HomeMy WebLinkAbout2007/12/04 Agenda Packet
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Cheryl Cox, Mayor
Rudy Ramirez, Councilmember
John McCann, Council member
Jerry R. Rindone, Council member
Steve Castaneda, Councilmember
David R. Garcia, City Manager
Ann Moore, City Attorney
Susan Bigelow, City Clerk
December 4, 2007
4:00 P.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
. INTRODUCTION BY REDEVELOPMENT MANAGER ERIC CROCKETT, OF
EMPLOYEE OF THE MONTH, JOSE DORADO, COMMUNITY DEVELOPMENT
SPECIALIST II
. REPORT ON THE 2007 CHRISTMAS IN OCTOBER PROGRAM
. PRESENTATION BY MAYOR COX OF A PROCLAMATION COMMENDING
EMERALD RANDOLPH FOR HER EXEMPLARY SERVICE
CONSENT CALENDAR
(Items I through 12)
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. WRITTEN COMMUNICATIONS
A. Letter of resignation from Bill Hieronimus, member of the Board of Appeals &
Advisors.
B. Letter of resignation from Joseph V. Alberdi Jr., member of the Design Review
Committee.
Staff recommendation: Council accept the resignations and direct the City Clerk to post
the vacancies in accordance with Maddy Act requirements.
2. A. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 15.06,
ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES, TO
THE CHULA VISTA MUNICIPAL CODE (SECOND READING AND ADOPTION)
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
BUILDING CODE, 2007 EDITION (SECOND READING AND ADOPTION)
C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
REFERENCED STANDARDS CODE, 2007 EDITION (SECOND READING AND
ADOPTION)
D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
MECHANICAL CODE, 2007 EDITION (SECOND READING AND ADOPTION)
E. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
ELECTRICAL CODE, 2007 EDITION (SECOND READING AND ADOPTION)
F. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
PLUMBING CODE, 2007 EDITION (SECOND READING AND ADOPTION)
G. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE
CODE, 2007 EDITION (SECOND READING AND ADOPTION)
The State mandated local jurisdictions to start enforcing the various 2007 Editions of the
California building codes on January 1,2008. Local adoption is a routine action taken by
the City to incorporate local amendments. The ordinances adopt the various 2007
Editions of the California building codes, their administrative provisions and local
amendments. The ordinances were fust introduced on November 13, 2007. (Planning
and Building Director)
Staff recommendation: Council adopt the ordinances.
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December 4, 2007
3. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE DISSOLUTION OF THE COMMUNITY DEVELOPMENT
DEPARTMENT AND THE TRANSFER OF COMMUNITY DEVELOPMENT'S
ADMINISTRATION, ECONOMIC DEVELOPMENT, AND PLANNING
FUNCTIONS TO THE REDEVELOPMENT AGENCY, ADMINISTRATION
DEPARTMENT, AND PLANNING AND BUILDING DEPARTMENT
RESPECTIVELY
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE MERGING OF THE GENERAL SERVICES AND ENGINEERING
DEPARTMENTS INTO THE NEW ENGINEERING AND GENERAL SERVICES
DEPARTMENT, THE TRANSFER OF THE ENVIRONMENTAL MANAGEMENT,
TRAFFIC OPERATIONS, AND LANDSCAPE INSPECTION PROGRAMS FROM
ENGINEERING AND GENERAL SERVICES TO PUBLIC WORKS, THE
TRANSFER OF FLEET OPERATIONS FROM PUBLIC WORKS TO THE
ENGINEERING AND GENERAL SERVICES DEPARTMENT, AND CHANGE THE
NAME OF THE PUBLIC WORKS OPERATIONS DEPARTMENT TO PUBLIC
WORKS
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ESTABLISHMENT OF THE FOLLOWING NEW POSITION
CLASSIFICATIONS: DIRECTOR OF REDEVELOPMENT AND HOUSING,
ASSISTANT DIRECTOR OF REDEVELOPMENT AND HOUSING,
REDEVELOPMENT AND HOUSING MANAGER, PRINCIPAL ECONOMIC
DEVELOPMENT SPECIALIST, SENIOR ECONOMIC DEVELOPMENT
SPECIALIST, PRINCIPAL PROJECT COORDINATOR, SENIOR PROJECT
COORDINATOR, PROJECT COORDINATOR II, PROJECT COORDINATOR I,
DIRECTOR OF ENGINEERING AND GENERAL SERVICES, ASSISTANT
DIRECTOR OF ENGINEERING AND GENERAL SERVICE/CITY ENGINEER,
DIRECTOR OF PUBLIC WORKS, AND ASSISTANT DIRECTOR OF PUBLIC
WORKS
D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF
UNCLASSIFIED POSITIONS TO ADD THE FOLLOWING TITLES: ASSISTANT
DIRECTOR OF REDEVELOPMENT AND HOUSING, REDEVELOPMENT AND
HOUSING MANAGER, ASSISTANT DIRECTOR OF ENGINEERING AND
GENERAL SERVICES/CITY ENGINEER, ASSISTANT DIRECTOR OF PUBLIC
WORKS, AS WELL AS THE DELETION OF THE FOLLOWING TITLES:
ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT, ASSISTANT
DIRECTOR OF PUBLIC WORKS AND OPERATIONS, AND HOUSING MANAGER
(FIRST READING) (4/5THS VOTE REQUIRED)
In order to achieve cost savings and improve efficiency, staff is recommending the
reorganization of the development and maintenance services departments, which will
result in the elimination of 9 positions at an estimated annual savings of $ 1.2 million.
These reorganizations were presented to Council at the November 1, 2007 budget
workshop. (City Manager)
Staff recommendation: Council adopt the resolutions and hold first reading of the
ordinance.
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December 4, 2007
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING SUBMITTAL OF A FISCAL YEAR 2008/2009 BICYCLE
TRANSPORTATION ACCOUNT (BTA) GRANT APPLICATION AND
CERTIFYING THAT MATCHING FUNDS ARE OR WILL BE AVAILABLE
THEREFOR
Adoption of the resolution approves the submittal of a $135,630 Bicycle Transportation
Account grant application to Caltrans for Fiscal Year 2008/2009 in order to provide for
citywide bicycle amenities such as replacement bus-mounted bike racks, roadway
signage for bicycle facilities and for traffic signal video detection units in order to
encourage alternative modes of transportation. (Engineering and General Services
Director, Public Works Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT
DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT
NO. 2007-1 (FIRST AVENUE) AND ORDERING THE CONSTRUCTION OF
IMPROVEMENTS
Residential properties along First A venue, between Naples Street and Palomar Street, are
currently without curbs, gutters, or sidewalks. All property owners signed a petition
requesting that special assessment district proceedings commence for the purpose of
financing the construction of these improvements. Staff completed the preliminary
design and cost estimates for this project, and the City Council adopted resolutions,
which accepted the petition, approved the proposed boundary map and preliminary
Assessment Engineer's Report, set a public hearing and ordered the initiation of ballot
proceedings. On September II, 2007, Council conducted the public hearing and ballot
proceedings. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "CHULA
VISTA COMMUNITY PARK EMERGENCY SLOPE REPAIR" AND RATIFYING
THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF ENGINEERING
AND GENERAL SERVICES FOR MAKING AND EXECUTING A CONTRACT FOR
SAID EMERGENCY REPAIR WITH CASS CONSTRUCTION, INC.
ESTABLISHING A CAPITAL IMPROVEMENT PROJECT FOR THE WORK
COMPLETED AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE
REQUIRED)
On September 4, 2007, staff was informed by the Otay River Contractors that the slope
located adjacent to the Southbay Expressway (SR-125) at Otay Lakes Road had been
undermined and a large cavity created. In accordance with the emergency provisions of
Section I 009 of the City Charter, City staff contracted the services of CASS Construction,
Inc. for the repair, and an informational item was submitted to Council stating that a fmal
report on the full cost of the project would be forthcoming. This report provides the total
expenditures for the repair. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
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December 4, 2007
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $54,520 IN TRANSPORTATION DEVELOPMENT ACT FUNDS
TO THE "REAS SLURRY SEAL PAVEMENT REHABILITATION FISCAL YEAR
2007/2008 (STL-340)" PROJECT FROM THE AVAILABLE FUND BALANCE
(4/5THS VOTE REQUIRED)
On October 30, 2007, the City received a letter from SANDAG indicating that payment
of Transportation Development Act funds were processed to the City for a grant that the
City had received for the Bay Boulevard Bike Lane Improvements project.
Appropriations are necessary to reimburse the "REAS Slurry Seal Pavement
Rehabilitation (STL-340)" project, which included the bike lane improvements.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
8. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
SETTING AUGUST 1, 2008 AS THE DATE BY WHICH PROPERTY OWNERS
WITHIN UNDERGROUND DISTRICT NO. 134 ALONG EAST L STREET FROM
MONSERATE A VENUE TO NACION A VENUE SHALL BE READY TO RECEIVE
UNDERGROUND UTILITY SERVICE, SETTING DECEMBER 31, 2009 AS THE
APPROXIMATE DATE BY WHICH POLES, OVERHEAD WIRES AND
ASSOCIATED OVERHEAD FACILITIES ARE REMOVED WITHIN THE
DISTRICT, AUTHORIZING THE INCREASE OF UTILITY ALLOCATION FUNDS
TO APPROXIMATELY $1,654,000, AND REQUESTING THAT THE UTILITY
COMPANY PAY FOR THE INSTALLATION OF PRIVATE LATERAL
CONNECTIONS FROM THE CITY'S RULE 20A FUNDS, AND AUTHORIZING
THE UTILITY COMPANY TO INSTALL THOSE PRIVATE LATERAL
CONNECTIONS
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.32 OF
THE CHULA VISTA MUNICIPAL CODE TO REFLECT CHANGES TO THE
PUBLIC UTILITIES COMMISSION RULE 20A ON UTILITY UNDERGROUNDING
(FIRST READING)
On December 10,2002, the City Council held a public hearing and approved Resolution
No. 2002-509 establishing Utility Underground District No. 134 along East L Street from
Monserate Avenue to Nacion Avenue. The resolution also authorized the expenditure of
utility allocation funds to subsidize private service lateral conversion. The subsequent
adoption of Public Utilities Commission Rule 20.A.3 allows the construction of private
service laterals to be included as part of the undergrounding project. The proposed
ordinance will revise the Chula Vista Municipal Code to be consistent with these
changes. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
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December 4, 2007
9. A. ORDINANCE OF THE CITY OF CHULA VISTA REPLACING CHAPTER 18.54 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO FLOODPLAIN
REGULA nONS WITH CHAPTER 14. I 8 (FIRST READING)
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 14.04
The original floodplain ordinance was adopted in November 1978, and amended to meet
current standards of the National Flood Insurance Program in August of 2006. Adoption
of the proposed ordinances will bring the City into full compliance with current
requirements. (Engineering and General Services Director)
Staff recommendation: Council hold first reading of the ordinance.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR
2008
The Internal Revenue Code requires that employers offering cafeteria plans under Section
125 have a written plan document, and that the employer adopt the plan document
annually. (Human Resources Director)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $173,857 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY,
AMENDING THE FISCAL YEAR 2007/2008 POLICE BUDGET FOR THE
SOBRIETY CHECKPOINT PROGRAM AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUIRED)
The Police Department has received funding from the California Office of Traffic Safety
for the Sobriety Checkpoint Program, with the goal of reducing the number of people
killed in alcohol-involved crashes. (Police Chief)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A MASTER COMMUNICATIONS SITE LICENSE AGREEMENT
WITH OMNIPOINT COMMUNICATIONS INC., (T-MOBILE) FOR THE
INSTALLATION AND OPERATION OF AS MANY AS 25 WIRELESS
TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR
FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY, SUBJECT TO
ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH AN OPTION
TO RENEW FOR AS MANY AS FIVE ADDITIONAL 5-YEAR TERMS; AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
Page 6 - Council Agenda
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December 4, 2007
Adoption of the proposed resolution would establish a Master Communications Site
License Agreement (MLA) between the City and Omnipoint Communications, Inc. (T-
Mobile) for the installation of as many as 25 total wireless telephone facilities on
property owned or controlled by the City. The City and T-Mobile are parties to an
existing MLA, entered into by Pacific Bell Wireless, LLC, T-Mobile's predecessor,
which would be replaced by the proposed agreement. (Conservation and Environmental
Services Director)
Staff recommendation: Council adopt the following 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.
13. CONSIDERATION OF TIlE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR
COLLECTION
Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Finance Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED
PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
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December 4, 2007
14. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT
SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Finance Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES
AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND
APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
15. CONSIDERATION OF FEE WAIVER REQUEST BY CALVARY CHAPEL
On October 29, 2007, a request for the waiver of the balance of development review
deposit account #DQ1235 was received from Calvary Chapel. Such requests may be
considered by the City Council per Municipal Code Section 3.45.010. (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
DENYING THE FEE WAIVER REQUEST OF CALVARY CHAPEL, SAN
DIEGO OF OCTOBER 29, 2007, REGARDING DEVELOPMENT REVIEW
DEPOSIT ACCOUNT #DQ1235
16. CONSIDERATION OF PRESENTATION OF 2006/2007 CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT AND SOLICITATION OF PUBLIC
INPUT ON THE FUNDING PRIORITIES OF THE COMMUNITY DEVELOPMENT
BLOCK GRANT, THE HOME INVESTMENT PARTNERSHIPS ACT PROGRAM,
AND THE EMERGENCY SHELTER GRANT
The purpose of the public hearing is to meet the City's requirement to hold a minimum of
two public hearings to allow for adequate citizen participation in the allocation of federal
grant funds. This item also provides a year-end report on the City's grant administration
performance for the program year 2006/2007. (Redevelopment Agency Executive
Director)
Staff recommendation: Council conduct the public hearing.
Page 8 - Council Agenda
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December 4, 2007
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. Ijyou 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.
17. CONSIDERATION OF RESOLUTION ACKNOWLEDGING THE VOTE OF 3-1-1 IN
FAVOR OF ITEMS 8(A) AND 8(B), CONSIDERED BY THE COUNCIL ON
NOVEMBER 13, 2007 PERTAINING TO DOWNTOWN PARKING AND AN
ORDINANCE MODIFYING THE CHULA VISTA MUNICIPAL CODE REGARDING
PARKING METER RATES AND OVERTIME PARKING FINE RATES
On November 13, 2007, the City Council considered a resolution accepting the
Downtown Parking Management Study, approving the Downtown Parking Interim
Action Plan, and directing staff to prepare a Downtown Parking Management Plan, along
with an ordinance amending the Chula Vista Municipal Code to modify parking meter
rates and the overtime parking fee. The Council voted 3 members in favor, 1 opposed
and 1 abstaining. Although the resolution and ordinance had passed, the City Clerk and
Councilmembers thought it had failed due to the understanding that the ordinance
required a 4/5ths vote. Based on this statement, the City Clerk did not process the
resolution or place the ordinance on the next agenda for second reading. Adoption of this
resolution acknowledges the error and directs the City Clerk to process the resolution and
place the ordinance on the next agenda for second reading. (City Attorney)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACKNOWLEDGING THE VOTE OF 3-1-1 IN FAVOR OF ITEMS 8(A) AND
8(B), CONSIDERED BY THE CITY COUNCIL ON NOVEMBER 13, 2007;
AND DIRECTING THE CITY CLERK TO: (1) PROCESS THE RESOLUTION
RELATED TO ACCEPTING THE DOWNTOWN PARKING MANAGEMENT
STUDY; APPROVING THE DOWNTOWN PARKING INTERIM ACTION
PLAN; AND DIRECTING STAFF TO PREPARE A DOWNTOWN PARKING
MANAGEMENT PLAN; AND, 2) BRING BACK THE ORDINANCE OF THE
CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTERS 10.56 MODIFYING PARKING METER RATES AND 10.62
MODIFYING THE OVERTIME PARKING FINE RATE FOR ITS SECOND
READING
Page 9 - Council Agenda
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December 4, 2007
18. CONSIDERATION OF RESOLUTIONS AUTHORIZING THE CITY MANAGER TO
IMPLEMENT BUDGET REDUCTION PROPOSALS
The City Council has considered potential budget reductions during two separate budget
workshop sessions and through a straw polling process, indicated support for 163 of the
proposed reductions totaling $6.9 million in savings over the remainder of fiscal year
2007/2008, and $15 million in annual savings beginning in fiscal year 2008/2009. The
report provided summarizes the budget reductions that were supported by Council, and
recommends two additional proposals be included in the final budget-balancing plan.
Adoption of the resolutions approve the implementation of the proposed budget reduction
plan. (City Manager)
Staff recommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO IMPLEMENT BUDGET
REDUCTION PROPOSAL 122 AS DESCRIBED IN ATTACHMENT A
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO IMPLEMENT BUDGET
REDUCTION PROPOSAL 190 AND 194 AS DESCRIBED IN ATTACHMENT
A
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE BUDGET
REDUCTION PROPOSALS AS DESCRIBED IN ATTACHMENT A
EXCLUDING BUDGET REDUCTION PROPOSALS 122, 190, AND 194
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
20. MAYOR'S REPORTS
21. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M Brown Act (Government Code 54957.7).
22. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6
. Agency designated representatives: Management Team
. Employee organization: IAFF Local 2180, POA, CVEA, and WCE
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December 4, 2007
23. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Clerk
ADJOURNMENT to the Regular Meeting of December 11, 2007 at 6:00 p.m. in the Council
Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired
Page II - Council Agenda
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December 4, 2007
-----Original Message-----
From: Bill Hieronimus [mailto:navy03@cox.net]
Sent: Monday, November 12, 2007 12:01 PM
To: Eileen Dimagiba
Subject: Board of Appeals & Advisors
Importance: High
Eileen,
Please be advised that it has become necessary for me to offer my resignation
from the Board of Appeals and Advisors. I will be on the east coast for a
majority of time during the next six months or so in order to further my
business venture goals and opportunities. Please extend my regrets to the
Board and my sincere gratitude to them for having the opportunity to have
served with such committed citizens and professionals in the forun1 for which
we were selected. Any correspondence may be forwarded to the following
address:
Debra Taylor
464 Campbells Creek Drive
Charleston, WV 25306
ATTN: Bill Hieronimus
Sincerely,
Bill Hieronimus
1-A
Mayor Cheryl Cox
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
November 1, 2007
Dear Mayor Cheryl Cox and Council members,
Please accept this as formal notice of my resignation from the position of Chair
for the Design Review Committee, with effect as of September 1, 2007.
In accordance with my discussions with staff I am happy to continue to serving
on the committee until my position is filled
While I believe moving is for good reasons, I am sorry to leave the City of
Chula Vista where I have been a resident for the 40 years, and I thank you for
your support during my time on the committee, which I have found enjoyable
and fulfilling.
Best regards,
Jose V. A1berdiJr.
l-B
2637 Prato Lane + San Diego + 92108 + e. ialberdi(ii!cox.net + c.619370.5613
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ORDINANCE NO. . ...-rtol\
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AN ORDINANCE OF THE CITY OF CHULA.YJ.~~
CHAPTER 15.06, ADMINISTRATIVE PRO~~-FOR THE
TECHNICAL BUILDING CODES, TO THE CHULA VISTA
MUNICIPAL CODE
The City Council of the City ofChula Vista does ordain as follows:
SECTION 1. That Chapter 15.06 is added to the Chula Vista Municipal Code and reads as
follows:
Sections:
Section 15.06.001
Section 15.06.005
Section 15.06.010
Section 15.06.015
Section 15.06.020
Section 15.06.025
Section 15.06.030
Section 15.06.035
Section 15.06.040
Section 15.06.045
Section 15.06.050
Section 15.06.055
Section 15.06.060
Section 15.06.065
Section 15.06.070
Section 15.06.075
Section 15.06.080
Section 15.06.085
Section 15.06.090
Section 15.06.095
Section 15.06.100
Section 15.06.105
Section 15.06.110
Section 15.06.115
Chapter 15.06
Administrative Provisions for the Technical Building Codes
Purpose
Scope
Applicable Codes
Definitions
Conflicting Provisions
Existing Installations
Existing Occupancy
Maintenance
Temporary Structures and Uses
Alternate Materials, Methods of Design and Methods of Construction
Tests
Authority
Powers and Duties of the building official
Unsafe Buildings, Structures or Building Equipment
Board of Appeals and Advisors
Violations
Permits
Application for a Permit
Permit Issuance
Fees
Inspections
Compliance Survey Inspection
Connection to Utilities
Certificate of Occupancy
Section 15.06.001 Purpose
The purpose of this Chapter is to provide for the administration and enforcement of the
technical codes listed under Section 15.06.010.
H:\BLD_HSG\2007 Codes AdoptionlFinal Dnft\Technical BIds Codes - Chapter 15.061.doc
Revised: 10/24/2007 at 11 :30 a.m.
2-1
Ordinance No.
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Section 15.06.005 Scope
The provisions of this Chapter shall serve as the administrative, organizational and
enforcement rules and regulations for the technical codes listed under Section 15.06.010 which
regulate site preparation and construction, location, alteration, moving, demolition, repair, use
and occupancy of buildings, structures, and building service equipment.
Provisions contained in the appendices of the technical codes shall not apply unless
specifically adopted by the City of Chula Vista.
Section 15.06.010 Applicable Codes
The following technical codes are adopted by the city of Chula Vista:
A. The 2007 California Building Code with local amendments (Chapter 15.08 of the
Chula Vista Municipal Code).
B. The 2007 California Mechanical Code (Chapter 15.16 of the Chula Vista Municipal
Code).
C. The 2007 California Plumbing Code (Chapter 15.28 of the Chula Vista Municipal
Code).
D. The 2007 California Electrical Code with local amendments (Chapter 15.24 of the
Chula Vista Municipal Code).
E. The 2005 California Energy Code with local amendments (Chapter 15.26 of the
Chula Vista Municipal Code).
F. The 2007 California Referenced Standards Code (Chapter 15.10 of the Chula Vista
Municipal Code)
Section 15.06.015 Definitions
For the purposes of this Chapter, and Chapters 15.08, 15.10, 15.16, 15.24, 15.26, and
15.28, the following words have the meanings shown in this section. Where a term is not defmed
in this section, but is defmed in one of the technical codes, such term shall have the meaning
ascribed to in the technical code. Where terms are not defined, they shall have their ordinarily
accepted meanings within the context with which they are used. Words used in the singular
include the plural, and the plural the singular. Words used in the masculine gender include the
feminine, and the feminine include the masculine.
"Addition" means an extension or increase in floor area or height of a building or
structure.
"Alter or Alteration" means a change or modification in construction or building service
equipment.
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"Approved, as to materials, types of construction, equipment and systems" means
approval by the building official as the result of investigation and tests conducted by the building
official, or by reason of accepted principles or tests by recognized authorities, technical or
scientific organizations.
"Approved Agency" means an established and recognized agency regularly engaged in
conducting tests or furnishing inspection services, when the agency has been approved by the
building official.
"Building" means a structure used or intended for supporting or sheltering a use or
occupancy.
"Building Code" means the California Building Code, as adopted and amended by the
city in Chapter 15.08 of the Municipal Code.
"Building, Existing" means a building erected prior to the adoption of this chapter and
the adoption of the technical codes, or one for which a legal building permit has been issued.
"Building Official" means the officer or other designated authority charged with the
administration and enforcement of this code and the technical codes, or duly authorized
representative. The Building Official for the City of Chula Vista is the Assistant Director of
Planning and Building overseeing the Building Division.
"Building Service Equipment" means the plumbing, mechanical and electrical equipment
including piping, wiring, fixtures and other accessories which provide sanitation, lighting,
heating, ventilation, cooling, refrigeration and fire-fighting that is essential to the occupancy of
the building or structure for its designated use.
"Electrical Code" means the California Electrical Code, as adopted and amended by the
city in Chapter 15.24 the Municipal Code.
"Listed and Listing" means equipment and materials included in a list published by an
approved testing laboratory, inspection agency, or other organization concerned with product
evaluation that maintains periodic inspection of current productions of listed equipment or
materials than states that the material or equipment complies with approved nationally
recognized codes, standards or tests and has been tested or evaluated and found suitable for use
in a specified manner.
"Mechanical Code" means the California Mechanical Code, as adopted and amended by
the city in Chapter 15.16 of the Municipal Code.
"Occupancy" means the purpose for which a building, or part thereof, is used or intended
to be used.
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"Owner" means any person, agent, firm or corporation having a legal or equitable interest
in the property.
"Permit" means an official document or certificate issued by the building official
authorizing performance of a specified activity.
"Person" means a natural person, heirs, executors, administrators or assigns, and also
includes a firm, partnership or corporation, its or their successors or assigns or the agent of any
of the above.
"Plumbing Code" means the California Plumbing Code, as adopted and amended by the
city in Chapter 15.28 the Municipal Code.
"Repair" means the reconstruction or renewal of any part of an existing building,
structure or building service equipment for the purpose of its maintenance.
"Structure" means that which is built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some definite
manner.
"Technical codes" means those codes listed in Section 15.06.010.
"Valuation or Value", as applied to a building and its building service equipment, means
the estimated cost to replace the building and its building service equipment in kind, based on
current replacement costs.
Section 15.06.020 Conflicting Provisions
When conflicting provisions or requirements occur between this chapter, the technical
codes and other codes or laws, the most restrictive shall govern.
When conflicts occur between the technical codes, those provisions providing the greater
safety to life shall govern. In other conflicts where sanitation, life safety or fire safety are not
involved, the most restrictive provisions shall govern.
Where in a specific case different sections of the technical codes specify different
materials, methods of construction or other requirements, the most restrictive shall govern. When
there is a conflict between a general requirement and a specific requirement, the specific
requirement shall be applicable.
When conflicts occur between specific provisions of this chapter and administrative
provisions in a technical code, those conflicts shall be resolved in favor of this chapter, which
shall be prevailing.
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Section 15.06.025 Existing Installations
Building service equipment lawfully in existence at the time of the adoption of the
technical codes may have their use, maintenance or repair continued if the use, maintenance or
repair is in accordance with the original design and a hazard to life, health or property has not
been created by such building service equipment.
Section 15.06.030 Existing Occupancy
Buildings in existence at the time of the adoption of the Building Code may have their
existing use or occupancy continued if the use or occupancy was legal at the time of the adoption
of the Building Code, and provided continued use is not dangerous to life, health and safety.
A change in the use or occupancy of any existing building or structure shall comply with
the provisions of Section 15.06.115 and the Building Code.
Section 15.06.035 Maintenance
Buildings, structures and building service equipment, existing and new, and parts thereof
shall be maintained in a safe and sanitary condition. Devices or safeguards, which are required
by the technical codes, shall be maintained in conformance with the technical code under which
the device or safeguard was installed. The owner shall be responsible for the maintenance of
buildings, structures and their building service equipment. To determine compliance with this
section, the building official may cause a structure to be reinspected.
Section 15.06.040 Temporary Structures and Uses
A. General. The building official is authorized to issue a permit for temporary structures
and temporary uses. Such permits shall be limited as to time of service, but shall not
be permitted for more than 180 days. The building official is authorized to grant
extensions for demonstrated cause.
B. Conformance. Temporary structures and uses shall conform to the structural strength,
fire safety, means of egress, accessibility, light, ventilation and sanitary requirements
of the technical codes as necessary to ensure public health, safety and general
welfare.
C. Temporary power. The building official is authorized to give permIssIOn to
temporarily supply and use power in part of an electric installation before such
installation has been fully completed and the final certificate of completion has been
issued. The part covered by the temporary certificate shall comply with the
requirements specified for temporary lighting, heat or power in the Electrical Code.
D. Termination of approval. The building official is authorized to terminate a permit for
a temporary structure or use and to order the temporary structure or use to be
discontinued.
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Section 15.06.045 Alternate Materials, Methods of Design and Methods of Construction
The provisions of the technical codes are not intended to prevent the use of any material,
method of design or method of construction not specifically prescribed by the technical codes,
provided an alternate has been approved and its use authorized by the building official.
The building official may approve an alternate, provided the building official fmds that
the proposed design is satisfactory and complies with the provisions of the technical codes and
that the material, method or work offered is, for the purpose intended, at least the equivalent of
that prescribed in the technical codes in suitability, strength, effectiveness, fire resistance,
durability, safety and sanitation.
The building official may require documentation necessary to make findings for
approval. The details of an action granting approval of an alternate shall be recorded and entered
in the files of the Building Division.
For purposes of this section, the code development and product approval and listing
processes utilized by the model code groups are deemed sufficient to make the required findings
related to case-by-case approvals of alternate materials and methods of design and construction.
Section 15.06.050 Tests
Whenever, in the opinion of the building official, there is insufficient evidence of
compliance with the provisions of the technical codes or evidence that materials or construction
do not conform to the requirements of the technical codes, the building official may require tests
as evidence of compliance to be made at no expense to the city.
Test methods shall be as specified by the technical codes or by other recognized test
standards. In the absence of recognized and accepted test methods, the building official shall
determine test procedures.
Tests shall be made by an approved agency. Reports of such tests shall be retained by the
building official for the period required for the retention of public records.
Section 15.06.055 Authority
There is hereby established a building code enforcement agency which shall be under the
administrative and operational control of the building official.
Whenever the term or title "administrative authority," "responsible official," "building
official," "chief inspector," or other similar designation is used in any of the technical codes, it
means the building official.
Section 15.06.060 Powers and Duties ofthe building official
A. The building official is authorized and directed to enforce all the provisions of this
chapter and the technical codes. For such purposes, the building official shall have
the powers of a law enforcement officer. The building official shall have the power to
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render interpretations of this chapter and the technical codes, and to adopt and
enforce rules and regulations supplemental to this chapter and the teclmical codes as
may be deemed necessary to clarify the application of the provisions of this chapter.
Such interpretations, rules and regulations shall be in conformity with the intent and
purpose of this chapter and the teclmical codes.
B. Deputies. The building official may appoint such number of teclmical officers and
inspectors and other employees as necessary. The building official may deputize such
inspectors or employees as may be necessary to carry out the functions of the
building code enforcement agency.
C. Right of entry. When necessary to make an inspection to enforce any of the
provisions of this chapter and the teclmical codes, or when the building official has
reasonable cause to believe that there exists in any building or upon a premises a
condition which is contrary to or in violation of this code or the technical codes
which makes the building or premises unsafe, dangerous or hazardous, the building
official may enter the building or premises at all reasonable times to inspect or to .
perform the duties imposed by this chapter, provided that if such building or premises
be occupied, that credentials be presented to the occupant and entry requested. If such
building or premises be unoccupied, the building official shall first make a reasonable
effort to locate the owner or other persons having charge or control of the building or
premises and request entry. Should entry be refused, the building official shall have
recourse to the remedies provided by law to secure entry.
D. Stop orders. When work is being done contrary to the provisions of this chapter, the
technical codes, or other pertinent laws or ordinances, the building official may order
the work stopped by notice in writing served on persons engaged in the doing or
causing such work to be done, and such persons shall stop the work immediately until
authorized by the building official to proceed with the work.
E. Occupancy violations. When a building or structure or building service equipment
regulated by this chapter and the technical codes is being used contrary to the
provisions of this chapter and the technical codes, the building official may order
such use discontinued by written notice served on any person causing such use to be
continued. Such person shall discontinue the use within the time prescribed by the
building official after receipt of such notice to make the structure, or portion thereof,
comply with the requirements of this chapter and the technical codes.
F. Authority to Disconnect Utilities. The building official shall have the authority to
disconnect a utility service or energy supplied to the building, structure or building
service equipment regulated by this chapter or the technical codes in case of
emergency where necessary to eliminate an immediate hazard to life or property. The
building official shall, whenever possible, notify the serving utility, the owner and
occupant of the building, structure or building service equipment of the decision to
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disconnect prior to taking such action, and shall notify such serving utility, owner and
occupant of the building, structure or building service equipment, in writing, of such
disconnection immediately thereafter.
G. Authority to remove building service equipment.
1. When the building official ascertains that building service equipment
regulated in the technical codes has become hazardous to life, health or
property, or has become unsanitary, the building official shall order in writing
that such equipment either be removed or restored to a safe or sanitary
condition, as appropriate. The written notice shall fix a time limit for
compliance with the order. Defective building service equipment shall not be
maintained after receiving such notice.
2. When such equipment or installation is to be disconnected, a written notice of
disconnection and causes therefore shall be given within twenty-four (24)
hours to the serving utility, the owner and occupant of such building, structure
or premises.
3. When any building service equipment is maintained in violation of the
technical codes and in violation of a notice issued pursuant to the provisions
of this section, the building official shall institute appropriate action to
prevent, restrain, correct or abate the violation.
H. Connection after order to disconnect. A person shall not make connections from an
energy, fuel or power supply nor supply energy or fuel to building service equipment
which has been disconnected or ordered to be disconnected by the building official or
the use of which has been ordered to be discontinued by the building official until the
building official authorizes the reconnection and use of such equipment.
1. Liability. The building official charged with the enforcement of this chapter and the
technical codes, acting in good faith and without malice in the discharge of his duties,
shall not be rendered personally liable for damage that may accrue to persons or
property as a result of an act or omission in the discharge of the assigned duties. A
suit brought against the building official or employee because of such act or omission
performed by the building official or employee in the enforcement of the provisions
of this chapter and the technical codes or other pertinent laws or ordinances shall be
defended by the city until final termination of such proceedings, and any judgment
resulting there from, shall be assumed by the city.
This chapter shall not be construed to relieve from or lessen the responsibility of any
person owning, operating or controlling a building, structure or building service
equipment for damages to persons or property caused by defects, nor shall the city be
held as assuming such liability by reason of the inspections authorized by this chapter
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and the technical codes or permits or certificates issued under this chapter and the
technical codes.
J. Modifications. When there are practical difficulties involved in carrying out the
provisions of this chapter and the technical codes, the building official may grant
modifications for individual cases. The building official must first find that a special
individual reason makes the strict letter of this chapter and the technical codes
impractical and that the modification is in conformance with the intent and purpose of
this chapter and the technical codes and that such modification does not lessen any
fire-protection requirements or any degree of structural integrity. The details of any
action granting modifications shall be recorded and entered in the files of the
Building Division.
K. Cooperation of other officials and officers. The building official may request, and
shall receive, the assistance and cooperation of other officials and employees so far as
is required in the discharge of the duties required by this chapter, the technical codes
or other city pertinent laws or ordinances.
Section 15.06.065 Unsafe Buildings, Structures or Building Service Equipment
A. Buildings or structures regulated by this chapter and the technical codes which are
structurally inadequate or have inadequate egress, or which constitute a fire hazard,
or are otherwise dangerous to human life are unsafe buildings.
B. Building service equipment regulated by this chapter and the technical codes, which
constitutes a fire, electrical or health hazard, or an unsanitary condition, or is
otherwise dangerous to human life, is unsafe. Use of buildings, structures or building
service equipment which are a hazard to safety, health or public welfare by reason of
inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or
abandonment is an unsafe use.
C. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or
structural members which are supported by, attached to, or a part of a building and
which are in a deteriorated condition or otherwise unable to sustain the design loads
which are specified in the Building Code are unsafe building appendages.
D. Unsafe buildings, structures or appendages and building service equipment are public
nuisances and shall be abated by repair, rehabilitation, demolition or removal in
accordance with the procedures set forth in Chapter 15.18. As an alternative, the
building official may institute other appropriate action to prevent, restrain, correct or
abate the violation.
Section 15.06.070 Board of Appeals and Advisors
The Board of Appeals and Advisors as established by Chapter 2.26 is hereby designated
to hear and decide appeals of orders, decisions, or determinations made by the Building Official
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relative to the application and interpretation of the technical codes. The Board shall render all
decisions and findings in writing to the Building Official and provide a copy to the appellant.
The decision of the Board is fmal.
Section 15.06.075 Violations
A. Unlawful acts. It shall be unlawful for any person to erect, construct, alter, extend,
repair, move, remove, demolish or occupy any building, structure or equipment
regulated by this chapter and the technical codes, or cause same to be done, in
conflict with or in violation of any of the provisions of this chapter and the technical
codes.
B. Notice of violation. The building official is authorized to serve a notice of violation
or order on the person responsible for the erection, construction, alteration, extension,
repair, moving, removal, demolition or occupancy of a building or structure in
violation of the provisions of this chapter and the technical codes, or in violation of a
permit or certificate issued under the provisions of this chapter or the technical codes.
Such notice of violation or order shall direct the discontinuance of the illegal action
or condition and the abatement of the violation.
C. Prosecution of violation. If the notice of violation or order is not complied with
promptly, the building official is authorized to request the City Attorney to institute
the appropriate proceeding at law or equity to restrain, correct or abate such violation,
or to require the removal or termination of the unlawful occupancy of the building or
structure.
D. Violation penalties. Any person who violates a provISIon of this chapter or the
technical codes or fails to comply with any of the requirements thereof or who erects,
constructs, alters or repairs a building or structure in violation of the approved
construction documents or directive of the building official, or of a permit or
certificate issued under the provisions of this chapter and the technical codes, shall be
subject to penalties as prescribed by law.
Section 15.06.080 Permits
A. Permits Required. Except as specified in subsection B of this Section, no building,
structure or building service equipment regulated by this chapter and the technical
codes shall be erected, constructed, enlarged, altered, repaired, moved, improved,
removed, converted or demolished unless a separate, appropriate permit for each
building, structure or building service equipment has first been obtained from the
building official.
B. Work Exempt from Permit. A permit shall not be required for the types of work in
each of the separate classes of permit as listed below. Exemption from the permit
requirements of this chapter shall not be deemed to grant authorization for any work
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to be done in violation of the provisions of the technical codes or any other laws or
ordinances.
1. Building permits.
A building permit shall not be required for the following:
a. One-story detached accessory buildings, not exceeding twelve feet in
height used as tool and storage sheds, playhouses and similar uses,
provided the floor area does not exceed one-hundred forty-four square
feet and are located so as to comply with the provisions of Section
19.58.020.
b. Detached patio covers, not exceeding twelve feet in height, with a
projected roof area not to exceed one-hundred forty-four square feet
and located at least six feet from any building or structure on the same
property.
c. Fences up to seventy-two inches and freestanding masonry walls up to
forty-eight inches in height above the highest adjacent grade.
d. Oil derricks.
e. Movable cases, racks, counters and partitions not over five (5) feet
nine (9) inches (1753 mm) high.
f. Retaining walls which are not over three feet in height measured from
the top of the footing to the top of the wall, unless supporting a
surcharge or impounding flammable liquids.
g. Water tanks supported directly upon grade if the capacity does not
exceed five thousand (5,000) gallons (18,925 L) and the ratio of height
to diameter or width does not exceed 2: 1.
h. Platforms, walks and driveways not more than thirty (30) inches (762
mm) above grade and not over any basement or story below, and are
not part of an accessible route.
i. Painting, papering, tiling, carpeting, cabinets, counter tops and similar
finish work.
j. Temporary motion picture, television and theater stage sets and
scenery.
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k. Window awnings supported by an exterior wall of Group R, Division
3, and Group U Occupancies when projecting not more than fifty-four
(54) inches (1372 mm) from the exterior wall.
1. Prefabricated swimming pools accessory to a Group R, Division 3
Occupancy that are less than 24 inches (610 mm) deep, do not exceed
5000 gallons (18925 L) and are installed entirely above ground.
m. Shade cloth structures constructed for nursery or agricultural purposes,
not including service systems.
n. Swings and other playground equipment accessory to detached one-
and two-family dwellings.
o. The installation of replacement windows in existing window openings
associated with a residential dwelling unit with no modifications to the
existing rough opening or to the exterior weather proofing.
p. Television and radio antennas less than thirty-five feet in height.
q. Fish ponds, reflective pools or other decorative water containers with a
wet surface area of one-hundred square feet or less and a maximum
depth of eighteen inches to the flood rim.
r. Outside paving ofR-3 and U Occupancies parking surfaces.
s. Re-roofing buildings of Group R-3 and U Occupancies of less than
five-hundred square feet or less than fifty percent of roof covering
replacement.
t. Repairs which involve only the replacement of component parts of
existing work with similar materials for the purpose of maintenance
and do not affect any electrical, plumbing or mechanical installations.
Repairs exempt from permit requirements shall not include any
addition, change, or modification in construction, exit facilities, or
permanent fixtures or equipment.
Unless otherwise exempted by this chapter, separate plumbing, electrical and mechanical
permits will be required for the above exempted items.
2. Plumbing permits.
A plumbing permit shall not be required for the following:
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a. The stopping of leaks in drains, soil, waste or vent pipe. However, the
removal or replacement of any concealed trap, drain pipe, soil, waste
or vent pipe with new material is new work and a permit and
inspection is required.
b. The clearing of stoppages or the repairing of leaks in pipes, valves or
fixtures, or the removal and reinstallation of water closets, provided
such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
3. Electrical permits.
An electrical permit shall not be required for the following:
a. Portable motors or other portable appliances energized by means of a
cord or cable having an attachment plug end to be connected to an
approved receptacle when that cord or cable is permitted by the
Electrical Code.
b. Repair or replacement of fixed motors, transformers or fixed approved
appliances of the same type and rating in the same location.
c. Temporary decorative lighting.
d. Repair or replacement of current-carrying parts of any switch,
contactor or control device.
e. Reinstallation of attachment plug receptacles, but not the associated
outlets.
f. Repair or replacement of any overcurrent device of the required
capacity .
g. Repair or replacement of electrodes or transformers of the same size
and capacity for signs or gas tube systems.
h. Taping joints.
1. Removal of electrical wiring.
J. Temporary wiring for experimental purposes in suitable experimental
laboratories.
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k. The wiring for temporary theater, motion picture or television stage
sets.
1. Electrical wiring, devices, appliances, apparatus or equipment
operating at less than twenty-five (25) volts and not capable of
supplying more than fifty (50) watts of energy.
m. Low energy power, control and signal circuits of Class II and Class III
as defined in the Electrical Code.
n. The installation, alteration or repair of electrical wiring, apparatus or
equipment or the generation, transmission, distribution or metering of
electrical energy or in the operation of signals or the transmission of
intelligence by a public or private utility in the exercise of its function
as a serving utility.
o. Communication circuits per Article 800 of the Electrical Code.
4. Mechanical permits.
A mechanical permit shall not be required for the following:
a. A portable heating appliance, portable ventilating equipment, portable
cooling unit, or a portable evaporative cooler.
b. A closed system of steam, hot or chilled water piping within heating or
cooling equipment regulated by the Mechanical Code.
c. Replacement of any component part of assembly of an appliance
which does not alter its original approval and complies with other
applicable requirements of the technical codes.
d. Refrigerating equipment which is part of the equipment for which a
permit has been issued pursuant to the requirements of the technical
codes.
e. A unit refrigerating system as defmed in the Mechanical Code.
Section 15.06.085 Application for a Permit
A. Application. To obtain a permit, the applicant shall first file an application in writing
on a form furnished by the city for that purpose. Every application shall:
I. Identify and describe the work to be covered by the permit for which
application is made.
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2. Describe the land on which the proposed work is to be done by legal
description, street address or similar description that will readily identify and
definitely locate the proposed building or work.
3. Indicate the use or occupancy for which the proposed work is intended.
4. Be accompanied by plans, diagrams, computations and specifications, and
other data as required in subsection (B) of this Section.
5. State the valuation of any new building or structure or any addition,
remodeling or alteration to an existing building.
6. Be signed by the applicant, or the applicant's authorized agent.
7. Give such other data and information as may be required by the building
official.
B. Submittal Documents. Plans, specifications, engineering calculations, diagrams, soil
investigation reports, special inspection and structural observation programs and
other data shall constitute the submittal documents and shall be submitted in one or
more sets with each application for a permit. When such plans are not prepared by an
architect or engineer, the building official may require the applicant submitting such
plans or other data to demonstrate that state law does not require that the plans be
prepared by a licensed architect or engineer. The building official may require plans,
computations and specifications to be prepared and designed by an engineer or
architect licensed by the state even if not required by state law. However, the building
official may waive the requirement to submit plans, calculations, construction
inspection requirements and other data if that the nature of the work applied for is
such that reviewing of plans is not necessary to obtain compliance with this chapter.
I. Information on plans and Specifications. Plans and specifications shall be
drawn to scale on substantial paper or cloth and shall be of sufficient clarity to
indicate the location, nature and extent of the proposed work and show in
detail that the proposed work will conform to the provisions of this chapter,
the technical codes and all relevant laws, ordinances, rules and regulations.
Plans for buildings of other than Group R, Division 3 and Group U
Occupancies shall indicate how required structural and fire-resistive integrity
will be maintained where penetrations will be made for electrical, mechanical,
plumbing and communication conduits, pipes and similar systems.
2. Architect or Engineer of Record. When it is required that documents be
prepared by an architect or engineer, the building official may require the
applicant to engage and designate on the building permit application an
architect or engineer who shall act as the architect or engineer of record. If the
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circumstances require, the applicant may designate a substitute architect or
engineer of record who shall perform all the duties required of the original
architect or engineer ofrecord. The applicant shall notify the building official
in writing if the architect or engineer of record is changed or is unable to
continue to perform the duties. The architect or engineer of record shall be
responsible for reviewing and coordinating all submittal documents prepared
by others, including deferred submittal items, for compatibility with the
design of the building.
3. Deferred Submittals. Deferred submittals are defined as those portions of the
design which are not submitted at the time of the application and which are to
be submitted to the building official within a specified period. Deferred
submittals shall have prior approval of the building official. The architect or
engineer of record shall list the deferred submittals on the plans at time of
application and shall submit the deferred submittal documents for review by
the building official.
The architect or engineer of record shall submit the deferred submittals to the
building official with a notation indicating that the deferred submittals have
been reviewed and that they have been found to be in general conformance
with the design of the building. The deferred submittal items shall not be
installed until their design and deferred submittals have been approved by the
building official.
C. Expiration of Plan Review. Applications for which no permit is issued within one
hundred eighty (180) days following the date of application shall expire, and plans
and other data submitted for review may thereafter be returned to the applicant or
destroyed by the building official. The building official may extend the time for
action by the applicant for a period not exceeding one hundred eighty (180) days on
written request by the applicant showing that circumstances beyond the control of the
applicant have prevented action from being taken. An application shall not be
extended more than once. In order to renew action on an application after expiration,
the applicant shall resubmit plans and pay a new plan review fee.
Section 15.06.090 Permit Issuance
A. Issuance. The application, plans, specifications, computations and other data filed by
an applicant for permit shall be reviewed by the building official. Such plans may be
reviewed by other departments of the city to verify compliance with all applicable
laws. If the building official finds that the work described in an application for a
permit and the plans, specifications and other data filed therewith conform to the
requirements of this chapter, the technical codes, and other pertinent laws and
ordinances, and that the fees specified in Section 15.06.095 have been paid, the
building official shall issue a permit to the applicant.
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When a permit is issued, and plans and specifications are required for that permit, the
building official shall endorse in writing or stamp the plans and specifications
APPROVED. Such approved plans and specifications shall not be changed, modified
or altered without authorization from the building official, and all work regulated by
this chapter or the technical codes shall be done in accordance with the approved
plans and specifications.
The building official may issue a permit for the construction of part of a building,
structure or building service equipment before the entire plans and specifications for
the whole building, structure or building service equipment have been submitted or
approved, provided adequate information and detailed statements have been filed
complying with all pertinent requirements of the technical codes. The issuance of a
partial permit shall not, in any way, commit the building official to grant a permit for
the entire building, structure or building service will be granted.
B. Retention of Plans. The building official shall maintain an official copy, microfilm,
electronic or other type of photographic copy of the plans of every building, during
the life of the building, for which the City issued a building permit. All plans for
common interest developments as defined in Section 1351 of the California Civil
Code shall be maintained with the following exceptions:
I. Single or multiple dwellings not more than two stories and basement in
height.
2. Garages and other structures appurtenant to buildings listed in Exception (a)
above.
3. Farm or ranch buildings.
4. Anyone-story building where the span between bearing walls does not exceed
25 feet, except a steel frame or concrete building.
C. Validity of Permit. The issuance of a permit or approval of plans, specifications and
computations shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this Chapter or the technical codes, or of any
other ordinance of the city. Permits presuming to give authority to violate or cancel
the provisions of this Chapter, the technical codes, or of other ordinances of the City
shall not be valid.
The issuance of a permit based on plans, specifications and other data shall not
prevent the building official from thereafter requiring the correction of errors in these
plans, specifications and other data, or prevent the building official from stopping
building operations when there is a violation of these plans, specifications and other
data, or violations of this Chapter or the technical codes, or of any other ordinances.
D. Expiration of Permit. Every permit issued by the building official under the
provisions of the technical codes shall expire, if the building or work authorized by
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such permit is not commenced within one hundred eighty (180) days from the date of
such permit, or if the building or work authorized by such permit is suspended or
abandoned at any time after the work is commenced for a period of one hundred
eighty (180) days. Before such work can be recommenced, a new permit shall be first
obtained to do so, and the fee shall be one half the amount required for a new permit
for such work, provided no changes have been made or will be made in the original
plans and specifications for such work; and provided that such suspension or
abandonment has not exceeded one year. In order to renew action on a permit after
expiration, the permittee shall pay a new full permit fee.
A permittee holding an unexpired permit may apply for an extension of the time
within which work may commence under that permit when the permittee is unable to
commence work within the time required by this section for good and satisfactory
reasons.
The building official may extend the time for action by the permittee for a period not
exceeding one hundred eighty (180) days upon written request by the permittee
showing that circumstances beyond the control of the permittee have prevented action
from being taken. Permits shall not be extended more than once.
E. Suspension or Revocation. The building official may, in writing, suspend or revoke a
permit issued under the provisions of this Chapter and the technical codes when the
permit is issued in error or on the basis of incorrect information supplied, or in
violation of this Chapter, the technical codes or any other ordinance or regulation.
Section 15.06.095 Fees
A. General. Fees shall be assessed in accordance with the provisions of this section or as
set forth in the fee schedule adopted by the City.
B. Permit Fees. The fee for each permit shall be as specified in the Master Fee Schedule
of the City ofChula Vista.
The determination of value or valuation shall be made by the building official and
shall be based on the total value of all construction work for which the permit is
issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-
conditioning, elevators, fire-extinguishing systems and other permanent equipment.
C. Plan Review Fees. When submittal documents are required by Section 15.06.085(B),
the applicant shall pay a plan review fee at the time of submitting the submittal
documents for plan review. The plan review fee shall be as specified in the Master
Fee Schedule of the City of Chula Vista. The plan review fees are separate fees from
the permit fees and are in addition to the permit fees. When submittal documents are
incomplete or changed so as to require additional plan review or when the project
involves deferred submittals as defmed in Section 15.06.085(B)(3), an additional plan
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review fee shall be charged. This additional plan review fee shall be as specified in
the Master Fee schedule of the City ofChula Vista.
D. Investigation Fees: Work Without a Permit.
1. Investigation. Whenever work for which a permit is required by this Chapter
or the technical codes has been commenced without first obtaining a permit,
the building official may make a special investigation before a permit may be
issued for such work.
An investigation fee, in addition to the permit fee, shall be collected whether
or not a permit is then or subsequently issued. The investigation fee shall be
equal to the amount of the permit fee pursuant to this section. The payment of
such investigation fee shall not exempt an applicant from compliance with all
other provisions of this Chapter, the technical codes, or from the penalty
prescribed by law.
However, the building official may waive the investigation fee if the building
official finds that such work was urgently necessary and it was not practical to
obtain a permit before commencement of the work. In all such cases, a permit
must be obtained as soon as it is practical to do so. If there is an unreasonable
delay in obtaining such permit, the investigation fee shall be charged.
2. Fee Refunds. The building official may authorize refunding of a fee paid
pursuant to this section which was erroneously paid or collected. The building
official may authorize refunding of not more than eighty (80) percent of the
permit fee paid when no work has been done under a permit issued in
accordance with this Chapter and the technical codes. The building official
may authorize refunding of not more than eighty (80) percent of the plan
review fee paid when an application for a permit for which a plan review fee
has been paid is withdrawn or canceled before any examination time has been
expended. The building official shall not authorize the refunding of any fee
paid except upon written application filed by the original permittee or
applicant not later than one hundred eighty (180) days after the date of fee
payment.
Section 15.06.100 Inspections
A. General. Construction or work for which a permit is required shall be subject to
inspection by the building official, and the construction or work shall remain
accessible and exposed for inspection purposes until approved by the building
official. In addition, certain types of construction shall have special inspection as
specified in Chapter 17 of the Building Code.
Approval as a result of an inspection shall not be construed to be an approval of a
violation of the provisions of this Chapter, the technical codes, or of other City
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ordinances. Inspections presuming to give authority to violate or cancel the
provisions of this Chapter, the technical codes, or of other City ordinances shall not
be valid.
The applicant shall cause the construction or work to remain accessible and exposed
for inspection purposes until approved by the building official. Neither the building
official nor the City shall be liable for expense entailed in the removal or replacement
of any material required to allow inspection.
The building official may require a survey of the lot to verify that the structure is
located in accordance with the approved plans.
B. Inspection Record Card. Work requiring a permit shall not be commenced until the
permittee or the agent of the permittee has posted or otherwise made available an
inspection record card to allow the building official conveniently to make the
required entries thereon regarding inspection of the work. The permittee shall
maintain this card available until fmal approval has been granted by the building
official.
C. Inspection Requests. It shall be the duty of the person doing the work authorized by a
permit to notify the building official that such work is ready for inspection. The
building official may require that every request for inspection be filed at least one
working day before such inspection is desired. Such request may be in writing, by
telephone or other means at the option of the building official.
It shall be the duty of the person requesting any inspections required either by this
Chapter or the technical codes to provide access to and means for inspection of the
work.
D. Approval Required. Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the building official. The
building official, upon notification, shall make the requested inspections and shall
either indicate that that portion of the construction is satisfactory as completed or
shall notify the permittee or an agent of the permittee that that portion of the
construction fails to comply with this Chapter or the technical codes.
Any portions which do not comply shall be corrected and such portion shall not be
covered or concealed until authorized by the building official.
There shall be a fmal inspection and approval of all buildings and structures when
completed and ready for occupancy and use.
E. Required Inspections. All plumbing, electrical and mechanical systems for which a
permit is required by this Chapter or the technical codes, shall be inspected by the
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building official. No portion of these systems shall be concealed until inspected and
approved. All technical code required testing of these systems shall be inspected and
approved.
All reinforcing steel and the structural framework of a building or structure shall not
be covered or concealed without first obtaining the inspection and approval of the
building official.
Protection of joints and penetrations in fire-resistive assemblies shall not be
concealed from view until inspected and approved by the building official.
The building official, upon notification, shall make the following inspections:
a. Underground inspection. To be made after all underground plumbing
systems, electrical conduits and mechanical systems are in place and
prior to backfill and concrete. All systems are to be under the
applicable test as required by code.
b. Foundation inspection. To be made after excavations for footings are
complete and required reinforcing steel and other required structural
hardware is in place. For concrete foundations, required forms shall be
in place prior to inspection. All materials for the foundation shall be on
the job, except when concrete is ready-mixed in accordance with
approved nationally recognized standards, the concrete need not be on
the job site. When the foundation is to be constructed of approved
treated wood, additional inspections may be required by the building
official.
c. Concrete slab or under-floor inspection. To be made after in-slab or
under-floor building service equipment, conduit, piping accessories
and other ancillary equipment items are in place but before any
concrete is placed or floor sheathing installed, including the subfloor.
d. Roof and/or floor. To be made after all framing and structural systems
are complete for the floor and roof systems. No floor or roof covering
is to be installed prior to this inspection and approval.
e. Frame inspection. To be made after the roof covering, framing, all
structural systems, fire blocking and bracing are in place and all pipes,
chimneys and vents are complete and the rough electrical, plumbing,
and mechanical cables, pipes, and ducts are installed and are under the
code required tests, as applicable.
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f. Lath and/or wallboard inspection. To be made after lathing and
wallboard, interior and exterior, is in place but before plaster is applied
or before wallboard joints and fasteners are taped and fInished. The
testing of gas piping systems is to be inspected at this time.
g. Final inspection. To be made after all work required by the building
permit is complete.
F. Required Building Service Equipment Inspections.
I. General. Building service equipment for which a permit is required by this
Chapter and the technical code shall be inspected by the building official.
Building service equipment intended to be concealed by a permanent portion
of the building shall not be concealed until inspected and approved. When the
installation of building service equipment is complete, an additional and fInal
inspection shall be made. Building service equipment regulated by the
technical codes shall not be connected to the water, fuel or power supply, or
sewer system until authorized by the building official. .
2. Operation of Building Service Equipment. The requirements of this section
shall not be considered to prohibit the operation of building service equipment
installed to replace existing building service equipment serving an occupied
portion of the building in the event a request for inspection of such building
service equipment has been fIled with the building official not more than
forty-eight (48) hours after the replacement work is completed, and before any
portion of such building service equipment is concealed by permanent
portions of the building.
G. Other Inspections. In addition to the called inspections specifIed above, the building
official may make or require other inspections of construction work to ascertain
compliance with the provisions of this Chapter or the technical codes and other laws
which are enforced by the City.
H. Special Inspection and Structural Observation. For special inspection and structural
observation, see Chapter 17 of the Building Code.
1. Reinspections. A reinspection fee may be assessed in the following circumstances: 1)
for each inspection or reinspection when such portion of work for which inspection is
called is not complete or when corrections called for are not made; 2) when the
inspection record card is not posted or otherwise available on the work site; 3) when
the approved plans are not readily available to the inspector; 4) for failure to provide
access on the date for which inspection is requested; 5) or for deviating from plans
requiring the approval of the building official.
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This section is not to be interpreted as requiring reinspection fees the first time a job
is rejected for failure to comply with the requirements of the technical codes, but as
controlling the practice of calling for inspections before the job is ready for such
inspection or reinspection.
The applicant shall pay the reinspection fee as set forth in the Master Fee Schedule of
the City of Chula Vista before requesting a reinspection. The building official shall
not conduct a reinspection of the work will until the required fees have been paid.
Section 15.06.105 Compliance Survey Inspection
Upon receipt of a written request for a compliance survey from the owner and payment of
the fee specified in the Master Fee Schedule ofthe City of Chula Vista, the building official may
inspect an existing structure to ascertain its compliance with the provisions of this Chapter, the
technical codes, and other applicable laws and ordinances, and report findings in writing to the
owner.
Section 15.06.110 Connection to Utilities
A. Energy Connections. Persons shall not make connections from a source of energy,
fuel or power to building service equipment which is regulated by the technical codes
and for which a permit is required by this code, until approved by the building
official.
B. Temporary Connections. The building official may authorize the temporary
connection of the building service equipment to the source of energy, fuel or power
for the purpose of testing building service equipment, or for use under a temporary
certificate of occupancy. The building official shall coordinate the approval of a
temporary connection with all other applicable city departments.
Section 15.06.115 Certificate of Occupancy
A. Use or Occupancy. Buildings or structures shall not be used or occupied nor shall a
change in the existing occupancy classification of a building or structure or portion
thereof be made until the building official has issued a certificate of occupancy.
However, this subsection does not apply to Group R, Division 3, and Group U
Occupancies.
Issuance of a certificate of occupancy shall not be construed as an approval of a
violation of the provisions of this Chapter, the technical codes, or of other City
ordinances. Certificates presuming to give authority to violate or cancel the
provisions of this Chapter, the technical codes, or of other City ordinances, shall not
be valid.
B. Change in Use. Changes in the character or use of a building shall not be made except
as specified in the Building Code.
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C. Certificate Issued. After the building official inspects the building or structure and
finds no violations of the provisions of this Chapter, the technical codes, or other
laws which are enforced by the City, and after the building official receives approvals
from the public works and planning departments for completion of all required
improvements, zoning code compliance and all other project conditions of approval,
the building official shall issue a certificate of occupancy which shall contain the
following:
1. The building permit number.
2. The address of the building.
3. The name and address of the owner.
4. A description of that portion of the building for which the certificate is issued.
5. A statement that the described portion of the building has been inspected for
compliance with the requirements of this Chapter and the technical codes for
the group and division of occupancy and the use for which the proposed
occupancy is classified.
6. The name of the building official.
D. Temporary Certificate. If the building official finds that substantial hazard will not
result from occupancy of a building or portion thereof before the same is completed,
a temporary certificate of occupancy for the use of a portion or portions of a building
or structure may be issued prior to the completion of the entire building or structure.
The building official shall coordinate the issuance of a temporary certificate with all
applicable city departments.
E. Posting. The certificate of occupancy shall be posted in a conspicuous place on the
premises and shall not be removed except by the building official.
F. Revocation. The building official may, in writing, suspend or revoke a certificate of
occupancy issued under the provisions of this Chapter and the technical codes when
the certificate is issued in error, or on the basis of incorrect information, or when it is
determined that the building or structure or portion thereof is in violation this
Chapter, the technical codes, or of other City ordinances.
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SECTION II. EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after final passage.
Submitted by:
Approved as to form by
'-fjL-A ) iL_~ jr'--
Ann Moore
City Attorney
James Sandoval
Director of Planning & Building
Brad Remp, C.B.O.
Assistant Director/Building Official
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ORDINANCE NO. ~...\O t>J)OP\\O"
~~\"G "'..
AN ORDINANCE OF THE CITYSt!C~~AVISTA
AMENDING CHAPTER 15.08 OF THE CHULA VISTA
MUNICIPAL CODE ADOPTING THE CALIFORNIA
BUILDING CODE, 1007 EDITION
The City Council of the City ofChula Vista does ordain as follows:
SECTION 1. That Chapter 15.08 of the Chula Vista Municipal Code is hereby amended
to read as fo Hows:
Chapter 15,08
BUILDlNG CODE
Sections:
15.08.0 10
15.08.070
15.08.100
California Building Code, 2007 Edition, adopted by reference.
Subsection 704.11 is amended to add an exception to the requirement for
parapets.
Subsection 903.2 is amended to require installation of automatic tire-
extinguishing system in buildings greater than certain height.
Subsection 1509.6 is added to Section 1509 to require equipment enclosures
on roofs.
15.08.080
15.08.010 California Building Code, 2007 Edition, adopted by reference.
There is hereby adopted by reference the California Building Code, 2007 Edition,
known as the California Code of Regulations, Title 24 part 2, including Appendix C and
Appendix I of that document as copYlighted by the International Code Council, and the
Califomia Building Standards Commission. Said doclllllent is hereby adopted as the
Building Code of the City of Chula Vista for regulating the erection, construction,
enlargement, alteration, repair, moving, demolition, conversion, occupancy, use, height,
and area of all buildings and structures in the City, excepting such p0l1ions as are
het'einafter deleted, modified, or amended. Municipal Code Chapter 15.06 shall serve as the
administrative, organizational and enforcement rules and regulations for this Chapter.
15.08.070 Subsection 704.11 is amended to add an exception to the requirement
for parapets.
Exception 7 is hereby added to Subsection 704.11 of the California Building Code,
as it applies in Chula Vista, and shall read as follows:
Exception 7. Conversion ofexistillg Group R occupancies to offices.
15.08.080 Subsection 903.2 is amended to require installation of automatic fire-
extinguishing system in buildings greater than certain height.
Subsection 903.2 of the California Building Code is hereby amended, as it applies
in Chula Vista, by the addition of the following:
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Ordinance No.
Page 2
In every building regardless of occupancy, group or type of construction, when such
building is more than f0l1y feet or four stories or more in height.
15.08.100 Subsection 1509.6 is added to Section 1509 to require equipment
enclosures 011 roofs.
Subsection 1509.6 is hereby added to Section 1509 of the California Building Code,
as it applies in Chula Vista, and shall read as follows:
Subsection 1509.6 Equipment Enclosure. Operating equipment, including piping and ducts
located on the roof of a building, shall be shielded from view from public thoroughfares,
and private and public parking lots. Equipment enclosures shall not be constructed so as to
trap tlammable or combustible vapors.
Exception: Solar coHectors. Does not include structural supporting members.
SECTION II.
FINDINGS AND DECLARATION.
The City Council of the City of Chula Vista specifically and expressly finds and declares
that each of the amendments noted above to the 2007 Edition of the California Building
Code is necessary due to local climatic, geological and topographical conditions.
SECTION llI. EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after final passage.
Presented by
Approved as to form by
~~ fU;~i>f'-
Ann Moore
City Attorney
J ames Sandoval
Director of Planning and Building
Brad Remp, C.B.O
Assistant Director/Building Official
t' ',Um:UI1lt:n[:; and Sdtings\elis.H;\Lm:al Sctlings\TiCl11purary 111i:rm:2F1lt::~\OLKP\(,8C{)7.doc
ORDINANCE NO. ~O?\\O~
~G~~
AN ORDINANCE OF THE CITY OF CIDJ:~O ~1
AMENDING CHAPTER 15.10 OF ~~EA VISTA
MUNICIPAL CODE ADOPTING THE CALIFORNIA
REFERENCED STANDARDS CODE, 2007 EDITION
The City Council of the City of Chula Vista does ordain as follows:
SECTION L That Chapter 15.10 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Chapter 15.10
REFERENCED STANDARDS CODE
Sections:
15.10.010 California Referenced Standards Code, 2007 Edition, adopted by reference.
15.10.010 California Referenced Standards Code, 2007 Edition, adopted by
reference.
There is hereby adopted by reference the California Referenced Standards Code,
know as California Code of Regulations, Title 24 part 12, 2007 Edition, excluding Chapter
12-1 Administration of that document, as copyrighted by the California Building Standards
Commission. Said document is hereby adopted as the Referenced Standards Code of the
City of Chula Vista, excluding Chapter 12-1, for the purpose of providing minimum
standards to safeguard life or limb, health, property and public welfare by regulating and
controlling the design, construction, quality of materials, certain equipment, use and
occupancy, location and maintenance of all buildings and structures within the City of
Chula Vista Municipal Code Chapter 15.06 shall serve as the administrative,
organizational and enforcement rules and regulations for this Chapter.
SECTION II. EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after fmal passage.
Presented by
Approved as to form by
James Sandoval
Director of Planning and Building
.J~ ()h~t
Ann Moore
City Attorney
2,--28
Ordinance No.
Page 2
Brad Remp, C.B.O
Assistant Director/Building Official
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ORDINANCE NO. 0...1
p.,OOP1\ I'
AN ORDINANCE OF THE CITY OF CHlJ1A.I?<~\~G ~O
AMENDING CHAPTER 15.16 OF THE ~'\1ISTA
MUNICIPAL CODE ADOPTING THE CALIFORNIA
MECHANICAL CODE, 2007 EDITION
The City Council of the City of Chula Vista does ordain as follows:
SECTION I. That Chapter 15.16 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Chapter 15.16
MECHANICAL CODE*
Sections:
15.16.010 California Mechanical Code, 2007 Edition, adopted by reference.
* For statutory authority for cities to adopt codes by reference, see Gov. Code ~ 50022.1,
et seq.; for statutory adoption of building codes and other codes to apply as housing
construction regulations throughout the state, see Health and Safety Code ~ 17922.
15.16.010 California Mechanical Code 2007 Edition adopted by
reference.
There is hereby adopted by reference the California Mechanical Code, 2007
Edition, known as the California Code of Regulations, Title 24, Part 4, and Appendix A
thereof as copyrighted by the International Association of Plumbing and Mechanical
Officials and the California Building Standards Commission. Said document is hereby
adopted as the Mechanical Code of the City ofChula Vista, providing for and regulating
the complete installation and maintenance of heating, ventilation, cooling and
refrigeration systems within the City. Municipal Code Chapter 15.06 shall serve as the
administrative, organizational and enforcement rules and regulations for this Chapter.
SECTION II. EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after final passage.
Presented by
Approved as to form by
~~ tL~~1J
Ann Moore
City Attorney
James Sandoval
Director of Planning and Building
2730
Ordinance No.
Page 2
Brad Remp, C.B.O
Assistant Director/Building Official
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2-31
,
ORDINANCE NO. \'O~
f>DO~\ \
AN ORDINANCE OF THE CITY OF CHULA VISJtt...O\~() ~O
AMENDING CHAPTER 15.24 OF THE C.IiWJOO~lj'~-
MUNICIPAL CODE ADOPTING THE rnlFORNIA
ELECTRICAL CODE, 2007 EDITION
The City Council of the City ofChula Vista does ordain as follows:
SEcnON I. That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended
to read as follows:
. Chapter 15.24
ELECTRICAL CODE *
Sections:
15.24.010
15.24.035
15.24.040
15.24.045
15.24.050
15.24.055
15.24.060
California Electrical Code, 2007 Edition, adopted by reference.
Previously used materials.
Repealed.
Disl1ibution panels - Separate required when.
Circuit cards to be posted when.
Electric fences - Defined - Prohibited.
Phase arrangement - Amended.
'" For statutory provisions exempting electrical contractors from licensing under an
electrical repairman's statute. see Bus. and Prof Code S 9804. For statutory provisions
authorizing cities to regulate the materials used in wiring stmctures for electricity and in
piping them for water, gas or electricity, and to regulate the matmer of such piping, see
Gov. Code S 38660.
15.24.0 10 California Electrical Code 2007 Edition, adopted by reference.
There is hereby adopted by reference the California Electrical Code, 2007 Edition,
known as the California Code of Regulations Title 24, Part 3, as copyrighted by the
National Fire Protection Association and the Califomia Building Standards Commission.
Said document is hereby adopted as the Electrical Code of the City of Chula Vista
regulating the installation, repair, operation and maintenance of all electrical wiring and
electrical apparatus of any nature whatsoever, whether inside or outside of any building
within the City, excepting such portions as are hereinafter deleted, modified, or amended.
Municipal Code Chapter 15.06 shall serve as the administrative, organizational at1d
enforcement rules and regulations for this Chapter.
15.24.035 Previously used materials.
Previously used materials shall not be reused in any work without approval by the
Building Official.
2-32
Ordinance No.
Page 2
15.24.045 Distribution panels - Separate required when.
Each store in a store building. each flat in a flat building, and each building used as
a dwelling shall be so wired that each store, apartment, flat or dwelling shall have separate
lighting and/or power distribution panels. Such panels shall not serve other portions of the
building. Hotels, motels, hotel apartments and similar types of buildings may be wired
Irom one or more distribution panels.
15.24.050 Circuit cards to be posted when.
When requested by the Building Official, a complete schedule of circuits showing
the number, kind and capacity of each outlet on each circuit shall be posted on each job
Pl'ior to rough inspection.
15.24.055 Electric fences - Defined - Prohibited.
A. As used herein, the term electric fence includes all fences which in any way use
electrical energy as an additional detelTent or have wires charged with electricity which are
not covered with adequate insulation to protect persons and animals coming in contact
therewith.
B. No electric fence may be constructed, maintained or operated within the city.
15.24.060 Phase Arrangement - Amended.
Section 408.3 (E) of the Califomia Electrical Code is hereby amended to read:
Philse AlTimgement. The phase an"ungel1lent on tlu"ee-phase buses shall be A, B, C from
ti'ont to back, top to bottom. or left to right, as viewed ti'om the front of the switchboard or
panelboard. The C phase shall be that phase having the higher voltage ground on three-
phase. four-wire de\ta-cOImected systems. Other busbar arrangements may be permitted for
additions to existing installations and shall be marked.
SECTION II. FINDINGS AND DECLARATION.
The City Council ofthe City ofChula Vista specifically and expressly finds and declares
that each of the amendments noted above to the 2007 Edition of the Califomia Building
Code is necessary due to local climatic, geological and topographical conditions.
SECTION III. EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after final passage.
Presented by
Approved as to form by
(."\DllClIlllenb and S\:':ttings\~lisuc\Local Settillgs\T~l1lporary lnt2-m:G'3=s\OLKF\CElectC07.doc
,
Ordinance No.
Page 3
Jim Sandoval
Director of Plmming and Building
,~!U~
Ann Moore ~
City Attorney
Brad Remp, C.B.O
Assistant Director/Building Official
('.\[l(u':u1l1el1ls and Setlillgs\e\isuc\Lm:al Settl11gs\T~mpl1l"ary In2~e$\OLKF\CElectC07.Joc
p.S)O?i\O~
ORDINANCE NO. D ",~"'D\~G ",~D
c.tCO~
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.28 OF THE CHULA VISTA
MUNICIPAL CODE ADOPTING THE CALIFORNIA
PLUMBING CODE, 2007 EDITION
The City Council of the City ofChula Vista does ordain as follows:
SECTION I. That Chapter 15.28 of the Chula Vista Municipal Code is hereby
amended to read as follows:
Chapter 15.28
PLUMBING CODE *
Sections:
15.28.010 California Plumbing Code, 2007 Edition, adopted by reference.
Prior legislation: Prior code SS 23.3 and 23.9; Ords. 779, 1332, 1748, 1917,
2156,2343,2506,2508,2639 and 2646.
15.28.010 California Plumbing Code, 2007 Edition, adopted by reference.
There is hereby adopted by reference the California Plumbing Code, 2007
Edition, known as the California Code of Regulations, Title 24, Part 5, and
Appendices A, B, D and I of that document as copyrighted by the International
Association of Plumbing and Mechanical Officials and the California Building
Standards Commission. Said document is hereby adopted as the plumbing code of the
city of Chula Vista for regulating the complete installation, maintenance and repair of
plumbing, drainage systems, water systems, gas systems, and private sewage disposal
systems on all properties and within all buildings and structures in the city. Municipal
Code Chapter 15.06 shall serve as the administrative, organizational and enforcement
rules and regulations for this Chapter.
SECTION II. EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after final passage.
Presented by
Approved as to form by
James Sandoval
Director of Planning and Building
~J~ t1- /~ A.rv
Ann Moore /I
City Attorney
2-3.5
Ordinance No.
Page 2
Brad Remp, C.B.O
Assistant Director/Building Official
H:\BLD_HSG\2007 Codes Adoption\Final DraftICPC07.doc 2-36
-~
ORDINANCE NO. "'<:1 [>.NO [>.OO?i\O~
Ot\.~il-O\'"
AN ORDINANCE OF THE CITY OF C~OSlSTA
AMENDING CHAPTER 15.36 OF THE CHULA VISTA
MUNICIPAL CODE ADOPTING THE CALIFORNIA
FIRE CODE, 2007 EDITION
The City Council of the City ofChula Vista does ordain as follows:
SECTION 1. That Chapter 15.36 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Sections:
15.36.010
15.36.025
15.36.030
15.36.035
15.36.040
15.36.045
15.36.050
15.36.055
Chapter 15.36
FIRE CODE
California Fire Code, 2007 Edition, adopted by reference.
Operational permit for Christmas tree lots.
Operational permit for waste handling.
Violation penalties.
Failure to comply provisions.
Definitions for Chief of the Bureau of Fire Prevention, Fire Department,
Fire Authority Having Jurisdiction, Fire Hazard and Fire Service Features.
Fire service features -- Where required.
Fire hydrant spacing.
15.36.010 California Fire Code, 2007 Edition, adopted by reference.
There is hereby adopted by reference the California Fire Code, 2007 Edition,
known as the California Code of Regulations, Title 24 part 9, including Appendix Chapter
1, and Appendix B through H is as copyrighted by the International Code Council, and the
California Building Standards Commission. Said document is hereby adopted as the Fire
Code of the City of Chula Vista, prescribing the regulations governing conditions
hazardous to life and property from fire or explosion, and each and all such regulations,
provisions, penalties, conditions and terms of said California Fire Code are hereby referred
to, adopted and made a part hereof as though fully set forth herein, excepting such portions
as are hereinafter deleted, modified or amended as set forth in this chapter.
15.36.025 Operational permit for Christmas tree lots.
Appendix Chapter 1 - Subsection 105.6.5.1 Christmas tree lots is hereby added to
the Fire Code portion of the California Building Standards Code to read as follows:
Subsection 105.6.5.1 Christmas tree lots. To operate a Christmas tree lot with or without
flame proofing services.
15.36.030 Operational permit for waste handling.
Appendix Chapter 1 - Subsection 105.6.45 Waste handling of the Fire Code portion
of the California Building Standards Code is hereby revised to read as follows:
H:\BLD_HSGI2007 Codes AdoptionlFinal Draft\Chapter lS_3'f..!:'gl'7' final.doc
Subsection 105.6.45 Waste handling. An operational permit is required for the operation of
wrecking yards, junk yards and waste material-handling facilities (green waste recycling,
mulching, composting operations and storage).
15.36.035 Violation penalties.
Appendix Chapter 1 - Subsection 109.3 Violation penalties of the Fire Code portion
of the California Building Standards Code is hereby revised to read as follows:
Subsection 109.3 Violation penalties. Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or who shall erect, install, alter,
repair or do work in violation of the approved construction documents or directive of the
fire code official, or of a permit or certificate used under provisions of this code, shall be
guilty ofa misdemeanor, punishable by a fine of not more than the greater of$I,OOO dollars
or as established by the City of Chula Vista Policy and Procedures Manual for Civil
Penalties or by imprisonment not exceeding six (6) months, or both such fine and
imprisonment. Each day that a violation continues after due notice has been served shall be
deemed a separate offense.
15.36.040 Failure to comply provisions.
Appendix Chapter 1 - Subsection 111.4 Failure to comply of the Fire Code portion
of the California Building Standards Code is hereby revised to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be subject to a fine of not less than $250.00 dollars or
more than $1,000 dollars.
15.36.045 Definitions for Chief of the Bureau of Fire Prevention, Fire
Department, Fire Authority Having Jurisdiction, Fire Hazard and Fire
Service Features.
Chapter 2 DefInitions - Section 202 is hereby added to the Fire Code portion of the
California Building Standards Code to read as follows:
"Chief of the Bureau of Fire Prevention" means Fire Marshal.
"Fire Department" means any regularly organized fire department, fire protection district,
a legally formed volunteer fire department recorded with the County of San Diego, or
Fire Company regularly charged with the responsibility of providing fire protection to the
jurisdiction.
"Fire Authority Having Jurisdiction (F AHJ)" means the designated entity providing
enforcement of fire regulations as they relate to planning, construction and development.
This entity may also provide fire suppression and other emergency services.
"Fire Hazard" means anything that increases or could cause an increase of the hazard or
menace of fire to a greater degree than customarily recognized as normal by persons in
the public service regularly engaged in preventing, suppressing or extinguishing fire or
any thing or act which could obstruct, delay, hinder or interfere with the operations of the
fire department or egress of occupants in the event of fire.
H;\BLD_HSG\2007 Codes Adoption\Final Draft\Chapter lS_3r:.J!! - fmal.doc
"Fire Service Features" is a general term inclusive of all other terms such as driveway,
fire lane, public street, private street, parking lot, lane and access roadway.
15.36.050 Fire service features - Where required.
Chapter 5 Fire Service Features - Subsection 508.5.1 of the Fire Code portion of the
California Building Standards Code is hereby revised to read as follows:
Subsection 508.5.1 Where required. Where a portion of a facility or building hereafter
constructed or moved into or within the jurisdiction is more than 150 feet from a hydrant
on a fire apparatus access road, as measured by an approved route around the exterior of
the facility or building, on-site fire hydrants and mains shall be provided where required
by the fITe code official.
Exceptions: 1. For Group R-3 and Group U occupancies, the distance requirement shall be
250 feet.
15.36.055 Fire hydrant spacing.
Chapter 5 Fire Service Features - Subsection 508.5.1.1 is hereby added to the Fire
Code portion of the California Building Standatds Code to read as follows:
Subsection 508.5.1.1 Water supplies and fITe hydrants. In multi-family zones and in
commercial and industrial zones, fire hydrants shall be installed at intersections, at the
beginning radius of cul-de-sacs, and every 300 feet (on-center) of fire access roadways,
regardless of parcel size. In single-family zones, fire hydrants shall be installed every 500
feet (on-center).
SECTION II. FINDINGS AND DECLARATION
The City Council of the City of Chula Vista specifically and expressly finds and declates
that each of the additions and amendments noted above to the 2007 Edition of the
California Fire Code is necessary due to local climatic, geological and topographical
conditions.
SECTION III. EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after [mal passage.
Submitted by:
Approved as to form by:
,-t!~!L ./' ~ ~
Ann Moore
City Attorney
Douglas A. Perry
Fire Chief
H:\BLD_HSG\2007 Codes Adoption\Final Draft\Chapter 15_3~~- final.doc
CITY COUNCIL
AGENDA STATEMENT
,~u...
~~~ CITY OF
, --: (HULA VISTA
DECEMBER 4,2007, Item 3
ITEM TITLE:
A. COUNCIL RESOLUTION Resolution of the City Council of the City of
Chula Vista authorizing the dissolution of the
Community Development Department and the
transfer of Community Development's
Administration, Economic Development, and
Planning functions to the Redevelopment Agency,
Administration Department, and Planning and
Building Department respectively
B. COUNCIL RESOLUTION Resolution of the City Council of the City of
Chula Vista approving the merging of the General
Services and Engineering departments into the new
Engineering and General Services Department, the
transfer of the Environmental Management, Traffic
Operations, and Landscape Inspection programs
from Engineering and General Services to Public
Works, the transfer of Fleet Operations from Public
Works to the Engineering and General Services
Department, and change the name of the Public
Works Operations department to Public Works
C. COUNCIL RESOLUTION Resolution of the City Council of the City of
Chula Vista approving the establishment of the
following new position classifications: Director of
Redevelopment and Housing, Assistant Director of
Redevelopment and Housing, Redevelopment and
Housing Manager, Principal Economic Development
Specialist, Senior Economic Development
Specialist, Principal Project Coordinator, Senior
Project Coordinator, Project Coordinator II, Project
Coordinator I, Director of Engineering and General
Services, Assistant Director of Engineering and
General Services/City Engineer, Director of Public
Works, and Assistant Director of Public Works
3-1
DECEMBER 4, 2007, Item 3
Page 2 of 7
D. COUNCIL ORDINANCE Ordinance of the City of Chula Vista Amending
Chula Vista Municipal Code Section 2.05.010
Relating to the Establishment of Unclassified
Positions to Add the following titles - Assistant
Director of Redevelopment and Housing,
Redevelopment and Housing Manager, Assistant
Director of Engineering and General Services/City
Engineer, Assistant Director of Public Works as well
as the deletion of the following titles - Assistant
Director of Community Development, Assistant
Director of Public Works and Operations, and
Housing Manager
SUBMITTED BY:
C-}
Assistant City Manager, Scott Tulloch ,
REVIEWED BY:
City Manager
ITEMS A, B, C
ITEM D
4/5THS VOTE: YES 0 NO
4/5THS VOTE: YES 0" NO
0"
o
In order to achieve cost savings and improve efficiency, staff is recommending the
reorganization of the development and maintenance services departments, which
will result in the elimination of 9 positions at an estimated annual savings of $1.2
million. These reorganizations were presented to Council at the November 1
Budget Workshop.
RECOMMENDATION
That the City Council approves the resolutions and ordinance and thereby:
o Authorize the dissolution of the Community Development Department and
the transfer of Community Development's Administration, Economic
Development, and Planning functions to the Redevelopment Agency,
Administration Department, and Planning and Building Department
respectively;
o Approve the reorganization of the General Services, Engineering, and
Public Works departments, the establishment of the Engineering and
General Services Department, the transfer of the Environmental
Management, Traffic Operations, and Landscape Inspection programs from
General Services and Engineering to Public Works, the transfer of Fleet
Operations from Public Works to the Engineering and General Services
Department, and change the name of the Public Works Operations
department to Public Works
o Approve the new job classifications and title changes as detailed in
Attachment A (Title changes only - no changes in salary recommended)
3-2
DECEMBER 4,2007, Item 3
Page 3 of7
o Amend Municipal Code Section 2.05.010 relating to the establishment of
unclassified positions to reflect the addition of the following titles - Assistant
Director of Redevelopment and Housing, Redevelopment and Housing
Manager, Assistant Director of Engineering and General Services/City
Engineer, Assistant Director of Public Works, as well as the deletion of the
following titles - Assistant Director of Community Development, Assistant
Director of Public Works and Operations, and Housing Manager
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
I n an effort to streamline operations and generate cost savings, staff is
recommending two major departmental reorganizations. The proposed
reorganizations include the dissolution of the Community Development
Department and the transfer of the majority of the Community Development staff
to the Redevelopment Agency. The proposed changes also include merging
General Services and Engineering into a single department with some additional
program transfers with Public Works.
At this time staff is recommending that Council approve the reorganizations as
detailed below allowing for the operational transfer of programs; the budget
amendments associated with these reorganizations will be incorporated into the
fiscal year 2009 budget.
Reorganization of the Community Development Department
With the adoption of the fiscal year 2007-08 budget, 11 positions were transferred
from Community Development to the Redevelopment Agency and Housing
Authority in order to more transparently reflect the staffing and budget of those
agencies. This change left 13 staff positions in the Community Development
Department in three major functional areas - Administration, Planning, and
Economic Development. Staff is recommending the dissolution of the Community
Development Department and the transfer of those functions to the
Redevelopment Agency, Planning and Building Department, and the
Administration Department respectively.
Several key benefits will result from the reorganization of the Community Development
Department.
. The consolidation of staff and responsibilities into the Redevelopment
Agency and Housing Authority will:
o Provide clarity around roles and responsibilities, thereby reducing
public confusion
3-3
DECEMBER 4,2007, Item .3
Page 4 of 7
o Focus on redevelopment and affordable housing activities
o Allow greater control over budgeted revenues and expenditures
o Generate cost savings from the elimination of the Redevelopment
Projects Manager
o Allow the Agency to be established in a manner where it will not be
funded by, or through, the General Fund
o The Director of the Agency will not be recruited at this time, allowing
for increased salary savings
. The consolidation of the Community Development Planning function into the
Planning and Building Department will eliminate duplication of efforts and
reduce public confusion on roles and responsibilities
. The transfer of Economic Development staff from the Community
Development Department to the City Manager's Office to report to the
Economic Development Officer will improve clarity on important economic
development activities
The following table summarizes the proposed staffing changes and new titles for
the positions currently in the Community Development Department:
CD Program ' Current Position New Department Proposed Titre
Director of Community Redevelopment Director of
Administration Deveiopment Agency and Housing Redevelopment and
Authoritv Housino
Senior Administrative Redevelopment
Administration Secretary Agency and Housing No change in title
Authoritv
Senior Management Redevelopment
Administration Analyst Agency and Housing No change in title
Authority
Redevelopment
Administration Senior Secretary Agency and Housing No change in title
Authoritv
Redevelopment
Administration Senior Secretary Agency and Housing No change in title
Authority
Economic Assistant Director of Redevelopment Assistant Director of
Development Community Agency and Housing Redevelopment and
Develooment Authority Housino
Community Redevelopment
CD Planning Development Agency and Housing Project Coordinator /I
Soecialist /I Authority
Economic Principal Community Principal Economic
Development Development Administration Development
Soecialist Soecialist
Economic Senior Community Senior Economic
Development Administration Development
Development Soecialist Soecialist
Administration SecretarY Position to be eliminated
3-4
DECEMBER 4,2007, Item '3
Page 5 of 7
CD Plannino Plannino Manaoer Position to be eliminated
Senior Community
CD Planning Development Planning & Building Senior Planner
Specialist
Senipr Community
CD Planning Deveiopment Position to be eliminated
Specialist
CD Planninp Planninp Manaper Position to be eliminated
In addition, staff is also recommending the following title changes and eliminations
currently in the Redevelopment Agency and Housing Authority.
Current title . . . Proposed titre . .
Redevelo ment and Housin Mana er
Princi al Pro' ect Coordinator
Senior Pro'ect Coordinator
Pro"ect Coordinator II
Pro' ect Coordinator I
Position to be eliminated
The reorganization of the Community Development department will result in the
elimination of four positions - Redevelopment Projects Manager, Planning
Manager, Secretary, and Senior Community Development Specialist. The savings
for the elimination of these positions were included as part of the budget reduction
plan presented to Council at the November 1 Budget Workshop. The estimated
annual savings resulting from the reorganization of the Community Development
Department totals $538,000.
Please refer to Attachment B for an organization chart of the proposed changes to
the Redevelopment and Housing Authority resulting from this reorganization.
Reorganization of General Services/Engineering/Public Works
With the promotion of the Director of Engineering to Assistant City Manager, the
Development and Maintenance Services Departments were evaluated for
opportunities to operate more efficiently and reduce expenditures. To that end,
several changes have been informally made. Since late August, the Engineering
and General Services Departments have been operating as a single department.
The proposed reorganization of General Services, Engineering, and Public Works
will result in the following changes:
. The General Services and Engineering departments will be merged into a
single department titled Engineering and General Services Department. The
newly created Engineering and General Services Department will consist of the
following three major divisions: .
3-5
DECEMBER 4,2007, Item 21
Page 6 of 7
o Engineering Division - responsible for Survey, Land Development
Engineering, Infrastructure Design and Regional Transportation
o Advanced Planning and Business Services Division - consisting of
Community Initiatives (Safe Routes to School, Neighborhood Traffic
and Pedestrian Safety), Local Traffic Engineering, Infrastructure
Planning, Wastewater Engineering, Special District Formation and
Administration, Strategic Planning, and Performance Measurement
o Operations Division includes Custodial Services, Building
Maintenance, Animal Control and Shelter Operations, Fleet
Maintenance and Electronic Support.
. The Environmental Management, Traffic Operations, and Landscape
Inspection programs will be transferred from the Engineering and General
Services Department to Public Works
. The management of Fleet Operations will be transferred from Public Works
to Engineering and General Services Department
. The renaming of the Public Works Operations department to the Public
Works department
Please refer to Attachment B for an organization chart of the new Engineering and General
Services Department.
The reorganization of the General Services, Engineering, and Public Works departments
will result in the elimination of five positions including the Director of Engineering, which has
been frozen since the departments were informally reorganized. The other positions staff
is recommending for elimination are an Administrative Secretary, a Secretary, a Principal
Management Analyst, and a Principal Civil Engineer. The elimination of these five
positions has been included in the list of budget reduction proposals at an anticipated
annual savings of approximately $675,000.
Staff is also recommending four title changes resulting from this reorganization -these are
title changes for existing positions and do not involve any changes in salary.
"Current Titre "", , , Irroposed Titfe . w;\ . . FTE
.
Director of Engineering and General 1
Director of General Services Services
Assistant Director of Engineering and 1
Deouty Director of General Services General Servioesl City EnQineer
Director of Public Works Ooerations Director of Public Works 1
Assistant Director of Public Works Ooerations Assistant Director of Public Works 1
3-6
DECEMBER 4,2007, Item 3
Page 7 of 7
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 reorganization of the development and maintenance departments will result in
the elimination of nine positions at an estimated annual savings of $1.2 million.
The savings resulting from these positions were included in the budget reduction
proposal plan that was considered by Council at the November 1 Budget
Workshop. As mentioned previously approval of tonight's resolutions will result in
the operational transfer of programs and the associated budget transfers will be
incorporated into the proposed fiscal year 2008-2009 budget.
Attachments:
A. Summary of proposed staffing changes
B. Organizational chart of the Redevelopment Agency and Housing Authority
C. Organizational chart of the Engineering and General Services Department
3-7
Attachment A
Proposed Title Changes
(Title changes only - no change in salary or bargaining group)
Current Title " Proposed Title Department
Director of Community
Develo ment
Assistant Director of
Community Development
Housing Manager
Principal Community
Develo ment S ecialist
Senior Community
Develo ment S ecialist
Community Development
S ecialist II
Community Development
S ecialist I
Principal Community
Develo ment S ecialist
Senior Community
Develo ment S ecialist
Senior Community
Develo ment S ecialist
Director of General
Services
Deputy Director of General
Services
Director of Public Works
o erations
Assistant Director of Public
Works 0 eration
Director of Redevelopment
and Housin
Assistant Director of
Redevelopment and
Housin
Redevelopment and
Housin Mana er
Principal Project
Coordinator
Senior Project Coordinator
Project Coordinator II
Project Coordinator I
Principal Economic
Develo ment S ecialist
Senior Economic
Development S ecialist
Senior Planner
Director of Engineering and
General Services
Assistant Director of
Engineering and General
Services/Ci En ineer
Director of Public Works
Assistant Director of Public
Works
3-8
Redevelopment Agency
and Housing Authority
Administration Department
Administration Department
Planning and Building
De artment
Engineering and General
Services De artment
Engineering and General
Services Department
Public Works
Public Works
Treasurer (Finance Director)
c..>
I
co
Management Analyst
Secretary
Fiscal Specialist
Senior Project Coordinator
Project Coordinator 1/11
Secretary
REDEVELOPMENT AGENCY
AND
HOUSING AUTHORITY
Agency Board (City Council)
Executive Director (City Manager)
Director of Redevelopment and Housing
Authority (CEO of CVRC)
Deputy Director
Redevelopment and Housing Manager
Principal Project Coordinator
Principal Project Coordinator
Senior Project Coordinator
Senior Project Coordinator
Project Coordinator 1/11
Project Coordinator 111I
Senior Project Coordinator
Project Coordinator 111I
~
-
III
(')
::T
3
C1l
::>
-
lD
Engineering and General Services Department
I
Asst:. OiL/City Engineer
Engineering Division
Director
I
I
Assistant Director
Operations Division
I
Assistant Director
Project Development
and Business Division
w
I
.....
o
Custodial Services
Construction and Repair
City Facility Energy
Efficiency
Regional Transportation
Infrastructure Asset Mgmt.
VVaste~at:er Engineering
Legislation/Funding
~
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()
::T
3
ell
:J
~
o
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE DISSOLUTION OF
THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE TRANSFER OF COMMUNITY DEVELOPMENT'S
ADMINISTRATION, ECONOMIC DEVELOPMENT, AND
PLANNING FUNCTIONS TO THE REDEVELOPMENT
AGENCY, ADMINISTRATION DEPARTMENT, AND
PLANNING AND BUILDING DEPARTMENT,
RESPECTIVELY
WHEREAS, the dissolution of the Conununity Development Department and the transfer
of Conununity Development's Administration, Economic Development and Planning functions
to the Redevelopment Agency, Administration Department, and Planning and Building
Department will result in streamlined operations and cost savings; and
WHEREAS, this reorganization will allow for the elimination of four positions that will
result in estimated annual savings of$538,000; and
WHEREAS, the consolidation of staff and responsibilities of the Conununity
Development Department into the Redevelopment Agency and Housing Authority will allow
staff to focus on redevelopment and affordable housing activities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the dissolution of the Community Development Department and the
transfer of Community Development's Administration, Economic Development, and Planning
functions to the Redevelopment Agency, Administration Department, and Planning and Building
Department, respectively.
Presented by
Approved as to form by
Scott Tulloch
Assistant City Manager
~~~~\
Ann Moore
City Attorney
J:\Attorncy\RESO\HR\Reorg.l_12-04-07.doc
3-11
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MERGING OF THE
GENERAL SERVICES AND ENGINEERING DEPARTMENTS
INTO THE NEW ENGINEERING AND GENERAL SERVICES
DEPARTMENT, THE TRANSFER OF THE
ENVIRONMENTAL MANAGEMENT, TRAFFIC
OPERATIONS, AND LANDSCAPE INSPECTION PROGRAMS
FROM ENGINEERING AND GENERAL SERVICES TO
PUBLIC WORKS, THE TRANSFER OF FLEET OPERATIONS
FROM PUBLIC WORKS TO THE ENGINEERING AND
GENERAL SERVICES DEPARTMENT, AND CHANGE THE
NAME OF THE PUBLIC WORKS OPERATIONS
DEPARTMENT TO PUBLIC WORKS
WHEREAS, the development and maintenance services departments were evaluated for
opportunities to operate more efficiently and reduce expenditures; and
WHEREAS, merging of the Engineering and General Services into a single department
will create a single department comprised of three major divisions - Engineering, Advanced
Planning and Business Services, and Operations; and
WHEREAS, this reorganization will allow for the elimination of five positions that will
result in estimated annual savings of $675,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the merging of the General Services and Engineering departments
into the new Engineering and General Services Department, the transfer of the Environmental
Management, Traffic Operations, and Landscape Inspection programs from Engineering and
General Services to Public Works, the transfer of Fleet Operations from Public Works to the
Engineering and General Services Department, and change the name of the Public Works
Operations Department to Public Works.
Presented by
Approved as to form by
~~\'l~~~~
Ann Moore
City Attorney
Scott Tulloch
Assistant City Manager
J:\AttorneyIRESOIHRIReorg.l_12-04-07.doc
3-12
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ESTABLISHMENT OF THE
FOLLOWING NEW POSITION CLASSIFICATIONS:
DIRECTOR OF REDEVELOPMENT AND HOUSING,
ASSISTANT DIRECTOR OF REDEVELOPMENT AND
HOUSING, REDEVELOPMENT AND HOUSING MANAGER,
PRINCIPAL ECONOMIC DEVELOPMENT SPECIALIST,
SENIOR ECONOMIC DEVELOPMENT SPECIALIST,
PRINCIPAL PROJECT COORDINATOR, SENIOR PROJECT
COORDINATOR, PROJECT COORDINATOR II, PROJECT
COORDINATOR I, DIRECTOR OF ENGINEERING AND
GENERAL SERVICES, ASSISTANT DIRECTOR OF
ENGINEERING AND GENERAL SERVICES/CITY
ENGINEER, DIRECTOR OF PUBLIC WORKS, AND
ASSISTANT DIRECTOR OF PUBLIC WORKS
WHEREAS, as part of the reorganizations staff reviewed pOSItion titles and IS
recommending that a number be changed to reflect current responsibilities; and
WHEREAS, the proposed new classifications are title changes only, there are no salary
or bargaining group changes recommended; and
WHEREAS, the Director of Human Resources has reviewed all the proposed title
changes to ensure they conform to the City's classification plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the establishment of the following new position classifications:
Director of Redevelopment and Housing, Assistant Director of Redevelopment and Housing,
Redevelopment and Housing Manager, Principal Economic Development Specialist, Senior
Economic Development Specialist, Principal Project Coordinator, Senior Project Coordinator,
Project Coordinator II, Project Coordinator I, Director of Engineering and General Services, and
Assistant Director of Engineering and General Services/City Engineer, Director of Public Works,
and Assistant Director Public Works.
Presented by
Approved as to form by
~'Y..,{~~\<\~~,
Ann Moore
City Attorney
Scott Tulloch
Assistant City Manager
J:\Atlomey\RESQ\HR\Reorg.J _12-04-07.doc
3-13
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING.
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED
POSITIONS TO ADD THE FOLLOWING TITLES
ASSISTANT DIRECTOR OF REDEVELOPMENT AND
HOUSING, REDEVELOPMENT AND HOUSING MANAGER,
ASSISTANT DIRECTOR OF ENGINEERING AND GENERAL
SERVICES/CITY ENGINEER, AND ASSISTANT DIRECTOR
OF PUBLIC WORKS, AS WELL AS THE DELETION OF THE
FOLLOWING TITLES ASSIST ANT DIRECTOR OF
COMMUNITY DEVELOPMENT, ASSISTANT DIRECTOR OF
PUBLIC WORKS AND OPERATIONS, AND HOUSING
MANAGER
WHEREAS, the Human Resources Department has reclassified positions to better reflect
the needs of the City's workforce; and
WHEREAS, Charter Section 500(a) requires that all new unclassified management level
positions be adopted by ordinance and a four-fifths vote of the Council.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended as
follows:
2.05.010
Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the
Charter of the City, there are established the unclassified positions entitled Administrative
Services Manager, Advanced Planning Manager, Animal Control Manager, Assistant Chief of
Police, Assistant Director of Budget and Analysis, Assistant Director of Building and Housing,
Assistant Director of Engineering and General Services/City Engineer, Assistant Director of
Finance, Assistant Director of Human Resources, Assistant Director of Planning, Assistant
Director of Public Works, Assistant Director of Recreation, Assistant Director of Redevelopment
and Housing, Assistant Library Director, California Border Alliance Group (CBAG) Deputy
Executive Director, CBAG Director - SD LECC, CBAG Administrative Analyst I, CBAG
Administrative Analyst II, CBAG Analyst, CBAG Budget Manager, CBAG Executive Assistant,
CBAG Executive Director, CBAG Graphics Designer/Webmaster, CBAG Lead Programmer
Analyst, CBAG Management Assistant, CBAG Methamphetamine Strike Force Coordinator,
CBAG Microcomputer Specialist, CBAG Network Administrator I, CBAG Network
Administrator II, CBAG Network Manager, CBAG Program Analyst, CBAG Program Manager,
CBAG Regional Computer Forensic Laboratory Network Engineer, Chief Learning Officer,
Chief of Staff, City Engineer, Coastal/Environmental Policy Consultant, Community Relations
Manager, Constituent Services Manager, Cultural Arts & Fund Development Manager, Deputy
Building Official, Building Services Manager, Deputy City Manager, Deputy Director of
Engineering, Deputy Director of General Services, Deputy Director of Planning, Deputy Fire
J:\Altomey\Ordinance\ReorlLUnclassified Positions (clean copyofredline)_\2-04-07,doc 3 -1 4
Ordinance No.
Page 2
Chief, Development Planning & Improvement Manager, Development Planning Manager,
Director of Budget and Analysis, Director of Communications, Director of Conservation and
Environmental Services, Economic Development Officer, Energy Services Manager, Executive
Director of the Redevelopment Agency/CEO of the CYRC, Fiscal Operations Manager,
Government Relations Liaison, Grants Development Manager, Human Resources Operations
Manager, Office Specialist (Mayor's Office), Parks and Open Space Manager, Planning
Manager, Police Captain, Purchasing Agent, Real Property Manager, Redevelopment and
Housing Manager, Redevelopment Manager, Risk Manager, Senior Council Assistant, Traffic
Engineer, Transit Coordinator, Transit Manager, Treasury Manager.
SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption.
Submitted by:
Approved as to form by:
Scott Tulloch
Assistant City Manager
6rll,r ,",,\\ ~\\
Ann Moore
City Attorney
J:\AltomeyIQrdinanceIReQrg_Unclassificd Posilions (clean copy ofredlineLI2-04-07.doc 3 -1 5
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED
POSITIONS TO ADD THE FOLLOWING TITLES
ASSISTANT DIRECTOR OF REDEVELOPMENT AND
HOUSING, REDEVELOPMENT AND HOUSING MANAGER.
ASSISTANT DIRECTOR OF ENGINEERING AND GENERAL
SERVICES/CITY ENGINEER, AND ASSISTANT DIRECTOR
OF PUBLIC WORKS. AS WELL AS THE; MID TO
DELETIONE OF THE FOLLOWING TITLES - ASSISTANT
DIRECTOR OF COMMUNITY DEVELOPMENT~ /\..ND
ASSISTANT DIRECTOR OF PUBLIC WORKS AND
OPERATIONS. AND HOUSING MANAGER
WHEREAS, the Human Resources Department has reclassified positions to better reflect
the needs of the City's workforce; and
WHEREAS, Charter Section 500(a) requires that all new unclassified management level
positions be adopted by ordinance and a four-fifths vote of the Council.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended as
follows:
2.05.010
Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the
Charter of the City, there are established the unclassified positions entitled Administrative
Services Manager, Advanced Planning Manager, Animal Control Manager, Assistant Chief of
Police, Assistant Director of Budget and Analysis, Assistant Director of Building and Housing,
.'\..ssistant Director of Community Deyelopment, Assistant Director of Engineering and General
Services/City Engineer. Assistant Director of Finance, Assistant Director of Human Resources,
Assistant Director of Planning, Assistant Director of Public Works. .'\..ssistarrt Director of Public
Works and OperatioRs, Assistant Director of Recreation, Assistant Director of Redevelopment
and Housing. Assistant Library Director, California Border Alliance Group (CBAG) Deputy
Executiye Director, CBAG Director - SD LECC, CBAG Administrative Analyst I, CBAG
Administrative Analyst II, CBAG Analyst, CBAG Budget Manager, CBAG Executive Assistant,
CBAG Executive Director, CBAG Graphics Designer/Webmaster, CBAG Lead Programmer
Analyst, CBAG Management Assistant, CBAG Methamphetamine Strike Force Coordinator,
CBAG Microcomputer Specialist, CBAG Network Administrator I, CBAG Network
Administrator II, CBAG Network Manager, CBAG Program Analyst, CBAG Program Manager,
CBAG Regional Computer Forensic Laboratory Network Engineer, Chief Learning Officer,
Chief of Staff, City Engineer, CoastallEnvironmental Policy Consultant, Community Relations
Manager, Constituent Services Manager, Cultural Arts & Fund Development Manager, Deputy
Building Official, Building Services Manager, Deputy City Manager, Deputy Director of
JlAltomevlOrdinancelReor" llnclassjfledpositions(redlinel 12_04_07.doc
3-16
Ordinance No.
Page 2
Engineering, Deputy Director of General Services, Deputy Director of Planning, Deputy Fire
Chief, Development Planning & Improvement Manager, Development Planning Manager,
Director of Budget and Analysis, Director of Communications, Director of Conservation and
Environmental Services, Economic Development Officer, Energy Services Manager, Executive
Director of the Redevelopment Agency/CEO of the CVRC, Fiscal Operations Manager,
Government Relations Liaison, Grants Development Manager, HOliGillg Manager, Human
Resources Operations Manager, Office Specialist (Mayor's Office), Parks and Open Space
Manager, Planning Manager, Police Captain, Purchasing Agent, Real Property Manager,
Redevelopment and Housing Manager. Redevelopment Manager, Risk Manager, Senior Council
Assistant, Traffic Engineer, Transit Coordinator, Transit Manager, Treasury Manager.
SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption.
Submitted by:
Approved as to form by:
Scott Tulloch
Assistant City Manager
Ann Moore
City Attorney
I J-IAttornev\Ordinance\Reor>! Uncla~~ified ?n~ition~ iredlinel 12-04-07.dnc
3-17
CITY COUNCIL
AGENDA STATEMENT
12/04/07, Item:J__
SUBMITTED BY:
RESOLUTION AUTHORIZING SUBMITTAL OF A FISCAL YEAR
2008/2009 BICYCLE TRANSPORTATION ACCOUNT GRANT
APPLICATION AND CERTIFYING THAT MATCHING FUNDS ARE
OR WILL BE AVAILABLE THEREFOR
DIRECTOR OF ENGINEERING AND GENERAL SERVICES )...9Y
DIRECTOR OF PUBLIC WORKS r 'J
CITY MANAGER A:~
ASSISTANT CIT~~GER ~
4/5THS VOTE: YES D NO [g]
ITEM TITLE:
REVIEWED BY:
BACKGROUND
The City of Chula Vista's Engineering & General Services Department and the Public Works
Department would like to submit a $135,630 Bicycle Transportation Account (BTA) grant
application to Caltrans for the FY2008-09 fiscal year in order to provide for citywide bicycle
amenities such as replacement bus-mounted bike racks, roadway signage for bicycle facilities and
for traffic signal video detection units in order to encourage alternative modes of transportation.
ENVIRONMENTAL REVIEW
The Enviromnental Review Coordinator has reviewed the proposed project for compliance with
the California Enviromnental Quality Act (CEQA) and has determined that the project qualifies
for a Class I categorical exemption pursuant to Section 153301 (c) (Existing Facilities) of the
State CEQA Guidelines because the improvements will be installed on streets and bicycle trials
that are existing facilities. Thus, no further enviromnental review is necessary.
RECOMMENDATION
That Council adopt the resolution:
. Authorizing the submittal of a FY2008-09 BT A grant application; and
. Committing matching funds therefor.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
4-1
12/04/07, ItemL
Page 2 of 5
DISCUSSION
The California Department of Transportation (Caltrans) has announced available grant funding
for FY200S-09 projects through its competitive Bicycle Transportation Account (BTA) grant
program. The intent of the program is to improve safety and convenience for bicycle commuters
in the region. The BTA grant program is available to local agencies with recently updated
Bicycle Transportation Plans, less than five-years old. The City of Chula Vista's Bikeway
Master Plan was adopted by Council in January 2005 and thus complies with the grant
requirements. A total of $7.2 million is available statewide with a maximum award for a single
project not to exceed $I.S million. The grant application deadline is December 3, 2007.
Notification of grant award is expected within the July to October 200S timeframe. Projects
must then be completed within two fiscal years after the award date. The Engineering & General
Services Department and the Public Works Operations Department would like to submit a grant
application in the amount of $135,630 for a three-component citywide bicycle facilities project.
If the grant is awarded, the proposed projects would be added into the City's Capital
Improvement Program as early as FY200S/09 or as late as FY2010/I I.
The City of Chula Vista's grant application is for a three-part bicycle facilities improvement
grant that would provide for bus-mounted bike racks, additional signage along city bike lanes
and bike routes, and upgrading the existing traffic signal detection system from inductive
pavement loops to a video system already used in other locations citywide. Video detection has
the advantage of being able to sense both bicycles and vehicles, where loop detection systems do
not register bicycles.
The project will encourage alternative modes of transportation to activity centers citywide (See
Attachment I) and make the trip as convenient as possible for bicyclists throughout the City.
With that in mind, a bicycle trip origin starts at the residence and the bicyclist would use the bike
routes, bike lanes or bike paths as identified in the City's Bikeway Master Plan (See Attachment
2).
Bike lanes typically go through signalized intersections. Unfortunately, new bicycle technology
is making detection of the bicycle more difficult at intersections that are still equipped with the
inductive loop system. This is because bicycles and their components are now being made with
lighter-weight metallic materials such as aluminum and steel and other non-metallic materials
such as carbon fiber. By retrofitting video detection systems into the traffic signal mast arms,
one video camera will replace all of the inductive loops on one approach located near the limit
line of the intersection thereby providing an overall upgrade to the intersection. Therefore, if a
bicyclist is in the curb lane or a through lane or even a left-turn lane, the video camera will
recognize that there is a "vehicle" that needs a green signal indication and the delay to the
bicyclists is minimized.
The bicyclist may then continue to a bus stop to board a bus equipped with bike racks to allow
longer trips to be made by Chula Vista Transit buses. As the final destination approaches, the
bicyclist would off-load from the bus and ride the remaining part of the trip, again using the
City's bike lanes and bike routes.
4-2
12/04/07, ItemL
Page 3 ofS
Part I - Additional Bike Lane and Bike Route signage at various locations citywide.
The first part of the project would provide signage at the locations listed below to work towards
completing the citywide bicycle facilities and would, in fact, fulfill the needs of all but one of the
Class 3 facilities included in the Bicycle Master Plan. In some instances, a bike route will be
provided as an interim measure until a roadway is sufficiently widened to provide a bike lane.
A bike route is considered a Class 3 bicycle facility where bicyclists share the roadway travel
lane with motorists (See Attachment #3). Bike routes will only have directional signage.
Bike lanes are considered Class 2 facilities and are delineated lanes provided solely for the use
of bicyclists along the edge of the roadway. Where the roadway is sufficiently wide, it could
also be adjacent to a parking lane.
A bike path is a Class 1 facility; typically a bicycle pathway or trail that is completely separated
from vehicular traffic. One local example is the Bayshore Bikeway bike path north of E Street
and Bay Blvd.
The locations for additional signage are listed in the following table and are also described in the
Bikeway Master Plan facilities list as shown in Attachment 4:
FACILITY CLASS LOCATION LIMITS SIGNS MILES COST
#
*4 3 Main Street Industrial Blvd. to 1- 22 2.73 $3,780
805
5 3 Industrial Blvd L Street to Main 12 1.49 $2,063
Street
8 2 Bav Blvd F Street to J Street 8 1.00 $1,374
**9 3 Orange Avenue Palomar Street to 12 1.56 $2,063
Hilltoo Drive
15 3 Telegraph Near 1-805 2 0.25 $ 344
Canyon Road
16 3 East H Street Hilltop Drive to 4 0.97 $ 688
Hidden Vista Drive
17 3 Gotham Street Rutgers Avenue to 1 0.65 $ 688
Otav Lakes Road
Subtotal 64 8.65 $11,000
Soft Costs 20% Contingency $2,200
TOTAL COST $13,200
FUNDING TransNet Funds $ 1,320
SOURCES BTA Grant $11 ,880
BIKE LANE AND BIKE ROUTE SIGNAGE
"'Conflict of interest - Councilmember McCann
"''''Conflict of interest. Councilmember Ramirez
The costs above have been adjusted by the Construction Cost Indexfor inflation since Year 2005
when they were originally calculated for the Bikeway Master Plan.
4-3
12/04/07, ItemL
Page 4 of 5
Part II - Traffic signal video detection at various locations citywide.
The second project component would provide new video detection cameras to replace the
inductive loop system currently used at each of the signalized intersections listed below. All
have bike lanes or bike paths adjacent to them.
Two locations are adjacent to Interstate 5 on E and H Streets at Bay Boulevard, and are operated
by Caltrans. Caltrans has approved the project, provided the new equipment meets their
specifications and the City processes an encroachment permit for the work.
# INTERSECTION DIRECTION COST COMMENT
1 Bay Blvd/E Street/I-5 SB off- NB & SB $25,000 Includes Caltrans permit
ramp costs. Bayshore
Bikewav.
2 Bay Blvd/H Street NB & SB $25,000 Includes Caltrans permit
costs. Bayshore
Bikewav.
*3 Bonita Road/Otav Lakes Road EB $10,000
4 Bonita Road/Willow Street EB & WB $10,000
5 Heritage Road/Paseo NB & SB $20,000
Ranchero/Telegraph Canyon
Road
6 La Media Road/Otay Lakes NB & SB $20,000
Road/Telegraph Canvon Road
TOTAL COST $11 0,000
Traffic Signal $11,000
FUNDING SOURCES Fee Fund
BTA Grant $99,000
VIDEO DETECTION EQUIPMENT
"'Conflict of Interest -Councilrnember McCann
The costs include soft costs such as design and Caltrans permit costs plus hard costs for
purchasing and installation of equipment.
Part III - Bus-mounted bike racks for Chula Vista Transit citywide.
The third project component would provide new, or replace existing bus-mounted bike racks on
all Chula Vista Transit buses. Bike rack specifications have changed over the years and the
region is now using a bike rack that is more durable and if repairs are needed, spare parts are
available. The current bike rack system does not have interchangeable parts and when damaged
must be entirely replaced. The proposed bike rack utilizes the similar mounting hardware as the
existing bike racks so installation can be undertaken quickly. The grant proposal is for 40 racks
plus installation totaling $27,500. The bike racks will be installed by Chula Vista Transit staff
(see Attachment 4).
4-4
12/04/07 , Item~
Page 5 of5
Item Each Unit Cost Quantitv Total
Bike Rack Each $505.00 40 $20,200.00
7.75% Sales Tax Each $ 39.14 40 1,565.60
Subtotal Each $544.14 21,765.60
Installation Each $ SO.OO 40 3,200.00
Subtotal $624.14 24,965.60
10% Contingency Each $ 62.41 40 2,496.56
TOTAL COST $27,462.16
SAY $27,500
FUNDING SOURCES TDA Funds $2,750
BTA Grant $24,750
BUS-MOUNTED RACKS
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found conflicts exist, in that
Councilmembers McCann and Ramirez have property holdings within 500 feet of the boundaries
of the properties which are the subject of this action (please refer to tables shown on pages 3 and
4 -- "Bike Lane and Bike Route Signage" and "Video Detection Equipment").
FISCAL IMPACT
There is no impact to the General Fund from this action. The estimated total project cost of
$150,700 will be met, in part, with $135,630 in Bicycle Transportation Account (BTA) Grant
funds, if awarded. The remaining required 10% match will be met with funds totaling $15,070
from three available sources: the Traffic Signal Fee Fund ($11,000), Transportation
Development Act (TDA) funds ($2,750), and TransNet funds ($1,320). If the grant is awarded,
staff will return to Council with a recommendation to accept the funds, create a new Capital
Improvement Program (CIP) project, and appropriate the grant funds into the CIP as early as
FY200S/09 or as late as FY20l 0/11.
ATTACHMENTS
1 - Activity Centers and Trip Destinations Plat
2 - Chula Vista Bikeway Master Plan Update - 2005 (Pocket Map excerpt)
3 - Bikeway Facility Types
4 - Bike Rack Installation Quote dated 10/24/07
Prepared by: Francisco X. Rivera, Principal Civil Engineer, Engineering & General Services Dept.
11/21/20071:46 PM
M: IEngineerIA GENDA ICAS2007112-04-07IBTA grant submittal final. doc
4-5
Activity Centers and Trip Destinations
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Criteria
Separate right-of-way
away from motor
vehicular traffic. Used
where adjacent
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ADTs are too high for
safe joint use, for
connections through
open space areas and
parks, or where no
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feasible.
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5' min. total width where curb occurs, 6 adjacent
to parking (Wider bike fane recommended
where bike volumes are high)
Within vehicular right-
of-way, but delineated
by warning symbols and
striping. May be used
where roadway speeds
and ADTs are fairly
high. but adequate
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available. Directness
and number of users
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and number of users is
not likely to be significant.
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roadways.
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Within vehicular right-of-
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where roadway speeds
and ADTs are quite low,
and where route directness
and number of users is not
likely to be significant.
Used to informally connect
other facilities.
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~, Kids, Family
c8:> cia Recreational,
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cIb
Capital Improvement Projects
ATTACHMENT _4
Veolia Transportation
4167 Collection Center Drive
Chicago, IL 60693
(630) 571-7070 X1087 fax
Invoice No. QUOTE
r- Customer
Name Chula Vista Transit
Address 1800 Maxwell Sl.
City Chula Vista
Phone 619.397.6061
State CA
Date
Order No.
Rep
FOB
10/24/2007
ZIP 91911
Qty Description Unit Price TOTAL
Veolia - Chula Vista
I 40 I nstallation of bike racks on 40 buses. $80.00 $3,200.00
!
i
I
I
I
I
SubTotal $3,200.00
Payment Details '\
0 Cash Tax
@ Check I
0 Credit Card TOTAL T $3,200.00
Name
CC#
Expires
I Office Use Only
Veolia- People Who Care!
4-9
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING
SUBMITTAL OF AN FY2008-09 BICYCLE
TRANSPORTATION ACCOUNT (BTA) GRANT
APPLICATION; AND CERTIFYING THAT
MATCHING FUNDS ARE OR WILL BE AVAILABLE
THEREFOR
WHEREAS, the City Council adopted a comprehensive update of the City of
Chula Vista Bikeway Master Plan in January 2005; and
WHEREAS, the Bikeway Master Plan update determines both local and long-
distance travel needs and identifies proposed bikeway facilities improvements in various
locations throughout the City; and
WHEREAS, currently proposed improvements to bikeway facilities include new
or upgraded bus-mounted bike racks on all City buses, additional signage along City bike
lanes and bike routes, and the upgrading of existing traffic signal detection systems to
accommodate new bicycle technology; and
WHEREAS, the proposed improvements are aligned with San Diego Association
of Governments (SANDAG) regional bikeway plans; and
WHEREAS, the cost for the proposed bikeway facilities projects is estimated at
$150,700; and
WHEREAS, if awarded, the Bicycle Transportation Account (BTA) grant funds
administered by Caltrans, will fund $135,630 of the total cost; and
WHEREAS, the balance of the cost, a required 10% match of $15,070, can be
funded from three sources: Traffic Signal Fee Fund, Transportation Development Act
(TDA) funds, and TransNet Funds in the amounts of $11,000, $2750, and $1,320,
respectively; and
WHEREAS, City staff recommends that the City apply for a BT A grant to fund
the proposed three-part bicycle facilities project as detailed in the City of Chula Vista
2005 Bikeway Master Plan; and
WHEREAS, grant requirements include Council certification that matching funds
are available and committed for the project; and
H:\AllomeyIFinJI Resos\2007\12 4 07\Reso-BTA grJol.doc
4-10
Resolution No. 2007-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby
1. Authorize submittal of a FY 2008-09 Bicycle Transportation Account (BT A)
grant application to the California Department of Transportation (Caltrans); and
2. Certify that the City has or will have available, prior to commencement of any
work on the projects, the required match.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering
and General Services
Dave Byers
Director of Public Works
H:\AltomeyIFinal Resos11007\12 4 07\Reso-BTA granl.d.oc
4-11
, ~
CITY COUNCIL
AGENDA STATEMENT
~\'f:. CITY OF
,L~CHULA V1SfA
12/04/07, Item~
SUBMITTED BY:
REVIEWED BY:
RESOLUTION CERTIFYING THE RESULTS OF THE
PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT
TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO.
2007-1 (FIRST AVENUE) AND ORDERING THE
CONSTRUCTION OF IMPROVEMENTS
DIRECTOR OF ENGINEE~G ~ GENERAL SERVICES ~
CITY MANAGER /(lfIL/..L---
ASSISTANT CITY~;:GER '7 r
4/STHS VOTE: YES D NO k8J
ITEM TITLE:
BACKGROUND
Residential properties along First A venue, between Naples Street and Palomar Street, are
currently without curbs, gutters, or sidewalks. All property owners had signed a petition
requesting that special assessment district proceedings commence for the purpose of financing
the construction of these improvements. Staff had completed preliminary design and cost
estimates for this project. On July 17, 2007 Council adopted Resolutions Nos. 2007-184,2007-
185 and 2007-186, which accepted the petition, approved the proposed boundary map and
preliminary Assessment Engineer's Report, set a public hearing and ordered the initiation of
ballot proceedings. On September 11, 2007 Council conducted the Public Hearing for the
proposed Assessment District and conducted the ballot proceedings.
RECOMMENDATION
That Council approve the resolution certifying the results of the public hearing and Assessment
District ballot tabulation for proposed Assessment District No. 2007-1 (First Avenue) pursuant to
Chapter 27 of the Improvement Act of 1913 (the "Block Act") and ordering construction of the
improvements.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
On July 17, 2007 Council adopted Resolutions 2007-184, 2007-185 and 2007-186. Resolution
2007-184 accepted the petition requesting the formation of an Assessment District for First
Avenue (Naples Street to Palomar Street) and Resolution 2007-185 adopted the map showing the
proposed boundaries for Assessment District 2007-01. Resolution 2007-186 declared the
intention to form the assessment district, approved the Preliminary Assessment Engineer's
5-1
12/04/07, Item2-
Page 2 of 3
Report, ordered the installation of improvements, and set the time and place for the public
hearing.
The Preliminary Engineer's Report included the preliminary assessment, which was presented on
the property owners' ballots. The total estimated construction cost, including the City's share,
was $2,100,000, of which the property owners' share was estimated to be $357,988 to cover the
cost of constructing the concrete driveways and private improvement relocations only.
Ballots and ballot materials were mailed to property owners on July 18, 2007. The property
owners were informed that the ballots needed to be received by the City Clerk's office prior to
5 :00 pm on September 11, 2007 in order to be counted.
The ballots remained sealed until the public hearing was closed. At that point, the ballots were
tabulated and weighted based on the area of property frontage of the property owners. Actual
tabulation results indicated that 49% of the weighted vote was in favor of the establishment of
the Assessment District. Of the 61 property owners, 37 votes were received (31 "in favor" and 6
"not in favor"). Subsequently, City staff informed Council that the proposed Assessment District
should be tabled while staff confirms the proper course of action given that the affirmative votes
comprised 49% of the total number of property owners in the proposed assessment district.
After review by the City Attorney's office and consultation with outside legal counsel
specializing in assessment district formation, it has been determined that the proposed
Assessment District should move forward based on the provisions of Proposition 218 ("The
Right to Vote on Taxes"). Section 4 of Proposition 218 states the following: "The agency shall
conduct a public hearing upon the proposed assessment not less than 45 days afier mailing the
notice of the proposed assessment to record owners of each identified parcel. At the public
hearing, the agency shall consider all protests against the proposed assessment and tabulate the
ballots. The agency shall not impose an assessment if there is a majority protest. A majority
protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the
assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the
ballots shall be weighted according to the proportional financial obligation of the affected
property." The ballots received in opposition to the First Avenue Assessment District did not
exceed the ballots received in its favor. Proposition 218 provisions related to Assessment
Districts consider only ballots cast (as opposed to total number of ballots mailed utilized for
majority protest calculations) and proportional financial obligation. In other words, for
Assessment Districts, results are calculated based on a simple majority of ballots received based
on valuation. In this case of the votes cast, 85% were in favor and 15% opposed. As a result,
pursuant to Proposition 218's majority protest provisions, City staffrecommends the approval of
the Assessment District formation and the commencement of construction.
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 project qualifies
for Class 1 categorical exemption pursuant to Section 15301(c) [Existing Facilities] of the State
CEQA Guidelines. In addition, the Environmental Review Coordinator reviewed the proposed
action for compliance with the National Environmental Policy Act (NEP A) and determined that
the proposed action was adequately covered in a previously adopted Categorical Exclusion
5-2
12/04/07, Item~
Page 3 of 3
(subject to 58.5) pursuant to the Department of Housing & Urban Development Environmental
Guidelines. Thus, no further environmental review or documentation is necessary.
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.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
None.
Prepared by: Jeff Moneda, Sr. Civil Engineer. Engineering and General Services Department
M:\General Services\GS Administration\Council Agenda\STL4303 First Avenue Assessment Dist\First Avenue Assessment District Certifying Results of the Public
Hearing (Approval) AI13-JDSM Redline2.doc
5-3
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE RESULTS OF THE
PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT
TABULATION FOR PROPOSED ASSESSMENT DISTRICT
NO. 2007-1 (FIRST AVENUE) AND ORDERING THE
CONSTRUCTION OF IMPROVEMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City"),
CALIFORNIA, has been presented and has received a petition from certain property owners
requesting the installation of certain sidewalk improvements, together with appurtenances and
appurtenant work in connection therewith, such improvements to be installed pursuant to the
provisions and authority of the "Municipal Improvement Act of 1913" (being Division 12 of the
Streets and Highways Code of the State of California and City Council Ordinance No. 2952);
and
WHEREAS, this City Council, acting in response to such petition, initiated proceedings
to form an assessment district to pay for the project pursuant to the provisions of the Streets and
Highways Code, Article XmD of the Constitution of the State of California ("Article XIIID")
and the "Provision 218 Omnibus Implementation Act" (Government Code Section 53750 and
following - the "Implementation Act") (the Municipal Improvement Act of 1913, Article XIIID
and the Implementation Act may be referred to collectively herein as the "Assessment Law");
and
WHEREAS, the assessment district has been designated as Assessment District No.
2007-1 (First Avenue) (the "Assessment District"); and
WHEREAS, a report of the Assessment Engineer's Report (the "Preliminary Assessment
Engineer's Report"), required by the Assessment Law was previously presented, considered and
preliminarily approved; and
WHEREAS, the Preliminary Assessment Engineer's Report, as preliminarily approved
was prepared and contained all the matters and items called for pursuant to the provisions of the
Assessment Law, including the following:
A. Plans and specifications of the improvements;
B. An estimate of the cost of the construction of the improvements, including the
cost of the incidental expenses, in connection therewith, including that portion of
such costs and expenses representing the special benefit to be conferred by such
improvements on the parcels with the Assessment District;
C. A diagram showing the Assessment District, which also shows the boundaries and
dimensions of the respective subdivisions of land within such Assessment
District, with each of which subdivisions given a separate number upon such
diagram;
D. The proposed assessment of the assessable costs and expenses of the construction
of the improvements upon the several divisions of land in the Assessment District
in proportion to the estimated special benefits to be conferred on such
subdivisions, respectively, by such improvements. Such assessment refers to such
subdivisions upon such diagram by the respective numbers thereof; and
H:\ENGlNEERIRESOS\Resos2007\12-04-07\STL303 First Avenue Assess Certifying Results Reso:<-JDSM Redline (clean copy oO.doc85-4
Resolution No. 2007-
Page 2
E. A description of the improvements.
WHEREAS, notices of such hearing, accompanied by assessment ballot materials were
regularly mailed in the time, form and manner required by the Assessment Law and as evidenced
by a certificate on file with the transcript of these proceedings, a full hearing has been given; and
WHEREAS, ballots and ballot materials were mailed to property owners on July 18,
2007, property owners were informed that the ballots needed to be received by the City Clerk's
office prior to 5:00 p.m. on September 11, 2007, a public hearing was held on September 11,
2007, and the ballots remained sealed until the public hearing was closed; and
WHEREAS, after the public hearing was closed, the ballots were tabulated and weighted
based on the area of property frontage of the property owners, with the following results: of the
61 property owners, 37 votes were received (31 "in favor" and 6 "not in favor"), and actual
tabulation results indicated that 84% of the weighted vote was in favor of, and 16% of the
weighted vote was against, the establishment of the Assessment District; and
WHEREAS, after further review by the City Attorney's office, it has been determined
that the proposed Assessment District should move forward based on the provisions of
Proposition 218 ("The Right to Vote on Taxes"), section 4 of which states the following: "The
agency shall conduct a public hearing upon the proposed assessment not less than 45 days after
mailing the notice of the proposed assessment to record owners of each identified parcel. At the
public hearing, the agency shall consider all protests against the proposed assessment and
tabulate the ballots. The agency shall not impose an assessment if there is a majority protest. A
majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to
the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots,
the ballots shall be weighted according to the proportional financial obligation of the affected
property. "
WHEREAS, based on this provision regarding majority protest, City staff recommends
the approval of the Assessment District formation and the commencement of construction.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista certifies the results of the public hearing and Assessment District ballot tabulation for
proposed Assessment District No. 2007-1 (First Avenue) pursuant to Chapter 27 of the
Improvement Act of 1913 (the "Block Act") and orders the construction of improvements.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
H"\ENGINEER\RESOS\Rcs0ll2007\12-04-07\STLJ03 First Avenue Assess Certifying Results Reso2-JDSM Redline {clean copy of).doc
. 5-5
CITY COUNCIL
AGENDA STATEMENT
12/04/07, Iteln~
SUBMITTED BY:
REVIEWED BY:
RESOLUTION ACCEPTING THE FINAL REPORT
OF EXPENDITURES FOR THE "CHULA VISTA COMMUNITY
PARK EMERGENCY SLOPE REPAIR" AND RATIFYING THE
ACTIONS OF THE CITY MANAGER AND DIRECTOR OF
ENGINEERING AND GENERAL SERVICES FOR MAKING AND
EXECUTING A CONTRACT FOR SAID EMERGENCY REPAIR
WITH CASS CONSTRUCTION, INC., ESTABLISHING A CIP FOR
THE WORK COMPLETED AND APPROPRIATING FUNDS
THEREFOR
DIRECTOR OF ENGINEERING AND GENERAL SERVICES~I
CITY MANAGER
ASSIST ANT CITY MANAGER c:; T
4/5THS VOTE: YES [gJ NO D
ITEM TITLE:
BACKGROUND
On September 4, 2007, Public Works Park Maintenance staff was informed by the Otay River
Contractors that the slope located adjacent to the Southbay Expressway (SR-125) at Otay Lakes
Road had been undermined, causing a large cavity. The failed slope and surrounding areas were
immediately secured by Park Maintenance staff to prevent any other potential problems and ensure
public safety. The undermined slope was created by a broken 2-inch irrigation valve. In
accordance with the emergency provisions of Section 1009 of the City Charter, City staff contracted
the services of Cass Construction, Inc. (General Engineering Contractor License No. 298336) for
the repair. The repair was completed on November 6, 2007. An Informational Item was submitted
on October 2, 2007 (Attachment 1) with the plan to come back to Council with a final report after
the full cost ofthe project was identified. This report represents the total expenditures for the repair.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined, based on the evidence
presented, that the activity falls under the emergency project exemption for specific actions
necessary to prevent or mitigate an emergency, pursuant to Section 15269 (c) of the State CEQA
Guidelines. Thus, no further environmental review is necessary.
6-1
12/4/07, Item~
Page 2 of 4
RECOMMENDATION
That Council adopt the resolution accepting the final report of expenditures for the "Chula Vista
Community Park Emergency Slope Repair" and ratifying the actions of the City Manager and
Director of Engineering and General Services for making and executing a contract for said
emergency repair with Cass Construction, Inc., establishing a CIP for the work completed and
appropriating funds therefor.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On Tuesday, September 4, 2007, Public Works - Park Maintenance staff was informed by the
Otay River Contractors that the slope located adjacent to the Southbay Expressway (SR-125) at
Otay Lakes Road had been undermined, due to a broken 2-inch irrigation valve creating a large
cavity approximately 16 feet deep by 10 feet wide. Said slope is on the west side of the Chula
Vista Community Park. The Park Maintenance staff responded immediately to secure the
affected area and turn off that section of the irrigation system to prevent further damage.
In order to determine the extent of the slope repair and obtain a precise construction bid estimate,
a geotechnical consultant (Ninyo & Moore), from the City's on-call list, was retained to assess
and provide a slope repair recommendations report and soil testing during the repair work. This
report assisted the City and the contractor to determine the repair area and associated costs. The
findings of this report concluded that the subject slope distress was triggered by a combination of
the uncontrolled flow of water over the slope face as a result of the water line valve break and
the piping of soils. The piping of the soils can be attributed to underground seepage associated
with the flow of water through the pre-existing natural drainage course. Ninyo and Moore's
recommendation was to repair the slope distress by removing the disturbed material to competent
materials and rebuilding the slope with compacted fill including a keyway and back drains.
There were no findings that work associated with SRI25 had anything to do with the slope
failure.
In accordance with City Charter Section 1009 and based upon the urgent necessity for the
preservation of life, health and property and as explained in the Informational Item sent on
October 2, 2007, City staff contracted the services of Cass Construction, Inc. to repair the failed
slope area.
The Director of Engineering and General Services and the City Manager agreed with the
recommendation of staff on the necessity to proceed with the emergency repair for the following
reasons:
· Due to heavy use of the Chula Vista Community Park by the residents and by Eastlake
High School, City staff needed to take all possible precautions to insure general public
safety.
· If the slope was not repaired as soon as possible before that rainy season begins, the park
might sustain additional unnecessary damage.
6-2
12/4/07, ItemL
Page 3 of 4
. If the slope was not repaired as soon as possible before that rainy season begins, the park
might sustain additional unnecessary damage.
. In order to avoid jeopardizing the scheduled opening of the Southbay Expressway (SR-
125), the off-ramp serving as the site for the construction equipment access (adjacent to
the subject slope failure) cannot be obstructed in any manner and, thus, slope remediation
must be completed in this area as soon as possible to avoid any potential delays with the
SR-125 construction.
In an effort to account for the emergency expenditures, at this time, staff is recommending
establishing a Capital Improvement Project entitled "Chula Vista Community Park Emergency
Slope Repair (PR-304)", amending the FY2007-2008 CIP Program and appropriating General
Funds in the amount of $76,645 for the construction contract, consultant services and open space
material provided. Since the funding source is General Fund, staff time is not being included in
the appropriation amount. A breakdown of the total costs is provided under Fiscal Impact.
CONTRACTOR SELECTION PROCESS
Staff prepared and solicited three informal bids from qualified contractors that have previously
worked for the City on October 5, 2007. On October 9, 2007 the City received two proposals.
The Contractors were ranked as follows:
Contractor Proposal Amount Contractor Ranking
Cass Construction, Inc. $49,300 First Negotiation Preference
MJC Construction, Inc. $62,000 Second Negotiation Preference
Poly Construction, Inc. _n Non-Responsive
STAFF COSTS
In addition to construction activities, staff time is also required for construction inspection,
geotechnical investigation and administrative staff. These staff components total $27,120.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the property, which are the subject action.
FISCAL IMPACT
The total expenditures for the Chula Vista Community Park Slope Repair work were funded
from the General Fund Reserves account and are broken down as follows:
6-3
12/4/07, Item~
Page 4 of 4
Item
Amount
$ 49,300.00
$ 26,100.00
$ 1,245.00
Attachment: 1 - October Council Information Item
Prepared by: Luis A. Labrada. Associate Civil Engineer, General Services
M:\General Services\GS Administration\Council Agenda\PR304 CV Comm Park Emergency Slope Erosion\PR304 A-l13 Rev 112Q07.doc
6-4
~\lft..
-r-
---
CnYOF
CHULA VI5fA
ATTACHMENT. /
Engineering and General Services Department
Informational Item
October 2, 2007
File: PR 304
SUBJECT:
The Honorable Mayor and City Council
David R. Garcia, City Manager AlA J
Scott Tulloch, Assistant City Manager I;:~
Jack Griffin, Director of Engineering and"eral Services~
Dave Byers, Director of Public Works 'l' T
Chula Vista Co=unity Park Emergency Slope Repair (pR 304)
TO:
VIA:
FROM:
On Tuesday, September 4, 2007, Public Works - Park Maintenance staff were informed by the
Otay River Contractors that the slope located adjacent to the Southbay Expressway (SR-125) at
Otay Lakes Road had been undermined, due to a broken 2-inch irrigation valve creating a large
cavity approximately 16 feet deep by 10 feet wide (see Exhibit "A"). Said slope is on the west
side of the Chula Vista Co=unity Park. The Park Maintenance staff responded immediately to
secure the affected area and turn off that section of the irrigation system to prevent further
damage.
Due to the heavy use of this park by the residents of Chula Vista and by Eastlake High School,
City staff has taken all possible precautions to insure the temporary safety for the public during
this pre-repair period. However, the rainy season is upon us and staff believes that if the slope is
not repaired as soon as possible, this park would sustain additional unnecessary damage. In
addition to the rainy season, the opening of the Southbay Expressway (SR-125) is scheduled for
mid October 2007; therefore, the Engineering and General Services Department along with the
Public Works Department believes that it is important to complete this repair immediately. Staff
intends to enter into an emergency repair contract in accordance with the emergency provision of
Section 1009 of the City Charter; based upon the potential urgent necessity for the preservation
of life, health and property. The City will solicit three bids from responsible contractors that
have worked for the City before.
In order to determine the extent of the slope repair and obtain a precise construction bid estimate,
a geotechnical consultant (Ninyo & Moore), from the City's on-call list, was hired to assess and
provide a slope repair reco=endations report. This report will assist the City and the contractor
to determine the repair area and associated costs.
The preliminary estimated cost for this repair is approximately $90,000. This estimate
includes the geotechnical reco=endations report, construction and City staff cost. Staff will be
using the General Fund Reserves to undertake the work. Staff will return to Council with a full
report in November after the repair has been completed.
M:\General Services\GS Administration\City Council Information ItT_Rff04 CV Community Park.doc
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6-10
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE FINAL REPORT OF
EXPENDITURES FOR THE "CHULA VISTA COMMUNITY
PARK EMERGENCY SLOPE REPAIR" AND RATIFYING THE
ACTIONS OF THE CITY MANAGER AND DIRECTOR OF
ENGINEERING AND GENERAL SERVICES FOR MAKING
AND EXECUTING A CONTRACT FOR SAID EMERGENCY
REP AIR WITH CASS CONSTRUCTION, INC.,
ESTABLISHING A CIP FOR THE WORK COMPLETED AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, on Tuesday, September 4,2007, Public Works - Park Maintenance staff was
informed by the Otay River Contractors that the slope located adjacent to the Southbay
Expressway (SR-125) at Otay Lakes Road had been undermined, due to a broken 2-inch
irrigation valve creating a large cavity approximately 16 feet deep by 10 feet wide; and
WHEREAS, the Park Maintenance staff responded immediately to secure the affected
area and turn off that section of the irrigation system to prevent further damage; and
WHEREAS, an Council Information Item was submitted on October 2, 2007 with the
plan to come back to Council with a final report after the full cost of the project was identified;
and
WHEREAS, the Director of Engineering and General Services and the City Manager
agreed with the recommendation of staff on the necessity to proceed with the emergency repair
for the following reasons:
. Due to heavy use of the Chula Vista Community Park by the residents and by
Eastlake High School, City staff needed to take all possible precautions to insure
general public safety.
. If the slope was not repaired as soon as possible before that rainy season begins,
the park might sustain additional unnecessary damage.
. In order to avoid jeopardizing the scheduled opening of the Southbay Expressway
(SR-125), the off-ramp serving as the site for the construction equipment access
(adjacent to the subject slope failure) cannot be obstructed in any manner and,
thus, slope remediation must be completed in this area as soon as possible to
avoid any potential delays with the SR-125 construction; and
H:\ENGINEER\RESOS\Rcsos2007\12-04-07\Communily Park slope repair.doc
6-11
Resolution No. 2007-
Page 2
WHEREAS, staff prepared and solicited three informal bids from qualified contractors
that have previously worked for the City on October 5, 2007. On October 9, 2007 the City
received two proposals. The Contractors were ranked as follows:
Contractor Proposal Amount Contractor Ranking
Cass Construction, Inc. $49,300 First Negotiation Preference
MJC Construction, Inc. $62,000 Second Negotiation Preference
Poly Construction, Inc. --- Non-Responsive
WHEREAS, in accordance with City Charter Section 1009 and based upon the urgent
necessity for the preservation of life, health and property City staff contracted the services of
Cass Construction, Inc. to repair the failed slope area which was completed on November 6,
2007; and
WHEREAS, the total expenditures for the Chula Vista Community Park Slope Repair
work were funded from the General Fund Reserves account and are broken down as follows:
Item
Amount
$ 49,300.00
$ 26,100.00
$ 1,245.00
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept the final report of expenditures for the "Chula Vista Community Park
Emergency Slope Repair"; and
BE IT FURTHER RESOLVED that the City Council of Chula Vista does hereby deem,
based on the facts presented by staff and included herein, that the work performed was of "urgent
necessity for the preservation of life, health, or property"; and
H:\ENGINEER\RESOS\Resos2007\12-04_07\CommuniIY PaTk slope repair doc
6-12
Resolution No. 2007-
Page 3
BE IT FURTHER RESOLVED that the City Council of Chula Vista does hereby ratify
the actions of the City Manager and Director of Engineering and General Services for making
and executing a contract for said emergency repair with Cass Construction, Inc., establish a CIP
for the work completed and appropriate General Funds in the amount of $76,645 for the
construction contract, consultant services and open space material provided.
Presented by
Jack Griffin
Director of Engineering
and General Services
H:\ENGINEER\RESOS\Resos2007\12-04-07\CommuniIY Park slope repair.doc
6-13
CITY COUNCIL
AGENDA STATEMENT
~\~CIlYOF
~CHULA VISTA
12/04/2007, Item -:,
SUBMITTED BY:
REVIEWED BY:
RESOLUTION APPROPRIATING $54,520 IN
TRANSPORTATION DEVELOPMENT ACT (IDA) FUNDS TO
THE "REAS SLURRY SEAL PAVEMENT REHABILITATION FY
07/08 (STL-340)" PROJECT FROM THE AVAILABLE FUND
BALANCE
DIRECTOR OF ENGINEERING AND GENERAL SERVICES A ~ .
CITY MANAGER "J
ASSISTANT CITY MANAGER S---r-
4/5THS VOTE: YES 181 NO 0
ITEM TITLE:
BACKGROUND
On October 30, 2007, the City of Chula Vista received a letter from SANDAG indicating that
payment of Transportation Development Act funds were processed to the City of Chula Vista for
a gr~t that the City received for the Bay Boulevard Bike Lane Improvements. Appropriations
are necessary to reimburse the "REAS Slurry Seal Pavement Rehabilitation (STL-340)" project,
which included the Bay Boulevard Bike Lane Improvements 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 (c) (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 appropriating Transportation Development Act (TDA) Funds to
the "REAS Slurry Seal Pavement Rehabilitation (STL-340)" project from the available fund
balance.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
7-1
12/04/07,IteDl~
Page 2 of2
DISCUSSION
During the application cycle of FY 06/07, the City of Chula Vista obtained a Transportation
DevelopDlent Act (TDA) grant in the amount of $54,520 to fund the pavement rehabilitation and
installation of bike lanes along Bay Boulevard (F Street to J Street). On August 14, 2007, City
Council approved the resolution accepting bids and awarding the 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. The scope of work for the Bay Boulevard improvements was included with this
contract and Transnet funds paid for the improvements until the TDA funds could be obtained
froDl SANDAG. The City of Chula Vista has recently obtained the funds froDl SANDAG to
appropriate to the STL-340 project.
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.
FISCAL IMPACT
The funds for this project will be provided for by the Transportation DevelopDlent Act (TDA)
fund. Staff is recoIDDlending appropriating $54,520 from the available balance of the TDA fund
to the "REAS Slurry Seal PaveDlent Rehabilitation (STL-340)" project for work described
above. The TDA funding source is an extension of the Transnet funding source, which paid for
the Bay Boulevard Improvement project until funds could be obtained frODl SANDAG. A letter
of the process of payment by SANDAG to the City ofChula Vista is attached for reference.
ATTACHMENTS
1 - SANDAG letter dated October 15, 2007.
Prepared by: Jeff Moneda, Sr. Civil Engineer, General Services Department
M:\General Services\GS Administration\Council Agenda\STL340 Reas Slurry Seal\STL-340 TDA Approp Al13 Oct 2007 FINAL-doc
7-2
CSANDjlfJ
401 8 Srreet. Suite BOO
5.n Diego. CA92101-4231
(519) 699.1900
Fax (619) 699.1905
W\lV\<Y.sandag.org
MEMBER AGENCIES
(fries of
Carlsbad
(hula Visla
Coronado
DelMar
EICajon
Enciniras
Escondido
Imperial Beach
laMesa
Lemon Grove
Nauon..1 City
Oceanside
PQ\\'ay
San Diego
San Man::os
Saflt~
Solana Beach
Visra
and
Caun!}' of San Diego
ADVISORY"'.JEM8ERS
Imperial (ounly
California Deparrment
of Transportation
MerropO(;lan Transit 5}'srem
NOrlh San Diego Coon!)'
1tansir Dellelopmenl Board
Uniled Stales
DeparrmeM of Defense
San Diego
Unified Port DisrricT
San Diego (DlIm)'
Wafer AUlhoriry
Mexico
ATTACHMENT I
Octobe'" 5, 2007
File Number: 4000500
Ms. Tracy Sandoval
Assistant Chief Financial Officerl
Auditor and Controller
County of San Diego
1600 Pacific Highway
Mail Station AS
San Diego, CA 92101
Attn: Young Kang
Dear Ms. Sandoval:
SUBJECT: TDA Claims
The City of Chuia Vista has requested Transportation Development Act (TDA)
funds for various bicycle and pedestrian projects. The claims, articles, and the
amounts requested are listed below.
Claimant
Chula Vista
Claim
OB011001
Year
2008
Article
3
Amount
$ 54,520
The San Diego County Auditor is hereby requested to make the above
payment to the City of Chula Vista on October 20, 2007.
If there are any questions con,erning these allocation instructions, please
,ontact Sandi Craig at (619) 699-6998.
Sincerely,
~~
RENEE WASMUND
Department Director of Finance
RW/SCRldsn
Attachment
cc: Maria Kachadoorian, Chula Vista
Jeff Moneda, Chula Vista
Chris Kluth, SANDAG
7-3
TDA Allocation Instruction
Payment Request
FY
..-..---_.~.-_._--_._-----_..--_._-.-._'-----
Claimant
Apportionment Area
Purpose
Approval Date
Resolution No.
2008
Chula Vista
Bike/Ped 2%
Article 3
6/2212007
200727
Summary of Claim
Expense Category
Capital
Total
Requested Payments
Date
10120/2007
Claim 10
08011001
Claim Amount
$54,520.00
$54,520.00
Expense Category
Capital
Payment Amount Notes
$54,520.00 CIP no. STL-340
$54,520.00
Total
Direct Payments To
9/25/2007
City of Chula Vista
Attn: Maria Kachadoorian, Finance Director
276 Fourth Avenue
Chula Vista, CA 91910
7-4
.
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $54,520 IN
TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS TO
THE "REAS SLURRY SEAL PAVEMENT REHABILITATION
FY 07/08 (STL-340)" PROJECT FROM THE AVAILABLE
FUND BALANCE
WHEREAS, during the application cycle ofFY 06/07, the City ofChula Vista obtained a
Transportation Development Act (TDA) grant in the amount of $54,520 to fund the pavement
rehabilitation and installation of bike lanes along Bay Boulevard (F Street to J Street); and
WHEREAS, on August 14, 2007, City Council approved the resolution accepting bids
and awarding the contract for the "REAS Slurry Seal Pavement Rehabilitation (STL-340)"
project to Frank and Son Paving, Inc. of Ramona, California in the amount of$I,795,603.66 and
authorizing the expenditure of all available funds in the project; and
WHEREAS, the scope of work for the Bay Boulevard improvements was included with
this contract and Transnet funds paid for the improvements until the TDA funds could be
obtained from SANDAG; and
WHEREAS, funding was obtained from SANDAG to appropriate to the STL-340
project; and
WHEREAS, appropriations are necessary to reimburse the "REAS Slurry Seal Pavement
Rehabilitation (STL-340)" project, which included the Bay Boulevard Bike Lane Improvements
project.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby appropriate $54,520 in Transportation Development Act (TDA) funds to the
"REAS Slurry Seal Pavement Rehabilitation FY 07/08 (STL-340)" project from the available
fund balance.
Presented by
Approved as to form
Jack Griffin
Director of Engineering and General Services
K:\ENGINEER\RESOS\Resos2007\IZ-04.07\STL340.doc
7-5
1 ~
CITY COUNCIL
AGENDA STATEMENT
~\'f:. ellY OF
'~CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
12/04/07, Item~
RESOLUTION SETTING AUGUST 1, 2008 AS
THE DATE BY WHICH PROPERTY OWNERS WITHIN
UNDERGROUND DISTRICT NO. 134 ALONG L STREET
FROM MONSERATE AVENUE TO NACION AVENUE
SHALL BE READY TO RECEIVE UNDERGROUND UTILITY
SERVICE, SETTING DECEMBER 31, 2009 AS THE
APPROXIMATE DATE BY WHICH POLES, OVERHEAD
WIRES AND ASSOCIATED OVERHEAD FACILITIES ARE
REMOVED WITHIN THE DISTRICT, AUTHORIZING THE
INCREASE OF UTILITY ALLOCATION FUNDS TO
APPROXIMATELY $1,654,000, AND REQUESTING THAT
THE UTILITY COMPANY PAY FOR THE INSTALLATION
OF PRIVAJ'E LATERAL CONNECTIONS FROM THE CITY'S
RULE 20 A FUNDS, AND AUTHORIZING THE UTILITY
COMPANY TO INSTALL THOSE PRIVATE LATERAL
CONNECTIONS
ORDINANCE AMENDING CHAPTER 15.32 OF
THE CHULA VISTA MUNICIPAL CODE TO REFLECT
CHANGES TO PUBLIC UTLITIES COMMISSION RULE 20A
ON UTILITY UNDERGROUNDING
DIRECTOR OF ENG~E~G JND. GENERAL SERVICES ~-t
CITY MANAGER /!I/L/..J--
ASSISTANT CITY~AGER 71
4/STHS VOTE: YES 0 NO [8J
BACKGROUND
On December 10, 2002 the City Council held a public hearing and approved Resolution No.
2002-509 establishing Utility Underground District No. 134 along East L Street from
Monserate Avenue to Nacion Avenue. The resolution also authorized the expenditure of
utility allocation funds to subsidize private service lateral conversion. The subsequent
adoption of Public Utilities Commission Rule 20.A.3 allows the construction of private
service laterals to be included as part of the undergrounding project. The proposed
ordinance will revise the Chula Vista Municipal Code to be consistent with these changes.
Section 15.32.150 of the Chula Vista Municipal Code states that the Council shall by
subsequent resolution fix the times within which properties within a utility underground
8-1
---1
12/04/07, Item~
Page 2 of 4
district must be ready to receive underground service and poles, overhead wires and
associated overhead facilities. Tonight's action sets the dates, authorizes project funds and
amends the Municipal Code to reflect changes to Public Utilities Commission Rille 20A on
utility undergrounding.
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(b)
(Existing facilities used to provide electrical power) of the State CEQA Guidelines
because the project only involves undergrounding of existing utilities. Thus, no further
environmental review is necessary.
RECOMMENDATION
Council approve the resolution to:
I. Set August I, 2008 as the date by which property owners within Underground
District No. 134 along East L Street from Monserate Avenue to Nacion Avenue
shall be ready to receive underground utility service;
2. Set December 31, 2009 as the approximate date by which poles, overhead wires
and associated overhead structures within Underground District No. 134 along
East L Street from Monserate Avenue to Nacion Avenue shall be removed;
3. Authorize the increase of Utility Allocation Funds to approximately $1,654,000;
4. Authorize private utility connections to be constructed as part of the District.
Council place the ordinance to amend Chapter 15.32 of the Municipal Code on first
reading December 4,2007 and on second reading December II, 2007. This amendment
ensures the Municipal Code incorporates changes to Public Utilities Commission Rule
20A on utility undergrounding.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On November 12, 2002 the City Council approved Resolution 2002-441 declaring the
City's intention to underground overhead utilities along East L Street from Monserate
Avenue to Nacion Avenue and setting a public hearing for the formation of Utility
Underground District Number 134 for December 10, 2002. A total of 69 affected
property owners were identified. Subsequently, notices ofthe public hearing were sent to
these property owners, as well as residents and other property owners in the vicinity of
the project. The public hearing was conducted on December 22, 2002 and Council
adopted Resolution 2002-509 establishing Underground Utility District No. 134 along
East L Street from Monserate Avenue to Nacion Avenue, and authorizing the expenditure
of utility allocation funds to subsidize private laterals (Attachment 1).
8-2
12/04/07, ItemL
Page 3 of 4
In that resolution, staff anticipated that the cost of undergrounding the utilities for this
District would be approximately $400,000. On November 22, 2005 staff presented to
Council a report on utility undergrounding program funding and priorities (Attachment
2). In that report, revised estimates were provided for previously formed Underground
Districts on Fourth Avenue, L Street and J Street. The cost estimate of District No. 134
was revised to $1,654,000, which remains the approximate current cost. A major reason
for the cost increase is that the original estimate had not included the cost of
undergrounding several cul-de-sacs and side streets that are within the district, which
increases the estimated length of undergrounding from 2050 linear feet to over 5000
linear feet. Council accepted this report.
At the time that this District was established, it was anticipated that private lateral
conversions would be financed in accordance with the City's Policy 585-01, as revised
July II, 2000 (Attachment 3). This policy provides that the property owners within an
underground district hire their own contractors to underground their private laterals.
After the completed connections passed the City's inspection, the City would reimburse
the property owners $35 per linear foot, plus $300 to $400 for a service panel conversion.
The California Public Utility Commission (PUC) subsequently adopted Rule 20.A.3,
effective July 25, 2002, which makes it possible for SDG&E to include private utility
connections as part of their undergrounding contract. The construction cost is not expected
to significantly differ from the cost based on Policy 585-01. However, under this policy
City staff has been required to wait as long as a year for the property owners to underground
their portions of the utility lines. This may increase project costs due to inflation.
Additionally, significant staff costs associated with inspections and following up with non-
compliant property owners are saved. Staff has therefore directed SDG&E to include these
laterals in their design and construction contract. This methodology was also used on the
undergrounding district on Fourth Avenue from L Street to Orange Avenue, which was
approved by Council Resolution 2007-116 on May 22, 2007.
CYMC Chapter 15.32, Undergrounding of Utilities, was written and revised prior to the
passage ofPUC Rule 20.A.3. In particular, Sections 15.32.180 and 15.32.200 are based on
the understanding that property owners would be responsible for the undergrounding of
service laterals on their own properties. The proposed amendment to Chapter 15.32
addresses the City's option of including the private laterals as part of the undergrounding
district and the related changes in noticing requirements.
The only action that needs to be taken by property owners prior to construction of the
service laterals is signature and submittal of a Pennit to Enter that would allow SDG&E and
its agents to enter the property for trenching and installing underground utilities and
appurtenances. In February 2007 staff mailed out 68 copies of a cover letter and Permit to
Enter in English and Spanish to property owners identified on the design plans as having
electric service laterals connected to the lines within the East L Street District to be
undergrounded. (It was detennined that one of the property owners notified in 2002 had a
service lateral connecting to a line outside the district.) Property owners were directed to
send the completed permit to the City in the stamped envelope provided. In April 2007 staff
8-3
12/04/07, ItemL
Page 4 of 4
subsequently sent 14 letters by certified mail to property owners who did not respond to the
first mailing. The property owners were then informed that if they failed to return a
completed permit to the City they would either need to perform the trenching and panel
work at their own expense or SDG&E would install a wooden pole on their property to carry
their individual overhead utility lines.
SDG&E estimates that they will begin construction of the underground utilities in February
2008. Therefore, all Permits to Enter must be completed and submitted by March 1, 2008.
As of October 26, 2007, two property owners have not yet returned their completed permits
to the City. Staff will make every feasible effort to contact and obtain signatures from these
final two property owners.
Although SDG&E will do all necessary work to install underground service laterals,
individual property owners are responsible for any work related to the upgrade and! or
relocation of the electric panels and! or the relocation of the electric meter. This work needs
to be complete and the property owners need to be ready to receive service by August 1,
2008.
Removal of the utility poles is the last action taken to complete the undergrounding process.
The City's CIP project along East L Street, STL-328, includes relocation and or/
replacement of streetlights in the project area. Existing poles are generally not removed
until the City's streetlight installation is complete. It is projected that the streetlight
installation will begin in Fiscal Year 2008-09, after the undergrounding work is done.
SDG&E has therefore provided an estimated date of December 31,2009 for pole removal.
A more definite date for pole removal should be available after the City's construction
contract for STL-328 is awarded.
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 properties which are the subject of this
action.
FISCAL IMPACT
Passage of this resolution will not impact the City's General Fund. It will result in
utilizing the City's allocated 20A utility undergrounding funds in accordance with
previously established priorities presented to and accepted by Council on November 22,
2005.
ATTACHMENTS
1. Resolution 2002-509
2. November 22, 2005 Staff Report on Utility Undergrounding Program and
Priorities
3. Council Policy No. 585-01
Prepared by: Elizabeth Chopp, Senior Civil Engineer, Engineering Dept. File #KY078
8-4
ATTACHMENT /
RESOLUTION NO. 2002-509
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABUSHING UTIUTY
UNDERGROUNDING DISTRICT NO. 134 ALONG EAST "L"
STREET FROM MONSERATE AVENUE TO NACION
AVENUE AND AUTHORIZING THE EXPENDITURE OF
UTIUTY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE
SERVICE LATERAL CONVERSION
WHEREAS, by Resolution No. 2001-441, a public hearing was called for on Tuesday,
December 10, 2002, in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue in
said City, to ascertain whether the public health, safety or welfare requires the removal of poles,
overhead wires and associated overhead structures and the underground installation of wires and
facilities for supplying electric, communication or similar or associated service along East "L"
Street from Monserate Avenue to Nacion Avenue.
WHEREAS, notice of such hearing has been given to all affected property owners as
shown on the last equalized assessment roll, and to the utility companies concerned in the
manner and for the time required by law; and
WHEREAS, such hearing has been duly and regularly held, and all persons interested
have been given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds and determines that the public health, safety and welfare requires the removal
of poles, overhead wires and associated structures, and the underground installation of wires and
facilities for supplying electric, communication or similar associated services, the
above-described area is hereby declared an Underground Utility District, and is designated as
such in the City of Chula Vista. Attached hereto, marked Exhibit" A", and incorporated herein
by reference is a map delineating the boundaries of said district.
BE IT FURTHER RESOLVED that the City Council shall, by subsequent resolution, fix
the date on which affected property owners must be ready to receive underground service, and
does hereby order the removal of all poles, overhead wires and associated overhead structures
and the underground installation of wires and facilities for supplying electric, communication or
similar associated service within said Underground Utility District.
BE IT FURTHER RESOLVED that the City Oerk is hereby instructed to notify all
affected utilities and all persons owning real property within said Underground Utility District of
the adoption of this resolution within fifteen days after the date of said adoption. Said City Oerk
shall further notify said property owners of the necessity that, if they or any person occupying
such property desires to continue to receive electric, communication or other similar or
associated service, they, or such occupant shall, by the date fixed in a subsequent resolution
provide all necessary facility changes on their premises so as to receive such service from the
lines of the supplying utility or utilities at a new location, subject to the applicable rules,
regulations and tariffs of the respective utility or utilities on file with the Public Utilities
Commission of the State of California as of the date of adoption of this resolution. Such
notification shall be made by mailing a copy of this resolution to affected property owners as
shown on the last equalized assessment roll and to the affected utility companies.
8-5
Resolution 2002-509
Page 2
BE IT FURlHER RESOLVED that the City Council hereby finds that the Underground
Utility District herein created is in the general public interest for the following reasons:
1. East "L" Street is a four-laoe west/east major thoroughfare between the western
aod eastern portions of Chula Vista. The undergrounding of existing overhead utilities
will contribute to the creation of ao aesthetically pleasing major street.
2. This segment of East "L" Street is classified in the General Plao's Circulation
Elements as a Class I Collector street.
BE IT FURTHER RESOL YED that the City Council does hereby authorize the use of
approximately $400,000 in utility allocation funds to cover the cost of pole removal,
undergrounding overhead facilities, aod private property conversion reimbursements.
Presented by
Approved as to form by
~~/x~(7 D
J . . Kaheny
~torney
8-6
-,
Resolution 2002-509
Page 3
PASSED, APPROVED, and ADOP1ED by the City Council of the City of Chula Vista,
California, this 10th day of December, 2002, by the following vote:
AYES:
Councilmembers:
Davis, Rindone, Salas, McCann and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Council members:
None
[
~J~ilL
~ep Pa il a, Mayor
ATfEST:
~::z:u~t=::::l~,,-I? L1.
Susan Bigelow, City Cler
STATEOFCALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-509 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 10th day of December, 2002.
Executed this 10th day of December, 2002.
~ -:::::"IIIA'~~~
Susan Bigelow, City Clerk
- . '8--1"-- . . - ---.
Resolution 2002-509
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. District Boundary
. Exisitlng Poles
Proposed Poles
J Parceis in Underground Dislrict
Utilities affected
~ E: Electrical
ET
T: Telephone
C: Cable
UTILITY UNDERGROUND DISTRICT NO. 134
EAST "L" STREET, .....:
MONSERATE AVE TO NACION AVE
EXHIBIT "A" C'OGRAP.,c~'o_n"""".
8-8
ATTACHMENT Z,
COUNCIL AGENDA STATEMENT
Item
Meeting Date
/3
11/22/05
REVIEWED BY:
Staff Report on Utility Undergrounding Program Funding and Priorities
City Engineer ~ ,
City Manager f' ~ rK
(4/5ths Vote: Yes_NolU
ITEM TITLE:
SUBMITTED BY:
In August 2005 an Information Item was presented to Council regarding the City's Utility
Undergrounding Program. This item discussed the estimated costs for the Undergrounding Districts
that have not yet been constructed and the ramifications of expediting the design and construction of
L Street from Monserate Avenue to Nacion Avenue. This report provides more details on said
project and the overall City Utility Undergrounding Program. Staff has subsequently met with
representatives of the property owners in the L Street Undergrounding District, as well as the utility
companies and is presenting the following report outlining currently projected schedules and costs
involved for the recommended alternative.
RECOMMENDATIONS: That Council accept the staffreport.
BOARDS/ COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Backl!round
The City's policy regarding the undergrounding of utilities is addressed in Chapter 15.32 of the
Municipal Code. All new developments in the City must have underground utilities, which shall
include electrical, communications and cable television services. Such utilities can be
undergrounded in existing areas with overhead utilities through formation of Utility Undergrounding
Districts. A public hearing is held for all property owners within the boundary of the proposed
district, which is then formed through the adoption of a Council resolution. San Diego Gas &
Electric (SDG&E) generally takes the lead in the design and construction of under grounding projects
in developed areas, although SBC, Cox Communications and other cable companies are also
involved. Actual design and construction activity is subject to SDG&E staffing and scheduling. The
funding and execution of such Undergrounding Districts must comply with Rule 20 of the California
Public Utilities Commission. Rule 20A provides for the undergrounding of existing overhead
electrical facilities at SDG&E' s expense where both the City and SDG&E agree that it is in the
general public interest. Rule 20B provides for the undergrounding of existing electrical facilities at
the expense of either a group of property owners or a municipality.
Underl!round Conversion Prol!ram
The City's Utility Underground Conversion Program was instituted in 1968. The Council approved
subsequent Utility Undergrounding Programs in 1979, 1984 and 1991. Streets were selected for the
8-9
Page 2, Item I j
Meeting Date 11/22/05
Undergrounding Program in accordance with the City's rating system, which was originally
approved by Council in November 1972 and revised in July 1979 (Attachment A). The streets in the
1991 program included Fourth Avenue, E Street, F Street, Palomar Street, Broadway, Main Street, L
Street, Otay Lakes Road and J Street. An update to the Undergrounding Program was included as an
Attachment to Ordinance 2746, which was adopted on September IS, 1998 (Attachment B). This
did not revise the City's list of priorities, but presented a schedule for the completion of the priority
projects. Since that date, the City has added one undergrounding project at Council's request,
Quintard Street from Third A venue to Orange Avenue. This District was formed in November 2002
and construction has since been completed.
The district formation process has been completed for all 15 proj ects included on the 1998 list
(Attachment B) and construction has been completed on 9. As noted above, one additional project
was completed at Council's request, bringing the totals to 16 identified projects, 10 completed to
date. Target project dates shown in the 1998 list have been modified through the years due to
competing priorities and in consideration of available funding. The following table reflects the
projects remaining from the 1998 list that have been officially established as UtilityUndergrounding
Districts by Council with the most recent estimated construction dates and costs. Note that the three J
Street projects have been combined into two larger projects.
Fourth Avenue from L Street to Oran e Avenue
L Street from Monserate Avenue to Nacion Avenue
includes Nolan Wa
L Street from Broadwa to Third Avenue
"I Street from Broadwa to Hillto Drive
J Street from Billto Drive to Lori Lane
Total Estimated Cost 2005 Dollars
2013
2014
2015
$2,009,000
$2,038,259
$1,553,320
$10,221,579
The Fourth Avenue Undergrounding District construction is currently in progress. This project is
being done in conjunction with STL-291, Fourth Avenue Sidewalk lmprovements between L Street
and Orange Avenue. SDG&E has completed the initial design for this project, and the 30 percent
design has been provided to the utility companies for comments. The construction ofthis proj ect is
scheduled for completion by mid-2007.
In addition to citywide undergrounding proj ects, the City entered into a Memorandum of
Understanding (MOU) with SDG&E on October 12, 2004 that included agreements regarding the
undergrounding of the Bayfront 138KV transmission lines. On November 9, 2004 Council approved
two new ten-year franchise agreements with SDG&E for the provision of gas and electrical service.
Both the MOU and the electrical franchise agreement affirmed the importance of undergrounding
said transmission lines along the Bayfront as a major utility priority of the City. In the MOU, the
1 Although all construction work is scbeduled for completion by the end of2007, funding will not be deducted from
the 20A funds until 2008 as sbown on Attachment'C. .
8-10
Page 3, Item I :)
Meeting Date 11/22/05
City agreed to designate its entire unspent 20A allocation for Bayfront undergrounding, in addition to
half its $2 million annual allocation from 2004 to 2013. Approximately $6.7 million out of the
City's allocation balance of$8.7 million (as of March 31, 2005) is set-aside for the Bayfront Project.
It is currently estimated that the total Project cost will be approximately $17 million. As further
discussed in the MOU, the City may borrow ahead a maximum of $10 million (5-year allocation)
interest-free to finance the Bayfront Undergrounding Project. Due to the structure of the MOU, the
Bayfront project is tracked separately from citywide projects. Attachment C provides a detailed
breakdown of the funding projections.
Current Issues and Recommended Action Plan
Residents within the boundary ofthe proposed district on L Street from Monserate to Nacion have
requested that the City expedite the undergrounding of their utilities. Staff has investigated several
options and recommends that the next two Undergrounding Districts be completed in. the following
order to fulfill commitments made to residents:
1. Complete the construction of the Fourth Avenue UndergroundingDistrict
2. Design/construct L Street District from Monserate Avenue to Nacion Avenue
This recommended action plan would expedite construction of the L Street District between
Monserate Avenue and Nacion Avenue without disrupting the construction of the Fourth Avenue
Project and disappointing the property owners along Fourth Avenue who have already been notified
of the construction schedule for this project. It is important to note that this L Street project also
includes Nolan Way. The schedule for each project is dependent on SDG&E's workload and the
amount of 20A funds that are available each year. After discussions with SDG&E and the other
utilities representatives, staff concluded that the L Street District, between Monserate and Nacion
Avenues can be designed in 2006 and completed in 2007. Two representatives of the properly
owners participated in said discussions with SDG&E and concurred with the recommended schedule.
Next Steos
Staff has met with a group of property owners from Alpine and Minot Avenues who have requested
that their streets be included on a priority list for utility undergrounding. It does not appear that their
neighborhood would have a high ranking based on the City's existing criteria and the Rule 20A
regulations, which give priority to streets with heavy volumes of traffic, a heavy concentration of
overhead electrical facilities or location in civic or recreational areas. Staff is currently working
with these property owners in an attempt to address their main concern, which involves pavement
rehabilitation.
However, given this neighborhood request, continuing competing priorities and the fact that the
project priority list has not been updated since 1998, it is recommended that staff return to Council in
2006 so that Council can have the opportunity to:
1. Consider the current big picture regarding remaining overhead utilities;
2. Discuss funding options;
3. Revisit the rating criteria in consideration of current Council priorities; and,
8-11
Page 4, Item 13
Meeting Date 11/22/05
4. Create an updated citywide priority list for utility undergrounding projects.
FISCAL IMPACT:
Selection of the recommended action plan will not have any fiscal impact on the City.
.
Attachments:
A. Rating System for Undergrounding of Utilities
B. Utility Undergrounding Table included as part of Ordinance 2746
C. Utility Undergrounding Program Funding Projections
.
J,lEngineerlAGENDA \CAS200S\II.22-05\UtiIity Undergrounding\Utility Undergrounding Report.DOC
8-12
AnACHMENT A
June 20, 1979
~
Sheet 1 of 3 Sheets
RATING SYSTEM FOR uNDERGROUNDrnG OF UTlllTIE'S
TRANSMISSION AND DISTRIBUTION FACrr..rrms PROJECTS
A. EXPOSURE
1. Traffic
Assign one point for evcxy 2,000 ADT. Use estimated post-amstruction ADT
for projects under construction, or financed and scheduled for construction within
two years.
MAXIMUM POrnT VALUE - J51>oints
,
2. .Entrance to City
Assign S points for segment approximately onc-quarter mile in length and
terminating at a freeway interchange (either existing or under cqnstruction).
FIXED POrnT VALUE - S points
(Total Al plus A2 = a maximum of 20 points)
B. AESTHETIC BENEFIT
1. Assign a maximum of 10 points on !,he basis of the evaluating group's perception
of the BENEFIT of undergrounding the segment. The points are to be assigned
bilsed on a comparative evaluation of the characteristics of the segment. Factors
to be considered include but are not limited to:
a. Number 0& ,Signs
b. Width of Street
c. Number of Poles, height &. diameter
d. Number of Crossarms
e. Number of Circuits
f. Height and Location of Existing Buildings (setbacks)
g. Character of adjacent properties (residential, commercial, etc.)
h. Plll!ij:nce of Street Trees
MAXIMUM POINT VALUE - 10 points
(continued on next page)
8-13
PAGE 2
2. Parks and Public Buildings
Assign points dependent upon size, aesthetic value, and location of park or public
building relative to project area (Note: Normal points for principal park or
building frontage, 3 points; side exposure, 1 point).
MAXIMUM POINT VALUE - 5 points
(Total Item Bl plus Item B2 - Maximum 15 points)
C. RELATIONSHIP TO APPROVED UNDERGROUNDING DISTRICTIPREVIOUSI.Y
UNDERGROUNDED FACILITIES
1.
Assign 5 points to the project if it extends either an approved undergrounding
district or a previously undergrounded facility.
FIXED POINT VALUE - 5 points
.
2. Assign 10 points to the project if it is a closing link between any combination of
approved undergrounding district(s) and/or previously undergrounded facilities.
FIXED POINT VALUE - 10 points
3. Where the proposed project intersects either an approved undergrounding district
or a previously undergrounded facility, assign one point to each leg (whether to
the right or to the left).
MAXIMUM POINT VALUE - 4 points
4. Assign a maximum of 5 points to the project if there is either an approved
undergrounding district, or previously undergrounded facilities exist along one
side of the subject street segment.
,
,
MAXIMUM POINT VALUE - 5 points
(Total Item Cl plus Item C2 plus Item C3 plus Item C4 = a maximum 12 points)
D. ASSOCIATED CONSTRUCTION
Assign 15 points to a street segment scheduled for widening during the current or next
fiscal year.
FIXED POINT VALUE - 15 points
(continued on next page)
8-14
PAGE 3
E. PROPERTY OWNER FUNDING .
Assign a maximum of 10 points where property owners fonnally agree to finance a
significant share of undergrounding the distribution and/or transmission facilities.
MAXIMUM POlNT VALUE - 10 points
SB/A-l13SIUNDRGRND.SMN
101591
,
,
8-15
ATTACHMENT
B
Ordinance 2746
Page 10
CITY OF CHULA VISTA
UTILITY UNDERGROUNOING PROGRAM
UTILITY UNDER GROUNDING PROJECTS TO BE COMPLETED BY END OF 1999:
STREET LIMITS DISTRICT NUMBER
"E" Street Broadway [0 T oyon Lane 123
Main 5t,15et Industrial BDulevard to Third Avenu$ 126
Otay Lakes Road Ridgeback to Apache Drive 129
Palomar Street I 5 to Industrial 80ulevard 127
FUTURE UTILITY UNDER GROUNDING PROJECTS TO BE COMPLETED IN 2000:
STREET LIMITS ESTIMA TED COST
Broadway "C. Street to -E" Straet $513,000
Fourth AvenulJ "H" Street to "L" Street $1.000,000
Orange Avenue PaJomar Street to Fourth Avenue $440,000
TOTAL $1,953,000
FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2001:
STREET LIMITS ESTIMATED COST
Otay L.e.kes Roed Bonita Road to Camino Del Cerro Grande $2,250,000
FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2002:
STREET LIMITS ESTIMATED COST
Fourth Avenu8 "L" Street to Orange Avenue $1,150,000
"L" Street Monaerate Avenue to Nacion Avenue $340,000
oiL" Street Broadway to Third Avenue $700,000
TOT AL $2,190,000
FUTURE UTILITY UNDERGROUNOING PROJECTS TO BE COMPLETED IN 2003:
STREET LIMITS ESTIMATED COST
Otay Lakes Road Camino Del Cerro Grande to Ridgeback Road $2,100,000
TOTAL $2,100,000
FUTURE UTILITY UNDERGROUNDING PROJECTS TO 8E COMPLETED IN 2004:
STREET LIMITS ESTIMATED COST
.. j" Street East of Broadway to Third Avenulit HOO,OOO
"J" Street East of Nacion Avenul:l to West of Lori Lane $290,000
"J" Street Third Avenue to First Avenue $475,000
TOTAL S 1.465,000
8-16
ATTACHMENT C
UTILITY UNDERGROUNDING PROGRAM
FUNDING PROJECTIONS
FUND ALLOCATION SUMMARY FOR BAYFRONT UNDERGROUNDING
Unspent 20A Allocation 12/03
$4,737,049
$4,737,049
Allocation 2004-2007
2004-2007
$4,000,000
$8,737,049
Bayfront Undergrounding
2008
$1,000,000
$17,000,000 ($7,262,951)'
tow
$8,000,000
. . .' $1.7,137;4$' . $17,;110(1'
$737,049
Allocation 2009-2012
"
. This funding needs will be met through the borrow-forward provision in the MOU. It is anticipated
that the total amount borrowed in 2008 will be repaid by 2012, leaving approximately $737,049 for
allocation to citywide utility undergrounding projects.
FUND ALLOCATION SUMMARY FOR CITYWIDE PROJECTS
Description A1loc;atfori . F~nd . ProIecitCoSt . Remaining
Year . Allocation . l2005 $\ FUIlds
Allocation 2004-2006 $3,000,000 $3,000,00
Fourth Ave. fl'Ql'li L St. to Orange 2007 $1,000,000 $2,961,000 $1,033,000
AVe.
L St. from Monserate Ave to Nadon ~ $1,OoOrOao $1,604,000 $379,000
(includi!$ Nolan WaY)
L St. from Broadway to Third Ave. 2013 $2,737,049 $2,009,000 $1,107,049
J St. from Broadway to Third Ave, 2014 $2,000,000 $2,038,259 $1,068,790
J St. from Hilltop Drive to Third Ave. 2015 $2,000,000 $1,553,320 $1,515,470
Total $11.737.049 $10.221.579
J:\EngineeAAGENDA\CAS2005\ 11-01-Q5\U1IlIly UndergrcundlnglA!laclY11en1 C_"",,doc
8-17
A.TTACHMENT
-.3
.
SUBJECf:
USE OF UTILITY FUNDS FOR
UNDERGROUND CONVERSION OF
PRIV AlE SERVICE LATERALS
COUNCll.. POllCY
CITY OF CHULA VISTA
POllCY
NUMBER
585-01
EFFECTIVE
DATE
07/11/00
PAGE
10f3
AOOPfED BY: Resolution No. 11977 I DATED: 04/02J85
AMENDED BY: Resolution No. 16934 (12115192), Resolution No. 2000-233 (07/11100)
BACKGROUND
.
Io 1982, the California Public Utilities Commission (CPUC) by Decision 82-01-18 gave the
authority to the local agencies to request electric utilities to expand allocation funds for the
conversion of electric lateral services for each customer in utility allocation funded undergrounding
districts. On October 18, 1983, Pacific Telephone (now Pacific Bell) filed a change in tariff with
the CPUC so that communications utilities would also be in conformance with Decision 82-01-18.
Cox Cable TV (now Cox Communications), is not governed by the CPUC, but chooses to
cooperate with the program by providing conduit and service wires up to 100 feet in length at no
cost. Decision 82-01-18 provides the mechanism to reduce the property owner's cost for the
conversion from the distribution line to the residence. This cost depends on the distance from the
property line to the point of connection with the customer's wiring and varies from customer to
customer. On December 6, 1999, the California Public Utilities Commission (CPUC) approved a
revision to San Diego Gas & Electric's (SDG&E) Rule 20, "Replacement of Overhead with
Underground Electric Facilities", allocation funds. This revision of SDG&E Rule 20 gives the City
the option to fund the conversion of the electric meter panel cost as part of the allocation costs.
The CPUC decision permits the use of utility funds to provide up to 100 feet of the property
owner's service lateral (trenching and underground conduit) and all or portion of the cost of
modifications to the existing overhead electrical service panel and/or installation of "pull can". The
net result is a reduction in cost that win benefit the individual property owner. Under the City Code
it is the property owner's responsibility to provide and maintain the underground supporting
structure needed on the property.
PURPOSE
To establish a policy for the use of utility funds for conversion of the customer's service laterals to
encourage property owner acceptance for desirable conversion district projects.
POllCY
The City Council establishes the following policy for the use of utility funds for underground
conversion of private service laterals:
1.
General Provisions
.
Funding shall be limited to the following facilities which customer traditionally'
supplies/installs:
(1) Trenching and underground conduits from property line to point of connection.
(2) Portion of electric service panel conversion and/or "pull can" installation.
8-18
t)
"'.l1'J 2.
~."
..~.
~r(.;;y
SUBJECf:
COUNCIL POllCY
CITY OF CHULA VISTA
POllCY
NUMBER
PAGE
20f3
~
USE OF UTll1TY FUNDS FOR
UNDERGROUND CONVERSION OF
PRIVATE SERVICE lATERALS
~CIlVE
.. DATE
07/11/00
585-01
ADOPTED BY: Resolution No. 11977 I DATED: 04102185
AMENDED BY: Resolution No. 16934 (12115192), Resolution No. 2000-233 (07/11100)
A. Funding shall be as follows:
(1) Cost of the trenching and conduits within the trench not to exceed thirty-five
dollars per linear foot ($35/LF) for the required length of trenching on the
property up to a maximum of 100 feet.
(2) Residential and commercial underground work requiring the installation of a
service connection box, commonly called as "Pull Cans," and/or service
panel conversion (installation of "Myers" adapter) of existing meter service
panel will be reimbursed $300. Commercial and multi-family dwelling units
(apartments and condominiums) with at least 200-ampere service panel will
be reimbursed $400.
Implementation Procedures
."'""\
A. Underground Utility Advisory Committee (UUAC) members shall determine the
length of service laterals (trenching and underground conduits) and electric panel
conversion that is (I) eligible for utility funding for each property within the
conversion district and (2) the length Ilf conduit and wire that the appropriate utility
company will provide free of charge.
B. UUAC members shall agree on a "reasonable" cost per lineal foot of lateral
conversion and electric panel conversion. This cost shall be reviewed and updated if
necessary to compensate for the inflation rate.
C. All property owners within the conversion district shall be informed of the estimated
utility fund amount proposed for reimbursemeIit prior 10 the public hearing on the
conversion district formation.
D. The City shall inform San Diego Gas & Electric (SDG&E) in writing as to the fmal
amount of utility funds required for work on private property within 30 days of the
established "Customer Ready Date" as approved by the City Council. SDG&E shall
deposit into the City account the requested funds within 30 days of the receipt of the
City's written notice.
E.
The City shall pay the appropriate amount of reimbursement due each property
owners when:
""'"
(1) The customer has satisfactorily completed their service lateral conversion;
8-19
1-
.
SUBJECT:
USE OF tmLITY FUNDS FOR
UNDERGROUND CONVERSION OF
PRIVATE SERVICE LATERALS
COUNCIL POLICY
CITY OF CHUIA VISTA
POLICY
NUMBER
585-01
EFFECfIVE
DATE
07111/00
PAGE
3of3
ADOPTED BY: Resolution No. 11977 I DATED: 04/02185
AMENDED BY: Resolution No. 16934 (12115192), Resolution No. 2000-233 (07111/00)
(2) the electric metering equipment has passed a City inspection certifying it
ready to receive underground service; and
(3) the property owner has submitted to the City a signed statement certifying
to the cost of the service lateral conversion work to include the extent of
the "Pull Can" andlor electric panel conversion work on the property.
Copies of the contractor's invoice pertaining to the work performed and
SDG&E' s "Electric Meter and Service Location" form shall be attached
to the signed statement.
F.
Within 30 days after SDG&E's official notice to the City that all electric service
conversions within the district have been completed, the City shall refund to
SDG&E any monies not disbursed to the property owners.
.
NOTES:
(1) The service laterals shall be defined as: trench, backfill, and any necessary conduit from
the customer's property line to the underground sweep at the base of the customer' s
termination facility. In those cases where the service condnit enters the customer's
bOOding, the service lateral will terminate at the point where the conduit enters the
bOOding.
(2) For the purpose of this policy utility is defined as any company providing electric,
telephone communications, cable television and data transmission services.
.
8-20
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SETTING AUGUST 1,2008 AS THE DATE BY
WHICH PROPERTY OWNERS WITHIN UNDERGROUND
DISTRICT NO. 134 ALONG L STREET FROM MONSERATE
AVENUE TO NACION AVENUE SHALL BE READY TO
RECEIVE UNDERGROUND UTILITY SERVICE, SETTING
DECEMBER 31, 2009 AS THE APPROXIMATE DATE BY
WHICH POLES, OVERHEAD WIRES AND ASSOCIATED
OVERHEAD FACILITIES ARE REMOVED WITHIN THE
DISTRICT, AUTHORIZING THE INCREASE OF UTILITY
ALLOCATION FUNDS TO APPROXlMATELY $1,654,000,
AND REQUESTING THAT THE UTILITY COMPANY PAY
FOR THE INSTALLATION OF PRIVATE LATERAL
CONNECTIONS FROM THE CITY'S RULE 20 A FUNDS,
AND AUTHORIZING THE UTILITY COMPANY TO INSTALL
THOSE PRIVATE LATERAL CONNECTIONS.
WHEREAS, on December 10,2002, the City Council, pursuant to Resolution No. 2002-
509, established Underground Utility District No. 134 along L Street from Monserate Avenue to
Nacion A venue and authorized the expenditure of approximately $400,000 in Utility Allocation
Funds to cover the cost of pole removal, undergrounding overhead facilities, and private property
conversion reimbursements; and
WHEREAS, on November 22, 2005, Council accepted a report by staff on utility
undergrounding program funding and priorities which revised the cost estimate for District 134
to $1,654,000; and
WHEREAS, pursuant to Chula Vista Municipal Code Section 15.32.150, Council shall,
by resolution, set the date upon which property owners in an underground utility district must be
ready to receive underground service and the date by which poles, overhead wires and associated
overhead structures shall be removed.
WHEREAS, on July 11,2000, the City Council revised Policy No. 585-01, providing for
the reimbursement of funds expended by property owners for the undergrounding of private
laterals within utility undergrounding districts; and
WHEREAS, the Public Utility Commission (PUC) subsequently adopted Rule 20.A.3,
effective July 25, 2002, which allows the utility, upon request by the governing body of a local
agency, to pay for the installation ofthe private laterals from that agency's Rule 20A funds; and
WHEREAS, City staff believes that the new approach will reduce staff time in
monitoring and reimbursing property owners and will enable undergrounding projects to
commence with less delay.
8-21
Resolution No. 2007-
Page 2
NOW, THEREFORE BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
I. That it sets August 1,2008 as the date by which property owners within Underground
District No. 134 along L Street from Monserate Avenue to Nacion Avenue shall be
ready to receive underground utility service.
2. That it sets December 31, 2009 as the approximate date by which poles, overhead
wires and associated overhead structures within Underground District No. 134 along
L Street from Monserate Avenue to Nacion Avenue shall be removed.
3. That it authorizes the increase of Utility Allocation Funds for Underground District
134 to approximately $1,654,000.
4. That it requests that the utility company pay for the installation of private lateral
connections from the City's Rule 20 A funds, and authorizes the installation by the
utility company of those private lateral connections.
Presented by:
Approved as to form by:
Jack Griffin
Director of Engineering and General Services
ye-:~lJ ~~.~
Ann Moore v
City Attorney
H:\ENGINEER\RESOS\Resos2007\12-04-07\L Street Utility Undergrounding revised by elf~ 2 2
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA,
AMENDING CHAPTER 15.32 OF THE CHULA VISTA
MUNICIPAL CODE TO REFLECT CHANGES TO
PUBLIC UTILITIES COMMISSION RULE 20A ON
UTILITY UNDERGROUNDING
WHEREAS, on July 11, 2000, the City Council revised Policy No. 585-01,
providing for the reimbursement of funds expended by property owners on the
undergrounding of private laterals within utility undergrounding districts; and
WHEREAS, the Public Utility Commission (puq subsequently adopted Rule
20.A.3, effective July 25, 2002, which allows the utility, upon request by the governing
body of a local agency, to pay for the installation of the private laterals from that
agency's Rule 20A funds; and
WHEREAS, City staff believes that the new approach will reduce staff time in
monitoring and reimbursing property owners and will enable undergrounding projects to
commence with less delay.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as
follows:
That the following sections of Chapter 15.32 of the Chula Vista Municipal Code are
amended as follows:
15.32.150 Districts designated when - Resolution - Recording and
contents required.
If, after the public hearing, the council finds that the public health,
safety or general welfare requires removal of poles, overhead wires and
associated overhead structures and underground installation of wires and
facilities for supplying electric, communication, community antenna
television or similar or associated service within a designated area, the
council shall, by resolution, declare the designated area an underground
utility district and order the removal and underground installation.
Immediately following its adoption, the city clerk shall cause a certified
copy of the resolution to be recorded in the office of the county recorder.
The resolution shall include a description and map of the area comprising
the district. It shall also provide that the council shall by subsequent
resolution fix the time within which:
A. Property in the district must be ready to receive underground service;
and
B. It is estimated that poles, overhead wires and associated overhead
structures shall be removed. A reasonable time shall be allowed for
H:\ENGINEER\Ordinances\Ord2007\12-04-07\Ordinance amending Chapter 15.32 ~1=2'~ orredline) revised by e<:.doc
Ordinance No.
Page 2
removal and underground installation and installation! relocation of
streetlights by the City, having due regard for the availability of labor,
materials and equipment necessary for such removal and for the
installation of such underground facilities as may be occasioned thereby.
15.32.180 Notification of affected persons and utilities required when.
A. Within 15 days after the effective date of a resolution adopted
pursuant to CYMC 15.32.150, all affected utility companies and all
affected persons shall be notified by the City of the provisions of the
resolution. If private utility laterals will not be constructed by the utility
company, the affected persons shall be notified by the City that, if they
desire to continue to receive electric, communication, community antenna
television or similar or associated service, they shall provide, at their own
expense, all necessary facility changes on their premises so as to receive
underground service from the lines relocated underground of the
supplying utility company subject to applicable rules, regulations, and
tariffs of the respective utility company on file with the commission and to
all other applicable requirements of state laws and city ordinances.
B. If private utility laterals will not be constructed by the utility
company, within 15 days of adoption by the council of the resolution
fixing the time within which conversions on private property and pole
removal must be accomplished, all affected utilities and affected persons
will be notified by the City that the work required to change the facilities
on the premises so as to receive electric, communication, or community
antenna television or similar or associated service provided or to be
provided by the utility company shall be accomplished on or before the
applicable date set forth in the resolution. This notice shall also state the
date all poles and related overhead structures are to be removed from
within the district.
C. Notices given under this section may be given either by personal
service or by mail and in accordance with the provisions of CYMC
15.32.140.
D. Within 15 days of adoption of the resolution fixing the conversion
and pole removal times of the district, the director of public works shall
cause copies of the notice, printed on a card not less than eight inches by
10 inches in size and headed "Notice of Pole Removal" in letters of not
less than one inch in height, to be posted conspicuously on every pole to
be removed within the district.
15.32.190 Utility company responsibilities.
If underground construction is necessary to provide utility service
within a district created by any resolution adopted pursuant to CYMC
15.32.150, any utility company engaging in such underground
construction shall furnish that portion of the conduits, conductors and
associated equipment required to be furnished by it under the applicable
H;\ENGINEER\Qrdinances\Ord2007\12-04-07\Ordinance amending Chapter 15.32 (clean cop)' of red line} revised by ec.doc
8-24
Ordinance No.
Page 3
orders, rules, regulations and tariffs on file with the Public Utilities
Commission.
15.32.200 Property owner responsibilities.
A. If private utility laterals will not be constructed by the utility
company, the owner or owners of real property within a district shall be
obligated to and shall be responsible for the commencement and
completion of work as may be necessary to provide for the continuance of
electric, communication, community antenna television or similar or
associated service to the premises between the facilities referred to in
CYMC 15.32.190 and the termination of service connection facilities on
or within the building or structure being serviced, all in accordance with
applicable orders, rules, regulations and tariffs of the respective utility
companies on file with the commission as of the effective date of the
resolution creating the district, and in accordance with the applicable
requirements of state laws and city ordinances.
B. If private utlity laterals will be constructed by the utility company,
property owners shall be required to give the utility company written
permission for the utility company to enter their property. Property owners
shall be responsible for any relocation and! or upgrade of electrical
equipment, such as panels and meters.
15.32.210 Non-compliance by property owner.
A. In the event the owner or owners of real property within a district do
not comply with the provisions ofCYMC 15.32.200, the respective utility
companies concerned shall advise the director of public works in writing
of the location of such property, and thereupon the director of public
works shall cause to be posted on such property a written notice on the
property being served.
B. The notice required by subsection (A) of this section shall include
the statement that 30 days after posting of the notice all utility companies
are authorized to either serve the property through an individual pole
erected on that property for above ground service or to discontinue
electric, communication, community antenna television or similar or
associated service from poles, overhead wires and associated overhead
structures.
C. Thirty (30) days after such posting, all utility companies are hereby
authorized to either erect an individual pole on that property to continue to
provide above ground service or to discontinue electric, communication,
community antenna television or similar or associated service from poles,
overhead wires, and associated overhead structures.
H:\ENGINEER\Ordinances\Ord2007\12-04-07\Ordinance amending Chapter] 5.32 (Se: 2S0fredlinCl revised by ec.doc
Ordinance No.
Page 4
Effective Date
This ordinance shall become effective thirty days after final passage.
Presented by
Approved as to form by
~~J ,;j~~~~
Ann Moore
City Attorney
Jack Griffin
Director of Engineering and General Services
H:\ENGINEER\Ordinllllces\Ord2007\12-04-07\Ordinance amending Chapter 15.32 (~e: ~6afred\ine) revised byec.doc
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA,
AMENDING CHAPTER 15.32 OF THE CHULA VISTA
MUNICIPAL CODE TO REFLECT CHANGES TO
PUBLIC UTILITIES COMMISSION RULE 20A ON
UTILITY UNDERGROUNDING
WHEREAS, on July 11, 2000, the City Council revised Policy No. 585-01,
providing for the reimbursement of funds expended by property owners on the
undergrounding of private laterals within utility undergrounding districts; and
WHEREAS, the Public Utility Commission (PUC) subsequently adopted Rule
20.A.3, effective July 25, 2002, which allows the utility, upon request by the governing
body of a local agency, to pay for the installation of the private laterals from that
agency's Rule 20A funds; and
WHEREAS, City staff believes that the new approach will reduce staff time in
monitoring and reimbursing property owners and will enable undergrounding projects to
commence with less delay.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
That the following sections of Chapter 15.32 of the Chula Vista Municipal Code are
amended as follows:
15.32.150 Districts designated when - Resolution - Recording and
contents required.
If, after the public hearing, the council finds that the public health,
safety or general welfare requires removal of poles, overhead wires and
associated overhead structures and underground installation of wires and
facilities for supplying electric, communication, community antenna
television or similar or associated service within a designated area, the
council shall, by resolution, declare the designated area an underground
utility district and order the removal and underground installation.
Immediately following its adoption, the city clerk shall cause a certified
copy of the resolution to be recorded in the office of the county recorder.
The resolution shall include a description and map of the area comprising
the district. It shall also provide that the council shall by subsequent
resolution fix the time within which:
A. Property in the district must be ready to receive underground service;
and
B. It is estimated that Pl2oles, overhead wires and associated overhead
structures shall be removed. A reasonable time shall be allowed for
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Ordinance No.
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removal and underground installation and installation! relocation of
streetlights by the City, having due regard for the availability of labor,
materials and equipment necessary for such removal and for the
installation of such underground facilities as may be occasioned thereby.
15.32.180 Notification of affected persons and utilities required when.
A. Within 15 days after the effective date of a resolution adopted
pursuant to CVMC 15.32.150, me eity elerk saallllotify all affected utility
companies and all affected persons shall be notified by the Citv of the
provisions of the resolution. The eity elerk speeifieaHy saall Ilotifylf
private utilitv laterals will not be constructed by the utility company. the
affected persons shall be notified by the City that, if they desire to
continue to receive electric, communication, community antenna
television or similar or associated service, they shall provide, at their own
expense, all necessary facility changes on their premises so as to receive
underground service from the lines relocated underground of the
supplying utility company subject to applicable rules, regulations, and
tariffs of the respective utility company on file with the commission and to
all other applicable requirements of state laws and city ordinances.
B. If private utilitv laterals will not be constructed by the utility
company. Wwithin 15 days of adoption by the council of the resolution
fixing the time within which conversions on private property and pole
removal must be accomplished, me eity elerk shall further notify all
affected utilities and affected persons will be notified by the City that the
work required to change the facilities on the premises so as to receive
electric, communication, or community antenna television or similar or
associated service provided or to be provided by the utility company shall
be accomplished on or before the applicable date set forth in the
resolution. This notice shall also state the date all poles and related
overhead structures are to be removed from within the district.
C. Notices given under this section may be given either by personal
service or by mail and in accordance with the provisions of CVMC
15.32.140.
D. Within 15 days of adoption of the resolution fixing the conversion
and pole removal times of the district, the director of public works shall
cause copies of the notice, printed on a card not less than eight inches by
10 inches in size and headed "Notice of Pole Removal" in letters of not
less than one inch in height, to be posted conspicuously on every pole to
be removed within the district.
15.32.190 Utility company responsibilities.
If underground construction is necessary to provide utility service
within a district created by any resolution adopted pursuant to CVMC
15.32.150, any utility company engaging in such underground
construction shall furnish that portion of the conduits, conductors and
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Ordinance No.
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associated equipment required to be furnished by it under the applicable
orders, rules, regulations and tariffs on file with the Public Utilities
Ceommission.
15.32.200 Property owner responsibilities.
A. If private utilitv laterals will not be constructed bv the utilitv
companv. +!he owner or owners of real property within a district shall be
obligated to and shall be responsible for the commencement and
completion of work as may be necessary to provide for the continuance of
electric, communication, community antenna television or similar or
associated service to the premises between the facilities referred to in
CYMC 15.32.190 and the termination of service connection facilities on
or within the building or structure being serviced, all in accordance with
applicable orders, rules, regulations and tariffs of the respective utility
companies on file with the commission as of the effective date of the
resolution creating the district, and in accordance with the applicable
requirements of state laws and city ordinances.
B. If private utlitv laterals will be constructed by the utility company.
property owners shall be required to give the utility company written
permission for the utility company to enter their property. Property owners
shall be responsible for any relocation andl or upgrade of electrical
equipment. such as panels and meters.
15.32.210 Diseontmuanee of overhead seniee allthorized when
Notiee. Non-compliance bv property owner.
A. In the event the owner or owners of real property within a district do
not comply with the provisions of CYMC 15.32.150 and 15.32.200, the
respective utility companies concerned shall advise the director of public
works in writing of the location of such property, and thereupon the
director of public works shall cause to be posted on such property a
written notice on the property being served.
B. The notice required by subsection (A) of this section shall include
the statement that 30 days after posting of the notice all utility companies
are authorized to either serve the property through an individual pole
erected on that property for above ground service or to discontinue
electric, communication, community antenna television or similar or
associated service from poles, overhead wires and associated overhead
structures.
C. Thirty (30) days after such posting, all utility companies are hereby
authorized to either erect an individual pole on that property to continue to
provide above ground service or to discontinue electric, communication,
community antenna television or similar or associated service from poles,
overhead wires, and associated overhead structures.
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Effective Date
This ordinance shall become effective thirty days after final passage.
Presented by
Approved as to form by
Ann Moore
City Attorney
Jack Griffin
Director of Engineering and General Services
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8-30
CITY COUNCIL
AGENDA STATEMENT
~\~ em OF
'~~CHULA VISTA
12/04/07, Iteml
SUBMITTED BY:
REVIEWED BY:
A. ORDINANCE REPLACING CHAPTER 18.54
OF THE CHULA VISTA MUNlCIPAL CODE RELATING
TO FLOODPLAIN REGULATIONS WITH CHAPTER 14.18
B. ORDINANCE AMENDING CHAPTER 14.04
OF THE CHULA VISTA MUNlCIPAL CODE
DIRECTOR OF ENG GENERAL SERVICE~ ~
CITY MANAGER \J \I
-
ASSISTANT CIT MANAGER S /
4/5THS VOTE: YES D NO i:8J
ITEM TITLE:
BACKGROUND
The City's original floodplain ordinance was adopted in November 1978, and the latest revision
was adopted in November 2002. As a result of a Community Assistance visit on August 16,
2006 by a representative of the California Department of Water Resources, the City is required to
amend its existing floodplain ordinance in order to meet current standards of the National Flood
Insurance Program. The City was notified in September 2007 that full compliance with these
requirements will be achieved with passage of the new ordinance.
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 the
modifications to the municipal code are administrative in nature; 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 projects that are subject to the Floodway
Regulations have been defined, environmental review will be required and a CEQA
determination completed prior to commencing any development activities.
RECOMMENDATION
Council place the above ordinances on first reading December 4, 2007 and on second reading
December 11, 2007. These ordinances will replace Chapter 18.54 of the Municipal Code
relating to floodplain regulations with Chapter 14.18 and amend Chapter 14.04.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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12/04/07, Item~
Page 2 of 3
DISCUSSION
The City's Floodplain Ordinance, Chapter 18.54 of the Chula Vista Municipal Code (CVMC),
was originally adopted by City Council on November 14, 1978. Ordinance 1842 amended the
Chula Vista Flood Management Program of 1970 in order to bring it into compliance with the
current National Flood Insurance Program Rules and Regulations at that time. CYMC Chapter
18.54 was subsequently updated in July 1983 and January 1988 in accordance with instructions
by the Federal Emergency Management Agency (FEMA). The last revision of this section ofthe
CVMC was in November 2002. On April 19, 2001, a representative of the California
Department of Water Resources (DWR) conducted a Community Assistance Visit to the City of
Chula Vista on behalf of FEMA. The purpose of the visit was to exchange information
regarding various requirements related to participating in the National Flood Insurance Program
(NFIP) coverage. As a result of this visit, staff received a letter requiring the adoption of a
floodplain management ordinance that would meet the minimum NFIP requirements as specified
in Title 44, Code of Federal Regulations. After review by various City departments and FEMA,
the latest revision was adopted on November 26,2002 by Ordinance 2889 (Attachment 1).
On August 18, 2006 a Community Assistance Visit with City staff was conducted by a
representative of the California Department of Water Resources (DWR) on behalf of FEMA.
Topics included the City's development review process, recent development in the floodplain
and the City's floodplain ordinance. As a result of this meeting and the review process, it was
determined that the City's existing floodplain ordinance needs to be amended in order to comply
with the latest revisions to the FEMA Model Ordinance. An interdepartmental team provided
input in order to assure that the new ordinance would be readable, would not conflict with other
portions of the Municipal Code and would be acceptable to FEMA. In order to do that, it was
decided to repeal the current Chapter 18.54 and replace it with the new Chapter 14.18 under Title
14: Watercourses. We sent our draft version of the Floodplain Ordinance to DWR on March 29,
2007. We subsequently received a letter from the DWR dated September 5, 2007, stating that
after adoption of the ordinance the City will be in full compliance with the minimum
requirements of the National Flood Insurance Program (Attachment 2).
The summary below outlines the changes necessary to meet the NFIP requirements:
. Additional definitions are included. Other definitions are included in the context of
specific sections. For example, "hardship" and "fraud and victimization" were discussed
in the variance section rather than in the definitions.
. New sections on garages and accessory structures and on recreational vehicles have been
added.
. . Specific requirements and prohibitions are given for construction within floodways. The
previous version only included the "regulatory floodway" in the definitions section.
. The duties of the Floodplain Administrator are specifically addressed, instead of only
referring to the duties of the City Engineer. Duties relating to the National Flood
Insurance Program and serving as the liaison with FEMA have been added. A section on
the duties ofthe Planning Director has been added.
. Application to the Floodplain Administrator is now the initial step in the variance
process, rather than application to an appeal board. The new wording also stipulates
payment of an application fee as designated in the Master Fee Schedule.
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12/04/07, ItemL
Page 3 of 3
A minor modification to Chapter 14.04, General Provisions, is also recommended. After this
ordinance is adopted, the City will be an NFlP-compliant community, and eligible to apply for
the Community Rating System process. This process is conducted by the Insurance Services
Office (1S0) of the NFlP, which provides information to over 1300 subscribing insurance
agencies. The ISO reviews applications and performs site visits in order to determine how many
points a municipality will receive under the following categories: providing public information,
mapping and regulations (including open space preservation and storm water management),
flood damage reduction (including drainage systems maintenance), and flood preparedness.
Depending on the rating assigned to the City, a 0 to 45 percent reduction in flood insurance
premiums will be available for affected property owners.
Chapter 19.50 of the CYMC, F-1 - Floodway Zone, may need to be modified in order to
conform with the Floodplain Ordinance. It is anticipated that amendment of the section of the
CYMC will be brought before Council at a later date after input is received from the Planning
Commission.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember John McCann has property holdings within 500 feet of the boundaries of the
100-year floodplain, which is the subject of this action.
FISCAL IMPACT
Passage of these ordinances will not have any fiscal impact on the City.
ATTACHMENTS
1. Ordinance 2889
2. Letter dated September 5, 2007 from Mark Stuart ofthe Department of Water
Resources
Prepared by: Elizabeth Chopp, Senior Civil Engineer, Engineering and General Services Department
File #KYOII. KY092
9-3
A TT A:::;.''''';;
/
ORDINANCE NO. 2889
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 18.54 OF THE CHULA VISTA MUNICIPAL CODE,
RELATING TO FLOODPlAIN REGUlATIONS
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Chapter 18.54 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Sections:
18.54.010
18.54.020
18.54.030
18.54.040
18.54.050
18.54.060
18.54.070
18.54.080
18.54.090
18.54.100
18.54.110
18.54.120
18.54.130
18.54.140
18.54.150
18.54.160
18.54.170
18.54.180
18.54.010
Chapter 18.54
FLOODPLAIN REGULATIONS
Purpose and intent.
Lands to which this chapter applies.
Basis for establishing the areas of special flood hazards.
Methods of Reducing Flood Losses.
Compliance.
Abrogation and Greater Restrictions.
Interpretation.
Warning and Disclaimer of Liability.
Severability .
Definitions.
Floodplain development-Permits required.
Floodplain development-Review by City Engineer.
Floodplain development--Review by Building Official.
Floodplain development--City Engineer action.
New water and sewage systems.
Alteration or relocation of watercourses.
Variance Procedure.
Ordinance supersedes any conflicting statutes.
Purpose and Intent.
In order to allow the City to participate in the Federal Flood Insurance Program (National
Flood Disaster Protection Act of 1973), it is required that the City adopt regulations controlling
the development of property within identified floodplains pursuant to the direction of said Act.
The City Council, therefore, assigns to the Building Official and to the City Engineer certain
added responsibilities, and they are authorized and directed to enforce all the provisions of this
chapter and all other ordinances of the city now in force or hereafter adopted, relating to zoning,
subdivision, or building codes. (Ord 2100 ~1 (part), 1985; Ord 1842 ~1 (part), 1978).
It is the purpose of this ordinance to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
a) protect human life and health;
. ..... ..9.:-A-.____._.
Ordinance 2889
Page 2
18.54.020
b)
c)
d)
e)
minimize expenditure of public money for costly flood control projects;
minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
minimize prolonged business interruptions;
minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of
special flood hazard.
help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future blighted areas caused by
flood damage;
ensure that potential buyers are notified that property is in an area of special flood
hazard; and
ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
f)
g)
h)
Lands to which this chapter applies.
The provisions of this Chapter 18.54 shall apply to all areas of special flood hazards,
areas of flood-related erosion hazards and areas of mudslide (i.e., mudflow) hazards within the
jurisdiction of the City of Chula Vista.
18.54.030
Basis for establishing the areas of special flood hazards.
The areas of special flood hazards identified by the Federal lnsurance Administration
(FlA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study
(FlS) dated June 19, 1997 and accompanying Flood Insurance Rate Maps (FIRMS) and Flood
Boundary and Floodway Maps (FBFMs), dated June 19, 1997, and all subsequent amendments
and/or revisions, are hereby adopted by reference and declared to be part of this title. This Flood
Insurance Study and attendant mapping is the minimum area of applicability of this title and may
be supplemented by studies of other areas which allow implementation of this title and which are
recommended to the City Council by the City Engineer. The study and Flood Insurance Rate
Maps (Community Panel Numbers 065021 0001-0007) are on file at the City Public Services
Building at 276 Fourth Avenue.
18.54.040
Methods of Reducing Flood Losses
In order to accomplish its purposes, this ordinance includes methods and provisions to:
A. restrict or prohibit uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or
flood heights or velocities;
B. require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
C. control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D. control filling, grading, dredging, and other development which may increase
flood damage; and
E. prevent or regulate the construction of flood barriers which will unnaturally divert
9-5
--r--
Ordinance 2889
Page 3
F.
flood waters or which may increase flood hazards in other areas.
Compliance.
18.54.050
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the term of this ordinance and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the
City Council from taking such lawful action as is necessary to prevent or remedy any violation.
18.54.060
Abrogation and Greater Restrictions.
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
18.54.070
Interpretation.
In the interpretation and application of this ordinance, all provisions shall be:
A. considered as minimum requirements;
B. liberally construed in favor of the governing body; and
C. deemed neither to limit nor repeal any other powers granted under state statutes.
18.54.080
Waming and Disclaimer of Liability.
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods can
and will occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This ordinance does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This ordinance shall
not create liability on the part of the City Council, any officer or employee thereof, the State of
California, or the Federal Insurance Administration, Federal Emergency Management Agency,
for any flood damages that result from reliance 00 this ordinance or any administrative decision
lawfully made hereunder.
18.54.090
Severability .
This ordinance and the various parts thereof are herehy declared to be severable. Should
any section of this ordiuance be declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the ordinance as a whole, or any portion thereof other
than the section so declared to be unconstitutional or invalid.
18.54.100
Definitions.
Unless specifically defined in this section, words or phrases nsed in this chapter shall be
interpreted so as to give them the same meaning as they have in common usage so as to give this
chapter its most reasonable application.
A. "Area of flood hazard" means areas within the community subject to a one
percent or greater chance of flooding in any given year.
9-6
Ordinance 2889
Page 4
B. "Basement" means any area of the building having its floor subgrade (below
ground level) on all sides.
C. "Base Flood" means the flood having a I percent chance of being equalled or
exceeded in any given year.
D. "Development" means any manmade change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations.
E. "Flood" means a temporary rise in a stream's flow or stage that results in water
overflowing its banks and inundating areas adjacent to the channel, or an unusual
and rapid accumulation of runoff or surface watel8 from any source.
F. "Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities, structures and
their contents.
G. "Fraud and victimization" as related to 18.54.170, variances, of this ordinance,
means that the variance granted must not cause fraud on or victimization of the
public. In examining this requirement, the City of Chula Vista will consider the
fact that every newly constructed building adds to government responsibilities and
remains a part of the community for fifty to one-hundred years. Buildings that are
permitted to be constructed below the base flood elevation are subject during all
those years to increased risk of damage from floods, while future ownel8 of the
property and the community as a whole are subject to all the costs, inconvenience,
danger, and suffering that those increased flood damages bring. In addition,
future ownel8 may purchase the property, unaware that it is subject to potential
flood damage, and can be insured only at very high flood insurance rates.
H. "Hardship" as related to 18.54.170, variances, of this ordinance means the
exceptional hardship that would result from a failure to grant the requested
variance. The City Council requires that the variance be exceptional, unusual,
and peculiar to the property involved. Mere economic or financial hardship alone
is not exceptional. Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one's neighbors likewise cannot, as a
rule, qualify as an exceptional hardship. All of these problems can be resolved
through other means without granting a variance, even if the alternative is more
expensive, or requires the property owner to build elsewhere or put the parcel to a
different use than originally intended.
I. "Highest Adj acent Grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
J. "Historic structure" means any structure that is:
1. listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
2. certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or
a district preliminarily determined by the Secretary to qualify as a
registered historic district;
3. individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary
of Interior; or
4. individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either by an
approved state program as determined by the Secretary of the Interior or
9-7
Ordinance 2889
Page 5
directly by the Secretary of the Interior in states without approved
programs.
K. "Lowest Floor" means the lowest of the lowest enclosed area (including
basement). An unfmished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement area, is
not considered a building's lowest floor, provided that such enclosure is not built
so as to render the structure in violation of the applicable non-elevation design
requirements of this chapter.
L. "Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. For flood
management purposes the term "manufactured home" also includes park trailers,
travel trailers, and other similar vehicles placed on a site for greater than 180
consecutive days. For insurance purposes the term "manufactured home" does
not include park trailers, travel trailer, and other similar vehicles.
M. "Manufactured home park or subdivision" means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
N. "One-hundred-year flood" means the condition of flooding having a one percent
chance of annual occurrence.
O. "Public safety and nuisance" as related to 18.54.170, variances, of this ordinance
means that the granting of a variance must not result in anything which is
injurious to safety or health of an entire community or neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use,
in the customary manner, of any navigable lake, or river, bay, stream, canal, or
basin.
P. "Regulatory flood elevation" means the water surface elevation of the
one-hundred-year flood.
Q. "Regulatory floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one foot.
The designated regulatory flood ways are the channels of the Sweetwater River
and Telegraph Canyon Creek shown on the current flood boundary and floodway
map, and the Otay River and Poggi Canyon Creek as shown on the county of San
Diego floodway map.
R. "Start of Construction" (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Public Law 97-348),
includes substantial improvement, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, placement
or other improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading and filling; nor does it include the
installation of streets, and/or walkways; nor does it include excavation for a
basement, footings, piers, or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessoty buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure.
S. "Structure" means a walled and roofed structure, including a gas or liquid storage
tank that is principally above the ground, including but without limitation to
buildings, factories, sheds, cabins, mobile homes and other similar uses.
- .... i1-8-.--.....-.----
Ordinance 2889
Page 6
T. "Substantial improvement" means any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds fifty percent of the market value of
the structure either:
1. Before the improvement is started; or
2. If the structure has been damaged and is being restored, before the damage
occurred.
For the purposes of this definition substantial improvement is considered to occur when
the first alteration of any wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration effects the external dimensions of the structure. The term does not,
however, include any alteration to comply with existing state or local health, sanitary, building or
safety codes or regulations, or structures listed in national or state registers of historic places.
18.54.110
Floodplain development--Permits required.
A.
No person, firm or corporation shall erect, construct, enlarge or improve any
building or structure, or begin development within areas of flood hazard in the
city or cause the same, including the placement of manufactured homes, to be
done without first obtaining a building permit for each such action.
To obtain such a building permit, the applicant shall first file an application
therefor in writing with the Building Official on a form furnished for that purpose.
Every such application shall:
1. Identify and describe the work to be covered by the permit for which
application is made;
2. Describe the land on which the proposed work is to be done by lot, block,
tract and house and street address, or similar description that will readily
identify and defmitely locate the proposed building of work;
3. Indicate the use or occupancy for which the proposed work is intended;
4. Be accompanied by necessary plans and specifications for the proposed
construction showing the nature, location, dimensions, and elevation of the
area in question; existing or proposed structures, fill, storage of materials,
drainage facilities; and the location of the foregoing;
5. Be signed by the applicant or the applicant's his authorized agent who
may be required to submit evidence to indicate such authority.
6. Be accompanied by elevations (in relation to sea level) of the lowest floor
(including basement) or in the case of floodproofed (as defined in this
chapter) nonresidential structures, the elevation to which it has been
floodproofed. Documentation or certification of such elevations will be
maintained by the Building Official.
7. Be accompanied by a certification, submitted by a licensed Civil Engineer,
Structural Engineer, or Architect, that the plans and specifications for the
proposed building or structure comply with the floodproofmg
requirements of the National Flood Insurance Program as revised. Said
licensed Civil Engineer, Structural Engineer or Architect, subsequent to
construction of the proposed building or structure but prior to final
approval for use or occupancy thereof, shall certify that such building or
structure has been so floodproofed and shall specify the elevation to which
such floodproofing is effective. This provision is not applicable to
manufactured homes.
8. Electrical, heating, ventilation, plumbing, and air-conditioning equipment
and other service facilities shall be designed and/or located as to prevent
B.
9-9
18.54.050
~
C.
Ordinance 2889
Page 7
water from entering or accumulating within the components during
conditions of flooding.
9. Give such other information as reasonably may be required by the
Building Official and the City Engineer.
In the coastal zone, development in floodplains shall also be required to obtain a
coastal development permit consistent with the applicable provisions of the
certified Local Coastal Program.
Floodplain development--Review by City Engineer.
The City Engineer shall review all development permit applications to determine if the
site of the proposed development is reasonably safe from flooding, that all applicable
requirements of the National Flood Insurance Program have been met, and that all necessary
permits have been received as required by federal or state law. Copies of such permits shall be
required part of permit applications.
STANDARDS FOR SUBDIVISIONS.
18.54.130
A.
B.
All preliminary subdivision proposals shall identify the special flood hazard area
and the elevation of the base flood.
All subdivision plans will provide the elevation of proposed structure(s) and
pad(s). If the site is filled above the base flood elevation, the lowest floor and pad
elevations shall be certified by a registered professional engineer or surveyor and
provided to the City Engineer.
All subdivision proposals shall be consistent with the need to minimize flood
damage.
All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood
damage.
All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
C.
D.
E.
Floodplain development--Review by Building Official
The Building Official, in reviewing all applications for new construction, substantial
improvements, prefabricated buildings, placement of manufactured homes and other
developments (as defined in this chapter) shall obtain, review and reasonably utilize any base
flood elevation and floodway data available from a federal, state or other source, as criteria for
requiring that new construction, substantial improvements, or other development in Zone A on
the official map meet the following standards:
1) STANDARDS OF CONSTRUCTION.
In all areas of special flood hazards the following standards are required:
A. Anchoring
1. All new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy.
2. All manufactured homes shall meet the anchoring standards to the
satisfaction of the Building Official.
9-10
- I
Ordinance 2889
Page 8
B. Construction materials and methods. All new construction and substantial
improvement shall be constructed
1. with flood resistant materials as specified in Federal Emergency
Management Agency (FEMA) Technical Bulletin TB 2-93, and utility
equipment resistant to flood damage;
2. using methods and practices that minimize flood damage;
3. with electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so
as to prevent water from entering or accumulating within the components
during conditions of flooding; and if
4. within Zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed
structures.
C. Residential structures and substantial improvements of residential structures shall
meet the following standards:
The lowest floor elevation (to include basement) of new residential structures shall be
elevated to a minimum of one foot above the regulatory flood elevation; except that in zone AO
the lowest floor (including basement) shall be as high as the depth number in feet above the
highest adj acent grade or two feet if no depth number is specified.
2) STANDARDS FOR UTILmES.
A. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
1. infiltration of flood waters into the systems, and
2. discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
All design of the project shall be certified by a registered professional in the respective
field of expertise.
3) STANDARDS FOR MANUFACTURED HOMES.
A. All manufactured homes that are placed on or substantially improved within a
special flood hazard area as identified on the City's flood insurance rate map and which
are:
1. Outside of a manufactured home park or subdivision; or
2. In a new manufactured home park or subdivision, or
3. In an expansion to an existing manufactured home park or subdivision, or
4. In an existing manufactured home park or subdivision within which a
manufactured home has incurred "substantial damage" as the result of a
flood.
5. shall be elevated on a permanent foundation such that the lowest floor of
the manufactured home is at least one foot above the base flood elevation
and be securely anchored to an adequately anchored foundation system to
resist flotation, collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within a special flood hazard area and
not subject to the provisions of Section 18.54.130.3.B.1 will be securely fastened to an
.. .9-11-
Ordinance 2889
Page 9
adequately anchored foundation system to resist flotation, collapse, and lateral
movement, and shall be elevated so that either:
1. The lowest floor of the manufactured home is at least one foot above the
base flood elevation, or
2. The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36
inches in height above grade.
3. All manufactured homes and associated improvements shall be certified
by a registered professional engineer and surveyor.
4) STANDARDS FOR NON-RESIDENTIAL STRUCTURES.
A. The lowest floor elevation (to include basement) of nonresidential structures be
elevated or floodproofed to a minimum of one foot above the regulatory flood
elevation; except that in zone AO the lowest floor (including basement) shall be
as high as the depth number in feet above the highest adjacent grade or two feet if
no depth number is specified; or together with attendant utility and sanitary
facilities be completely floodproofed to or above that level so that any space
below that level is watertight with walls substantially intpermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy;
B. Require the use of construction materials and utility equipment that are resistant
to floodwater damage;
C. Require the use of construction methods and practices that will minimize flood
damage;
D. Be designed or anchored to prevent the flotation, collapse or lateral movement of
the structure or portions of the structure due to flooding. Said design shall be
certified by a registered professional engineer and surveyor;
For all new construction and substantial improvements, fully enclosed areas below the
lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered professional engineer or
architect or must meet or exceed the following minimum criteria: A minimum of two openings
have a total net area of not less than one square inch for every square foot of enclosed area
subject to flooding shall be provided. The bottom of all openings shall be no higher than one
foot above grade. Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
18.54.140
Floodplain development--City Engineer action.
The City Engineer shall review all subdivision and land development permit applications
and shall make findings of fact and assure that:
A. All such proposed developments are consistent with the need to minimize flood
damage;
B. Proposals for subdivisions and other new development incorporating more than
five acres of fifty lots, whichever is lesser, show on tentative parcels maps, tentative
subdivision maps or site plans, regulatory flood elevation data for any included area
designated zone A, zone AI-3D or zone AO;
C. Adequate drainage is provided so as to reduce exposure to flood hazards;
D. All public utilities and facilities are located so as to minintize or eliminate flood
damage;
._ 9..-:-.1.2......_.
Ordinance 2889
Page 10
E. The natural landscape of all designated floodways and major watercourses is
substantially preserved;
F. An evacuation plan indicating alternate vehicular access and escape routes is fIled
with appropriate Disaster Preparedness Authorities for manufactured home parks and
manufactured home Subdivisions located within zone A, zones A1-30 and zone AO;
G. Within zones A1-30, new manufactured home parks and manufactured home
subdivisions, expansions to existing manufactured home parks and manufactured home
subdivisions, and existing manufactured home parks and manufactured home
subdivisions where the repair, reconstruction or improvement of the streets, utilities and
pads equals or exceeds fifty percent of the value of the streets, utilities and pads before
the repair, reconstruction or improvement has commenced have:
1. Stands or lots elevated on compacted fill or on pilings so that the lowest
floor of the manufactured home will be at least one foot above the base
flood level,
2. Adequate surface drainage and access for a hauler, and
3. In the instance of elevation on pilings, lots are large enough to permit
steps, piling foundations are placed in stable soil no more than ten feet
apart, and reinforcement is provided for pilings more than six feet above
the ground level;
H. Any encroachments, including fill, new construction, substantial improvements,
and other developments within the designated regulatory floodways that would result in
any increase in flood levels during the occurrence of a one-hundred-year flood discharge
are prohibited.
I. In the coastal wne, the City Engineer shall review all subdivision and land
development permit applications and shall recommend to the City Council findings as to
whether any proposed subdivision complies with the provisions of the certified Local
Coastal Program and the standards of Subsections A-H, above.
18.54.150
New water and sewage systems.
New water and sewer systems shall be constructed to eliminate or minimize infiltration
by, or discharge into, floodwaters. Moreover, on-site waste disposal systems will be designed to
avoid impairment or contamination during flooding. (Ord 2100 !il (part), 1985; Ord 1842 !i1
(part), 1978).
18.54.160
Alteration or relocation of watercourses.
The City Engineer shall review all plans for alteration or relocation of any watercourse
within the City to assure that the flood-carrying capacity of such watercourse is maintained. The
City will notify, in riverain situations, affected communities and the state coordinating office
prior to any alteration or relocation of a watercourse, and submit copies of such notifications to
the administrator of the Federal Insurance Administration. Moreover, City Officers will work
with appropriate State and Federal agencies in complying with the National Flood Insurance
Program in accordance with the National Flood Disaster Protection Act of 1973. In the coastal,
any subdivision that involves the alteration or relocation of a stream shall also conform to the
applicable provisions of the certified local coastal program.
18.54.170
Variance Procedure
1) NATURE OF VARIANCES.
9-13
Ordinance 2889
Page 11
The variance criteria set forth in this section of the ordinance are based on the general
principle of zoning law that variances pertain to a piece of property and are not personal in
nature. A variance may be granted for a parcel of property with physical characteristics so
unusual that complying with the requirements of this ordinance would create an exceptional
hardship to the applicant or the surrounding property owners. The characteristics must be unique
to the property and not be shared by adjacent parcels. The unique characteristic must pertain to
the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the City of Chula Vista to help protect its citizens from flooding. This
need is so compelling and the implications of the cost of insuring a structure built below flood
level are so serious that variances from the flood elevation or from other requirements in the
flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and
damage can only be met if variances are strictly limited. Therefore, the variance guidelines
provided in this ordinance are more detailed and contain multiple provisions that must be met
before a variance can be properly granted. The criteria are designed to screen out those
situations in which alternatives other than a variance are more appropriate.
2) APPEAL BOARD.
A. In passing upon requests for variances, the Board of Appeals and Advisors shall
consider all technical evaluations, all relevant factors, standards specified in other
sections of this ordinance, and the
1. danger that materials may be swept onto other lands to the injury of
others;
2. danger of life and property due to flooding or erosion damage;
3. susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the existing individual owner and future
owners of the property;
4. importance of the services provided by the proposed facility to the
community;
5. necessity to the facility of a waterfront location, where applicable;
6. availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
7. compatibility of the proposed use with existing and anticipated
development;
8. relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9. safety of access to the property in time of flood for ordinary and
emergency vehicles;
10. expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters expected at the site; and
11. costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water system, and streets and
bridges.
B. Any applicant to whom a variance is granted shall be given written notice over the
signature of a Building Official that:
1. the issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to amounts as
high as $25 for every $100 of insurance coverage, and
2. such construction below the base flood level increases risks to life and
property. 11 is recommended that a copy of the notice shall be recorded by the
9-14
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Ordinance 2889
Page 12
Building Official in the office of the County Recorder and shall be recorded in a
manner so that it appears in the chain of title of the affected parcel of land.
C. The Building Official will maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its biennial report
submitted to the Federal Insurance Administration, Federal Emergency Management
Agency.
3) CONDITIONS FOR VARIANCES.
A. Generally, variances may be issued for new construction, substantial
improvement, and other proposed new development to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level. As the lot size increases beyond one-half acre,
the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures" (as
defined in 18.54.030 of this ordinance) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as an historic
structure and the variance is the minimum necessary to preserve the historic character and
design of the structure.
C. Variances shall not be issued within any mapped regulatory f100dway if any
increase in flood levels during the base flood discharge would result.
D . Variances shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief. "Minimum
necessary" means to afford relief with a minimum of deviation from the requirements of
this ordinance. For example, in the case of variances to an elevation requirement, this
means the Board of Appeals and Advisors need not grant permission for the applicant to
build at grade, or even to whatever elevation the applicant proposes, but only to that
elevation which the City of Chula Vista believes will both provide relief and preserve the
integrity of the local ordinance.
E. Variances shall only be issued upon a:
1. showing of good and sufficient cause;
2. determination that failure to grant the variance would result in exceptional
"hardship" (as defmed in 18.54.100 of this ordinance) to the applicant; and
3. determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create a nuisance (as defined in 18.54.100- see "Public safety or
nuisance''), cause fraud or victimization (as defined in 18.54.1(0) of the
public, or conflict with existing local laws or ordinances.
F. Variances may be issued for new construction, substantial improvement, and
other proposed new development necessary for the conduct of a functionally dependent
use provided that the structure or other development is protected by methods that
minimize flood damages during the base flood and does not result in additional threats to
public safety and does not create a public nuisance.
G. The City of Chula Vista may attach such conditions to the granting of variances as
it deems necessary to further the purposes of this ordinance.
18.54.180
Ordinance supersedes any conflicting statutes.
This chapter shall take precedence over conflicting ordinances or parts of ordinances.
The City Council may, from time to time, amend the ordinance codified in this chapter to reflect
any and all changes in the National Flood Insurance Program Regulations.
9-15
Ordinance 2889
Page 13
In the coastal zone, where conflicts arise between this ordinance and the certified Local
Coastal Program, the latter shall prevail.
SECTION II: This ordinance shall become effective upon the thirtieth day from and after its
second reading and adoption.
Presented by
Approved as to form by
~4, /G r?
J P. Lippitt Jo . Kaheny ZJ
ublic Works Director . Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of November, 2002, by the following vote:
AYES:
Councilmembers:
Davis, Padilla, Rindone, Salas and Horton
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
A'ITEST:
~ . ! 6-..A-l~y(......& CJ J
Susan Bigelow, 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. 2889 had its first reading at a regular meeting held on the 19th day of November,
2002 and its second reading and adoption at a regular meeting of said City Council held on the
26th day of November, 2002.
Executed this 26th day of November, 2002.
- ~<Lt...~'i?'~
Susan Bigelow, City Clerk
9-16
STATE OF CALIFORNIA - THE RESOURCES AGENCY
ATIACHMENT Z
ARNOLD SCHWARZENEGGER. Govemor
DEPARTMENT OF WATER RESOURCES
SOUTHERN DISTRICT
770 FAIRMONT AVENUE. SUITE 102
GLENDALE. CA 91203-1035
SEP 5 Z007
Honorable Stephen C. Padilla
Mayor of the City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Dear Mayor Padilla:
The California Department of Water Resources thanks your staff for its March 29, 2007
t;ansmittal of a draft copy of your community's floodplain management ordinance
(Chapter 18.54 of Chula Vista's Municipal Code), as requested in our October 26,2006
Community Assistance Visit Report.
After the adoption of this floodplain management ordinance your community will be in
full compliance with the minimum National Flood Insurance Program requirements as
specified in Title 44, Code of Federal Regulations, Sections 59, 60.3 through 60.6.
Please submit to this office two certified copies of the approved ordinance for our
records. On behalf of FEMA, I commend your staff for their excellent work in preparing
the ordinance.
This concludes DWR's role in this Community Assistance Visit with your community. If
you have any questions concerning this letter or any aspect of the NFl P, please contact
Mr. Salomon Miranda of my staff at (818) 500-1645 extension 245 or at
salomon@water.ca.qov. I can be reached at (818) 500-1645 extension 222.
Sincerely,
Mark Stuart, Chief
Southern District
cc: Ms. Elizabeth Chopp, Senior Civil Engineer /
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
9-17
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA,
REPLACING CHAPTER 18.54 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO FLOODPLAIN
REGULATIONS WITH CHAPTER 14.18
WHEREAS, on August 18, 2006 a Community Assistance visit was conducted by
a representative of the California Department of Water Resources (DWR) on behalf of
the Federal Emergency Management Agency (FEMA) for the City ofChula Vista; and
WHEREAS, as a result of that meeting and the review process, staff determined
that the City's existing floodplain ordinance, which was codified in Chula Vista
Municipal Code Chapter 18.54, needed to be revised to comply with the latest revisions
to the FEMA Model Ordinance; and
WHEREAS, staff submitted its recommended revisions to the floodplain
ordinance to DWR; and
WHEREAS, staff received a letter from the DWR dated September 5, 2007,
stating that, after adoption of the proposed ordinance, the City will be in full compliance
with the National Flood Insurance Program; and
WHEREAS, the legislature of the State of California has, in Government Code
Sections 65302, 65560 and 65800, conferred upon local governments the authority to
adopt regulations designed to promote the public health, safety and general welfare of the
citizenry .
NOW THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
That Chula Vista Municipal Code chapter 18.54 be replaced with the following chapter
14.18:
Chapter 14.18
FLOODPLAIN REGULATlONS*
Sections:
14.18.010 Purpose and Intent
14.18.020 Lands to which this chapter applies.
14.18.030 Basis for establishing the areas of special flood hazards.
14.18.040 Methods of reducing flood losses.
14.18.050 Compliance.
14.18.060 Abrogation and greater restrictions.
14.18.070 Interpretation.
14.18.080 Warning and disclaimer ofliability.
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14.18.090 Severability.
14.18.100 Definitions.
14.18.110 Development in special flood hazard areas.
14.18.120 Application requirements.
14.18.130 Standards for building construction in SFHA.
14.18.140 Standards for Utilities.
14.18.150 Standards forresidential structures.
14.18.160 Standards for nonresidential structures.
14.18.170 Standards for garages and accessory structures.
14.18.180 Standards forrecreationa1 vehicles.
14.18.190 Standards for manufactured homes.
14.18.200 Standards for repair, reconstruction or improvement of streets,
utilities, and pads in manufactured home parks.
14.18.210 Standards for floodways.
14.18.220 Standards for subdivisions and large developments.
14.18.230 Duties of City Engineer as Floodplain Administrator.
14.18.240 Duties of the Building Official.
14.18.250 Duties of the Planning Director.
14.18.260 Alteration or relocation of watercourses.
14.18.270 Floodplain variances.
14.18.280 Findings necessary for variances.
14.18.290 Board of appeals.
14.18.300 Chapter supersedes any conflicting statutes.
* Prior legislation: Ords. 1842,2039,2100,2170,2197,2248,2386,2506,
2790, and 2889.
14.18.010 Purpose and intent.
A. The flood areas of the City ofChula Vista could be subject to periodic inundation
that could result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare. These flood losses could be caused by land
uses that are inadequately elevated, floodproofed, or protected from flood damage. The
cumulative effect of obstructions in areas of special flood hazards which increase flood
heights and velocities also contribute to flood losses.
B. In order to participate in the Federal Flood Insurance Program (National Flood
Disaster Protection Act of 1973), the City must adopt regulations controlling the
development of property within identified floodplains pursuant to the direction of said
Act. The Building Official and the City Engineer are therefore assigned certain added
responsibilities, and they are authorized and directed to enforce all the provisions of this
chapter.
C. It is the purpose of this chapter to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
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1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of special
flood hazard;
6. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future blighted areas
caused by flood damage;
7. Ensure that potential buyers are notified that property is in an area of special
flood hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
14.18.020 Lands to which this chapter applies.
The provisions of this chapter shall apply to all areas of special flood hazards (SFHAs),
within the jurisdiction of the City of Chula Vista.
14.18.030 Basis for establishing the areas ofspecial flood hazards.
A. The areas of special flood hazards identified by the Federal Insurance
Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the
Flood Insurance Study (FIS) dated June 19, 1997, and accompanying Flood Insurance
Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated June 19,
1997, and all subsequent amendments and/or revisions, are hereby adopted by reference
and declared to be part ofthis title.
B. This Flood Insurance Study and attendant mapping define the minimum area of
applicability of this chapter and may be supplemented by studies of other areas which are
recommended to the City Council by the City Engineer. The Study and Flood Insurance
Rate Maps are on file at the City Public Services Building at 276 Fourth Avenue.
14.18.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due
to water or erosion hazards, or which result in damaging increases in erosion or flood
heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel flood waters;
D. Control filling, grading, dredging, and other development which may increase
flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards in other areas.
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14.18.050 Compliance.
No structure or land shall be constructed, located, extended, converted, or altered
without full compliance with the terms of this chapter and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor. Nothing in this
chapter shall prevent the City from taking such lawful action as is necessary to prevent or
remedy any violation.
14.18.060 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
14.18.070 Interpretation.
In the interpretation and application of this chapter, all provisions shall be considered as
minimum requirements, liberally construed in favor of the governing body; and deemed
neither to limit nor repeal any other powers granted under state statutes.
14.18.080 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by manmade
or natural causes. This chapter does not imply that land outside the areas of the SFHAs or
uses permitted within such SFHAs will be free from flooding or flood damages. This
chapter shall not create liability on the part of the City, or any of its elected or appointed
officials, officers, or employees, the State of California, the Federal Insurance
Administration, or the Federal Emergency Management Agency, for any flood damages
that result from reliance on this chapter or any administrative decision lawfully made
pursuant to this chapter.
14.18.090 Severability.
This chapter and its various parts are declared to be severable. Should any section of
this chapter be declared by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the chapter as a whole, or any portion other than the section so
declared to be unconstitutional or invalid.
14.18.100 Definitions.
Unless specifically defined in this section, words or phrases used in this chapter shall be
interpreted so as to give them the same meaning as they have in common usage so as to
give this chapter its most reasonable application.
A. "Accessory structure, low-cost and small" means a structure that is solely for the
parking of no more than 2 cars; or limited storage (small, low cost sheds).
B. "Appeal" means a request for a review of the Floodplain Administrator's or
Building Official's interpretation of any provision of this chapter.
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("
C. "Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the IOO-year flood).
D. "Base flood elevation (BFE)" means the water surface level of a watercourse or
waterbody referenced to an established datum, that corresponds to a flood event that has a
one percent chance of being equaled or exceeded in any given year.
E. "Basement" means any area of the building having its floor sub grade (below
ground level) on all sides.
F. "Development" means any manmade change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining, dredging,
filling, grading, paving, excavation, or drilling operations.
G. "Elevation Certificate" means a document of the National Flood Insurance
Program (NFIP) used to provide elevation information necessary to ensure compliance
with community floodplain management ordinances, to determine the proper insurance
premium rate, and to support a request for a Letter of Map Amendment or Revision
(LOMA or LOMR-F).
H. "Encroachment" means the advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a floodplain that may
impede or alter the flow capacity of a floodplain.
1. "Flood" means a temporary rise in a stream's flow or stage that results in water
overflowing its banks and inundating areas adjacent to the channel, or an unusual and
rapid accumulation of runoff or surface waters from any source.
J. "Floodproofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents.
K. "Flood Boundary and Floodway Map (FBFM)" means the official map on which
the Federal Emergency Management Agency or Federal Insurance Administration has
delineated both the areas of special flood hazards and the floodway.
L. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the
community.
M. "Flood Insurance Study" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the
Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
N. "Floodplain or flood-prone area" means any land area susceptible to being
inundated by water from any source - see "Flood."
O. "Floodplain Administrator" means the City Engineer.
P. "Floodplain management" means the operation of an overall program of
corrective and preventive measures for reducing flood damage and preserving and
enhancing, where possible, natural resources in the floodplain, including, but not limited
to, emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
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Q. "Floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot. See "Regulatory Floodway."
R. "Grading" means any excavating or filling or combination thereof and shall
include the land in its excavated or filled conditions.
S. "Historic resource" means any structure, site, building, object, or natural feature
that is:
1. Listed or determined to be an eligible resource for listing in the National
Register of Historic Places (a listing maintained by the Department ofInterior);
2. Listed in or determined to be an eligible resource for listing in the California
Register of Historical Resources;
3. Listed in or determined to be an eligible resource for listing in the Chula Vista
register of historic sites; and
4. Any historic resource that the City determines to be historically significant
provided that the determination of historical significance is supported by substantial
evidence in light of the whole record.
F or the purposes of this definition, "eligible resource" means a historic resource
that is not listed on the National Register, the California Register, or the Chula Vista list
register of Historic Sites and/or is not included in the local historic resources inventory,
but appears to meet one or more of the criteria for designation.
T. "Land Development Permit" means as defined in CYMC chapter 15.04.
u. "Letter of Map Revision (LOMR)" is a letter issued by FEMA stating that a
particular structure or parcel of land is removed from the 100-year floodplain, generally
due to grading or construction of flood control projects. A developer or government
agency constructing an eligible project within the 100-year floodplain (as shown on the
most recent Flood Insurance Rate Map or subsequent LOMRs) is required to apply for a
LOMR.
V. "Lowest floor" means the lowest of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an area other than a basement area, is not
considered a building's lowest floor; provided, that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of
this chapter.
W. "Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. For flood management
purposes the term manufactured home also includes park trailers, travel trailers, and other
similar vehicles placed on a site for greater than 180 consecutive days. For insurance
purposes the term manufactured home does not include park trailers, travel trailers, and
other similar vehicles.
x. "Manufactured home park or subdivision" means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
Y. "Mean sea level" means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum
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(NAVD) of 1988, or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
Z. "New construction," for floodplain management purposes, means structures for
which the start of construction commenced on or after November 14, 1978, and includes
any subsequent improvements to such structures.
AA. "Obstruction" includes, but is not limited to, any dam, wall, wharf,
embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge,
conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or
other material in, along, across or projecting into any watercourse which may alter,
impede, retard or change the direction and/or velocity of the flow of water, or due to its
location, its propensity to snare or collect debris carried by the flow of water, or its
likelihood of being carried downstream.
AB. "One-hundred (100) year flood" means the condition of flooding having a one
percent chance of annual occurrence. See "Base flood."
AC. "Recreational vehicle" means a vehicle that is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck;
and
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
AD. "Regulatory flood elevation" means the water surface elevation of the 100-year
flood.
AE. "Regulatory floodway" means the channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot. The designated
regulatory floodways are the channels of the Sweetwater River and Telegraph Canyon
Creek shown on the current Flood Boundary and Floodway Map, and the Otay River and
Poggi Canyon Creek as shown on the County of San Diego floodway map.
AF. "Riverine" means relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
AG. "Special flood hazard area (SFHA)" means an area in the floodplain subject to a
1 percent or greater chance of flooding in any given year. It is shown on a Flood Hazard
Boundary Map (FHBM) or FIRM as Zone A, AO, AI-A30, AE, A99, AH.
AH. "Start of construction," except as defined under the Coastal Barrier Resources
Act (Public Law 97-348), is the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement, or other improvement is within
180 days of the permit date. This does not include land preparation, street construction,
excavation, the erection of temporary forms or installation on the property of accessory
structures.
AI. "Structure" means a walled and roofed structure, including a gas or liquid
storage tank that is principally above the ground, including, but without limitation to,
buildings, factories, sheds, cabins, mobile homes, and other similar uses.
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AJ. "Substantial damage" means damage of any ongm sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would equal
or exceed 50 percent of the market value of the structure before the damage occurred.
AK. "Substantial improvement" means any reconstruction, rehabilitation, addition,
or improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the start of the construction of the improvement. This
term includes structures have incurred substantial damage, regardless of the actual repair
work performed. However, the term does not include either:
1. Any project for improvement of a structure to correct existing violations or
state or local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
2. Any alteration of a historic resource, provided that the alteration would not
preclude the structure's continued designation as a historic resource.
F or the purposes of this chapter, substantial improvement is considered to occur
when the first alteration of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration effects the external dimensions of the
structure. The term does not, however, include any alteration to comply with existing
state or local health, sanitary, building or safety codes or regulations, or structures listed
in national or California registers of historic places.
AL. "Variance" means a grant of relief from the requirements of this chapter that
permits construction in a manner that would otherwise be prohibited by this chapter.
AM. "Violation" means the failure of a structure or other development to be fully
compliant with this chapter. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in this chapter is
presumed to be in violation until such time as that documentation is provided.
AN. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood damage may occur.
AO. "Zone" means an area delineated on the Flood Insurance Rate Maps and Flood
Hazard Boundary Maps with respect to its potential flood hazard. See "Special flood
hazard area."
14.18.110 Floodplain development - Permits required.
No person, including property owners, contractors, private engineers or others, shall
erect, construct, enlarge, or improve any building or structure, or begin development within
a SFHA, including the placement of manufactured homes, without first obtaining a
building permit, land development permit, or any other permit required pursuant to CVMC
chapters 15.04 and 15.08 for each such action.
14.18.120 Application requirements.
A. Each application for a building permit, land development permit, or any other
permit required pursuant to CVMC chapters 15.04 and 15.08 in a SFHA shall include:
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1. Necessary plans and specifications for the proposed construction showing the
nature, location, dimensions, and elevation of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities;
2. Elevations (in relation to sea level) of the lowest floor (including basement) or
in the case of floodproofed nonresidential structures, the elevation to which it has been
floodproofed. Certification, submitted by a licensed civil engineer, structural engineer, or
architect, that the plans and specifications for any proposed building or structure comply
with the floodproofing requirements of the National Flood Insurance Program as revised;
3. Evidence that electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of flooding; and
4. Any other information as reasonably may be required by the building official
and the city engineer.
B. In the coastal zone, development in SFHAs shall also be required to obtain a
coastal development permit consistent with the applicable provisions of the certified
Local Coastal Program.
14.18.130 Standards for building construction in SFHA.
A. A Conditional Letter of Map Revision (CLOMR) shall be obtained prior to the
construction of a proposed flood control project based on design plans approved by the
City. Construction of the proposed flood control project and land preparation as specified
in the start of construction definition will be allowed after the CLOMR is approved by
FEMA.
B. All LOMRs for flood control projects shall be approved by FEMA prior to the
issuance of building permits. Building permits shall not be issued based on CLMORs.
C. The following requirements pertain to construction in areas that have not been
removed from the SFHA by an approved LOMR:
1. All new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. All new construction and substantial improvements shall be constructed:
a. With flood resistant materials as specified in FEMA Technical Bulletin
TB 2-93, and utility equipment resistant to flood damage;
b. Using methods and practices that minimize flood damage;
c. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding; and
d. Within zones AH or AO, so that there are adequate drainage paths around
the structures on slopes to guide flood waters around and away from the structures.
3. All new construction and substantial improvements of structures with fully
enclosed areas below the lowest floor (excluding basements) that are usable solely for
parking of vehicles, building access or storage, and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing
for the entry and exit of floodwater. Designs for meeting this requirement must be
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certified by a registered civil or structural engineer or architect or must meet or exceed
the following minimum criteria:
a. For non-engineered openings:
i. Have a minimum of two openings on different sides having a total net
area of not less than one square inch for every square foot of enclosed area subject to
flooding;
ii. The bottom of all openings shall be no higher than one foot above
grade;
iii. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry and exit of floodwater;
and
iv. Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to directly enter.
14.18.140 Standards for utilities.
A. The design of all new and replacement water supply and sanitary sewage systems
shall be certified by a registered professional in the respective field of expertise. All new
and replacement water supply and sanitary sewage systems shall be designed and
constructed to minimize or eliminate infiltration of flood waters into the systems and
discharge from the systems into floodwaters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
14.18.150 Standards for residential structures.
For all new construction and substantial improvements of residential structures, the
lowest floor elevation (to include basement) of new residential structures shall be elevated
to a minimum of one foot above the regulatory flood elevation; except that in zone AO, the
lowest floor (including basement) shall be as high as the depth number in feet above the
highest adjacent grade or two feet if no depth number is specified.
14.18.160 Standards for nonresidential structures.
A. All new construction and substantial improvements of nonresidential structures
shall meet the following standards:
1. The lowest floor elevation (to include basement) of nonresidential structures
shall be elevated or floodproofed to a minimum of one foot above the regulatory flood
elevation; except that in zone AO, the lowest floor (including basement) shall be as high
as the depth number in feet above the highest adjacent grade, or two feet if no depth
number is specified. In the alternative, attendant utility and sanitary facilities shall be
completely floodproofed to or above that level so that any space below that level is
watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
2. Construction materials and utility equipment shall be resistant to floodwater
damage;
3. Construction methods and practices shall minimize flood damage; and
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4. The design of all new construction and substantial improvements of
nonresidential structures shall be certified by a registered professional engineer and
surveyor and shall be designed or anchored to prevent the flotation, collapse or lateral
movement of the structure or portions of the structure due to flooding.
B. Any nonresidential structure proposed to be floodproofed in accordance with this
chapter shall be certified by a licensed civil engineer, structural engineer or architect,
subsequent to construction of the proposed building or structure but prior to final approval'
for use or occupancy thereof and the elevation to which such floodproofing is effective
shall be specified.
14.18.170 Standards for garages and accessory structures.
A. Attached garages.
1. All garages attached to a residential structure and constructed with the garage
floor slab below the BFE shall be designed to allow for the automatic entry and exit of
floodwaters. Areas of the garage below the BFE shall be constructed with flood resistant
materials as specified in FEMA Technical Bulletin TB 2-93.
B. Detached garages and accessory structures.
1. Accessory structures used solely for parking (2 car detached garages or
smaller) or limited storage (small, low-cost sheds), may be constructed such that its floor
is below the BFE, provided the structure meets the following standards:
a. The accessory structure shall be used only for parking or limited storage;
b. The portions of the accessory structure located below the BFE shall be
built using flood-resistant materials;
c. The accessory structure shall be adequately anchored to prevent flotation,
collapse and lateral movement;
d. Any mechanical and utility equipment in the accessory structure shall be
elevated or floodproofed to or above the BFE;
e. The accessory structure must comply with floodplain encroachment
provisions in section 14.18.210;
f. The accessory structure shall be designed to allow for the automatic entry
and exit of floodwaters; and
g. The below-grade parking areas shall comply with the requirements in
FEMA Technical Bulletin TB-6.
14.18.180 Standards for recreational vehicles.
All recreational vehicles placed in Zones AI-30, AH, and AE shall either:
A. Be on the site for fewer than 180 consecutive days; or
B. Be fully licensed and ready for highway use. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached additions;
or
C. Have a permit required in section 14.18.110 and meet the elevation and anchoring
requirements for manufactured homes in section 14.18.190.
14.18.190 Standards for manufactured homes.
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A. All manufactured homes that are placed on or substantially improved within a
special flood hazard area and which are:
1. Outside of a manufactured home park or subdivision; or
2. In a new manufactured home park or subdivision; or
3. In an expansion to an existing manufactured home park or subdivision; or
4. In an existing manufactured home park or subdivision within which a
manufactured home has incurred "substantial damage" as the result of a flood shall be
certified by a registered professional engineer and surveyor and shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is at least one
foot above the base flood elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within a special flood hazard area and
not subject to the provisions of subsection A of this section shall be certified by a
registered professional engineer and surveyor and shall be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral
movement, and shall be elevated so that either:
1. The lowest floor of the manufactured home is at least one foot above the base
flood elevation; or
2. The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in
height above grade.
14.18.200 Standards for repair, reconstruction or improvement of streets, utilities,
and pads in manufactured home parks.
The following standards apply within zones AI-30 for new manufactured home parks
and manufactured home subdivisions, expansions to existing manufactured home parks
and manufactured home subdivisions, and existing manufactured home parks and
manufactured home subdivisions. All repair, reconstruction or improvement of the
streets, utilities and pads which equals or exceeds 50 percent of the value of the streets,
utilities and pads before the repair, reconstruction or improvement has commenced shall
comply with the following standards:
A. Stands or lots shall be elevated on compacted fill or on pilings so that the lowest
floor of the manufactured home will be at least one foot above the base flood level;
B. Surface drainage and access for a hauler shall be adequate; and
C. In the instance of elevation on pilings, lots shall be large enough to permit steps,
piling foundations shall be placed in stable soil no more than 10 feet apart, and
reinforcement shall be provided for pilings more than six feet above the ground level.
14.18.210 Standards for floodways.
Because floodways are an extremely hazardous area due to the velocity of
floodwaters that carry debris and potential projectiles, and have erosion potential, the
following standards apply:
A. Until a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted within Zones AI-
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30 and AE, unless it is demonstrated that the cumulative effect of the proposed
development, when combined with all other development, will not increase the water
surface elevation of the base flood more than I foot at any point within the City;
B. Within an adopted regulatory floodway, encroachments, including fill, new
construction, substantial improvements, and other development are prohibited unless
certification by a registered civil engineer is provided demonstrating that the proposed
encroachment shall not result in any increase in flood levels during the occurrence of the
base flood discharge; and
C. All new construction, substantial improvement, and other proposed development
in a floodway shall comply with all other applicable provisions of chapter 14.18.
14.18.220 Standards for subdivisions and large developments.
A. All proposals for subdivisions and other new development incorporating more
than five acres or 50 lots, whichever is lesser, shall show on tentative parcel maps,
tentative subdivision maps or site plans, regulatory flood elevation data for any included
area designated zone A, zone AI-30 or zone AO.
B. All preliminary subdivision proposals shall identify the special flood hazard area
and the elevation of the base flood.
C. All subdivision plans shall provide the elevation of proposed structure(s) and
pad(s). If the site is filled above the base flood elevation, the lowest floor and pad
elevations shall be certified by a registered professional engineer or surveyor.
D. All subdivision proposals shall be consistent with the need to minimize flood
damage.
E. All subdivision proposals shall have public utilities and facilities such as sewer,
gas, electrical and water systems located and constructed to minimize flood damage.
F. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
14.18.230 Duties of City Engineer as floodplain administrator.
A. The City Engineer shall act as the Floodplain Administrator and shall administer,
implement, and enforce the standards and regulations of chapter 14.18 by granting or
denying land development permits, or other permits in accordance with the terms of
chapter 14.18.
B. The duties and responsibilities of the Floodplain Administrator shall include, but
not be limited to, the following:
I. Prior to issuance, review all building permits, land development permits, or
any other permits required pursuant to chapters 15.04 and 15.08 to assure that:
a. All proposed developments are consistent with the need to minimize flood
damage;
b. Adequate drainage is provided so as to reduce exposure to flood hazards;
c. All public utilities and facilities are located so as to minimize or eliminate
flood damage;
d. The natural landscape of all designated floodways and major watercourses
is substantially preserved;
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e. An evacuation plan indicating alternate vehicular access and escape routes
is filed with appropriate disaster preparedness authorities for manufactured home parks
and manufactured home subdivisions located within zone A, zones AI-30 and zone AO;
f. Any encroachments, including fill, new construction, substantial
improvements, and other developments within the designated regulatory floodways that
would result in any increase in flood levels during the occurrence of a 100-year flood
discharge are prohibited; and
g. In the coastal zone, all subdivision and land development permit
applications comply with the provisions of the certified Local Coastal Program and the
standards of subsections a.) through f.) of this section.
2. Prior to issuance, review all land development permits, or other permits to
determine if the site of the proposed development is reasonably safe from flooding, that
all applicable requirements of the National Flood Insurance Program have been met, and
that all necessary permits have been obtained as required by federal or state law. Any
permits required by federal or state law shall be obtained by the applicant prior to
issuance of any permit by the City.
3. Submit or assure that the permit applicant submits technical or scientific data
to FEMA for a LOMR, within 6 months of information becoming available or project
completion, whichever comes first, so that, upon confirmation of those physical changes
affecting flooding conditions, risk premium rates and floodplain management
requirements are based on current data.
4. Notify FEMA in writing whenever the City boundaries have been modified by
annexation or other means and include a copy of a map of the community clearly
delineating the new City limits.
5. Make interpretations as to the exact location of the boundaries of the SFHAs
where there appears to be a conflict between a mapped boundary and actual field
conditions. The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in section 14.18.290.
6. Take action to remedy violations of this ordinance.
7. Complete and submit Biennial Reports to FEMA.
8. Work with appropriate state and federal agencies in complying with the
National Flood Insurance Program in accordance with the National Flood Disaster
Protection Act of 1973.
14.18.240 Duties ofthe Building Official.
The duties and responsibilities of the Building Official shall include, but not be
limited to, obtaining, reviewing, and reasonably utilizing any base flood elevation and
floodway data available from a federal, state or other source, and assuring that all new
construction, substantial improvements, placement of manufactured homes and
prefabricated buildings, or other development in the SFHA meets all applicable standards
in this chapter.
14.18.250 Duties of the Planning Director.
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The duties and responsibilities of the Planning Director shall include, but not be
limited to, assuring that the General Plan is consistent with floodplain management
objectives in this chapter.
14.18.260 Alteration or relocation of watercourses.
The Floodplain Administrator shall review all plans for alteration or relocation of any
watercourse within the City to assure that the flood-carrying capacity of such watercourse
is maintained. Prior to any alteration or relocation of a watercourse, or in riverine
situations, the Floodplain Administrator shall notify affected communities and the state
coordinating office of FEMA. The Floodplain Administrator shall submit copies of such
notifications to the administrator of the Federal Insurance Administration. The Floodplain
Administrator shall assure that, in the coastal zone, any subdivision that involves the
alteration or relocation of a stream shall also conform to the applicable provisions of the
certified Local Coastal Program.
14.18.270 Floodplain variances.
A. The variance criteria set forth in this section are based on the general principle of
zoning law that variances pertain to a piece of property and are not personal in nature. A
variance may be granted for a parcel of property with physical characteristics so unusual
that complying with the requirements of this chapter would create an exceptional hardship
to the applicant or the surrounding property owners. Mere economic or financial hardship
alone, inconvenience, aesthetic considerations, or physical handicaps cannot, as a rule,
qualify as exceptional hardships. The characteristics must be unique to the property and not
be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not
to the structure, its inhabitants, or the property owners.
8. It is the duty of the City of Chula Vista to help protect its citizens from flooding.
This need is so compelling and the implications of the cost of insuring a structure built
below flood level are so serious that variances from the flood elevation or from other
requirements in this chapter are quite rare. The long-term goal of preventing and reducing
flood loss and damage can only be met if variances are strictly limited. Therefore, the
variance guidelines provided in this chapter are more detailed and contain multiple
provisions that must be met before a variance can be granted. The criteria are designed to
screen out those situations in which alternatives other than a variance are more appropriate.
1. A property owner and/or developer may apply for a floodplain variance upon
payment of a fee as designated in the Master Fee Schedule. The Floodplain Administrator
shall review all applications for variances. In evaluating applications for variances, he shall
consider all technical evaluations, all relevant factors, standards specified in other sections
of this chapter, and the:
a. Danger that materials may be swept onto other lands to the injury of
others;
b. Danger oflife and property due to flooding or erosion damage;
c. Susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the existing individual owner and future owners of the
property;
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d. Importance of the services provided by the proposed facility to the
community;
e. Necessity to the facility of a waterfront location, where applicable;
f. Availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated
development;
h. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. Safety of access to the property in time of flood for ordinary and
emergency vehicles;
j. Expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters expected at the proposed site; and
k. Costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities such as
sewer, gas, electrical, and water system, and streets and bridges.
2. Variances may be issued for new construction, substantial improvement, and
other proposed new development to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base
flood level. As the lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
3 . Variances may be issued for the repair or rehabilitation of historic resources as
defined in this chapter, upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as an historic resource and the
variance is the minimum necessary to preserve the historic character and design of the
structure.
4. The Floodplain Administrator may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
14.18.280 Findings necessary for variances.
A. In granting a variance, the Floodplain Administrator shall make the following
findings:
1. That the proposed development is not located in any mapped regulatory
floodway if any increase in flood levels during the base flood discharge would result;
2. That the variance is the "minimum necessary" considering the flood hazard, to
afford relief. "Minimum necessary" means to afford relief with a minimum of deviation
from the requirements of this chapter;
3. That failure to grant the variance would result in exceptional hardship to the
applicant;
4. That granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, conflict with existing
local laws or ordinances or create a nuisance; and
5. That granting of a variance will not cause fraud or victimization. For example,
buildings that are permitted to be constructed below the base flood elevation are subject
during their life (estimated at 50 to 100 years) to increased risk of flood damage, while
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future owners of the property and the community are subj ect to the costs, inconvenience
and danger associated with the increased flooding potential.
B. The Floodplain Administrator shall include the following in a written notice for
any variance granted and shall record, or cause to be recorded, the notice in the Office of
the County Recorder so that the notice appears in the chain of title of the affected parcel
ofland:
1. That the issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to amounts as high as
$25.00 for every $100.00 of insurance coverage, and
2. That such construction below the base flood level increases risks to life and
property.
C. The Floodplain Administrator shall maintain a record of all variance actions,
including justification for the issuance of any variance. This record will be included in a
Biennial Report submitted to FEMA.
14.18.290 Appeals.
The Board of Appeals and Advisors shall hear appeals from the decision of the
Floodplain Administrator regarding variances. The decision of the Board of Appeals and
Advisors is final.
14.18.300 Chapter supersedes any conflicting statutes.
A. This chapter shall take precedence over conflicting ordinances or parts of
ordinances with respect to floodplain administration. The City Council may, from time to
time, amend the ordinance codified in this chapter to reflect any and all changes in the
National Flood Insurance Program Regulations.
B. In the coastal zone, where conflicts arise between this chapter and the certified
Local Coastal Program, the latter shall prevail.
Presented by:
Approved as to form by:
Jack Griffin
Director of Engineering and
General Services
~L~~&n-
Ann Moore
City Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA,
REPLACING CHAPTER 18.54 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO FLOODPLAIN
REGULATIONS WITH CHAPTER 14.18
WHEREAS, on August 18, 2006 a Community Assistance visit was conducted by
a representative of the California Department of Water Resources (DWR) on behalf of
the Federal Emergency Management Agency (FEMA) for the City ofChula Vista; and
WHEREAS, as a result of that meeting and the review process, staff determined
that the City's existing floodplain ordinance, which was codified in Chula Vista
Municipal Code Chapter 18.54, needed to be revised to comply with the latest revisions
to the FEMA Model Ordinance; and
WHEREAS, staff submitted its recommended reVlSlons to the floodplain
ordinance to DWR; and
WHEREAS, staff received a letter from the DWR dated September 5, 2007,
stating that, after adoption of the proposed ordinance, the City will be in full compliance
with the National Flood Insurance Program; and
WHEREAS, the legislature of the State of California has, in Government Code
Sections 65302, 65560 and 65800, conferred upon local governments the authority to
adopt regulations designed to promote the public health, safety and general welfare of the
citizenry.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
That Chula Vista Municipal Code chapter 18.54 be replaced with the following chapter
14.18 :
Chapter 14.18
FLOODPLAIN REGULATIONS*
Sections:
14.18.010 Purpose and Intent
14.18.020 Lands to which this chapter applies.
14.18.030 Basis for establishing the areas of special flood hazards.
14.18.040 Methods of reducing flood losses.
14.18.050 Compliance.
14.18.060 Abrogation and greater restrictions.
14.18.070 Interpretation.
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14.18.080 Warning and disclaimer ofliability.
14.18.090 Severabilitv.
14.18.100 Definitions.
14.18.110 Development in special flood hazard areas.
14.18.120 Application requirements.
14.18.130 Standards for building construction in SFHA.
14.18.140 Standards for Utilities.
14.18.150 Standards for residential structures.
14.18.160 Standards for nonresidential structures.
14.18.170 Standards for garages and accessorv structures.
14.18.180 Standards forrecreational vehicles.
14.18.190 Standards for manufactured homes.
14.18.200 Standards for repair. reconstruction or improvement of streets.
utilities. and pads in manufactured home parks.
14.18.210 Standards for floodwavs.
14.18.220 Standards for subdivisions and large developments.
14.18.230 Duties of Citv Engineer as Floodplain Administrator.
14.18.240 Duties of the Building Official.
14.18.250 Duties of the Planning Director.
14.18.260 Alteration or relocation of watercourses.
14.18.270 Floodplain variances.
14.18.280 Findings necessarv for variances.
14.18.290 Board of appeals.
14.18.300 Chapter supersedes anv conflicting statutes.
· Prior legislation: Ords. 1842. 2039. 2100. 2170. 2197. 2248. 2386. 2506.
2790. and 2889.
14.18.010 Puroose and intent.
A. The flood areas of the City ofChula Vista could be subiect to periodic inundation
that could result in loss of life and property. health and safety hazards. disruption of
commerce and governrnental services. extraordinary public expenditures for flood
protection and relief. and impairment of the tax base. all of which adverselv affect the
public health. safetv. and general welfare. These flood losses could be caused bv land
uses that are inadequatelv elevated. floodproofed. or protected from flood damage. The
cumulative effect of obstructions in areas of special flood hazards which increase flood
heights and velocities also contribute to flood losses.
B. In order to participate in the Federal Flood Insurance Program (National Flood
Disaster Protection Act of 1973). the City must adopt regulations controlling the
development of property within identified floodplains pursuant to the direction of said
Act. The Building Official and the City Engineer are therefore assigned certain added
responsibilities. and they are authorized and directed to enforce all the provisions of this
chapter.
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C. It is the purpose of this chapter to promote the public health. safety. and general
welfare. and to minimize public and priyate losses due to flood conditions in specific
areas by provisions designed to:
I. Protect human life and health:
2. Minimize expenditure of public money for costly flood control projects:
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public:
4. Minimize prolonged business interruptions:
5. Minimize damage to public facilities and utilities such as water and gas mains:
electric. telephone and sewer lines: and streets and bridges located in areas of special
flood hazard:
6. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future blighted areas
caused by flood damage:
7. Ensure that potential buyers are notified that property is in an area of special
flood hazard: and
8. Ensure that those who OCCUpy the areas of special flood hazard assume
responsibility for their actions.
14.18.020 Lands to which this chapter applies.
The rovisions of this cha ter shall a I to all areas of s
within the iurisdiction ofthe City ofChula Vista.
14.18.030 Basis for establishine: the areas of special flood hazards.
A. The areas of special flood hazards identified by the Federal Insurance
Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the
Flood Insurance Study (FIS) dated June 19. 1997. and accompanying Flood Insurance
Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs). dated June 19.
1997. and all subsequent amendments and/or revisions. are hereby adopted by reference
and declared to be part of this title.
B. This Flood Insurance Study and attendant mapping define the minimum area of
applicability of this chapter and may be supplemented by studies of other areas which are
recommended to the City Council bv the City Engineer. The Study and Flood Insurance
Rate Maps are on file at the City Public Services Building at 276 Fourth Avenue.
14.18.040 Methods of reduciul!: flood losses.
In order to accomplish its purposes. this chapter includes methods and provisions to:
A. Restrict or prohibit uses which are dangerous to health. safety. and property due
to water or erosion hazards. or which result in damaging increases in erosion or flood
heights or velocities:
B. Require that uses vulnerable to floods. including facilities which serve such uses.
be protected against flood damage at the time of initial construction:
C. Control the alteration of natural floodplains. stream channels. and natural
protective barriers. which help accommodate or channel flood waters:
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D. Control filling, grading, dredging, and other development which mav increase
flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturallv divert
flood waters or which mav increase flood hazards in other areas.
14.18.050 ComDliance.
No structure or land shall be constructed located extended converted or altere
without full com liance with the terms of this cha ter and other a licable re ulations.
Violation of the re uirements includin violations of conditions and safe uards
established in connection with conditions shall constitute a misdemeanor. Nothin in thi
cha ter shall revent the Cit from takin such lawful action as is necessar to revent 0
remedv anv violation.
14.18.060 Abrol!ation and l!reater restrictions.
This cha ter is not intended to re eal abro ate or im air an eXlstm easements
covenants or deed restrictions. However where this cha ter and another ordinance
easement covenant or deed restriction conflict or overla whichever im oses the more
stringent restrictions shall prevail.
14.18.070 Internretation.
In the inte retation and a lication of this cha ter all rovisions shall be considered as
minimum re uirements liberall construed in favor of the overnin bod' and deeme
neither to limit nor repeal anv other powers granted under state statutes.
14.18.080 Warninl! and disclaimer of liability.
The de ree of flood rotection re uired b this cha ter is considered reasonable fo
re ulato u oses and is based on scientific and en ineerin considerations. Lar e
floods can and will occur on rare occasions. Flood hei hts ma be increased b manmad
or natural causes. This cha ter does not im I that land outside the areas of the SFHAs 0
uses ermitted within such SFHAs will be free from floodin or flood dama es. This
cha ter shall not create liabilit on the art of the Cit or an of its elected or a ointe
officials officers or em 10 ees the State of California the Federal Insurance
Administration or the Federal Emer enc Mana ement A enc for an flood dama es
that result from reliance on this cha ter or an administrative decision lawfull made
pursuant to this chapter.
14.18.090 Severability.
This cha ter and its various arts are declared to be severable. Should an section 0
this cha ter be declared b the courts to be unconstitutional or invalid such decision shall
not affect the validit of the cha ter as a whole or an ortion other than the section s
declared to be unconstitutional or invalid.
14.18.100 Definitions.
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Unless s ecificall defined in this section words or hrases used in this cha ter shall b
inte reted so as to ive them the same meanin as the have in common usa e so as to
give this chapter its most reasonable application.
A. "Accessory structure, low-cost and small" means a structure that is solely for the
parking of no more than 2 cars; or limited storage (smalL low cost sheds).
B. "Appeal" means a request for a review of the Floodplain Administrator's or
Building Official's interpretation of any provision of this chapter.
C. "Base flood" means a flood which has a one percent chance of being equaled or
exceeded in any given year (also called the IOO-vear flood).
D. "Base flood elevation (BFE)" means the water surface level of a watercourse or
waterbodv referenced to an established datum, that corresponds to a flood event that has a
one percent chance of being equaled or exceeded in any given year.
E. "Basement" means any area of the building having its floor sub grade (below
ground level) on all sides.
F. "Development" means any manmade change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining, dredging,
filling, grading, paving, excavation, or drilling operations.
G. "Elevation Certificate" means a document of the National Flood Insurance
Program iNFIP) used to provide elevation information necessary to ensure compliance
with community floodplain management ordinances. to determine the proper insurance
premium rate, and to support a request for a Letter of Map Amendment or Revision
(LOMA or LOMR-F).
H. "Encroachment" means the advance or infringement of uses. plant growth. filL
excavation, buildings, permanent structures or development into a floodplain that may
impede or alter the flow capacity of a floodplain.
I. "Flood" means a temporary rise in a stream's flow or stage that results in water
overflowing its banks and inundating areas adiacent to the chauneL or an unusual and
rapid accumulation of runoff or surface waters from any source.
J. "Floodproofing" means any combination of structural and nonstructural additions,
changes, or adiustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities. structures and their
contents.
K. "Flood Boundary and Floodwav Map (FBFM)" means the official map on which
the Federal Emergencv Management Agencv or Federal Insurance Administration has
delineated both the areas of special flood hazards and the floodwav.
1. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergencv Management Agencv or Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones applicable to the
community.
M. "Flood Insurance Studv" means the official report provided bv the Federal
Insurance Administration that includes flood profiles, the Flood Insurance Rate Map. the
Flood Boundary and Floodwav Map, and the water surface elevation of the base flood.
N. "Floodplain or flood-prone area" means any land area susceptible to being
inundated bv water from any source - see "Flood."
O. "Floodplain Administrator" means the City Engineer.
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X. "Manufactured home park or subdivision" means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
Y. "Mean sea level" means. for purposes of the National Flood Insurance Program.
the National Geodetic Vertical Datum (NGVD) of 1929. North American Vertical Datum
(NA VD) of 1988. or other datum. to which base flood elevations shown on a
communitv's Flood Insurance Rate Map are referenced.
Z. "New construction." for floodplain management purposes. means structures for
which the start of construction commenced on or after November 14. 1978. and includes
anv subsequent improvements to such structures.
AA. "Obstruction" includes. but is not limited to. anv dam. wall. wharf.
embankment. levee. dike. pile. abutment. protection. excavation. channelization. bridge.
conduit. culvert. building. wire. fence. rock. gravel. refuse. fill. structure. vegetation or
other material in. along. across or proiecting into anv watercourse which mav alter.
impede. retard or change the direction and/or velocitv of the flow of water. or due to its
location. its propensitv to snare or collect debris carried bv the flow of water. or its
likelihood of being carried downstream.
AB. "One-hundred (] 00) vear flood" means the condition of flooding having a one
percent chance of annual occurrence. See "Base flood."
AC. "Recreational vehicle" means a vehicle that is:
I. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal proiection;
3. Designed to be self-propelled or permanentlv towable bv a light-dutv truck;
and
4. Designed primarilv not for use as a permanent dwelling but as temporarv
living quarters for recreational. camping. travel. or seasonal use.
AD. "Regulatorv flood elevation" means the water surface elevation of the 100-vear
flood.
AE. "Regulatorv floodwav" means the channel of a river or other watercourse and
the adiacent land areas that must be reserved in order to discharge the base flood without
cumulativelv increasing the water surface elevation more than one foot. The designated
regulatorv floodwavs are the channels of the Sweetwater River and Telegraph Canvon
Creek shown on the current Flood Boundarv and Floodwav Map. and the Otav River and
Poggi Canvon Creek as shown on the Countv of San Diego floodwav map.
AF. "Riverine" means relating to. formed bv. or resembling a river (including
tributaries). stream. brook. etc.
AG. "Special flood hazard area (SFHA)" means an area in the floodplain subiect to a
I percent or greater chance of flooding in anv given vear. It is shown on a Flood Hazard
Boundarv Map (FHBM) or FIRM as Zone A. AO. AI-A30. AE. A99. AH.
AH. "Start of construction." except as defined under the Coastal Barrier Resources
Act (Public Law 97-348), is the date the building permit was issued. provided the actual
start of construction. repair. reconstruction. placement. or other improvement is within
180 davs of the permit date. This does not include land preparation. street construction.
excavation. the erection of temporarv forms or installation on the propertv of accessorv
structures.
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AI. "Structure" means a walled and roofed structure. including a gas or liquid
storage tank that is principallv above the ground. including. but without limitation to.
buildings. factories. sheds. cabins. mobile homes. and other similar uses.
AJ. "Substantial damage" means damage of anv origin sustained bv a structure
wherebv the cost of restoring the structure to its before damaged condition would equal
or exceed 50 percent of the market value of the structure before the damage occurred.
AK. "Substantial improvement" means anv reconstruction. rehabilitation. addition.
or improvement of a structure. the cost of which equals or exceeds 50 percent of the
market value of the structure before the start of the construction of the improvement. This
term includes structures have incurred substantial damage. regardless of the actual repair
work performed. However. the term does not include either:
I. Anv proiect for improvement of a structure to correct existing violations or
state or local health. sanitary. or safety code specifications which have been identified bv
the local code enforcement official and which are the minimum necessarv to assure safe
living conditions: or
2. Anv alteration of a historic resource. provided that the alteration would not
preclude the structure's continued designation as a historic resource.
For the purposes of this chapter. substantial improvement is considered to occur
when the first alteration of anv wall. ceiling. floor or other structural part of the building
commences. whether or not that alteration effects the external dimensions of the
structure. The term does not. however. include anv alteration to complv with existing
state or local health. sanitary. building or safetv codes or regulations. or structures listed
in national or California registers of historic places.
AL. "Variance" means a grant of relief from the requirements of this chapter that
permits construction in a manner that would otherwise be prohibited bv this chapter.
AM. "Violation" means the failure of a structure or other development to be fullv
compliant with this chapter. A structure or other development without the elevation
certificate. other certifications. or other evidence of compliance required in this chapter is
presumed to be in violation until such time as that documentation is provided.
AN. "Watercourse" means a lake. river. creek. stream. wash. arrovo. channel or other
topographic feature on or over which waters flow at least periodicallv. Watercourse
includes specificallv designated areas in which substantial flood damage mav occur.
AO. "Zone" means an area delineated on the Flood Insurance Rate Maps and Flood
Hazard Boundary Maps with respect to its potential flood hazard. See "Special flood
hazard area."
14.18.110 Floodplain development - Permits reauired.
No erson includin ro ert owners contractors rivate en
erect construct enIar e or im rove an buildin or structure or be in develo ment withi
a SFHA includin the lacement of manufactured homes without first obtainin
buildin ermit land develo ment ermit or an other ermit re uired ursuant to CVMC
chapters 15.04 and 15.08 for each such action.
14.18.120 Application reauirements.
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A. Each application for a building permit. land development permit. or anv other
permit required pursuant to CVMC chapters 15.04 and 15.08 in a SFHA shall include:
1. N ecessarv plans and specifications for the proposed construction showing the
nature. location. dimensions. and elevation of the area in question: existing or proposed
structures. fill. storage of materials. drainage facilities:
2. Elevations (in relation to sea level) of the lowest floor (including basement) or
in the case of floodproofed nonresidential structures. the elevation to which it has been
floodproofed. Certification. submitted bv a licensed civil engineer. structural engineer. or
architect. that the plans and specifications for anv proposed building or structure complv
with the floodproofing requirements of the National Flood Insurance Program as revised:
3. Evidence that electrical. heating. ventilation. plumbing. and air-conditioning
equipment and other service facilities are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of flooding: and
4. Anv other information as reasonablv mav be required bv the building official
and the citv engineer.
B. In the coastal zone. development in SFHAs shall also be required to obtain a
coastal development permit consistent with the applicable provisions of the certified
Local Coastal Program.
14.18.130 Standards for buildine: construction in SFHA.
A. A Conditional Letter of Map Revision (CLOMR) shall be obtained prior to the
construction of a proposed flood control proiect based on design plans approved bv the
Citv. Construction ofthe proposed flood control proiect and land preparation as specified
in the start of construction definition will be allowed after the CLOMR is approved bv
FEMA.
B. All LOMRs for flood control proiects shall be approved bv FEMA prior to the
issuance of building permits. Building permits shall not be issued based on CLMORs.
C. The following requirements pertain to construction in areas that have not been
removed from the SFHA bv an approved LOMR:
1. All new construction and substantial improvements shall be adequatelv
anchored to prevent flotation. collapse or lateral movement of the structure resulting from
hvdrodvnamic and hvdrostatic loads. including the effects ofbuovancv:
2. All new construction and substantial improvements shall be constructed:
a. With flood resistant materials as specified in FEMA Technical Bulletin
TB 2-93. and utilitv equipment resistant to flood damage:
b. Using methods and practices that minimize flood damage:
c. With electrical. heating. ventilation. plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding: and
d. Within zones AH or AO. so that there are adequate drainage paths around
the structures on slopes to guide flood waters around and away from the structures.
3. All new construction and substantial improvements of structures with fullv
enclosed areas below the lowest floor (excluding basements) that are usable solelv for
parking of vehicles. building access or storage. and which are subiect to flooding. shall be
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designed to automaticallv equalize hvdrostatic flood forces on exterior walls bv allowing
for the entry and exit of floodwater. Designs for meeting this requirement must be
certified bv a registered civil or structural engineer or architect or must meet or exceed
the following minimum criteria:
a. For non-engineered openings:
i. Have a minimum of two openings on different sides having a total net
area of not less than one square inch for everv square foot of enclosed area subiect to
flooding:
ii. The bottom of all openings shall be no higher than one foot above
grade:
iii. Openings mav be equipped with screens. louvers. valves or other
coverings or devices provided that thev permit the automatic entry and exit of floodwater:
and
iv. Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to directlv enter.
14.18.140 Standards for utilities.
A. The design of all new and replacement water supplv and sanitarv sewage svstems
shall be certified bv a registered professional in the respective field of expertise. All new
and replacement water supplv and sanitary sewage svstems shall be designed and
constructed to minimize or eliminate infiltration of flood waters into the svstems and
discharge from the svstems into floodwaters.
B. On-site waste disposal svstems shall be located to avoid impairment to them. or
contamination from them during flooding.
14.18.150 Standards for residential structures.
For all new construction and substantial improvements ofresidential structures. the
lowest floor elevation to include basement of new residential structures shall be elevate
to a minimum of one foot above the re ulato flood elevation' exce t that in zone AO the
lowest floor includin basement shall be as hi h as the de th number in feet above the
highest adiacent grade or two feet if no depth number is specified.
14.18.160 Standards for nonresidential structures.
A. All new construction and substantial improvements of nonresidential structures
shall meet the following standards:
I. The lowest floor elevation (to include basement) of nonresidential structures
shall be elevated or floodproofed to a minimum of one foot above the regulatory flood
elevation; except that in zone AO. the lowest floor (including basement) shall be as high
as the depth number in feet above the highest adiacent grade. or two feet if no depth
number is specified. In the alternative. attendant utilitv and sanitarv facilities shall be
completelv floodproofed to or above that level so that anv space below that level is
watertight with walls substantiallv impermeable to the passage of water and with
structural components having the capability of resisting hvdrostatic and hvdrodynamic
loads and effects of buovancv:
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2. Construction materials and utilitv equipment shall be resistant to floodwater
damage;
3. Construction methods and practices shall minimize flood damage; and
4. The design of all new construction and substantial improvements of
nonresidential structures shall be certified bv a registered professional engineer and
survevor and shall be designed or anchored to prevent the flotation. collapse or lateral
movement of the structure or portions of the structure due to flooding.
B. An nonresidential structure ro osed to be flood roofed in accordance with thi
cha ter shall be certified b a licensed civil en ineer structural en ineer or architect
subse uent to construction of the ro osed buildin or structure but rior to fmal a roval
for use or occu anc thereof and the elevation to which such flood roofin is effective
shall be specified.
14.18.170 Standards for l!:aral!:es and accessory structures.
A. Attached garages.
1. All garages attached to a residential structure and constructed with the garage
floor slab below the BFE shall be designed to allow for the automatic entry and exit of
floodwaters. Areas of the garage below the BFE shall be constructed with flood resistant
materials as specified in FEMA Technical Bulletin TB 2-93.
B. Detached garages and accessory structures.
I. Accessory structures used solelv for parking (2 car detached garages or
smaller) or limited storage (smalL low-cost sheds). mav be constructed such that its floor
is below the BFE. provided the structure meets the following standards:
a. The accessorv structure shall be used onlv for parking or limited storage;
b. The portions of the accessory structure located below the BFE shall be
built using flood-resistant materials;
c. The accessorv structure shall be adequatelv anchored to prevent flotation.
collapse and lateral movement;
d. Anv mechanical and utilitv equipment in the accessory structure shall be
elevated or floodproofed to or above the BFE;
e. The accessorv structure must complv with floodplain encroachment
provisions in section 14.18.210;
f. The accessory structure shall be designed to allow for the automatic entrv
and exit of floodwaters; and
g. The below-grade parking areas shall complv with the requirements m
FEMA Technical Bulletin TB-6.
14.18.180 Standards for recreational vehicles.
All recreational vehicles placed in Zones AI-3D. AH. and AE shall either:
A. Be on the site for fewer than 180 consecutive davs: or
B. Be fullv licensed and readv for highwav use. A recreational vehicle is readv for
highwav use if it is on its wheels or iacking svstem. is attached to the site onlv bv quick
disconnect type utilities and securitv devices. and has no permanentlv attached additions;
or
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C. Have a permit required in section 14.18.110 and meet the elevation and anchoring
requirements for manufactured homes in section 14.18.190.
14.18.190 Standards for manufactured homes.
A. All manufactured homes that are placed on or substantiallv improved within a
special flood hazard area and which are:
1. Outside of a manufactured home park or subdivision; or
2. In a new manufactured home park or subdivision; or
3. In an expansion to an existing manufactured home park or subdivision: or
4. In an existing manufactured home park or subdivision within which a
manufactured home has incurred "substantial damage" as the result of a flood shall be
certified bv a registered professional engineer and survevor and shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is at least one
foot above the base flood elevation and be securelv anchored to an adequatelv anchored
foundation svstem to resist flotation. collapse and lateral movement.
B. All manufactured homes to be placed or substantiallv improved on sites in an
existing manufactured home park or subdivision within a special flood hazard area and
not subiect to the provisions of subsection A of this section shall be certified bv a
registered professional engineer and survevor and shall be securelv fastened to an
adequatelv anchored foundation svstem to resist flotation. collapse. and lateral
movement. and shall be elevated so that either:
1. The lowest floor of the manufactured home is at least one foot above the base
flood elevation: or
2. The manufactured home chassis is supported bv reinforced piers or other
foundation elements of at least equivalent strength that are no less than 36 inches in
height above grade.
14.18.200 Standards for repair. reconstruction or improvement of streets. utilities.
and pads in manufactured home parks.
The following standards applv within zones AI-30 for new manufactured home parks
and manufactured home subdivisions. expansions to existing manufactured home parks
and manufactured home subdivisions. and existing manufactured home parks and
manufactured home subdivisions. All repair. reconstruction or improvement of the
streets. utilities and pads which equals or exceeds 50 percent of the value of the streets.
utilities and pads before the repair. reconstruction or improvement has commenced shall
complv with the following standards:
A. Stands or lots shall be elevated on compacted fill or on pilings so that the lowest
floor of the manufactured home will be at least one foot above the base flood level:
B. Surface drainage and access for a hauler shall be adequate: and
C. In the instance of elevation on pilings. lots shall be large enough to permit steps.
piling foundations shall be placed in stable soil no more than 10 feet apart. and
reinforcement shall be provided for pilings more than six feet above the ground level.
14.18.210 Standards for floodwavs.
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Because floodwavs are an extremelv hazardous area due to the velocitv of
floodwaters that carry debris and potential proiectiles. and have erosion potential. the
following standards applv:
A. Until a regulatorv floodwav is adopted. no new construction. substantial
development. or other development (including fill) shall be permitted within Zones A1-
30 and AE. unless it is demonstrated that the cumulative effect of the proposed
development. when combined with all other development. will not increase the water
surface elevation of the base flood more than 1 foot at anv point within the Citv:
B. Within an adopted regulatory floodwav. encroachments. including fill. new
construction. substantial improvements. and other development are prohibited unless
certification bv a registered civil engineer is provided demonstrating that the proposed
encroachment shall not result in anv increase in flood levels during the occurrence of the
base flood discharge: and
C. All new construction. substantial improvement. and other proposed development
in a floodwav shall complv with all other applicable provisions of chapter 14.18.
14.18.220 Standards for subdivisions and larl!e developments.
A. All proposals for subdivisions and other new development incorporating more
than five acres or 50 lots. whichever is lesser. shall show on tentative parcel maps.
tentative subdivision maps or site plans. regulatory flood elevation data for anv included
area designated zone A. zone AI-3D or zone AO.
B. All preliminarv subdivision proposals shall identify the special flood hazard area
and the elevation of the base flood.
C. All subdivision plans shall provide the elevation of proposed structure(s) and
pad( s). If the site is filled above the base flood elevation. the lowest floor and pad
elevations shall be certified bv a registered professional engineer or survevor.
D. All subdivision proposals shall be consistent with the need to minimize flood
damage.
E. All subdivision proposals shall have public utilities and facilities such as sewer.
gas. electrical and water svstems located and constructed to minimize flood damage.
F. All subdivisions shall provide adequate drainage to reduce exposure to flood
hazards.
14.18.230 Duties of City Enl!ineer as floodolain administrator.
A. The Citv Engineer shall act as the Floodplain Administrator and shall administer.
implement. and enforce the standards and regulations of chapter 14.18 bv granting or
denving land development permits. or other permits in accordance with the terms of
chapter 14.18.
B. The duties and responsibilities of the Floodplain Administrator shall include. but
not be limited to. the following:
1. Prior to issuance. review all building permits. land development permits. or
anv other permits required pursuant to chapters 15.04 and 15.08 to assure that:
a. All proposed developments are consistent with the need to minimize flood
damage:
b. Adequate drainage is provided so as to reduce exposure to flood hazards:
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c. All public utilities and facilities are located so as to minimize or eliminate
flood damage:
d. The natural landscape of all designated floodwavs and maior watercourses
is substantially preserved:
e. An evacuation plan indicating alternate vehicular access and escape routes
is filed with appropriate disaster preparedness authorities for manufactured home parks
and manufactured home subdivisions located within zone A. zones AI-30 and zone AO:
f. Anv encroachments. including fill. new construction. substantial
improvements. and other developments within the designated regulatorv floodwavs that
would result in anv increase in flood levels during the occurrence of a 100-vear flood
discharge are prohibited: and
g. In the coastal zone. all subdivision and land development permit
applications comply with the provisions of the certified Local Coastal Program and the
standards of subsections a.) through f.) of this section.
2. Prior to issuance. review all land development permits. or other permits to
determine if the site of the proposed development is reasonablv safe from flooding. that
all applicable requirements of the National Flood Insurance Program have been met. and
that all necessarv permits have been obtained as required bv federal or state law. Anv
permits required bv federal or state law shall be obtained bv the applicant prior to
issuance of any permit bv the Citv.
3. Submit or assure that the permit applicant submits technical or scientific data
to FEMA for a LOMR. within 6 months of information becoming available or proiect
completion. whichever comes first. so that. upon confirmation of those physical changes
affecting flooding conditions. risk premium rates and floodplain management
requirements are based on current data.
4. Notify FEMA in writing whenever the City boundaries have been modified bv
annexation or other means and include a copv of a map of the community clearly
delineating the new City limits.
5. Make interpretations as to the exact location of the boundaries of the SFHAs
where there appears to be a conflict between a mapped boundary and actual field
conditions. The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in section 14.18.290.
6. Take action to remedy violations of this ordinance.
7. Complete and submit Biennial Reports to FEMA.
8. Work with appropriate state and federal agencies in complying with the
National Flood Insurance Program in accordance with the National Flood Disaster
Protection Act of 1973.
14.18.240 Duties of the Buildine Official.
The duties and responsibilities of the Building Official shall include. but not be
limited to. obtaining. reviewing. and reasonably utilizing anv base flood elevation and
floodwav data available from a federal. state or other source. and assuring that all new
construction. substantial improvements. placement of manufactured homes and
prefabricated buildings. or other development in the SFHA meets all applicable standards
in this chapter.
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14.18.250 Duties of the Planning Director.
The duties and responsibilities of the Planning Director shall include. but not be
limited to. assuring that the General Plan is consistent with floodplain management
objectives in this chapter.
14.18.260 Alteration or relocation of watercourses.
The Floodplain Administrator shall review all plans for alteration or relocation of anv
watercourse within the Citv to assure that the flood-carrying capacitv of such watercourse
is maintained. Prior to anv alteration or relocation of a watercourse. or in riverine
situations. the Floodplain Administrator shall notify affected communities and the state
coordinating office of FEMA. The Floodplain Administrator shall submit copies of such
notifications to the administrator of the Federal Insurance Administration. The Floodplain
Administrator shall assure that. in the coastal zone. anv subdivision that involves the
alteration or relocation of a stream shall also conform to the applicable provisions of the
certified Local Coastal Program.
14.18.270 Floodplain variances.
A. The variance criteria set forth in this section are based on the eneral rinci Ie 0
zonin law that variances ertain to a iece of ro ert and are not ersonal in nature.
variance ma be ranted for a arcel of ro ert with h sical characteristics so unusual
that com I in with the re uirements of this cha ter would create an exce tional hardshi
to the a licant or the surroundin ro ert owners. Mere economic or financial hardshi
alone inconvenience aesthetic considerations or h sical handica s cannot as a rule
uali as exce tional hardshi s, The characteristics must be uni ue to the ro ert and no
be shared bad' acent arcels. The urn ue characteristic must ertain to the land itself no
to the structure. its inhabitants. or the propertv owners.
B. It is the dut of the Cit of Chula Vista to hel rotect its citizens from floodin .
This need is so com ellin and the im lications of the cost of insurin a structure bui!
below flood level are so serious that variances from the flood elevation or from othe
re uirements in this cha ter are uite rare. The Ion -term oal of reventin and reducin
flood loss and dama e can onl be met if variances are stricti limited, Therefore the
variance uidelines rovided in this cha ter are more detailed and contain multi I
rovisions that must be met before a variance can be ranted. The criteria are desi ned to
screen out those situations in which alternatives other than a variance are more appropriate.
1. A ro ert owner and/or develo er ma a I for a flood lain variance u 0
a ment of a fee as desi nated in the Master Fee Schedule. The Flood lain Administrato
shall review all a lications for variances. In evaluatin a lications for variances he shal
consider all technical evaluations all relevant factors standards s ecified in other section
of this chapter. and the:
a. Danger that materials mav be swept onto other lands to the 1ll1urv of
others;
b. Danger oflife and propertv due to flooding or erosion damage:
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c. Susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the existing individual owner and future owners of the
property;
d. Importance of the services provided by the proposed facility to the
community;
e. Necessity to the facility of a waterfront location. where applicable;
f. Availability of alternative locations for the proposed use which are not
subiect to flooding or erosion damage;
g. Compatibility of the proposed use with existing and anticipated
development;
h. Relationship of the proposed use to the comprehensiye plan and floodplain
management program for that area;
i. Safety of access to the property in time of flood for ordinarY and
emergency vehicles;
i. Expected heights. velocity. duration. rate ofrise. and sediment transport of
the flood waters expected at the proposed site; and
k. Costs of providing governmental services during and after flood
conditions. including maintenance and repair of public utilities and facilities such as
sewer. gas. electricaL and water system. and streets and bridges.
2. Variances may be issued for new construction. substantial improvement. and
other proposed new development to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base
flood level. As the lot size increases beyond one-half acre. the technical justification
required for issuing the variance increases.
3. Variances may be issued for the repair or rehabilitation of historic resources as
defined in this chapter. upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as an historic resource and the
yariance is the minimum necessary to preserve the historic character and design of the
structure.
4. The Floodplain Administrator may attach such conditions to the granting of
variances as it deems necessarY to further the purposes of this chapter.
14.18.280 Findinl!s necessary for variances.
A. In antin a variance the Flood lain Administrator shall make the followin
findings:
I. That the proposed development is not located in any mapped regulatory
floodwav if anv increase in flood levels during the base flood discharge would result
2. That the yariance is the "minimum necessarv" considering the flood hazard. to
afford relief. "Minimum necessarv" means to afford relief with a minimum of deviation
from the requirements ofthis chapter;
3. That failure to grant the variance would result in exceptional hardship to the
applicant;
4. That granting of a yariance will not result in increased flood heights.
additional threats to public safety. extraordinarY public expense. conflict with existing
local laws or ordinances or create a nuisance; and
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5. That granting of a variance will not cause fraud or victimization. For example,
buildings that are permitted to be constructed below the base flood elevation are subiect
during their life (estimated at 50 to 100 vears) to increased risk of flood damage, while
future owners of the property and the community are subiect to the costs. inconvenience
and danger associated with the increased flooding potentiaL
B. The Floodplain Administrator shall include the following in a written notice for
any variance granted and shall record. or cause to be recorded. the notice in the Office of
the County Recorder so that the notice appears in the chain of title of the affected parcel
of land:
I. That the issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance UP to amounts as high as
$25.00 for every $100.00 of insurance coverage. and
2. That such construction below the base flood level increases risks to life and
property.
C. The Floodplain Administrator shall maintain a record of all variance actions.
including justification for the issuance of any variance. This record will be included in a
Biennial Report submitted to FEMA.
14.18.290 Appeals.
The Board of A eals and Advisors shall hear a eals from the decision of the
Flood lain Administrator re
Advisors is final.
14.18.300 Chapter supersedes any conflictine statutes.
A. This cha ter shall take recedence over conflictin ordinances or arts 0
ordinances with res ect to flood lain administration. The Cit Council ma from time to
time amend the ordinance codified in this cha ter to reflect an and all chan es in the
National Flood Insurance Program Regulations.
B. In the coastal zone where conflicts arise between this cha ter and the certifie
Local Coastal Program. the latter shall prevail.
Presented by:
Approved as to form by:
Jack Griffin
Director of Engineering and
General Services
Ann Moore
City Attorney
H:\ENGINEER\Ordlnances\0rd2007\12-04-07\Floodplain Ordinance replacing 18.59 ,:~418 ec-strikeout.doc
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 14.04
WHEREAS, on August 18,2006 a Community Assistance visit was conducted by
a representative of the California Department of Water Resources (DWR) on behalf of
the Federal Emergency Management Agency (FEMA) for the City of Chula Vista; and
WHEREAS, as a result of that meeting and the review process, staff determined
that the City's existing floodplain ordinance, which was codified in Chula Vista
Municipal Code chapter 18.54, needed to be revised to comply with the latest revisions to
the FEMA Model Ordinance; and
WHEREAS, staff submitted its recommended reVlSlons to the floodplain
ordinance to DWR; and
WHEREAS, staff received a letter from the DWR dated September 5, 2007,
stating that, after adoption of the proposed ordinance, the City will be in full compliance
with the National Flood Insurance Program; and
WHEREAS, the proposed revisions to the floodplain ordinance necessitate a
revision to Chula Vista Municipal Code chapter 14.04.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
That Chula Vista Municipal Code Chapter 14.04 be amended as follows:
14.04.010 Purpose and intent of provisions - More stringent
regulations to control.
It is the purpose of the city council in establishing the regulations
codified in this title to protect persons and property against water damage
and flood hazards as specified in chapter 14.18. It is the intent of the
council to afford greater protection for said persons and property from
damage resulting from the obstruction or diversion of drainage ways and
watercourses. This title is also intended to protect persons and property
from damage resulting from the construction of inadequate or improper
facilities for the conveyance of surface runoff and storm waters to the
city's receiving waters.
It is the further purpose of the city council in establishing the
regulations codified in this title to protect and promote the health, safety,
and general welfare of the citizens of the city by prohibiting and
preventing the discharge of non-storm water to the storm water
conveyance system and by reducing pollutants in storm water discharges
to the maximum extent practicable in order to achieve applicable water
quality objectives for surface waters in San Diego County. It is the intent
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Ordinance No.
Page 2
of the council to protect and enhance the water quality of our
watercourses, water bodies, and wetlands in a manner pursuant to and
consistent with state and federal law.
In case of conflict between the regulations imposed by this title and any
other provision of law or of this code, the more stringent regulation shall
apply.
Effective Date
This ordinance shall become effective thirty days after final passage.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
c-IJL,^ ~~ Ir--
Ann Moore
City Attorney
H:\ENGINEER\Qrdinances\Qrd2007\12-04-07\Ordinancc amending Chapter 14.04 c~a~!)~1inc ec.doc
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 14.04
WHEREAS, on August 18, 2006 a Community Assistance visit was conducted by
a representative of the California Department of Water Resources (DWR) on behalf of
the Federal Emergency Management Agency (FEMA) for the City of Chula Vista; and
WHEREAS, as a result of that meeting and the review process, staff determined
that the City's existing floodplain ordinance, which was codified in Chula Vista
Municipal Code chapter 18.54, needed to be revised to comply with the latest revisions to
the FEMA Model Ordinance; and
WHEREAS, staff submitted its recommended reVlSlons to the floodplain
ordinance to DWR; and
WHEREAS, staff received a letter from the DWR dated September 5, 2007,
stating that, after adoption of the proposed ordinance, the City will be in full compliance
with the National Flood Insurance Program; and
WHEREAS, the proposed revisions to the floodplain ordinance necessitate a
revision to Chula Vista Municipal Code chapter 14.04.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
That Chula Vista Municipal Code Chapter 14.04 be amended as follows:
14.04.010 Purpose and intent of provisions - More stringent
regulations to control.
It is the purpose of the city council in establishing the regulations
codified in this title to protect persons and property against water damage
and flood hazards as specified in chapter 14.18. by oogmeIltillg the
regulatiells illlfJesed by Chapter 19.50 CVMC, establishing fleed plaill
zenfllg 6000015. It is the intent of the council to afford greater protection
for said persons and property from damage resulting from the obstruction
or diversion of drainage ways and watercourses. This title is also intended
to protect persons and property from damage resulting from the
construction of inadequate or improper facilities for the conveyance of
surface runoff and storm waters to the city's receiving waters.
It is the further purpose of the city council in establishing the
regulations codified in this title to protect and promote the health, safety,
and general welfare of the citizens of the city by prohibiting and
preventing the discharge of non-storm water to the storm water
conveyance system and by reducing pollutants in storm water discharges
to the maximum extent practicable in order to achieve applicable water
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. 9-54
Ordinance No.
Page 2
quality objectives for surface waters in San Diego County. It is the intent
of the council to protect and enhance the water quality of our
watercourses, water bodies, and wetlands in a manner pursuant to and
consistent with state and federal law .
In case of conflict between the regulations imposed by this title and any
other provision of law or of this code, the more stringent regulation shall
apply.
Effective Date
This ordinance shall become effective thirty days after final passage.
Presented by
Approved as to form by
Jack Griffm
Director of Engineering and General Services
Ann Moore
City Attorney
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. 9-55
CITY COUNCIL
AGENDA STATEMENT
DECEMBER 4, 2007, Item /0
SUBMITTED BY:
REVIEWED BY:
RESOLUTION ADOPTING THE CITY OF CHULA VISTA
CAFETERIA BENEFITS PLAN FOR 2008 /7 I .
DIRECTOR OF HUMAN R SOURCES,,1{ I~
CITY MANAGER
ASSISTANT CITY ANAGER9{k9
4/STHS VOTE: YES D NO 0
ITEM TITLE:
BACKGROUND
The Internal Revenue Code requires that employers offering cafeteria plans
under Section 125 have a written plan document, and that the employer adopt
the plan document annually. This resolution will fulfill this requirement.
ENVIRONMENTAL REVIEW
Not applicable
RECOMMENDATION
That Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
In June 1998, Council authorized updates to the City's flexible benefit plan in
compliance with Internal Revenue Service (IRS) guidelines. The document
presented here contains the medical, dental, vision, life and flexible spending
account options for Plan Year 2008. The medical, dental and vision packages
have been reviewed by all City recognized employee groups.
10-1
DECEMBER 4, 2007, Item~
Page 2 0[2
DECISION MAKER CONFLICT: Not applicable
Staff has reviewed the decision contemplated by this action and has determined
that it is not site specific and consequently the 500 foot rule found in California
Code of Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
None with this action.
ATTACHMENTS
Attachment: A - City of Chula Vista Cafeteria Benefits Plan 2008
Prepared by: Edith Quicho, Benefits Manager, Human Resources
10-2
City of Chula Vista
CAFETERIA BENEFITS PLAN
YEAR 2008
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10-3
City of Chula Vista
Cafeteria Benefits Plan
This is a Cafeteria Plan of benefits for City of Chula Vista employees and is intended to
qualify under Section 125 of the Internal Revenue Code.
ELIGIBILITY FOR PARTICIPATION
This Plan is for the exclusive benefit of employees of the City of Chula Vista.
Eligible employees are defined as individuals who are:
1. Directly employed by the City of Chula Vista, and
2. Working in a part-time or full time benefited status. Hourly employees are not
eligible for this plan except for School Site Coordinators under the STRETCH
Program.
3. Retired City of Chula Vista employees rehired by the City as active employees
may participate ONLY in the group medical insurance premium pre-tax option
under Section 125 Premium Only Plan. Other Cafeteria benefit coverage will not
be available.
Eligible dependents may be enrolled in medical, dental, vision and optional dependent life
insurance. The employee's eligible dependents are:
. Employee's legal spouse as defined by California law
. Unmarried children who are dependent upon the employee for support if
they are under 25 years of age (for medical, dental and vision coverage)
and under 23 years of age (for life insurance coverage);
. Unmarried children of any age if they are incapable of self-support due to
mental or physical handicap and such handicap began before age 25
(medical, dental and vision only);
. Domestic partner as defined by the State of California (not eligible to use
Flexible Allotment)
Coveraoe under Familv and Medical Leave Act
Employees who are on approved leave, with or without pay, under the provisions of the
Family Medical Leave Act (FMLA), are entitled to full access to their flexible benefit plan
during their absence. If an employee fails to return to work after such leave for any reason
other than the serious illness of the employee or the family member for whom the leave
was granted or through no fault of the employee, they will be required to pay all flexible
benefit plan monies paid to them, or on their behalf during the absence.
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10-4
Coveraoe While on Leave of Absence with Benefits
Employees who are authorized to take leave with benefits (e.g., Military Leave as approved
by the City Council) will continue to be covered under the flexible benefit plan until
expiration of leave.
Coveraoe While on Leave of AbSence without Benefits
The City of Chula Vista does not pay for an employee's benefits if the employee is in an
unpaid status for any reason than those indicated above. The employee may choose to
continue their health, and certain optional benefits coverage at their own cost through the
COBRA continuation plan until they return to work or for the designated length of time as
determined by the City of Chula Vista. If the premiums are not paid, the coverage will be
canceled the first day of the month following the employee's last paid time. Coverage will
be reinstated immediately upon the employee's return to work, or the first of the month
after their return if premiums were not paid during the employee's absence.
PLAN YEAR
The Plan Year is from January 1 to December 31 of each year.
ELECTIONS
Election of benefits must occur during the open enrollment period priorto the start of each
Plan Year or, in the case of a newly hired employee, within 30 days from eligibility date.
Enrollment Forms
Elections must be made via Employee Online within the Open Enrollment period. In
addition to enrolling online, the employee must also complete and sign all appropriate
applications and enrollment forms for the specific benefits selected.
A newly eligible employee must complete and return the Election Form and appropriate
forms to Human Resources within 30 days of hire date.
Default Enrollment
For Miscellaneous Employees
If an employee fails to enroll their elections via Employee Online within the Open
Enrollment period, the employee's current medical and life insurance will automatically be
continued in the next year as if the employee elected to keep them. All other coverage,
including dental, vision and Flexible spending Accounts, will stop. Any remaining Flex
Allotment funds will be placed in the taxable Cash Payment Option.
In the case of a newly eligible employee, failure to turn in the completed forms within 30
days from eligibility date will result in automatic enrollment in the least costly health plan
made available by the City and the remaining funds will be placed in the taxable Cash
Payment option.
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10-5
For Safety Employees
If Police Officers Association (POA) and International Association of Firefighters (IAFF)
represented employees do not enroll via Employee Online and complete the necessary
forms within the Open Enrollment period, they will be enrolled in Kaiser Employee Only
coverage in the next year. All other options including dental and vision coverage in the
current year will be stopped. Life insurance coverage will be continued in the next year.
New hires or newly eligible employees who fail to submit required benefit election forms
within 30 days of their date of eligibility will automatically be enrolled in the Kaiser
Employee Only plan.
Effective Date of Coveraqe
The elections are effective for the period of January 1 to December 31 of each year. For
employees hired after January 1 of a Plan Year, elections are effective for the remainder of
the Plan Year following eligibility date. Benefits are prorated for employees hired after
January 1 of each Plan Year.
Termination of Coveraqe Upon Separation
Benefits terminate at the time an employee terminates employment except for medical,
dental and vision, which terminate on the last day of the month in which the employee
terminates his/her employment. Life insurance coverage will remain in force 30 days from
the employee's last paid day on City payroll.
An eligible employee who terminates and is rehired within 30 days will be reinstated to his
or her prior benefit elections at termination unless another qualifying event has occurred
that allows a change. An employee who is reinstated after 30 days may make new
elections.
Qualified Chanqe in Familv Status
Elections are irrevocable except to accommodate changes in family status as defined in
the Income Tax Regulations, 26 CFR Part 1, orto accommodate any significant curtailment
or reduction of coverage under any given benefit plan, or in the case of any significant
premium increase or decrease imposed by a third-party insurer.
Participants who experience a change in family status may be allowed to change or revoke
elections. Several examples, although not all inclusive, of the types of events that
constitute a change in family status are as follows:
o The marriage, legal separation or divorce of the employee
o The birth or adoption of a child
o The death of the employee's spouse or dependent
o Court-order with specific requirement to cover dependent
o Significant cost change or coverage change
o Termination or commencement of employment by employee's spouse
o Unpaid leave of absence by the employee or the employee's spouse
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10-6
Changes are also permitted in the event of significant changes in health coverage of the
employee or the employee's spouse that are related to the spouse's employment or are
subject to the Special Enrollment Period as described in the Health Insurance and
Portability and Accountability Act (HIPAA).
Changes to benefit elections will be permitted only to the extent that they are consistent
with and appropriate to the reason the change is requested. Proof will be required for all
changes in family status. The employee must submit the request to change plan benefits
within 30 days of the change in family status to Human Resources. If the request is made
after 30 days, the change must wait until the next open enrollment period.
CONTRIBUTIONS
Employer contributions are a fixed amount provided by the City to each eligible employee
on a non-elective basis. Salary reduction agreements are provided for in this Plan for
Health Insurance premiums in excess of the employer's contributions.
In the event payroll deductions for reimbursement accounts are selected and subsequently
stopped due to an eligible family status change, the reactivation of the account will not be
permitted until the next plan year if elected during open enrollment.
FLEXIBLE ALLOTMENTS FOR MISCELLANEOUS EMPLOYEES
Eligible employees are allotted funds based on their bargaining groups. These amounts
are prorated for non-full-time benefited employees. The allotments are as follows:
EMPLOYEE GROUP AMOUNT
Confidential $ 9,726
CVEA $ 9,226
Executive $12,626
Middle Managers $10,226
Senior Managers $11,226
WCE $ 10,226
Mayor $12,626
Council Members $12,626
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Page 5 of 9
10-7
CITY CONTIRIBUTION FOR SAFETY EMPLOYEES (IAFF and POA)
The City will pay the full cost of the Kaiser Permanente Plan premium for Safety
employees and their dependents. In a non-Kaiser Health Maintenance Organization
(HMO) plan, the City will pay the cost of the annual premium less $600. The employee will
pay the $600 premium.
If the employee is enrolling in a non-Kaiser Preferred Provider Organization (PPO) plan,
the City will pay an amount equal to the City's share of the non-Kaiser HMO premium. The
employee through payroll deductions will pay any difference between the City's share of
the medical HMO premium and the full PPO premium cost.
For dental coverage, the City will pay an amount equal to the pre-paid dental plan
premium. For a PPO dental plan, the Safety employee will pay any difference between
the pre-paid dental plan premium and the PPO dental plan premium through payroll
deductions.
In those cases where the employee pays a portion of the premiums for medical and/or
dental insurance, they will be deducted from the employee's paycheck on a pre-tax basis.
If the City does not meet IRS requirements, or if IRS regulations change for any reason,
this benefit may be discontinued.
BENEFIT PLANS
Each employee must select a medical insurance coverage, unless married to another City
employee and is covered under the spouse's policy. The Mayor and Councilmembers
have the option to waive medical insurance coverage.
The options in this plan are as follows:
1. Health Insurance (mandatory coverage)
a. Kaiser Permanente Health Plan
b. PacifiCare PPO Plan
c. PacifiCare (HMO) Low Option
d. PacifiCare (HMO) High Option
e. Spouse of City employee coverage
2. Dental Insurance (optional coverage)
a. Delta Care USA (HMO)
b. Delta Dental PPO
3. Vision Insurance (optional coverage)
a. Spectera Vision
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Page 6 of 9
10-8
4. For Miscellaneous Employees, any remaining Flexible Allotment money may
be used for:
1. Dependent health insurance
2. Employee and/or dependent group dental insurance
3. Employee and/or dependent group vision insurance
4. Cash Payment (taxable)
5. Dental/MedicalNision reimbursement
6. Dependent/Child Care (daycare) reimbursement
Each of these benefits is described in more detail in the Employee Benefits employee
booklet and in the respective Plan Documents or insurance contracts, which are
incorporated here by reference.
BASIC LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D)
The City provides $50,000 group term life insurance and AD&D at no cost to employees.
In addition to basic life insurance, an employee may elect to purchase additional life
insurance at group rates. Premiums are deducted from the employee's paycheck.
FLEXIBLE SPENDING ACCOUNTS
A Flexible Spending Account (FSA) is a way to pay eligible health and dependent care
expenses of employees and their eligible dependents, with tax-free dollars. An eligible
employee may set aside money on a pre-tax basis from the Flexible Allotment and/or from
his/her paycheck to fund FSA accounts as follows:
Miscellaneous Employees:
. Cafeteria Dental/MedicalNision (D/MN) Spending Account;
. Cafeteria Dependent/Child Care Spending Account;
. MyFund Dental/MedicalNision (D/MN) Spending Account; and/or
. MyFund Dependent/Child Care Spending Accounts
Safety Employees:
. MyFund Dental/MedicalNision (D/MN) Spending Account; and/or
. MyFund Dependent/Child Care Spending Accounts
When the participant incurs an eligible expense, the participant may submit a claim form to
Human Resources for reimbursement. In accordance with IRS Notice 2005-42, deadline
for reimbursement of health and dependent care expenses is extended up to 2% months
after the end of the Plan Year. Expenses for qualified benefits incurred during the 2% -
month grace period may be reimbursed from the benefits or contributions remaining
unused at the end of the Plan Year. The effect of the grace period is that the participant
may have as long as 14 months and 15 days to use the contributions before the unused
amounts are forfeited.
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Page 7 of 9
10-9
An eligible employee may elect up to $5,000 for a Payroll Deduction (MyFund)
Dental/MedicalNision (D/MN) Spending Account. Single or married (filing a joint return),
eligible employees may also set aside up to $5,000, from all sources, per plan year for a
Payroll Deduction (MyFund) Dependent IChild Care Reimbursement Account. A married
employee filing returns separately may set aside up to $2,500 per plan year.
HIPAA PRIVACY POLICY FOR HEALTH FSA ACCOUNTS
The City's HIPAA Privacy Policy is in compliance with the regulations of the Health
Insurance Portability and Accountability Act of 1996 (HIPAA), restricting the City's use and
disclosure of protected health information (PHI) obtained from the City's self~administered
Cafeteria Dental/MedicalNision (DMV) Care and MyFund Health Flexible Spending
Accounts.
CONSTRUCTION
If this Plan contains contradictory provisions or if there appears to be a conflict between its
provisions, the following rules apply:
a. The interpretation that favors the Plan as a tax-free plan over any interpretation that
might render the Plan taxable.
b. Subject to paragraph (a), the rules established by the Supreme Court of California
for the construction of like instruments will apply.
PLAN PARTICIPATION RIGHTS
As a participant in the plan, you are entitled to examine, without charge, at the Plan
Administrator's office all plan documents including insurance contracts; obtain copies of all
Plan Documents (at a reasonable cost) and other Plan information upon request to the
Administrator.
PLAN IS NOT AN EMPLOYMENT CONTRACT
This plan document is not a contract of employment. Neither the creation of the Plan nor
any amendment to it gives any legal or equitable right to any person against the employer.
Participation in the Plan does not give any member any right to continued employment.
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Page 8 of 9
10-10
PLAN ADMINISTRATOR
The Plan Administrator is the Director of the Human Resources Department or his/her
designees. The address of the Plan Administrator is:
276 Fourth Avenue
Chula Vista, CA 91910
Telephone: (619) 691-5096
PLAN AMENDMENT OR TERMINATION
The City of Chula Vista reserves the right to amend the Plan from time to time if deemed
necessary or appropriate to meet the requirements of the Internal Revenue Code and any
similar provision of subsequent revenue or other laws or pursuant to negotiations with the
Employee groups; provided that no such modification or amendment shall make it possible
for any benefit contributions or payment to be used for, or directed to purposes other than
for the exclusive benefit of participating employees and their beneficiaries under the Plan.
The City reserves the right to discontinue or terminate the Plan at the end of any Plan Year
or in accordance with negotiations with the Employee Groups. Any such amendment,
discontinuance or termination shall be effective on January 1 of any given year or such
date that is agreed upon by the City and Employee Groups. No amendment,
discontinuance or termination shall allow the return of funds to the City or the use of any
funds for any purpose other than for the exclusive benefit or participating employees and
their beneficiaries.
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Page 9 of 9
10-11
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE CITY OF CHULA VISTA
CAFETERIA BENEFITS PLAN FOR 2008
WHEREAS, the Internal Revenue Code requires that employers offering cafeteria plans
under Section 125 have a written plan document and that the employer adopt the plan document
annually; and
WHEREAS, in June 1998, Council authorized updates to the City's flexible benefit plan in
compliance with Internal Revenue Service guidelines; and
WHEREAS, the document attached to this resolution as Exhibit A for formal adoption is the
result of the meet and confer process and the 2008 Plan Document ("Plan") presented contains the
health, dental, vision, life and flexible spending account options for Plan Year 2008; and
WHEREAS, the Plan has been updated to reflect the 2008 beginning Flex Plan amounts,
current health, dental and vision care plan options, and other changes to comply with current IRS
regulations related to Section 125 Plans (i.e., definition of qualified change in family status and
access to Plan while on FMLA).
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does
hereby adopt the City of Chula Vista Cafeteria Benefits Plan for 2008 as set forth in Exhibit A.
Presented by
Approved as to form by
Marcia Raskin
Director of Human Resources
~roJ\~~~
Ann Moore
City Attorney
J:\AtlorneyIRESOIBENEF1TSICafelena Pla1l2008.doc
10-12
CITY COUNCIL
AGENDA STATEMENT
12/4/2007 Item~
SUBMITTED BY:
REVIEWED BY:
RESOLUTION ACCEPTING $173,857 FROM
THE CALIFORNIA OFFICE OF TRAFFIC SAFETY,
AMENDING THE FY 2007/2008 POLICE BUDGET FOR
THE SOBRIETY CHECKPOINT PROGRAM AND
APPROPRIA TING 1J1ND~ THEREFOR.
CHIEF OF POLIC~ )) ___
CITY MANAGER ?~,~~. ,r
4/5THS VOTE: YES X NO
ITEM TITLE:
BACKGROUND
The California Office of Traffic Safety's (OTS) mission is to obtain and effectively
administer traffic safety grant funds to reduce deaths, injuries and economic losses
resulting from traffic related collisions, The Police Department has been awarded
various OTS grants, including the Serious Traffic Offenders Program (STOP),
Comprehensive Traffic Safety Program, DUI Enforcement Program, and Selective
Traffic Enforcement Program (STEP), which all enhanced the Traffic Unit by funding
new positions, Additionally, OTS administers mini-grants such as the Sobriety
Checkpoint Program and Click It or Ticket, which funds traffic enforcement operations
on an overtime basis,
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section
l5060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA Thus, no
environmental review is necessary,
RECOMMENDATION
That Council adopt the resolution to accept $173,857 from the California Office of
Traffic Safety for the Sobriety Checkpoint Program, and amend the FY 2007/2008 Police
Department's personnel services budget by appropriating $120,362.
11-1
12/4/2007, ltemL
Page 2 of2
BOARDS/COMMISSION RECOMMENDA nON
Not Applicable.
DISCUSSION
The Police Department has received funding from the California Office of Traffic Safety
for the Sobriety Checkpoint Program. The goal of this program is to reduce the number
of victims killed and injured in alcohol-involved crashes. The Department has been
approved to conduct up to 26 sobriety checkpoints during a twelve-month period of
October 1, 2007 to September 30, 2008. Conducting checkpoints during specified Winter
Holiday and Labor Day mobilization periods is a priority for the Office of Traffic Safety
and National Highway Traffic Safety Administration (NHTSA). The Winter Holiday
mobilization runs from December 17, 2007 to January 3, 2008, and the Labor Day
mobilization runs from August 17, 2008 to September 3, 2008. Additional checkpoints
may be conducted outside of these mobilization periods. Each sobriety checkpoint will
be compensated on an overtime basis only\
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
Approval of this resolution will result in the appropriation of $173,857 to the personnel
budget of the Police Department. Because the grant period crosses between two fiscal
years, $120,362 will be appropriated in FY 2007/2008 and $53,495 will be appropriated
in FY 2008/2009. The funding from the Office of Traffic Safety will offset the costs of
conducting the sobriety checkpoints, resulting in no net impact to the General Fund.
ATTACHMENTS
None.
Prepared by: Jonathan Alegre. Senior Management Analyst, Police Department
11-2
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING $173,857 FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY,
AMENDING THE FY 2007-2008 POLICE BUDGET FOR
THE SOBRIETY CHECKPOINT PROGRAM AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the Police Department was awarded a twelve-month grant from the
California Office of Traffic Safety for the Sobriety Checkpoint Program; and
WHEREAS, the goal of this program is to reduce the number of victims killed
and injured in alcohol-involved crashes by conducting sobriety checkpoints; and
WHEREAS, each sobriety checkpoint will be compensated on an overtime basis
only; and
WHEREAS, the grant funds from the California office of Traffic safety will offset
the costs of conducting the sobriety checkpoints.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChu1a
Vista does hereby accept $173,857 from the California Office of Traffic Safety for the
Sobriety Checkpoint Program and amend the Police Grant Fund budget by appropriating
$173,857 for personnel costs.
Presented by:
Approved as to form by:
Richard P. Emerson
Police Chief
~M.If/dIfL/ti
nn Moore f!
City Attorney
J;\Atlomey\RESO\POLlCE\AcCCpl S173K from Cal ofe of Traffic Safety--Sobriety "t !.~am_12-04-07.doc
CITY COUNCIL
AGENDA STATEMENT
~f:. CITY OF
-~ CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
DECEMBER 4, 2007, Item~
RESOLUTION ESTABLISHING A MASTER
COMMUNICATIONS SITE LICENSE AGREEMENT WITH
OMNIPOINT COMMUNICATIONS INC., (T-MOBILE) FOR
THE INSTALLATION AND OPERATION OF AS MANY AS
25 WIRELESS TELECOMMUNICATIONS FACILITIES OR
SUBSTANTIALLY SIMILAR FACILITIES ON CITY-
OWNED AND CONTROLLED PROPERTY, SUBJECT TO
ALL NECESSARY APPROVALS, FOR A PERIOD OF 5
YEARS WITH AN OPTION TO RENEW FOR AS MANY AS
FIVE ADDITIONAL 5-YEAR TERMS; AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
DIRECTOR ~ONSERVATION & ENVIRONMENTAL
SERVICES ~
~
ASSISTANT CITY l~r~ S J
CITY MANAGER r10 V
4/STHS VOTE: YES D NO ~
SUMMARY
Conservation & Environmental Services Department (CES) is submitting a Master
Communications Site License Agreement (MLA) for the City Council's review and
consideration. Adoption of the proposed resolution would establish a MLA between the
City and Omnipoint Communications, Inc., a Delaware Corporation ('T-Mobile") for the
installation of as many as 25 total wireless telephone facilities (WTF) on property owned
or controlled by the City. The City and T-Mobile are parties to an existing Master Site
Communications License Agreement (MLA), dated November 5, 2002, which was
entered into by Pacific Bell Wireless, LLC, T-Mobile's predecessor. The City and T-
Mobile mutually desire to terminate the 2002 MLA and replace it with the proposed
MLA, effective upon the payment of $77,000 to the City by T-Mobile that will relieve
Omnipoint Communications, T-Mobile and PacBell Wireless of all annual fee obligations
under the 2002 MLA.
12-1
DECEMBER 4, 2007, Item~
Page 2 of6
The proposed MLA includes mutually beneficial and agreed upon terms that are
consistent with those provided to other wireless carriers including, but not limited to:
accommodating T-Mobile's requests to formally incorporate T-Mobile's change in name
subsequent to their disengagement from Pacific Bell Wireless, LLC, and establishing a
new MLA for one five-year term with up to five additional five-year options that are
subject to the City's review and approval. The MLA also provides an additional rent
reduction incentive for a smaller site option. The City retains its preferred technical
conditions and will receive an annual fee adjustment of 3% that brings the fees up to
current market value and makes them comparable to other City MLA carriers.
BACKGROUND
The City Council approved Resolution 18601 on March 18, 1997, conceptually
approving the marketing of City properties for use by telecommunications companies.
On September 16, 1999, the City Council approved Master License Agreements (MLA)
with AT&T and Cox PCS, Assets, LLC, for installation and operation of as many as 50
wireless communication sites on property owned or controlled by the City. The City also
approved an MLA with Pacific Bell Wireless, LLC for as many as 25 sites in November
2002, with Cricket for as many as 35 sites in February 2006 and with the New Cingular
(AT&T) for as many as 25 sites in July 2007. In 1998, when the City began negotiations,
Council originally directed staff to negotiate rates that would provide wireless carriers an
incentive to come to Chula Vista. It was Council's desire at that time to see Chula Vista
commercial and residential consumers have the opportunity to be early adopters of the
technology and benefit from the competition of multiple carriers. Staff reached out to the
industry, held workshops and invited them to the City to structure "master" agreements
that would provide prompt entry at below-market rates. Nine years later, now that the
technology is readily available and provides competitive options, Council has asked staff
to ensure that the City is receiving market rates for its sites.
Additionally, over a relatively short period of time, the technology has evolved from a
unique business tool, used by a few people, primarily in commercial areas, to a common
business and household convenience used almost everywhere. That has put tremendous
demand on sites in predominantly residential areas with few site options. The increase in
sites to cover the varied topography of a growing city increases exponentially by: 1) the
limitations that each site can carry during peak periods, 2) the increased intensity of
bandwidth use for items such as music, video and internet uses versus the original voice
functions, and 3) the desire to accommodate more carriers with the expectation of
fostering greater consumer choice, competition for price and service quality. The public
demand for these services continues to grow and all of these issues place a greater
demand on sites, particularly in residential neighborhoods. Federal and state law does
not allow cities to deny permits based on health or solely on aesthetics issues. The
Council and staff have worked with industry for many years on a "master license
agreement" approach to reduce the pressure on siting these facilities in less appropriate
areas.
The MLAs provide the City with an opportunity to work cooperatively with the carriers
to expedite their projects, provide adequate volume and coverage needed to meet public
12-2
DECEMBER 4, 2007, Item~
Page 3 of6
demand, provide incentives to pursue sites that have the least impact to residents and
meet the aesthetic and safety goals of the community, while capturing revenue that helps
the City fund public services at no additional cost to the ratepayer. Above all, the
wireless industry values rapid deployment, and works with the City to accommodate the
community's objectives based predominantly on our ability to demonstrate a record of
timely zoning and construction approvals that support that goal. The City Attorney's
Office, Finance, Planning and Risk Management have provided critical assistance to CES
in developing and securing the MLA terms needed to protect the public interest while
meeting the objectives of the communications industry.
T-Mobile is an existing mobile phone service provider that is seeking to expand and
improve its coverage in the region and accommodate a name change. Staff has been
working on establishing a new MLA with T-Mobile, subsequent to their disengagement
from the Pacific Bell Wireless MLA and to accommodate their request for a change in
name. Staff is recommending that the City execute an MLA between the City and T-
Mobile Wireless PCS, LCC, (Attachment 1) which outlines mutually beneficial terms
based predominantly on the terms and conditions currently in place with other City MLA
partners.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity, approval of
a Master Licensing Agreement, for compliance with the California Environmental
Quality Act (CEQA) and has determined that the activity is not a "Project" as defined
under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060
(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although
environmental review is not necessary at this time, each individual wireless
telecommunication facility will have environmental review once the projects are further
defined and a CEQA determination will be completed prior to installation of any new
facilities.
RECOMMENDATION
That Council adopt the resolution approving the new Master Communications Site
License Agreement with T-Mobile for the installation and operation of as many as 25
total WTF or substantially similar facilities on property owned or controlled by the City
for a period of five years, subject to all necessary approvals, with an option to extend the
MLA for up to five additional five-year terms.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
MASTER LICENSE AGREEMENT: The MLA allows T-Mobile to install as many as 25
total WTF's on property owned and/or controlled by the City and to operate within the
scope of this MLA for a period of five years. The MLA allows for as many as five
additional five-year terms, each with the written request of T-Mobile and the subsequent
12-3
DECEMBER 4, 2007, Item~
Page 4 of 6
written approval of the City Manager. Prior to the renewal of each five-year term, the
annual license fee is subject to renegotiation to ensure that the City is receiving market
value for its facilities. T -Mobile has completed that negotiation on what staff considers
to be mutually beneficial terms. T-Mobile's annual license fees varv based on the number
of cabinets and antennae at each WTF site and the footprint of the site. The annual fee
for each WTF site that includes as many as 7 equipment cabinets and 12 antennas would
be adjusted as follows:
* Maximum lO'x20' area or enclosure
** Maximum 1 Q'x 16' area or enclosure reduced fee by 25%
*** Approximately 3'x3'x3' or 27 cubic feet cabinet
T-Mobile has also agreed to make a 3% rate adjustment to bring rents inline with market
rates for comparable sites in the region. The 3% increase is reflected in the 2007 line
item increases. The other line items reflect the standard 3% annual increase. T-Mobile
will make a payment to the City of $77 ,000 prior to the final execution of the agreement
that will relieve Omnipoint Communications, T-Mobile and Pacific Bell Wireless of any
obligations for fees under the previous agreements.
In some instances, T-Mobile will require a site for antennas or cabinets only. Staff has
also accommodated T-Mobile's request for a rent option for a smaller site configuration
that they expect to use frequently. The annual license fee for those facilities will be less
than a full site as identified in the table above. The MLA would also continue to include a
clause that reduces these rates by as much as 40% with T -Mobile and other contractors if
they propose projects that underground the cabinets and pedestals or take other similar
measures to reduce the impacts to land use. Council approved a similar clause in the
2002 Pacific Bell Wireless, 2006 Cricket and Sprint and the 2007 New Cingular License
renewals.
T-Mobile is required to comply with all local, state and federal applicable laws. The
Schedule of Premises shall be administratively approved for each site and contain
specific conditions that must be satisfied and maintained in order to use the wireless
facility. The Schedule of Premises will be submitted to the Zoning Administrator and
circulated to the Director of Conservation & Environmental Services and all other
appropriate departments. T -Mobile shall continue to pay the appropriate full staff costs
for processing each submittal.
12-4
DECEMBER 4, 2007, Item~
Page 5 of6
All of T-Mobile's construction, installation, maintenance and removal of the WTF
facilities will be at their sole responsibility and cost. If T -Mobile causes any damage to
the public right of way or City property, they are required to repair it promptly at their
sole cost. T -Mobile will not be allowed to activate their site until the City signs off on
final construction. The original MLA, the Schedule of Premises for each site and City
Municipal Code provide for a number of risk mitigation measures for the City including:
indemnity; insurance requirements; limitation on remedies available to T-Mobile in the
event of a City breach; and reservation of the City's emergency and police powers.
IMPACTS ON CITY PROPERTY: The installation will vary depending on the site T-Mobile
needs. As mentioned, all installations will be required to receive all applicable permits
and T-Mobile will work closely with Planning, Engineering & General Services, CES
and a representative from the host department to assure that they do not interfere with
City operations or facility maintenance. The three primary types of installations are
building mounted, ground mounted and light standard mounts. Building mounted
installations generally involve mounting antennas on the facade or on the roof of the
building, in addition to accommodating equipment cabinets on the ground or on the roof.
Ground mounted applications involve construction of a "monopole" or more stealth
applications where the monopole is camouflaged as an artificial pine, broadleaf or palm
tree, flagpoles or complimentary structures such as clock towers or facility signs. In this
case the cabinets are generally mounted on a concrete slab adjacent to the antenna
structure. The largest size cabinet systems use an area of approximately 10 by 20 feet.
Both applications will require some trenching and cabling. The installations will require
maintenance and administration on a limited basis. All proposed facilities would be
required to secure all necessary land use, building and engineering permits. Staff will
encourage T-Mobile to take advantage of reductions in montWy site payments by
undergrounding the cabinets and other structures whenever possible.
FINANCIAL BENEFITS: T-Mobile will be compensating the City for use of each site by
paying an annual license fee to the City General Fund for each system installed. T-
Mobile's annual license fee for a typical site that includes both antennas and cabinets is
approximately $26,000. The MLA authorizes as many as 25 WTF facilities by T-Mobile.
The annual fee increases by 3% a year beginning January 2008, and is subject to
renegotiation prior to the renewal of each five-year term to ensure the City is receiving
market rate rent.
Staff also works with T-Mobile and other carriers to implement basic facility
improvements or enhancements at each site to help them compliment the facilities'
function when the construction and demolition or site programming warrant it. For
example, it is common for WTF equipment shelters to provide extra storage for
Recreation or the Library, a pad for water fountains, vending machines or other amenities
not currently available in that part of the facility. It is also common for light standards to
be replaced or upgraded when antennae are added. These improvements are typically in
addition to the lease payments. With the addition of aT-Mobile MLA, the City now has
an estimated 60% to 70% of the regional mobile communications business under an
MLA agreement that contains terms that the City believes are important to protecting the
12-5
DECEMBER 4, 2007, Item-.l.b.-
Page 6 of6
public interest. CES will be working with the City Attorney and Finance Department to
actively engage the remaining major carrieres) in MLA discussions over the next few
months.
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 I 8704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT
T-Mobile will increase the annual fee paid the City for all future sites by 3%. Staff
believes there will ultimately be I site at the end of this year. The MLA authorizes as
many as 25 WTF facilities at a yearly rate of as much as $25,706 per WTF site at the
current annual rate. If T-Mobile were to execute all the remaining full sites
(approximately 24) it could generate up to approximately $650,000 in revenue per year
and be subject to the annual 3% increase each January. Although it is difficult to identify
development trends in the rapidly changing telecommunications field, staff projects the
addition of at least 2 sites per year for the immediate future. Staff has also secured a
payment of approximately $77,000. Additionally, the City is reimbursed for staff time
spent on review and approval of each site application submitted for the planning process.
There will be some staff time associated with monitoring and ensuring compliance with
the MLA, which is budgeted as part of the Conservation & Environmental Services
Department annual responsibility. The Finance Department also plays a key role in
tracking and assisting with the collection of annual license revenues.
ATTACHMENTS
Master Communications Site License Agreement
Prepared by: Michael Meacham, Director, Conservation & Environmental Services
12-6
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A MASTER
COMMUNICATIONS SITE LICENSE AGREEMENT WITH
OMNIPOINT COMMUNICATIONS INC. ("T -MOBILE") FOR THE
INSTALLATION AND OPERATION OF AS MANY AS 25
WIRELESS TELECOMMUNICATIONS FACILITIES OR
SUBST ANTIALL Y SIMILAR FACILITIES ON CITY -OWNED
AND CONTROLLED PROPERTY, SUBJECT TO ALL
NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS WITH
AN OPTION TO RENEW FOR AS MANY AS FIVE ADDITIONAL
5- YEAR TERMS; AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
WHEREAS, the City Council approved Resolution 1860 I on March 18, 1997, conceptually
approving the marketing of City properties for use by telecommunications companies; and
WHEREAS, on September 16, 1999, the City Council approved Master License Agreements
("MLA") with AT&T and Cox PCS, Assets, LLC, for installation and operation of as many as 50
wireless communication sites on property owned or controlled by the City; and
WHEREAS, on November 5, 2002, and March 1,2006, the City also approved MLAs with
Pacific Bell Wireless, LLC, for as many as 25 sites, and Cricket for as many as 35 sites,
respectively; and
WHEREAS, T -Mobile is an existing mobile phone service provider that is seeking to expand
and improve its coverage in the region and accommodate a name change; and
WHEREAS, staff has been working on establishing a new MLA with T -Mobile, subsequent
to their disengagement from the Pacific Bell Wireless MLA, and to accommodate their request for a
change in name; and
WHEREAS, staff is recommending that the City enter into a new Master Communications
Site License Agreement with T-Mobile to install and operate up to 25 wireless telecommunication
facilities or substantially similar facilities on property owned or controlled by the City for a period of
up to five years, with an option to extend the agreement for up to five additional five-year terms.
NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista does
hereby approve and authorize the Mayor to execute the Master Communications Site License
Agreement with Omnipoint Communications Inc. ("T-Mobile"), a copy of which is attached to this
Resolution.
. . . . 1 ?-7
J:\AttomeyIRESO\AGREEMENTS\Qmnipoml CommumcaIIOlla{T-Moblle) MLA \2-04-0~..foc
Resolution No. 2007-
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute the Master Communications Site License Agreement with
T -Mobile, for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Michael Meacham
Director, Department of Conservation
& Environmental Services
J:\Attomey\RESO\AGREEMENTS\Omnipoint Communicationa (T .;t.2rre~LA _12-04-07 .doc
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: l\ /1/11.[ 01
(
Master Communications Site License Agreement
Between
City of Chula Vista and
Ornnipoint Communications, Inc. ("T-Mobile")
For T-Mobile to attach, install, erect, operate, and maintain
up to twenty-five(25) various unmanned wireless telecommunications
facilities, or substantially similar facilities, on public property under the
ownership and/or control of the City for purposes of providing wireless
communications services.
12-9
MASTER COMMUNICATIONS SITE LICENSE AGREEMENT
THIS MASTER COMMUNICATIONS SITE LICENSE AGREEMENT C'License") doted as of
. 2007 ("Effective Date"). is entered into between Omnipoint Communications, Inc., a Delaware
Corpora[ion ("T~Mobile"). and the CITY OF CHULA vrST A, A MUNICIPAL CORPORATION ("City") with
reference to the following f.,cts;
A. T-MobLle wishes to attach, install, erect. operate, and maintain up to twenty-five (25) vatious unmanned
wireless telecommunications facilities, or substantially similar facllities, 011 public property under the
ownership and/or control of the City for purposes of providing wireless communications selvices.
B. City is willing to allow T-Mobile to attach, install, erect, operate and maintain the Facilities subject to the
terms and conditions set forth herein and in the site specific Scheduie of Premises.
C. City and T-Mobile are palties to an existing Master Site Communications License Agreement, dated
November 5, 2002, which was entered into by and between the City and Pacific Bell Wireless, LLC, T-
Mobile's predecessor-in.interest. (the "'2002 License"). The City and T-Mobile mutuaIfy desire to
terminate the 2002 License and replace it with this License. The City and T -Mobile acknowledge that T-
Mobile owes the City certain fees under the 2002 License, and desire to terminate the 2002 License,
effective upon the payment of those fees. The City and T~Mobile further desire to have this License take
effect immediately upon the termination oftbe 2002 License.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree to the following covenants, terms, and conditions:
I. DEFINITIONS:
1.1. Licensed Premises OJ' Premises: The City owns in fee, or controls through easement rights,
certain real property located in the City of Chula Vista, California. Portions of such property shall be
described in a Schedule (as defined below) approved by the City and attached hereto. The property
described in such Schedules shall constitute and be described and collectively referred to herein as the
"Licensed Prcmisesn Of "Premises." Licensed Premises shall include any appurtenant property the City
owns, or conb'Ols on which T~Mobile installs utility and transmission lines with City's prior approval
pursuant to Section 2.4 below.
1.2. Schedule: Attached hereto and incorporated herein by reference shall be v8I'ious Schedules of
Licensed Premises (hereinafter llSchedule"), Each Schedule shaH be substantially in the form attached
hereto as Exhibit B and shall include the description of the specific T-Mobile Improvements (described
below) or light standards allowed on the Licensed Premises, its configuration, and the site specific
conditions necessary for approval (hereinafter I'Conditions of Approval"). Both paliies agree that
Schedules may be added or deleted by administrative action by City from time to time subject to and in
accordance with the provisions of this License. including but not limited to Section 5.3 regarding
GovemmentaJ Approvals. No more than 25 Schedules may be in effect at anyone time. Both parties also
agree that the City may add to, delete or modify the Conditions of Approval at any time during the term
of this License to advance a legitimate and reasonable governmental interest.
1.3. Pre-existing Communications: "'Pre-existing Communications" shall be defined as those
communications configurations, equipment and frequencies which exist on City's property or are in use
by the City within or around the City as of the Effective Date of this License or as of a Commencement
Date of an applicable Schedule.
104. T~Mobile Improvements or T-Mobile's Improvements: T-Mobile Improvements shaH be
defined to be those unmanned wireless telecommunications facilities comprised of radio frequency
transmitting and receiving equipment, antennas, cables~ conduits, wires, batteries, utility lines.
Page I of20
12-10
transmission lines, radio frequency transmitting and receiving antennas and supporting stl'Uctul'es and
improvements, whtch are approved by the City and which are located or proposed to be located per this
License, on Licensed Premises. A typical example of the facilities comprising the T-Mobile
Improvements is set forth in Exhihit A, attached hereto. T-Mobile Improvements shall exclude light
standards or poles located in City rights-of-way, whether or not said light standards or poles are installed
by City or T -Mobile. Such excluded improvements shall be owned by City.
1.5. Commencement D~te: Upon execution hereof by all parties hereto the Commencement Date of
this License shall be the Effective Date, The Commencement Date of this License with respect to each
individual Licensed Premise shall be as specified in each related Schedule.
2. PREMISES AND LICENSED USES
2.1. Grant of License. Subject to the following terms and conditions and each Schedule's site
specific Conditions of Approvnl, City hereby grants to T.Mobile a non-exclusive license to the Premises
as depicted in the Schedules attached hereto and incorporated herein from time to time. Each Schedule
executed hereunder shall be substantially in the fonn of Exhibit B.
2.2. Use. The Premises may be used by T-Mobile solely for the transmission and reception of non-
franchised wireless telecommunication signals on various frequencies and the construction, maintenance
and operation of City-approved T-Mobile Improvements.
2.3. Pre-Construction; Testing. T-Mobile shall have the right (but not the obligation) at any time
following the full execution of this License and prior to the Commencement Date under each Schedule to
enter the Premises for the purpose of making necessary inspections, engineering surveys (and soil tests
where applicable) and other reasonably necessary tests (collectively Wfestsl1) to determine the suitability
of the Premises for T-Mobile Improvements and for the purpose of preparing for the construction ofT.
Mobile Improvements at no expense to City. During any Tests or pre-construction work, T-Mobile shall
have the insurance coverage set forth in Section 4.4, Insurance. T-Mobile shall provide the City with
priOI' notice of any proposed Tests or pre.col1struction work and will coordinate the scheduling of same
with City. T-Mobile, at T-Mobile's sole cost and expense, will restore the Premises to the same condition
as existed prior to any such tests or pre-construction work by T-Mobile.
2.4. Installation ofT-Mobile Improvements.
2.4,1. In General. This License grants to T-Mobile the right to construct, maintain and
operate T -Mobile Improvements on the Ucensed Premises subject to the tenns and conditions set
forth herein and those Conditions of Approval found in each Schedule. All T-Mobile
constmction and installation work shall be performed at T-Mobile's sole cost and expense and in
a good and workmanlike manner. Title to T -Mobile Improvements shall be held solely by T-
Mobile, and all T-Mobile Improvements shall remain the personal property ofT-Mobile and shall
not be treated as real property or become a part of any Premises even though affixed thereto. All
street light standards on pl'Opelty owned or controlled by the City, whether installed pursuant to
this License by City or T-Mobile, shall be owned by the City. Prior to instaiJation and operation
of each set of T -Mobile Improvements, T -Mobile must obtain any and all required federal, state
and local pennits required for such installation and operation. City permits required include,
without limitation, building permits and an approved Schedule. City shall exercise its best efforts
to pl'Ocess Improvements applications within furty-five (45) days after the submittal of a
completed application. In addition, an work shall be scheduled in advance and coordinated with
parks operations personne~ OIlSite recreational staff, Public Works, Engineering or other City
staff as appropriate prior to commencemellt of the WOl'k to minimize the potential for conflicts
with recreation and other City programs or activities occurring on the site. T-Mobile agrees that
the site will not be activated until the City has signed off on final constmction, which sign off
shall not be unreasonably withheld or delayed. Absent such sign off, T -Mobile shall have
Page 2 0[20
12-11
recourse to an appeal to the City Manager.
2,4.2, Location ofT-Mobile Impl'ovements. The location ofT-Mobile Improvements on Licensed Premises
shall be subject to the Zoning Administrator's prior approval. In deciding whether to approve a
location, the Zoning Administrator will take into consideration City's goal to assure that wireless
telecommunication networks are completed with the fewest possible facilities, in the least visible
fashion, and with the least disruptive impact on neighborhoods and communities within the Cit)'
of Chula Vista. For example, denying or conditionally approving a location to preserve and
enhance the aesthetic qualities of the City of Chula Vista shall not be deemed unreasonable. City
approval shall be deemed given once the Zoning Administrator has approved the Schedule of
Licensed Premises with associated Conditions of Approval. If a schedule is denied, T~Mobile
shall have recourse to appeaJ to the City Manager, whose decision will be final. It is understood
that both parties will work together to find the optimum location fOI'T-Mobile's antennas on the
Licensed Premises that have the least impact to City and private property.
T ~Mobi1e agrees to reimburse City for the reasonable costs, including reasonable administrative
overhead. of processing the approval of each Schedule. The process for reimbursement shaH be
conducted in the same 01' similar manner as the City's processing of a non-administrative
conditional use permit.
2.4.3. Utilities. T-Mobile shall have the right to install utilities which are necessary for the
operation ofT-Mobile Improvements, at T-Mobile expense. and to improve the present utilities
on or near the Premises (including, but not limited to the installation of emergency back~up
power). Such utilities sha.1I be subject to City approval and removal in the same manner as other
T-MobiJe Impl"Ovements as provided in Section 2.4.2, and 2.10, respectively. T-Mobile shall
fully and p!'Ornptly pay for all utilities furnished to the Premises for the use, operation and
maintenance ofT-Mobile Improvemenbi., Payment of all costs for said utilities' deactivation and
removal, including any costs, which would survive the term of said License or Schedule, shall be
the exclusive obligation of T-Mobile. T-Mobile Improvements shall inchlde separate utility
meters.
2.4.4. Street Light Standards. In the case of installations on street light standards or mast
arms, T-Mobile shall comply with aU applicable City regulations for the installation of
streetlights. If the installation is to be done via replacement of an existing standard and/or mast
aIm, said replacement shall meet the same regulations as were applied to the existing standard
and/or mast ann and be completed to the satisfaction of the Zoning Administrator. Said
regulations shall include, but not be limited to, the form, size, strength and construction materials
specified for.City street lights. Consistent with the City's lawful ex.ercise of police powers, such
regulations may be amended at the City's sole and absolute discretion including, but not limited
to, allowing for additional space for internal wiring of City and/or T-Mobile or, altered
foundation requirements to accommodate joint City and T~Mobile uses, or other technical
reasons; pl"Ovided that (i) City shall pay costs to modifY street light standards or mast arms which
it C,)wos in accordance with such amended regulations and (ii) T-Mobile shall pay all costs to
modify T-Mobile's Improvements as required by such amended regulations. In making any such
amendments, City shall use reasonable efforts to accommodate and not materially adversely
impact the functioning of existing T -Mobile Improvements. In the event the amended regulations
make existing T-Mabile Improvements unusable by T-Mobile, then City shall use reasonable
efforts to provide a suitable alternate location. Upon reasonable notice and written J'equest by the
Zoning Administrator, Licensee shall provide a replacement pole that is pre-approved by the City
Engineer and shall deliver the existing pole to the City Corporation Yard or some other suitable
site within the City designated by the Clty Engineer. The design of the pole, method of
attachment for Licensee's equipment and all other connections shall meet the specifications
reasonably required by the Zoning Administrator.
Page 3 of20
12-12
2.4.5. Compliance with Laws. T-Mobilc's Installation and operations of Improvements must
comply with any and all applicable federal, state and local laws. Installation of improvements in
or near the public right of way shall meet the requirements of the Americans with Disabilities Act
with regard to minimum clearance and public use of sidewalk areas.
2.4.6. Restol'ation. If any City sidewalk is disturbed in the course of installation, T -Mobile
shall replace said sidewalk from cold joint to cold joint from each direction from the disturbed
area and to the satisfaction of the City Engineer. If any ex.isting landscaping, irrigation systems,
utilities or other City facilities are disturbed in the course of installation, T-Mobile shaH replace
and restore said property to its pre-installation condition.
2.4.7. Maintenance. Maintenance of the T-MobiJe Improvements shall be the sole
responsibility ofT~Mobi!e during the entire term of this License, and T-Mobile agrees to keep all
T-Mobile Improvements in good condition and repair.
2.5. Access.
2.5.L T-Mobile and T-Mobile employees, agents, contractors and subcontractors shall have
access to the Premises twenty-four, (24) hours per day, seven (7) days per week, at no charge to
T-Mobile, subject to the conditions set forth in each Schedule. City hereby licenses to T-Mobile
all rights of ingress and egress held by City to the extent requjred to construct, maintain, install
and opel'ate T-Mobile Improvements on the Premises. T-Mobile's exercise of such rights shall
not cause undue inconvenience to City.
2.5.2. In connection with installations on light standards, mast arms or poles, T-Mobile shall
provide at least seven (7) days written notice to the City Engineer of installation date and time.
T-Mobile shall pay any and all costs associated with City shut off and reCQnnect of power to
Pl'emises, installation oversight and/or inspections if City reasonably deems necessary.
2.5.3. In connection with T-Mobile's maintenance of T-Mobile Improvements an street light
standards, mast arms Qr poles, T-MQbile shall provide at least twenty fQur, (24) hours nQtice tQ
the City Engineer and pay City any and all costs associated with City shut off and reconnect of
power to Premises, maintenance oversight and/or inspections jf City deems reasonably necessary.
In case of need for emergency maintenance ofT-Mobile Improvements, T~MobiIe shall use its
best efforts to give prior notice to City Engineer but shall notify City of such work as promptly as
reasonably possible after the work is commenced.
2.5.4. In connection with City's maintenance to street lights which share a standard or mast ann
with such installatiQns, City shall use it' best effQrts tQ provide T-MQbile at least twenty four (24)
hours notice of said maintenance. If City desires to have a technician of T-Mobile on site during
said maintenance, T-MobiJe shall pl"Ovide said technician upon at least twenty four, (24) hours
notice. In case of need for emergency maintenance of City's street lights which share a standard
or mast arm with such installations, City need not give prior notice to T-Mobile but shall notify
T-Mobile of such work as promptly as reasonably possible after the work is commenced.
2.6. Interference with Communications.
2.6.1. T-Mobile Improvemellts at any given Premises shall not interfere with pre.existing
Communications (determined with respect to such Premises at the date the Schedule for such
Premises is executed). T~Mobi1e Improvements shall also comply with all noninterference 1lI1es
of the Federal Communications Commission ("PCC").
2.6.2. Any radio equipment installed by T-Mobile on the Premises shall be fi'equency
compatible with all radio transmitting and receiving equipment existing and in use on the
Page 4 <Jf20
12-13
Premises at the time initial installation of such equipment is made. In the event T-Mobile
installation electronically or physically interferes with City's installation already existing on the
Premises, T-Mobile shall take all necessary steps. at its own cost and expense) to eliminate such
interference, wbether so required by the FCC or not.
2.6.3, Except to the extent necessary to install, operate or maintain public improvements, or in
the event of an emergency, the City shall not knowingly interfere with the location, configuration,
frequency or operation of T-Mobile Improvements ex-cept in the case of Pre-Existing
Communications that do not materially change their power level, frequenc)' or location. In the
event any equipment instaUation by City made subsequent to T -Mobile's installation causes
interference with the location, configuration, fi'equency or operation ofT-Mobile Improvements,
City shall exercise reasonable best efforts to eliminate such interference after learning of such
interference, whether required by the FCC or not,
2.6.4. Notwithstanding any other provision in this License to the contrary, in the event of an
emergency, City shall have the right, in its sole discretion, to take such action it detennines in its
sole discretion is necessary under the circumstances to address the emergency, even though such
actions may CRllse interference with T-Mobile Improvements or the operation thereof. If City
mllst take action which causes or may cause interference, City shall endeavor to (a) give T-
Mobile oral notice of such action as quickly as practicable and (b) to the extent practicable under
the circumstances. upon notice by T-Mobile of the existence of interference, minimize the
duration and extent of such interference.
2.6.5. City shall have the responsibility to cooperate with T-Mobile to identify and remedy to
the extont reasonably necessary, any interference with the comml1nications operations of T~
Mobile described in Sections 2.6.3 and 2.6.4, above.
2.6.6. Subsequent to the installation of T -Mobile TmpJ'ovements~ City shall not permit its
licensees or future Hcensees to mstall new equipment on the Licensed Premises or pl'Opert)'
contiguous thereto owned or controlled by City, if such equipment IS likely to cause interference
with T-Mobile's operations. T-Mobile shall cooperate in good faith with City to detelmine
whether such interference is likely to be caused by the prospective future licensee. For purposes
of this Section 2.6, the existence of electronic and physical interference shall be reasonably
determined by City and T -Mobile. In the event T-Mobile reasonably determines the likelihood of
interference by newly installed facilities~ City shall direct the party installing sllch facilities to
meet and confer with T-Mobile in order to develop an approach or design that eliminates or
materially reduces the potential for interference. Notwithstanding the foregoing, Pre-existing
Communications operating on the Commencement Date that do not measurably change from this
power leve~ frequency or location an the Commencement Date shall not be deemed to be
interfering at any time.
2.6.7, T-Mobile agrees to notifY immediately the Director of Public Works ofilie City of any
changes in T -Mobile frequencies to be used at the Premises.
2.7. Liens. T-Mobile shall keep tbe Premises free and cleal' of any and alltie"s 01' claims ofliens and
charges on account of labor and materials used in or contributing to any work perfOInlCd by or related to
this License, failing which City shall have the right, but not the obligation, to discharge any or all such
liens or claims~ and T -Mobile shall, upon demand therefor, reimburse City for all costs and expenses
incurred by City.
2.8. Removal ofTRMobile Improvements; Damage 01' Destruction.
2.8.1. Upon expLration, cancellation or termination of this License OJ' any Schedule hereunder,
T -Mobile shall be responsible for: (a) l'emoving from the Premises subject to such expiration,
Page 5 of20
12-14
cancellation, or termination, at its sole cost, all T-Mobile Improvements except those which the
parties agree shall not be removed 01' shall be transferred to City, (b) repairing, at its sole cost, all
damage caused by such removal, and (c) surrendering the Premises to City in the Premises'
original condition, ordinary wear and tear and damage. cau.ed by third pa1ties excepted. Said
return of Premises in their original condition shall incLude T~Mobile's remediation of any
hazardous or toxic material discharge at the Licensed Premises caused by T-Mobile or its agents
and shall be to the reasonable satisfaction of the City.
2.8.2. Within 30 days after the date this License or an applicable Schedule expires or otherwise
terminates, T.Mobile at its expense shall remove all T-Mobile Tmprovements from the affected
Premises; provided that if five or more Schedules expire or terminate contemporaneously, then T-
Mobile shall have a reasonable amount of additional time to remove the affected T-Mobile
Improvements .0 long as T-Mobile is diligently proceeding with removal. Any T-Mobile
Improvements remaining on affected Premises beyond the time period available for removal as
set forth above shall, at the sole discretion of the City. either (a) in whole or in part become City
property (b) in whole or in part be removed and disposed of by City. with the reasonable costs of
said removal and disposa~ including reasonable administrative overhead, to be reimbursed to City
by T-Mobile within ten days after T-Mobile receives City's request for reimbursement togethe1'
with reasonable evidence of the cost.
2.8.3. If the Premises consist of a light standard, mast arm or pole and the same is damaged,
knocked down or destroyed from any cause, the following provisions shall apply:
a If the damage or destruction renders T ~Mobile unable to conduct nonna]
operations and a temporary site is not available per subsection E below, the fee
for such Premises shall abate in full from the date slIch damage or destruction
occurs until T-Mobile is able to commence nDlmsl operations; provided that T-
Mobile shall have no right to abatement ifthe damage 01' destructioll is caused by
T MMobile or its agents' negligence or willful misconduct
b, Non-replacement in case of damage. 1fT-Mobile chooses to tennillate the use of
any Licensed Premises suffering such damage, T-Mobile shall notify the City
Engineer of such decision withIn ten (10) days after notice of such damage. T.
Mabile shaH comply with all terms of this License concerning removal of T.
Mobile improvements. T.Mobile shall be responsible for any removal or
replacement of wiring, foundation or other associated facilities that may be
required to accommodate the replacement facilities. If this option is chosen by
T-Mobile, T-Mohile .hall not be obligated to replace or pay to replace the
damaged Light standard, mast arm or pole.
c. Immediately following the damage or destruction, City shall exorcise its best
eff0l1s to notify T -Mobile in writing thereof and shall commence and Ihereafter
continue diligent efforts to repair or replace the light standard, mast arm or pole;
provided that City shall have no obligation to repair or replace the light standard,
mast ann or pole if (i) the City, determines, ill good faith, that the facility is 110
longer required or desirable to serve tbe public health, safety and welfare and that
the City has no existing or foreseeable intention of replacing or repairing the
facility, or (ij) the damage or destruction occurs during the last 12 months of the
Term aT any Renewal Term, and T-Mobile does not, within 10 days after
receiving City notice of such destruction, exercise any option to extend or renew
which may then be available regarding the subject Premises hereunder.
d. If within ten days after written notice from T-Mobile of damage City has not
commenced to repair or replace, then T~Mobile shall have the right, but oot the
Page 60f20
12-15
obligation, to repair or replace the pole or light standard to the conditions existing
immediately prior to the damage or destruction (or to any better condition
consistent with the City's then-existing standards and regulations for design and
construction of similal' facilities); provided that T-MobiIe shall have no
obligation to restore any City operations served by the light standard, mast arm or
pole unless the damage or destruction is caused by T-Mobile or its agent's
negligence or wlllfu( misconduct. T-Mobile shall perfonn such work using only
contractors approved by the City. T~Mobile shan complete such work as
expeditiously as reasonably possible, subject to complying with the provision of
Section 2.4. above.
e. If T-Mobile repairs and replaces pursuant to subsection d. above, then the City
shaJl reimburse T-Mobile for all its reasonable costs of repair and I'eplacement.
provided that (i) City shall have no obligation to reimburse if the City timely
decides in good faith not to repair or replace pursuant to subsection c. a.bove or if
the damage or destruction is caused by T~Mobile or its agent's negligence or
willful misconduct, and (ij) City shall not be required to pay more than the cost
of repair and replacement the City would have incurred had the City contracted
for the work using its customary method of procurement and customary time
frame for the type of work in question. Reimbursement shall be due and payable
within 30 days after receiving T -Mobile's request for reimbursement together
with reasonable evidence of the costs. T -Mobile shaH have the right to offset
license fees under all Schedules by the amount of any reimbursement owing but
not timely paid. If the City timely decides in good faith not to repair or replace
pursuant to subsection c. above, then all such work by T-Mobile shall be at its
sole expense, but T-MobiIe shall have the option to remove or leave in place any
new or replacement light standard, mast ann or pole upon expiration or
tennination of the applicable Schedule.
f If T-Mobile is rendered unable to conduct normal operations due to damage or
destruction, City shall use reasonable efforts to identify and make available to T-
Mobile, within ten days foUowing the damage or destruction, a temporary site
owned or controlled by City which in T-Mobilelsjudgment is equally suitable for
T-Mobile's intended uses (subject to public safety issues). T-Mobile may
construct and operate substitute T.Mobilc's Improvements thereon until the
Premises are fully I'epaired and available to T -Mobile.
2.9. Termination.
2.9.1. Neither this License nor any Schedule shall be revoked or tenninated dming the Term or
any Renewal Term except as expressly stated in this License,
2.9.2. This License may be terminated by either party for any or no reason by delivering to the
other party, at any time after the initlal five (5) year tenn of this License, written notice of
exercise of this right to terminate (the "Exercise Notice"). If this right to terminate is exel'Cised,
termination of this License shall be effective 12 months after the Exercise Notice is delivered to
the other party. From and after the date the Exercise Notice is delivered to the other party until
the effective date of terminatioIl, T-Mobile shall have no right to receive any further Schedule
attaclunents to add Licensed Premises that were not executed prior to delivery of the Exercise
Notice. Notwithstanding the foregoing, City retains the right to disapprove extensions of this
License beyond the first five-year te1m as prcwided in Section 3.1 hereof.
2.9.3. T-Mobile shall have the right to terminate a Schedule on 30 days prior written notice to
City (01' any shorter notice expressly set forth below), if.
Pagc 7 of20
12-16
a. T-Mobile delivers to City such 3D-day written notice at any time prior to the
Commencement Date under such Schedule for any reason or no reason;
b. T ~Mobile determines at any time after the Commencement Date under such
Schedule that any governmental or non.governmental license, permit, consent,
approval, easement or restriction waiver that is necessary to enable T-Mobile to
instalJ and operate T.MobiJe Improvements cannot be obtained at acceptable
expel~e 01' in an acceptable time period;
c. T-Mobile determines at any time after the Commencement Date under such
Schedule that the Premises are not appropriate or suitable for T-Mobile
operations for economic, environmental or technological reasons, including
without limitation. any ruling or directive of the FCC or other governmental or
regulatory agency, or problems with signal strength or interfel'ence not
encompassed by Section 2.9.3.d. below; provided that ifT-Mobile exercises the
right to terminate under this subsection, T -Mobile shall pay City (or City may
deduct from any rebate due T-MobiIe) as a termination fee 25% of the then
Annual Fee for the subject Premises;
d. Any pre-existing Communications, or any communications facilities or other
structures of any kind now or hereafter located on ai' in the vicinity oCthe subject
Premises, interfere with the location, configuration, frequency or operation ofT-
Mobile Improvements and T~Mobile is unable to correct such interference
through reasonably feasible means;
e. City commits a default under this License with respect to such Schedule and fails
to cure such default within the 3D-day notice period, provided that if the period to
diligently cure takes longer than 30 days and City commences to cure the default
within the 30-day notice period, then City shail have such additionni timc as shail
be reasonably necessary to diligently effect a complete cure.
f. The Premises under such Schedule are totally 01' partially damaged, knocked
down Of destroyed from any cause (other than due to TwMobile or its agenfs
negligence or willful misconduct) so as, in TwMobile judgment, to hinder T-
Mobile normal operations and City does not provide to T -Mobile within I D days
after the casualty occurs a suitable temporary location site fOl' T-Mobile
Improvements pending repair and restoration of the subject Premises.
2.9.4. City shall have the right to tenninnte a Sohedui. if:
a. T-Mobile commits a default under this License Agreement with respect to such
Schedule and fails to cure such default within (i) ten business days after T-
Mobile receives written notice of the default where the default is a failure to pay
the annual fee for the subject Premises when due, or (ii) 30 days after T-Mobile
receives written notice of any other default and fails to cure such default,
provided that if the period to CUI'. lakes longer thM 30 days and T-Mobil.
commences to cure the default within the 30-day notice period, then T-MobHe
shall have such additional time as shall be reasonably llecessalY to diligently
effect a complete cure. A violation of the Schedule's Conditions of Approval
shall be deemed a default for purposes of this subsectioni
b. The Premises ore wholly or partially damaged or destroyed so as to interfere with
T-Mobile1s normal operations, City has no obligation to repair under 2.8.3. above
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and neither party elects to repair pursuant to Section 2,8.3, above; or
c. The City Manager determines in good faith that there exists an immediate and
substantial threat to public health and safety due to particular circumstances
affecting the Premises which cannot be rectified through means less onerous than
termination (such as temporary emergency cessation of use by T -Mobile pending
corrective work), in which case termination shall take effect 48 hours after T~
Mobile receives written notice of termination setting f0l1h the City Manager's
detennination and the reasons therefor.
2,9.5. A Schedule shanautometically te.minate as of the dete when possession is delivered to
any governmental authority pursuant to the exercise of its power of eminent domain over the
subject Premises of such portion thereof as is sufficient, in T-Mobile's good faith opinion> to
render the Premises unsuitable for T~Mobile's norma! operations. or pursuant to a transfer of the
subject Premises or S1.lch portion thereof under threat or in lieu of exercise ofsuch power,
2.9.6. Upon tennination ofthis License, neither patty shall have any further rights, obligations
or liabilities to the other except: (a) with respect to provisions of the License which by their sense
and context survive tennination; and (b) with respect to the rights and remedies of the parties
relating to the period prior to termination. Upon tennination of any Schedule, neither party shall
have aoy further rights, obligations or liabilities to the other respecting such Schedule or the
Premjses thereunder except: (i) with respect to provisions of this License applicable to such
Schedule which by their sense and context survive termination; (ii) where termination is by
reason of breach or default of the other patty; and (iii) with respect to the rights and remedies of
the parties relating to the period prior to termination,
3. TERM
3.1. Term.
3.1.1. The initial term of this License shall begin 011 the Effective Date and shall expire on the
date which completes five (5) years after the Effective Date, unless it is earlier terminated by
either party in accordance with the provisions herein. The term of this License may be extended
for up to five (5) additional successive terms of five (5) years (each a "Renewal Term") on the
same terms and conditions as set forth herein, except as the Annual Fee may be adjusted as
provided in Section 4.1, below. Subject to the termination rights set fmth in Section 2.9, above,
this License shall automatically be extended for each successive Renewal Term unless T -Mobile
notifies City of its intention not to renew prior to commencement of the succeeding Renewal
Term,
3.1.2. Subject to Ihe maximum overall License term of30 years set forth above, the term of any
Schedule shall be as follows: A Schedule shall continue in effect for five years from said
Schedule's Commencement Date; provided that T-Mobile shaH have the right to extend the TCl'ffi
of stlch Schedtlle for five (5) additional periods of five (5) years (the "Renewel Term"). The
Renewal Terms shall be on the same terms and conditions as the frrst Term except that the
Annual Fee may be adjusted as provided in Section 4.1, below. Each Schedule shall be
automatically extended for each successive Renewal Term unless T-Mobile notifies the City in
writing ofT-Mobile's intention not to extend such Schedule at least 90 days prior to expiration of
such Schedule's Term.
4. COMPENSATION AND LIABILITY
4.1. Payment
Page 9 of20
12-18
4.1.1. In consideration for the use of each Licensed Premises. T-Mobile agrees to pay City (to
be deposited in the City's general fund) an annual fee ("Annual Fee'') per Licensed Premises
during the initial tenn of this Ucense as follows:
a. T~Mobile facilities that include five, six or seven equipment cabinets, and up to
twelve (12) Antennas approximately 72 inches in height, in addition to necessary
cables, electrical power. telephone service, and other necessary fIxtures. in an
area no more than ten feet by twenty feet, for the period from the
Commencement Date of this License through December 31, 2007, in the amount
of $25.706. ($2.142 per month); and/or
b. T ~MobiJe facilities that include only up to seven (7) equipment cabinets, in
addition to necessary transmission cables, electrical power, telephone service and
other necessary fixtures fOT the period fium the Commencement Date of this
License through December 31, 2007. in the amount of $14.009 ($1,167 per
month); and/or
c. T -Mobile facilities that include only up to twelve antennas approximately 72
inches in height, in addition to necessary transmission cables. electrical power.
telephone service, and other necessary fixtures for the period from
Commencement Date of this License through December 31, 2007, in the amount
of$12.386 ($1.032 per month); and/or
d. T-Mobile facilities that include up to four (4) cabinets and six (6) antennae
approximately 72 inches in height in addition to necessary cables, eLectrical
power. telephone service, and other necessary fixtures, in an area no more than
ten (10) by sixteen (16) feet. for the period from the Commencement Date of this
License through December 31, 2007, in the amount of $19,280 ($1,606 per
month); and/or
e. T -Mobile facilities that include only up to two antennas approximately 72 inches
in height, in addition to necessary transmission cables, electrical power,
telephone service. and other necessary fixtures and limited to one above ground
cabinet/pedestal of not more than 27 cubic feet, for the period from
commencement Date of this License through December 31, 2007. in the amount
of $3,995 ($333 per month).
f. The City may at its sole discretion decrease any of the fees listed above by up to
40% for under grounding cabinets or pedestals in a marmer that by the City's sole
judgment reduces the impact to land use and/or aesthetics.
g. For each calendar year thereafter throughout the initial term. an amount equal to
103% of the Annual Fee for the immediately preceding calendar year.
4.1.2. Upon written request of City or T ~Mobile, the Annual Fee for any Renewal Term so all
equal the then fair market rental rate (the "FMRRJ that a willing licensee wOllld pay tlnd a
willing licensor would accept for the use of similar installation locations for similar
telecommunications equipment for the same five-year period. TIle FMRR shall be in the same
amount for each of the Licensed Premises. If the City and T-Mobile are unable to agree on the
FMRR within 180 days prior to expiration of the term preceding a Renewal Term of this License,
then at the request of either party, both parties shall attempt in good faith to appoint a real estate
appraiser with at least five years' experience in the area in. which the Licensed Premises are
located to appraise and set the FMRR. If the parties are unable to agree upon such an appraiser
Page 10 of20
12-19
within 15 days aftel' either party requests appointment. then the parties hereto agree that an
appraiser shall be promptly determined in accordance with the rules of the American Arbitration
Association. Within 30 days after the appraiser is selected, he or she shall investigate and report
to the parties in writing his or her determination of the FMRR, The appraiser may in his or her
sole discretion choose to meet with the parties and take testimony, and may extend the time for
determ (ning the FMRR by not more than 15 days. The appraiseI~s determination shall be final
and non-appealable, absent fraud. 1fT-Mobile is dissatisfied with the detem1ination ofFMRR,
then T-Mobile shaH have, as its sole and exclusive remedy, the right to rescind its exercise of the
option to renew and allow this License and the then-existing Schedules to expire at the later ofthe
end of the initial term of this License or 90 days after the appraiser issues his or her report on
determination of the FMRR (the "Delayed Expiration Date"). The Annual Fee during the period.
iC any, from and after expiration of the initial term of this License to the Delayed Expiration Date
shall be the FMRR, prorated for such time period. If the FMRR is not yet determined by
expiration of the initial term of this License, then T.Mobile shan pay the Annual Fee at the at the
immediately preceding year's rate pending such determination; and promptly after such
determination the parties snail adjust such payment as necessary to the Annual Fee rate as
determined by the appraiser, or, ifT-Mobile elects to rescind its exercise of its right to renew)
City shall make a rebate as provided in Section 4.1.6 below. The palties shall share equally the
costs and fees of the appraiser. Notwithstanding the foregoing, in no event shall the Annual Fee
for Licensed Premises adjusted hereunder for any Renewal Term be Jess than 103% of the Annual
Fee for the Licensed Premises in the last year of the preceding term.
4.1.3. The Annual Fee for each Licensed Premises shall be set at the rate in effect for the
calendar year in which the Commencement Date for such Schedule OCellI'S, and shall be adjusted
on January 1 of each year dlereafter during the term of the Schedule. beginning January 1,2008,
according to the adjustment provisions of Sections 4.1.1 and 4.1.2 above.
4.1.4. The Annuat Fee shall be payable in advance on each January I, except that any p1:1l1ial
Annual Fee for the fIrst partial calendar year dw'ing the Term of any Schedule snail be payable in
advance on the Commencement Date of the subject Schedule. If the Commencement Date occurs
other than January 1, andlor if the Term or final Renewal Term ends on a date othel' than
December 31. the Annual Fee shall be prorated for the first and last partial calendar yeal's during
the Term or final Renewal Term, based on a 360 day year and 12 months of30 days each.
4. J .5. Ifpayment is not received by January I, or the respective Commencement Date, a late fee
of 5% of the balance due will be assessed. In addition, interest will accrue at a rate of 6% per
annum until paid.
4.1.6. Ifa Schedule is terminated prior to December 31 of any year for any reason other than T-
Mobile's default, City shall rebate to T.Mobile the unearned portion of the Annual Fee for the
calendar year in which termination occurs, provided that City may reduce any such rebate by (8)
any termination fee owing to City under Section 2.93.c above and (b) those sums, if any, due
from T-Mobile under Section 2.8 above. City shall pay such rebate within 60 days after the
effective date of termination. Whenever T -Mobile is entitled to abatement of an Annual Fee
under this License or any Schedule, City shall credit dIe amount of such abatement against the
next Annual Fees due from T-Mobile; provided that if the amount of the abatement exceeds the
total next Annual Fee (if any) due for the Premises respecting which the abatement has arisen,
City instead shall rebate to T-Mobile the filll abatement amount within 30 days after T-Mobile
deli ....el's to City written request faT slIch rebate.
4.1.7. Payments shall be made to The City of Chula Vista, Finance DepaJ1ment, 276 Fourth
Avenue, ChuIa Vista, CA 91910, or to such other place as City may from time to time designate
by written notice to T-Mobile. Payments shaH be accompanied by a description of payment,
which identifies the sites for which payment is being made.
Page II of20
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4.2. Surety Bond. City shall have the right to require T~Mobile to furnish a bond. .or altemative
acceptable to City, to cover the faithful performance by T-Mobile of its obligations under this License. If
such a bond is required by City, it shall be issued by a commercial bonding company which is authorized
to transact surety insurance business in the State of California and satisfactory to City; shall not be subject
to termination or cancellation except upon ninety (90) days' prior written notice by certified mail to City;
shall be in such form and in such amount, not to exceed $25,000, as City shall specify from time to time;
and, subject to tennination or cancellation as foresaid, shall be maintained in full force and effect
throughout the life of this License and until City, in its sole discretion) determines that T-Mobile has
fulfilled all of its obligations underthis License.
4.3. Hold Harmless,
4.3.1. T-Mobiie shall defend, indemnifY, protect and hold harmless the City, its elected and
appointed officers and employees (each a 'City Party'), from and against all claims fo\' damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the
operation of the T-MobiJe Improvements or conduct of the T~Mobile, or any agent or employee,
subcontractol's, or others acting under the direction or control of T -Mobile or the violation
thereby of any hazardous materials laws or the release thereby of hazardous materials in
connection with this License. except only to the extent of those claims arising from the sole
negligence or sole willful misconduct of a City Party, T -Mobile IS indemnification shall include
any and all costs, expenses, reasonable attorneys' fees and liability incurred by the City. its
officers, agents, or employees in defe.l1ding against slIch claims, whether the same proceed to
judgment or not Further, T~Mobile at its own expense shall, upon written request by the City,
defend any such claims arising from T -Mobile's operations or conduct that are brought against
the City, its officers, agents, or employees.
T.Mobile also shall and does hereby agree to indemnifY, protect, defend and hold harmless the
City, its elected and appointed officers and employees (each a 'City Party'), from and against all
claims for damages, liability, cost and expense (including without Limitation attomeysl fees)
incurred by the City arising, directly or indirectly. from (a) City's approval and issuance of
Schedule and (b) City's approval or issuance of any other permit or action. whether discretionary
or non-discretionary, in connection with the use contemplated herein" except only those claims
arising from the sole negligence or sole willful misconduct of a City Patty. T-Mobile 's
indemnification shall include any and all costs. expenses, reasonable attorneys' fees and liability
incurred by the City. its officers, agents, or employees in defending against such claims, wherher
the same proceed to judgment or not.
4.3.2. It is agreed between the parties that the City assumes no responsibility or liability for
loss, damage, expenses or claims. direct or consequential, from (a) T-MoblJe's inability to use the
Licensed Premises for its intended purpose, contributed to or caused by the failure of existing
facilities on which T-Mobile Improvements may be placed, inability to use the site, or otherwise.
(b) T-Mobile's use of any related access roads, (c) T-MohHe's operation of the T~Mobile
Improvements, or (d) the termination ofthe License by either patty.
4.3.3. Notwithstanding any contrary provision of this License, each party hereby waives any
right to recover fl'OJn the other party or other party's partners, affiliates, agents and employees any
loss or damage resulting from any cause or hazard to the extent the loss or damage is covered by
property insurance carried by the party suffering loss or damage, including any loss or damage
resulting from loss of the use of any pl'operty and provided that at the time of loss the propeliy
insurers for both parties have waived rights of subrogation. These waivers shaH apply between
Page 12 of20
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the parties and to any pl'Operty insurer claiming under or through either party as a result of any
asserted right of subrogation, unless any property insurer has not waived its right of subrogation
(in which case these waivers shall have no effect).
4.4. Insurance. T-Mobile, at its sole cost and expense, shall maintain in full force and effect at aU
times during the term of this License (including the period between the expiration nel'eof and T-Mobile's
removal of the T.Mobile Improvements 01' other equipment from the Premises or appurtenant property),
Comprehensive Genel-al Liability or Commercial General Liability insurance covering bodily injury
(including death), personal injury and property damage. Limits shall be in an amount of not less than one
million dollars ($1.000.000) per occurrence, and two million dollars ($2,000,000) aggregate if applicable.
Such insurance shall name the City, its officers, agents and employees, individually and collectively, as
additional insureds wi1h respect to any covered liability arising out ofT~Mobile's perfonnance of work
under this License. Throughout the term of this License, T.Mobile, at its sole cost and eKj)ense, shall also
maintain in full force and effect. insurance coverage for bodily injury (including death), and property
damage which provides total limits of not less than one million dollars ($1,000,000) combined single
limit per occurrence applicable to all owned~ non-owned and hired vehicles. Additionally, T~Mobile shall
maintain not less than fifty thousand dollars ($50,000) coverage for Damage to Rented Premises. T-
Mobile shall also provide fire insurance on all personal property contained within or all the Licensed
Premises. The policy shall be written on a standard "all risk" contract, excluding earthquake and flood.
The contract shall insure for not less than (90) percent of the actual cash value of the personal property.
Coverage shall be provided in accordance with the limits specified and the Provisions indicated herein.
Claims-made policies are not acceptable. When an umbrella or excess coverage is in effect, coverage
shall be provided in following fann. Such insurance shall not be canceled or materially altered to reduce
coverage below that required herein until the City has received at least thirty (30) dRYS' advance written
notice of such cancellation or change. T ~Mobile shall be responsible for notifying the City of such
change or cancellation.
4.4.1. Filing of Celtificates and Endorsements. Prior to the commencement of any work
pursuant to this License, T-Moblle shall file with the City the required original certificate(s) of
insurance in the form attached as Exhibit C, which shall clearly state all ofthe following:
a. Provide on a form approved by the City's Risk Manager. an original plus one (1)
copy of a. Certificate of Insurance certifying that coverage as required has been
obtained and remains in force for the period required by the License.
b. All policies shall contain a special provision for thirty (30) days l>rior written
notice of any cancellation, or change to no longer meet the herein specified
insurance requirements. to be sent to the City's Risk Manager, 276 Fourth
Avenue, Chula Vista, Ca 91910, or to the address shown on the Certificate of
Insurance.; and
c. That T~Mobi1ets insurance is primary as respects any other valid or collectible
insurance that the City may possess as to claims arising from the negligence or
wiUful misconduct of T-Mobile, including any self-insured retentions the City
may have; and any other insurance the City does possess shall be considered
excess insurance only and shan not be required to contribute with this insurance.
d. City is an additional insured on the commercial general liability policy. The
certiticate(s) of insurance with endorsements and notices shall be mailed to the
City as the address specified in 4.4.I.I1.above.
4.42. Workers' Compensation Insurance. Throughout the term ofthis License, T-Mobile, at its
sole cost and expense, shall maintain in full furce and effect, insurance coverage for:
Page 13 of20
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a. Statutory California Workers' Compensation coverage including a broad form
all-states endorsement
b. Employer's Liability coverage for not less than one million dollars ($1,000,000)
per occurrence for all employees engaged in services or operations under this
License.
Policy is to include B wavier of subrogation.
4.4.3. Insurer Criteria. Any bond or insurance provider of T-Mobile shall be admitted and
authorized to do business in California and shall be rated at least A-, V in A.A-f. ge.rl &;
Conr..wny S /nslI/W1CI! Omoe. Insurance policies and certificates issued by non-admitted
insurance companies are not acceptable.
4.4.4. Severability of Interest Prior to the execution of this License. "AdditionaJ insured",
"Cross Iiability/' "severability of interest," or "sepm'ation of insured'" endorsernents/clmlses shall
be made a part of the commercial general liability and commercial automobile liability policies.
4.4.5. Contractors' and Subcontractors' Insurance. T-Mobile shall require that all contractors
and subcontractors obtain insurance meeting the criteria set forth herein and shall furnish to the
City copies of all certificates evidencing such policies of insurance.
4.4.6 fnsurance and Indemnification Obligation. T-Mobile's compliance with the insurance
requirements herein shall not excuse, I'eplace, or otherwise affect T-Mobile's duty to indemnify
and defend the City pursuant to 4.4 of this License.
4.4.7 Except as may be specifically provided fOl' elsewhe,'e in tills License, City and T-Mobile
hereby each mutually waive and all rights of recovery from the other in event of damage to the
premises or property of either caused by acts of God, perils of fire, lightning, and extended
coverage perils as defined in insurance policies and forms approved for use in the State of
California. Each party shall obtain any special endorsements, if required by their insurer, to
evidtmce compliance with the aforementioned wavier.
4.5. Nuisance. T-Mobile shall not use the licensed Premises in any maimer, which, in the reasonable
opinion of the City, creates a nuisance or disturbs the quiet enjoyment of the surrounding area by persons
in said area. City reserves its rights to exercise its police powers and authority as they may apply to
nuisance response and abatement, as provided by City ordinance exclusive of any contract provisions.
5. MISCELLANEOUS
5.1. Possessory Interest T.Mobile shan pay personal property taxes and possessory interest taxes, if
any, assessed against the T-Mobile Improvements or the Premises arising from the insL1I1ation of the T-
Mobile Improvements. T -Mobile recognizes and understands that this license may create a possessory
interest subject to propelty taxation and that T -Mobile may be subject to the payment of property taxes
levied on such interest. T-Mobile further agrees that such tax payment shall not reduce any fee paid to
City hereunder and that such tax shall be paid by T-Mobile before becoming delinquent. City has no
responsibility or liability for any such tax.
5.2. Utility USCI'S. Tax. T-Mobile acknowledges and agrees that the wireless communication
services utilizing the T -Mobile Improvements licensed hereunder are subject to the City's utility users' tax
("Utility TaxI!) pursuant to City1s Municipal Code. T-Mobile agrees to collect the tax front service users
and remit such tax to the City in accordance with the Cit)ls Municipal Code.
5.3. Governmental Approvals. Each Schedule under this License is conditioned upon T~Mobile, or
Page 14 of20
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T-Mobile's assigns, obtaining all gnvernmental pennits and approvals enabling T-Mobile, or its assigns,
to construct and operate mobile/wireless communications facilities on the T-MobHe Improvements for
that Schedule. T-Mobile shall at its sole cost and expense comply with aB the requirements of all
municipal, state, and federal authorities now in effect or which may hereafter be in effect. which pertain
to T-MobiJe's lmprovements and use thereof. City shall have 00 responsibility or liability for any such
requirements. T ~Mobile shall be responsible for obtaining any permits and approvals from any agency
having jurisdiction over T-Mobtle's ac.tivities.
5.4. Governing LawNenue. This License shall be governed by and construed in accordance with the
Jaws of the State of California. Any action arising under or relating to this License shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable, the City
ofChula Vista. or as close thereto as possible. Venue for this License and performance hereunder, shall
be the City of Chula Vista.
5.5. Signs. No signs shaH be displayed on the Premises without the prior written consent of the City
in its sole discretion.
5.6. License Administrators. For administrative purposes, any activity covered by this License,
which requires pel'mission or consent of City shall be referred to the City Manager 01' Manager's duly
designated representative at the following address:
City Manager, City ofChula Vista
276 Fourth Avenue
Chula Vista, Cal ifornia 91910
Phone: (619) 691-5031
Fax: (619) 585-5884
The designated person, address, and phone number for serving official notice on T ~MDbile shaJ! be:
lfto Tenant:
T-Mobile USA, Inc.
Attn: Lease Administrator
Re: T -Mobile Wireless Cell Site #: _; Cell Site Name:
10180 Telesis Coun, Ste 333
San Diego, CA 92121
With a copy to:
T-Mobile USA, Inc.
Attn: pes Lease Administration
Re: T -Mobile Wireless Cell Site #; ~ Cell Site Name:
12920 E. 38'h Street
Bellevue, W A 98006
Local Market contact:
T-Mobile USA, Inc.
Attn: Lease Adrninistrato,.
10180 Telesis Conrt, Suite 333
San Diego, CA 92121
5.7. SUCCCSSOl"S and Assigns.
5.7.1. Except as provided in subsection 2 below, T-Mobile shall not assign any rights granted by
Page 15 of20
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this License nor any interest therein without the prior written approval of the City. Approval of
any such proposed assignment !nay be wlthheld in the sole and absolute discretion of the City.
Any assignment by operation of law shall automatically terminate this License. The terms and
provisions of this License shall extend to and be binding upon and inure to the benefit of any
successors and assigns of the respective parties hereto.
5.7.2. Notwithstanding Section 1 above, T-Mobile may, without City's approval and in T-
Mobile's sole discretion, from time to time, do any of the following:
a. Grant to any person or entity a security interest in some or aU of T-Mobile's
Improvements and/or other property used or to be used in connection with this License;
b, Assign or pledge T ~Mobile's interest in this License or any Schedule to any person or
entity to finance T -Mobile's equipment or operate T-MobiJc's business; and
c. Assign (i) to any entity which has, directly or indirectly, a 30% Dr greater interest in T-
Mobile (a "parent") or in which T-Mobile or a Parent has a 30% or greater intel'est (an
"Affiliate"); (ii) to any entity with which T-Mobile and/or any Affiliate may merge or
consolidate; (iii) to a buyer of substantially all of the outstanding ownership units or
assets of T-Mobile or any Affiliate; or (iv) to the holder or h..nsferee of the Federal
Communications (<<FCC") license under which T-Mobile's Impl'Ovements are operated,
upon FCC approval of any such transfer. Any such assignment shall not be effective
until the assignee signs and delivers to City a document in which the assignee assumes
responsibility for all T-Mobile's obligations under this License arising from and after the
effective date of assignment.
5.8. NonRWaiver of Breaches. The City's or T-Mobile's failure to insist, respectively, in anyone or
more instances, upon strict performance orallY of the covenants or conditions of this License shall not be
considered as a waiver or relinquishment for the future of said covenants, terms or conditions, but the
same shall continue and remain in full force and effect
5.9. Entire Agreement. This instrument contains the entire agreement between the parties relating to
the rights herein granted and the obligations herein assumed, No alteration or variation of this License
shaU be valid or binding unless made in writing and signed by the parties hereto.
5.10. Time is of the Essence. Time is of the essence in performing each and a]l of the terms and
provisions of this License.
5.11. Waiver of Property, Relocation and Condemnation Rights. T~Mobile acknowledges and
agrees that this License does not confer any of the following: a property right or interest or, a right to
relocation or relocation assistance.
5. J 2. Hazardous Matelials. T-Mobile shall not bring any Hazardous Materials onto the Licensed
Premises except for those contained in T-Mobile's back-up power batteries (e.g. lead-acid batteries) and
properly stored~ reasonable quantities of common materials used in telecommunications operation (e.g.
cleaning solvents). T-Mobile shall handle, store and dispose of all HazaJ'dous Materia]s it brings onto the
Licensed Premises in accordance with all federal, state and local laws and regulations. IlHazal'dous
Materials" means any substance, chemical~ pollutant or waste that is presently identified as hazardous.
toxic or dangerous under any appHcable federal, state or local law or regulation and specifically includes
but is not limited to asbestos and asbestos containing materials, polychlorinated biphenyl's (PCB,) and
petroleum or other fuels (including crude oil or any fraction or derivative thereof). City makes no
representation or warranty regarding the existence of hazaJ'dous materials on some or all of the Licensed
Premises, whicb are being licensed to T~Mobile in an AS IS condition. T-Mobile is solely responsible for
investigation of any and all Li censed Premises as it sees fit to determine the suitability of the Premises for
Page 160f20
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its intended use.
5.13. City Police Powers. Notwithstanding any provision in this License to the contrary, T-Mobile
acknowledges and agrees that City retains any and all police powers authority available at Law or in
equily to rogulate tlle conduct of T.Mobile within lbe Clty or to otherwise act in accordance with the
public healrh, safety and welfare of the City and that nothing in this license is intended to or shall have
the affect of condemning or limiting such authority in any way.
5.14. Umitation on City Liability. Notwithstanding any provision in this License to the contrary T-
Mobile's sole remedies for the CitYs breach of the License shall be (1) termination orche License or one
or more Schedules, as appropriate; (2) specific performance or injunction; or (3) the right to withhold
amounts otherwise due and payable to City hereunder with respect to one or mare Licensed Premises;
provided that; the foregoing limitation on Iiabilily does not apply to Cily's rebate obligation under Section
4.1.6 above. Except as expressly provided in the preceding sentence, in no event shall T-Mobile be
entitled to monetary damages against the City for breach of contract hereunder.
5.15, Condemnation. If a condemning authority takes all of City's Property, or a portion. which in
both parties' opinion is sufficient to render a Premise unsuitable for T -Mobile's use, then the applicable
Schedule shall terminate as of the date when possession is delivered to the condemning authority. In any
condemnation proceeding each party shall be entitled to make a claim against the condemning authority
for just compensation. Sale of all or part of the Premises to a purchaser with the power of eminent
domain shall be treated as a taking by a condemning authority.
5.16 Authorized Signatory. By its signature below, each party: (i) agrees to the terms of this License;
(ii) warrants and represents that it is authorized to enter into this License; and (Hi) warrants and represents
that the person(s) executing dlis License on its behalf is duly authorized to do SOl without the need for any
further action.
6. TERMINATION OF PRlOR LICENSE
6. I. The Master Communications Site License Agreement. dated November 5, 2002, between the City
of Chula Vista and Pacific Bell Wireless, LLC, predecessor-in-interest to T-Mobile, dated November 5,
2002, shall terminate upon payment by T-Mobile to the City of all fees outstanding under the 2002
License.
6.2. The Effective Date of this License shall be the date on which T-Mobile delivers to the City
payment of all fees due under tbe 2002 License.
6.3. The parties agree that the 2002 License shall be tenninated and replaced by this License,
immediately upon T -Mobile's payment to the City of all outstanding fees due under the 2002 License.
The parties expressly agree that the requirements for Termination as set forth in the 2002 License are
amended pursuant to the telTI1S of this License.
[The Next Page is the Signature Page)
Page 17 of20
12-26
SIGNA TIJRE PAGE TO MASTER COMMUNICATIONS SITE UCENSE AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this License thereby indicating that they have
read and understood same, and indicate their full and complete consent to its terms as of the date first written
above,
Dated: 2oo?
City ofChu!a Vista
By:
Chet)'! Cox, Mayor
Attest:
Susan Bi!!elow Citv Clerk
AODroved as to Foml:
Ann Moore. City Attornev
Dated:
QD:
Na
-
_..._",..VIC8_.AJ ...
Title:
Dated:
to -Ib -Or
Exh [bit List to Agreement
(1) Exhibit A Sample lmprovements
(2) Exhibit B Schedule of Premises
App~ as to rarm
.. P'J/J
RegIonal Counsel
Page IS of20
12-27
EXHIBIT A
Sample T-Mobile Improvements
[fa be hlSerted]
Page 190r20
12-28
EXHTBIT B
Attachment I
Schedule of Premises
Each Licensed Premises Should be described in a Schedule in the format outlined below and made palt of this
Attachment !.
Schedule:
T-Mobile Site No:
Commencement Date:
Location:
APN:
Description of Installation (Attach Site Plan):
Building Permit No:
Conditions of Approval:
Note: Violations of these conditions may result in the termination of the right to use this site for wireless
communications (see Section 2.9.4a of the Mastel' Communications Site License Agreement). Also,
pursuant to Section 1.2 of the Agreement the City may add to, delete or modifY this Schedule's
Conditions of Approval at any time during the term of the Agreement to advance a legitimate
governmental interest.
Othe!:
In additjon, all work shall be scheduled in advance and coordinated with parks operations personnel, onsite
recreational staf4 City Engineer and Public Works Staff or other City staff as appropriate prior to commencement
of the work to minimize the potential for conflicts with recreation and other City programs occurring on the site.
The applicant agrees that the site will not be activated until the City has signed off 011 final construction.
CityofChula Vista
Applicant's Authorized City Representatives
Page 20 of 20
12-29
CITY COUNCIL
AGENDA STATEMENT
~f:. CIIT OF
~"'" ,~ CHUlA VISTA
DECEMBER 4, 2007, Item~
ITEM TITLE:
PUBLIC HEARING: REGARDING THE PROPOSED
ASSESSMENT OF CERTAIN DELINQUENT SEWER
SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER OCCUPIED PARCELS OF LAND
Ai\!D PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT REGULAR TAX BILL FOR COLLECTION
SUBMITTED BY:
REVIEWED BY:
RESOLUTION NO. ASSESSING CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE OWNER
OCCUPIED PARCELS OF LAND AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT REGULAR TAX BILL
DIRECTOR OF FINAN};};REASURER'-/1'k.
CITY MANAGERp~
4/STHS VOTE: YES D NO 0
BACKGROUND
In order to adequately protect the City's interest in delinquent sewer service charges and
ensure that collection efforts are directed towards the responsible property owner in the
event of a change in ownership, staff is recommending approval of liens against affected
properties as a preliminary action to replacing the delinquencies on the property tax rolls
if they remain unpaid. Adoption of this resolution will enhance the collection process for
delinquent sewer service charges by ensuring that the correct property owners are
charged and that payments will be received on a timely basis. This is the identical process
approved by City Council since August 1998.
RECOMMENDATION
That Council open the public hearing to consider assessing delinquent sewer service
charges as recorded liens on the affected properties, consider all testimony and adopt the
resolution overruling all protests and assessing these charges as liens upon the respective
owner occupied parcels ofland.
13-1
DECEMBER 4, 2007, Item~
Page 2 of3
BOARDS/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection. The ordinance states that upon notification
of the property ovmers, a public hearing is set for sewer service accounts which are over
sixty days delinquent. At the hearing, the City Council considers the delinquent accounts
together with any objections or protests by interested parties. At the conclusion of the
hearing, the City Council, may either approve the delinquency and amount owed on the
accounts as submitted or as modified or corrected by the City Council. Lastly, the City
Council adopts a resolution assessing such amounts as recorded liens upon the respective
parcels of land, and the amounts are charged to the property owners on the next regular
property tax bill.
Because charges can only be submitted for placement on the property tax bills once a
year in August, staff is recommending assessing liens on the affected properties midyear
as to better ensure the City's chances for collection. If the City were to address these
delinquent charges only once a year in August, the effectiveness of using the property tax
bill as a means of collection would be significantly reduced as the owners of record in
August would not necessarily be the people responsible for the delinquent charges. In
cases where the properties are sold or transferred, assessing liens midyear holds the
correct parties responsible for the delinquent charges. In cases where the property
owners choose to refinance their mortgages, the midyear liens would ensure the City
receiving payments in a timely manner as the delinquent charges would be paid through
escrow during the refinancing process.
In July 2007, City Council approved liens for 175 delinquent sewer service accounts
valued at $81,600 to be forwarded to the County for collection on the next regular
property tax bill. Staff recently identified 229 owner occupied accounts totaling $107,000
as being over 60 days delinquent and through preliminary collection efforts, 118 accounts
have been resolved, and the remaining III accounts valued at $42,000 are now being
submitted (listing available at the Finance Department). Many of these property owners
have gone through this lien process previously as they continue to leave their sewer
service accounts unpaid.
These property owners have been notified of their delinquencies within the last 60 days,
and two weeks ago, they were notified of the public hearing and were asked again to pay
their delinquent sewer service charges to avoid a lien being placed on their property.
Payment arrangements will be set up as needed, and staff will continue to update this list
as payments are received and accounts are cleared. A final list will be submitted to the
City Council for consideration on the day of the public hearing in order to reflect the
most current payment postings.
13-2
DECEMBER 4,2007, Iteml
Page 3 of 3
Staff is recommending that the City Council approve the final list of delinquent sewer
accounts as submitted, and that these charges be forwarded to the County and assessed as
liens on the respective owner occupied parcels of land and ultimately placed on the next
regular tax bill for collection.
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 properties which are the subject of this
action.
FISCAL IMP ACT
By placing delinquent sewer service charges on the property owner's regular tax bill, the
City should realize approximately $225.000 in additional sewer fund revenues for FY07-
08. From this action alone, the City should realize approximately $42,000 in revenues.
Prepared by: Nadine Alandery. Treasury Manager, Finance Department
13-3
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND
AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, Chula Vista Municipal Code section 13.14.150 allows delinquent sewer
service charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection; and
WHEREAS, the ordinance states that upon notification of the property owners, a public
hearing is set for sewer service accounts which are over sixty days delinquent; and
WHEREAS, at the hearing, the City Council considers the delinquent accounts together
with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, many of these property owners have gone through this lien process
previously as they continue to leave their sewer service accounts unpaid; and
WHEREAS, these property owners have been notified of their delinquencies within the
last sixty days, were notified of the public hearing and were again asked to pay their delinquent
sewer service charges to avoid a lien being placed on their property; and
WHEREAS, staff is recommending that the City Council approve the final list of
delinquent sewer accounts as submitted, and that these charges be forwarded to the County and
assessed as liens on the respective owner occupied parcels of land and ultimately placed on the
next regular tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it: (1) conducts the public hearing to consider assessing delinquent sewer service charges as
liens on the affected properties; (2) overrules any and all protests or objections presented at the
public hearing; and (3) approves, with respect to the delinquent account list
13-4
Resolution No. 2007-
Page 2
submitted to the City Council and on file in the City Finance Department, assessing delinquent
sewer service charges as liens upon the respective parcels of land and the placement of such
delinquent charges as special assessments on the next corresponding regular tax bills, unless
cleared prior to transmittal of the delinquent account list to the County.
Presented by
Approved as to form by
Maria Kachadoorian
Director of Finance
J:\Attomey\RESO\SEWER\Delinquent Sewer Service Charges~12-04-07.DOC
13-5
12/03/2007
Customer Information
38806609
68721403
66765804
67170208
67733806
60750608
63646603
72151008
43715005
475426011
74833603
69323002
37011406
60519809
46513405
366442010
651114020
360070019
238094010
39654209
38023802
38651403
649130016
437526010
39263006
39048203
40632207
406306015
45423803
25031604
48309404
43746609
64443002
67941004
37313802
61248209
67161402
403276014
636070024
34753003
69342601
62355407
47018608
47133409
34724603
Total due
$ 293.02
$ 536.91
$ 357.57
$ 305.07
$ 278.49
$ 427.64
$ 393.12
$ 357.54
$ 336.53
$ 483.77
$ 180.21
$ 305.28
$ 562.93
$ 356.23
$ 539.45
$ 836.59
$ 264.31
$ 393.77
$ 461.08
$ 250.98
$ 349.74
$ 327.03
$ 403.60
$ 300.76
$ 560.78
$ 339.96
$ 437.60
$ 342.24
$ 468.94
$ 471.85
$ 347.98
$ 364.10
$ 357.65
$ 468.94
$324.16
$ 248.88
$ 304.88
$ 433.42
$ 252.82
$ 147.26
$ 473.39
$ 318.61
$ 413.28
$260.16
$ 201.46
itl3
~V?-
2~~
~ ~~-..;
................~~
~- - --
ut (c.;; [E. II 'WI L~ If II
1~~E~.o .4 ~~~~~~
~OUNCIL OFfiCE~
ellY OF
(HUlA VISTA
Finance Department
Collections Unit
DELINQUENT SEWER
Page: 1 of 2
/
Customer Iuformatiou
34719403
35811402
657330024
47339801
33214609
60527804
36428602
36420601
23631004
69517808
68710606
45121006
422414010
40637803
41909004
470242010
421074024
419354016
42051807
34738206
34737003
41245804
41307004
75141002
66558602
42507407
40405802
75217405
35871001
63229005
68917401
23818204
63244608
66973407
66962607
48319803
360410020
23649004
23648604
84
Grand Totals
Total due
$ 201.14
$ 429.82
$ 310.13
$ 398.61
$ 297.09
$ 528.89
$ 233.95
$ 211.18
$ 844.81
$ 318.51
$ 371.84
$ 330.47
$ 677.94
$ 271.35
$ 726.69
$ 487.33
$ 434.30
$ 263.22
$ 397.73
$ 528.32
$ 208.99
$ 943.38
$ 605.07
$ 249.40
$ 422.79
$ 571.17
$.320.25
$ 271.72
$ 242.71
$ 507.94
$ 327.53
$ 461.08
$ 598.02
$ 402.26
$ 483.98
$ 337.24
$ 248.93
$ 360.87
$ 391.12
$ 33,057.75
Page: 2 of 2
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL
AGENDA STATEMENT
PUBLIC HEARING: REGARDING THE PROPOSED
ASSESSMENT OF CERTAIN DELINQUENT SOLID
WASTE SERVICE CHARGES AS RECORDED LIENS
UPON THE RESPECTIVE PARCELS OF LAND AND
PLACEMENT OF DELINQUENT CHARGES OF THE NEXT
REGULAR TAX BILL FOR COLLECTION
RESOLUTION NO. ASSESSING CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE PARCELS
OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL
DIRECTOR OF FINANCE/TREASURERj p,--
CITY MANAGER
4/STHS VOTE: YES D NO ~
BACKGROUND
In order to adequately protect the City's interest in delinquent solid waste service charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change of ownership, staff is recommending approval for liens against
affected properties as a preliminary action to placing the delinquencies on the property
tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection
process for delinquent solid waste service charges by reducing the amount of
uncollectible losses and ensure that payment will be received on a more timely basis.
This is the identical process approved by City Council on a regular basis since mid- 2001.
RECOMMENDATION
That Council open the public hearing to consider assessing delinquent solid waste service
charges as recorded liens on the affected properties, consider all testimony, and adopt the
resolution overruling all protests and assessing these charges as liens upon the respective
parcels of land.
14-1
DECEMBER 4, 2007, Item-cl:-
Page 2 of3
BOARDS/COMMISSION RECOMMENDA nON: Not Applicable
DISCUSSION
In November 1998, City Council amended Municipal Code Section 8.24 to eliminate
suspension of solid waste service for nonpayment. To ensure that all residents pay their
fair share of the costs of this program, the ordinance allows delinquent solid waste
service charges to be assessed as recorded liens upon the affected properties and
ultimately placed on the property tax bills for collection. The ordinance states that upon
notification of the property owners, a public hearing is set for solid waste service
accounts that are over ninety days delinquent. At the hearing the City Council considers
the delinquent accounts together with any objections or protests by interested parties. At
the conclusion of the hearing, the City Council, may either approve the delinquency and
amount owed on the accounts as submitted or as modified or corrected by the City
Council. Lastly, the City Council adopts a resolution assessing such amounts as recorded
liens upon the respective parcels of land, and the amounts are charged to the property
owners on the next regular property tax bill. As these amounts are collected, the monies
are remitted to Allied Waste Services less the City's Franchise Fees, AB939 fees and late
charges.
Because charges can only be submitted for placement on the property tax bills once a
year in August, staff is recommending assessing liens on the affected properties midyear
as to better ensure the City's chances for collection. If the City were to address these
delinquent charges only once a year in August, the effectiveness of using the property tax
bill as a means of collection would be significantly reduced as the owners of record in
August would not necessarily be the people responsible for the delinquent charges. In
cases where properties are sold or transferred, assessing liens midyear holds the correct
parties responsible for the delinquent charges. In cases where property owners choose to
refinance their mortgages, the midyear liens will ensure the City receiving payment in a
more timely manner as the delinquent charges would be paid through escrow during the
refinancing process.
In July 2007, City Council approved 166 delinquent accounts valued at $17,700 to be
placed on the property tax bills for collection. Since then, Allied Waste Services has
identified and submitted an additional 1,376 delinquent accounts valued at over $122,300
to the city for collection. Through the City's preliminary collection efforts, 489 accounts
have been resolved, and the remaining 887 accounts valued at $102,300 are now being
submitted (listing available at the Finance Department). The account status and property
ownership on these accounts have been verified by both Allied Waste and City staff.
Many of these delinquent accounts have gone through the lien process before as they
continue to remain unpaid.
These property owners were notified of their delinquencies through a series of past due
notices sent by Allied Waste until they were ultimately submitted to the City for
collection. City staff sent out past due letters within the past 60 days, and two weeks ago,
these property owners were notified of the public hearing and were asked to pay their
delinquent solid waste service charges prior to transmittal of the delinquent account list to
14-2
DECEMBER 4,2007, Item1
Page 3 of3
the County to avoid a lien being placed on their property. City staff has been working
with Allied Waste to resolve any customer disputes as they arise and payment
arrangements have been set up as needed. Staff will continue to update this list as
payments are received and accounts are cleared. A final list will be submitted to the City
Council for consideration on the day of the public hearing in order to reflect the most
current payment postings.
Staff is recommending that the City Council approve the final list of delinquent solid
waste accounts as submitted, and that these charges be forwarded to the County and
assessed as recorded liens on the respective parcels of land and ultimately placed on the
next regular tax bill for collection.
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 properties which are the subject of this
action.
FISCAL IMPACT
By using the property tax bill as the ultimate collection method for delinquent solid waste
service charges, the City should realize a total of approximately $52,000 in Franchise
Fees, AB939 Fees and late charges for FY 07-08.
From this action alone, the City should realize approximately $18,000 in revenues from
the total $102,300 collected, and the balance of $84,300 would be forwarded to Allied
Waste Services.
Prepared by: Nadine MandelY, Treasury Manager, Finance Department
14-3
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID
WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
WHEREAS, in November 1998, the City Council amended Municipal Code section 8.24
to eliminate suspension of solid waste service for nonpayment; and
WHEREAS, to ensure that all residents pay their fair share of the costs of this program,
the ordinance allows for delinquent solid waste service charges to be assessed as liens upon the
affected properties and ultimately placed on the property tax bills for collection; and
WHEREAS, the ordinance states that upon notification to the property owners, a public
hearing is set for solid waste service accounts that are over ninety days delinquent; and
WHEREAS, at the hearing, the City Council considers the delinquent accounts together
with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, the account status and property ownership on these accounts have been
verified by both Allied Waste and City staff; and
WHEREAS, property owners were notified of their delinquencies through a series of past
due notices sent by Allied Waste until they were ultimately submitted to the City for collection;
and
WHEREAS, staff has notified the property owners of the public hearing and these owners
were asked to pay their delinquent solid waste service charges prior to transmittal of the
delinquent account list to the County to avoid a lien being placed on their property; and
WHEREAS, staff is recommending that the City Council approve the final list of
delinquent solid waste accounts, as submitted, and that these charges be forwarded to the County
and assessed as record liens on the respective parcels of land and ultimately placed on the next
regular tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby: (1) conduct the public hearing to consider assessing delinquent solid waste service
charges as liens on the affected properties; (2) overrule any and all protests or objections
presented at the public hearing; and (3) approve, with respect to the delinquent account list
J:IAUomeyIRESO\SOLlD W ASTE\Delinquent solid waste srve chrgs_12-04-07.DOC
14-4
(? ~ 'r~ /'/-~
~'~()~ ~o1:l0
/~ jJ:f;t c~ zid
#/ tf
CITY OF
CHULA VISTA
~'rlS,-~ I~ 1/ \\f../c,
i'-/ ----.,,- ""711 '
njDEC 0.4 2007[Y
c'nll' . -J
. j';ICIl.. OFFice'
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
176013 7762307746 $113.52
137452 6220121600 $100,93
149068 5958032900 $92.63
101356 6754910300 $103,95
103097 5754910400 $92.87
92436 5752311800 $96,90
174809 6230903600 $118,04
113279 6411112900 $128.28
98664 5952153100 $92,87
92787 5952152900 $113.57
180317 5950314708 $103,95
156750 6191912500 $159,01
185580 5733601000 $122,82
135521 5685110600 $92,87
70349 5685120200 $92.87
159708 6291510800 $185,74
22489 6192312300 $78,52
111870 6230904500 $130,02
170199 6220722600 $103,95
67441 6220723500 $96.90
186602 6183204000 $124.54
127653 6423705300 $92,87
155476 6423700800 $184,37
136089 6426011600 $92.87
143977 5933702600 $85.64
131378 6206203000 $207,90
83473 6401713400 $92,87
33944 6401722500 $92.87
167181 6426903300 $103.95
138212 6412711500 $107.98
137677 6412712100 $92.87
148836 5958204200 $92.87
177779 5958213900 $103,95
185587 6230301120 $103.95
142563 6230301134 $92.87
124573 6230301141 $92,85
32887 6422713500 $92.87
174916 6400210400 $124.07
175446 6433801803 $92,87
Page 1 of 20
~~I?-
-...-
r __ ---
~ -iii: --5:' ~
~.........~.........
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
177270 6433801807 $92.87
187863 6433802016 $100.50
161420 5958441000 $107.98
167530 6433801006 $78.52
141057 6433801122 $185.74
173667 6434300600 $103.95
125418 6434300100 $92.87
177930 6434605300 $144.84
143973 5921621300 $152.07
47906 5943226100 $136.96
84726 6432001900 $96.90
145974 6435205319 $105.79
183319 6435614000 $77.97
184428 5670800500 $92.87
163132 5670800500 $92.87
150083 5721500100 $96.90
176501 5722821100 $103.95
147955 6435505100 $205.95
163702 6426905600 $96.00
141825 6412822500 $73.03
186102 6411132600 $103.95
168397 6435165700 $126.62
159549 6435424100 $124.12
159532 6435433300 $207.90
163362 5952926600 $66.29
142445 6431304200 $103.95
156989 6431310200 $203.20
151704 5701300200 $79.11
84021 5690800500 $92.87
168514 6425011300 $60.34
92996 5952122000 $92.87
89492 5721630800 $96.90
181314 5943230500 $107.90
180783 5943236700 $111.21
180144 5672004600 $103.95
150963 6422725100 $103.95
102246 5933733200 $92.87
146593 6436500334 $185.74
149488 5954200920 $185.73
Page 2 af 20
~~I?-
-..-
~ ~-- --...~
~-- -- ~
..........~--::;:~
CITY OF
CHUlA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
151869 5954200706 $92.e7
179888 5954200507 $94.22
154588 5954200502 $92.18
180409 5954200314 $92.87
185286 5954200311 $78.52
163820 6404400113 $78.52
187106 6423111100 $134.02
148849 5958214600 $107.98
25084 5932200800 $103.77
186128 5957701500 $161.59
135361 5931700400 $92.87
150115 5955100503 $123.31
152046 5950314718 $185.74
154585 5950314616 $92.87
16126 6401422200 $93.62
161259 6205412200 $100.93
150682 5950314304 $77.75
176761 6420803513 $78.34
133664 6420803613 $92.87
176642 6420803216 $85.62
116231 6420802817 $78.52
118806 6403301802 $92.87
172677 6403302504 $201.36
186185 6403302706 $139.33
140775 6420110800 $115.60
159894 6404215300 $92.87
187946 6404114900 $101.25
174365 6404111600 $92.87
185189 6404112200 $92.87
172708 5932923700 $103.95
102773 5932920700 $92.87
79182 5933714500 $92.87
142806 6397104200 $103.95
184615 5950315230 $92.87
183909 5931411500 $92.87
182264 6426302400 $103.95
121644 6426811900 $92.87
149394 5953111100 $96.90
162992 6230823800 $100.93
Page 3 of 20
~~I?-
--.-
"'---~~
.................. ~""'-
.............................~
CllY OF
CHUlA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
175743 5435131200 $248.51
79971 6400221900 $167.24
101684 5651920400 $155.74
182537 5722010300 $80.51
185306 6433024600 $313.67
131546 6422511800 $125.99
149114 5957403400 $116.59
183524 5954812300 $96.90
103909 5954810600 $108.85
159492 5958051100 $103.95
157004 6402221400 $105.34
111814 6432900900 $92.87
175742 6432904900 $107.98
168880 6401613700 $92.87
167205 5661020400 $127.22
158753 5733711400 $103.95
184057 5733320700 $185.74
178539 5733720700 $107.98
184336 6233121700 $110.45
185584 6233122000 $92.87
166564 5741912000 $107.98
21601 6181830600 $92.87
107335 5952031700 $92.87
134924 6402600100 $92.87
184108 6425203000 $96.90
161940 5958453500 $140.60
148740 6435616600 $83.64
87674 5711020200 $96.90
169392 5711310400 $112.Q1
184062 5711810100 $264.74
132324 5712220100 $78.52
143398 5712220100 $103.95
104898 5712610300 $155.74
177323 6233422200 $220.47
177737 6424801200 $92.87
184701 6424800800 $92.87
187518 6424800700 $83.75
145518 6436612900 $125.99
181117 6437102100 $103.95
Page 4 of 20
~~~
-....-
~ - --- ::::;~
~~ -.........
~........~........
CITY OF
CHUlA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
19317 5702801400 $101.68
186103 6425302000 $186.67
113400 5933011100 $103.45
159832 6400335200 $92.87
157869 5958304000 $103.95
140484 5957512300 $103.95
152931 5703111800 $177.90
148356 5958102800 $107.98
177995 8194302000 $107.98
153622 6194300500 $92.87
166449 5943821800 $96.90
178011 5943832000 $107.98
129959 5943830500 $192.64
187857 6433900900 $94.48
118938 6433202800 $118.37
167183 6433203400 $96.90
79112 8395502300 $98.90
85363 5702010200 $178.14
185987 5943912400 $203.14
34357 5753300500 $92.87
46809 6202510500 $78.52
169187 5754500400 $193.80
183761 5683305700 $126.43
184488 5660304800 $92.87
176302 5651522400 $165.65
185291 5651100100 $158.65
137442 8395201100 $125.99
93078 6240552200 $96.90
64382 6240552300 $96.90
142087 6240552300 $96.90
148476 8310127400 $113.17
93094 6310110900 $118.94
182056 5722011000 $130.02
32358 5722930600 $28.78
35945 5650901500 $96.90
142490 5690803600 $96.90
114633 6404400403 $97.49
177749 6426405800 $114.91
173313 5934011400 $92.87
Page 5 of 20
CllY OF
CHULA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03. 2007
Account No. Parcel No. Balance Due
92017 6191711300 $96.90
35909 5633011500 $96.90
133408 5683312000 $92.87
119549 5663511700 $240.65
178540 5683520300 $54.80
180378 5684204300 $125.99
121377 5684203200 $107.68
73606 5730620900 $107.98
174996 5733322500 $101.80
37867 5733322300 $155.74
36136 5733610700 $104.96
5996 6401980700 $125.99
185355 5743100500 $220.00
167572 6244501600 $248.22
115444 6432922000 $92.87
93194 6402724400 $92.87
93197 6402520300 $118.63
106071 6411122200 $127.37
167683 6411104700 $107.98
170987 5752420400 $68.95
154439 5661322700 $107.98
180080 6220720900 $185.74
124779 6395603300 $130.02
159605 5957331600 $96.90
175698 6437411900 $105.36
111739 6426004600 $103.95
183044 5690410400 $113.64
93431 5662511400 $96.90
89043 5690600400 $100.18
186229 5690430100 $226.53
179842 5953600200 $92.87
147201 6435404000 $130.02
180798 5750500100 $107.98
110767 5751001500 $107.98
180354 6404301505 $92.87
99385 5955904100 $96.90
22136 6191322000 $118.94
181520 5690101900 $92.87
27579 5692520900 $118.94
Page 6 of 20
~~lt-
--..-
~ ......""G- ~....;:
.......................~..........
....... ~~"'-
CITY OF
CHULA VISTA
Finance Department
Cot/ections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
180272 6393911000 $103.95
134287 6401511000 $96.90
117671 6401510900 $92.87
99666 5951301200 $92.87
116472 6411303500 $92.87
184733 6411302100 $118.94
25811 5933401300 $92.87
185610 6436710500 $92.83
124193 6426214700 $96.90
172347 6411306000 $107.96
165882 6425003500 $107.96
120837 6426701500 $107.98
159448 6426706700 $53.68
154049 6426902400 $92.87
184323 6426902700 $103.95
99244 6395500600 $92.87
21768 6181512500 $103.95
187115 6183131400 $124.54
100843 5682630300 $114.91
151703 5721110200 $92.87
63455 5721420300 $103.95
36217 5722510600 $108.88
181529 5720520300 $115.82
14163 5720520400 $99.91
169934 6426913500 $92.54
187262 6191922100 $127.38
55982 6192010600 $155.74
95639 6192612200 $92.87
166587 5663201800 $114.89
84915 5690431000 $107.98
152107 5691704500 $118.94
105526 5691631200 $92.87
94784 5742810200 $96.10
106190 5955503300 $92.87
174580 6392111100 $208.31
124845 6182703900 $107.98
34279 5720630800 $96.90
170510 5733010600 $103.95
135539 6180722000 $132.91
Page 7 of 20
~~f?,
--..-
~ -E~~~
~""'-.........~
CllY OF
CHULA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
125419 5683710400 $155.00
185368 5733103600 $255.24
37093 6233324600 $64.21
87505 5682631400 $92.87
155704 5672110600 $92.87
74564 5722603500 $143.14
77628 5722604600 $130.02
186605 5661810400 $130.28
14534 5661900700 $103.95
134466 5730820600 $92.87
104627 5733030500 $92.87
182677 5880430500 $157.04
155868 6435052000 $124.25
142388 5954704400 $92.87
183435 6435801300 $103.95
185025 8435803800 $114.91
181312 6425813400 $103.95
167598 6435712400 $92.87
147549 6436415100 $95.98
184678 6436410800 $107.98
147544 6436414600 $107.98
147398 5953710300 $118.94
162154 5953713300 $107.98
167142 6432323400 $96.90
186671 6434840500 $124.54
107930 6432811200 $92.87
153819 6432810300 $211.18
112659 6431900200 $96.15
115832 5953212867 $61.67
10439 5753120700 $107.31
29811 5720420700 $92.87
173135 5720530800 $103.95
70288 5722602300 $128.38
155166 5693805300 $130.02
122556 6392210600 $103.95
104312 5732101200 $100.93
78620 5952411400 $108.88
173767 5943235700 $103.95
105966 6426104500 $118.94
Page 8 of 20
~~rc-
--..-
~- - --...,;;;:
~~~~
""",,--""I'::..-~""'"
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
171891 6411103200 $183.36
152413 5957321700 $206.03
119453 6205201600 $96.90
142414 6433013200 $113.17
143157 5957261300 $106.05
148578 5957262100 $181.93
147453 6438401100 $150.02
130923 5752311100 $92.87
59034 6233000700 $92.87
98159 5702003200 $140.87
36339 5742310200 $92.87
83262 5661321100 $96.90
175630 6436902600 $120.90
145677 6436704100 $89.29
136208 5933820100 $96.15
185656 5957353300 $81.34
108335 5731102000 $96.90
173634 5721222000 $107.98
93951 5711210300 $92.87
184156 6432501500 $103.95
169741 6392901500 $92.87
175495 6393141800 $96.90
15414 6393210300 $117.20
155076 5742611200 $107.98
143502 6403818000 $92.87
109408 5743300200 $80.60
177536 5742813000 $107.98
172357 6394502700 $92.87
130599 6394704400 $92.87
73337 5711531200 $114.91
33792 5742816200 $96.90
186914 5742810900 $123.28
171474 5742311000 $171.46
92657 8402312000 $103.95
182391 5711421000 $240.20
75017 5742816100 $165.10
183412 6402111300 $96.90
64494 5740100900 $96.90
85276 6222110400 $96.90
Page 9 of 20
~~f?-
-.-
~~~;:;~
~..........~~
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
170172 5754110300 $125.99
187650 6232723600 $116.56
164466 6232801700 $103.95
94014 6232802100 $92.87
64986 6181411100 $107.98
86062 5710630400 $107.98
15743 5710721900 $92.87
163965 5712322100 $92.87
171426 5950833300 $107.98
167069 6201620400 $96.90
100969 6202513300 $92.87
169301 6203201400 $96.90
184000 6203200800 $96.90
177932 6203201100 $96.90
178018 5734002000 $96.90
163112 5733821100 $92.87
59789 5712712000 $92.87
96271 5743621500 $92.87
119177 5951641000 $92.87
179572 6233111600 $131.23
172376 6233113100 $194.55
36457 5732900300 $125.99
175366 5741402000 $107.98
91080 6233201900 $96.90
146869 6413000100 $96.90
132492 6434100900 $92.87
120649 5735410700 $96.90
187487 5735410600 $168.54
34384 5751710100 $92.87
155810 5735330600 $165.24
119511 5752000200 $92.87
187112 5734502300 $203.33
145278 6411433600 $96.90
184568 5953215320 $192.20
167104 5955100114 $92.87
178810 5955100216 $95.62
176112 5955100310 $92.87
116348 5956204900 $92.87
174875 5954100219 $103.70
Page 10 of 20
~JI?-
-.-
~~~~~
- - -...........
..................~~
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
169608 5954100213 $92.87
135958 5954100211 $95.12
165750 5954102412 $96.15
136673 5954102638 $78.52
131664 6434900300 $96.90
167847 6434701700 $82.55
145175 5954300404 $92.87
68157 5954301806 $92.87
103815 5954300402 $218.61
154342 5954301812 $177.34
20516 6205003200 $126.19
185130 5663002000 $262.19
150805 5663002000 $185.74
159737 5661103200 $99.71
157898 6432712000 $94.09
185035 6433801304 $92.87
101272 6396601600 $92.87
114068 6205420800 $103.95
146764 6436805412 $78.52
146954 6436802700 $92.87
185480 6436802400 $76.86
153669 6425300300 $100.18
187185 6435707100 $131.50
134249 5957455200 $103.95
185503 6425106600 $111.77
146276 6435153100 $88.26
185812 6435012600 $282.01
120608 5957002500 $92.87
184917 5712331100 $133.17
54410 6181411600 $92.77
185204 6404300514 $92.87
176305 5691421700 $92.87
37412 5671020900 $187.37
163422 6243402700 $103.95
16379 5740940400 $165.10
166369 5941217200 $92.87
70344 5941210500 $107.98
26622 6241102700 $92.87
146299 6435161100 $96.90
Page 11 of 20
~J'-t-
--..-
r___ ____
~5=-:S=
~ - --
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
36529 5652101800 $64.21
182669 6426003600 $103.07
174190 6432621100 $124.25
151775 6202100300 $92.87
16714 6203020300 $96.90
180796 6205100900 $147.05
94438 6241100300 $103.95
101779 6241700300 $92.87
169314 6241802300 $73.20
166878 6203602400 $193.80
95369 6441112000 $92.87
165929 6441111100 $92.87
183993 6441114700 $103.95
151101 6441130500 $92.87
174940 6441220500 $94.09
178129 5662512100 $103.95
134304 5663200200 $96.90
176238 6394601600 $103.95
109527 6205700700 $186.25
136795 6411800900 $103.95
183621 6436510312 $98.82
176926 6436510430 $92.87
134050 5754220300 $103.95
61178 5754820600 $96.90
103416 6200940600 $106.59
143872 6201221200 $96.90
173593 5743302300 $92.87
112425 5752711300 $92.87
135418 6391302100 $170.89
164413 6393620300 $103.95
31054 6391102000 $92.87
167045 5651311000 $92.87
178136 5691000800 $92.87
94108 6394600400 $130.02
183869 6200431100 $180.41
84977 6231624900 $92.87
94479 6232112900 $96.90
168659 6231910400 $90.00
172706 6436103110 $92.87
Page 12 of 20
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
185908 6436102719 $232.65
35039 6395103300 $130.02
185216 6180622400 $92.87
185885 6180622100 $136.68
187798 6436805425 $78.52
146780 6436805426 $92.87
147532 6436413400 $107.98
147670 6435711500 $107.98
147063 6412400100 $1.03.95
172061 5950821800 $125.99
119661 6396600200 $96.90
123012 6392720100 $125.99
96111 6396300400 $92.87
71246 6396301200 $103.95
156363 5754810200 $117.20
85302 5754212400 $103.95
164526 6191222800 $107.98
168285 6191222800 $92.87
137844 6181902300 $92.87
101526 6181902300 $207.46
185231 6393531500 $97.57
186246 5754810600 $110.74
172668 6391401400 $215.35
126264 6202240600 $102.70
184550 6431603200 $96.90
181299 6436102813 $78.96
182656 6434863400 $118.59
125617 6391040800 $92.87
153985 6202220500 $92.87
106787 6204301600 $113.17
91979 5952220131 $92.87
185664 5952220152 $139.69
185526 5950932800 $130.60
181456 5956102800 $123.34
185064 5711920700 $92.43
94964 5712710600 $96.90
94969 6394110600 $114.91
94973 6393831200 $92.87
112629 6393831300 $107.98
Page 13 of 20
CITY OF
CHUlA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03. 2007
Account No. Parcel No. Balance Due
186851 6435010200 $141.20
149853 6435042600 $103.95
152417 6435042500 $104.22
18547 6242800800 $248.83
34331 6242700700 $92.87
168092 6242200700 $206.49
140055 6242903200 $100.18
34194 6201810700 $103.95
155266 6201810900 $107.98
184937 6201920400 $92.87
183788 6201920700 $107.98
184653 6200410600 $96.90
173383 6203800600 $96.90
185238 6201920600 $211.43
163361 6203900600 $103.95
138070 6200430900 $107.98
165814 6202621200 $125.99
117768 6203901600 $96.15
154548 6202620800 $122.32
99429 6184100400 $92.87
184692 5672500500 $245.26
179977 6191721200 $92.87
80841 5755203100 $96.90
26939 6201701400 $96.89
185515 6431002108 $141.27
149981 6402603800 $110.73
185591 6202940800 $86.05
166545 6240531300 $85.63
175774 5953212923 $92.87
187076 6436202000 $127.48
161702 5950315319 $78.52
177322 5751310100 $104.02
117468 6194001700 $103.95
78593 6182903800 $92.87
89353 6193503200 $185.74
186242 6193800600 $150.87
29628 6202621600 $160.76
183992 6435301400 $103.95
176310 6435302000 $92.87
Page 14 of 20
~~f?-
-..-
r -'""'- ~ 1Iii:
~~~~
CITY OF
CHUlA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03. 2007
Account No. Parcel No. Balance Due
181646 6435307500 $185.74
59569 6401920100 $103.95
92586 6401921100 $155.16
168143 6403600300 $119.80
186219 5693410500 $121.71
175807 5954401800 $207.90
150851 6411324900 $124.54
145793 6436602800 $166.70
145794 6436602900 $92.87
169822 6425700900 $96.90
151705 6205105900 $92.72
181465 5943921600 $214.41
176106 6433700113 $52.44
164546 6433700111 $78.52
154499 6232712300 $103.95
121867 6403516200 $116.51
80270 5403403800 $92.87
150699 5957811900 $107.98
148386 5958111500 $92.87
173707 6403923300 $245.95
116944 6432305400 $103.95
21279 6205417000 $96.90
183960 6442112700 $125.99
121146 6442121600 $103.36
172804 6442214200 $113.17
162084 6442214600 $281.30
187461 5952522900 $147.26
176127 5952533000 $129.29
161870 5952532300 $107.98
103552 5952622500 $96.90
170388 5944331900 $103.81
145926 6435205118 $92.87
174378 6193600300 $130.02
180363 6200230300 $107.98
144537 6193801900 $112.85
184071 6193901700 $96.90
151985 6200770100 $92.87
104169 5956601100 $107.98
165131 5755302000 $84.85
Page 15 of 20
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
168882 6437304100 $103.95
170624 6437310200 $96.90
184484 6436606400 $185.74
123455 6193425800 $88.63
172259 6432701200 $109.26
145361 6243941100 $134.05
78062 6243930900 $96.10
146064 6435112300 $92.87
182084 6411420900 $103.95
144878 6206523500 $224.55
168522 6424904400 $107.98
151472 6412500300 $96.90
143101 6412823400 $215.96
30240 6402331700 $96.90
146360 6435157500 $92.87
146458 6435173200 $25.00
151686 5943411200 $96.90
161330 6426406300 $92.13
140523 6204400500 $114.91
92675 6204400200 $103.95
72214 6242000200 $103.95
174475 6242000100 $103.95
176438 5956602900 $106.07
158687 6203303700 $206.03
90715 5712101200 $103.95
173609 5712821000 $78.52
185622 5712811600 $229.29
19164 5742610400 $96.90
162529 6206040500 $103.95
174515 6434815700 $96.90
153376 6436102752 $92.87
30742 5952011600 $92.87
177102 5951303100 $96.90
186751 5955205100 $99.25
185286 5955205800 $258.03
162069 6401802900 $78.52
108574 6401804300 $80.99
186741 6401801500 $129.80
174169 6424505300 $96.90
Page 16 of 20
~~f?-
--..-
~~~~~
""-~~~
CllY OF
CHULA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03. 2007
Account No. Parcel No. Balance Due
111527 5955403200 $82.55
36873 5734820300 $96.90
118831 5734300200 $103.95
68257 5750910800 $209.64
147601 6435704400 $146.94
95116 6241001500 $92.87
102610 6956003900 $103.95
183967 5956004000 $185.74
170922 5956001400 $212.56
150681 5957002000 $107.96
71637 5663005300 $109.47
155338 5663005500 $137.28
91336 6190812500 $78.52
166462 6191312000 $92.87
107764 6192220400 $144.67
95717 6192601100 $155.74
172244 7762307418 $78.52
127012 5691421900 $96.30
165489 5692200200 $92.87
30336 5692510400 $107.98
164290 5730711400 $99.02
95295 5735000400 $78.52
46841 5661030800 $236.92
186036 7762307466 $102.39
122263 6434801500 $92.87
153484 6423800610 $103.95
159540 6423801501 $141.68
177978 6401800400 $92.87
171960 5730610600 $89.58
23120 5730610400 $207.90
186977 6434502600 $141.20
168802 6434500500 $96.90
125092 6434505800 $92.87
177897 5952931000 $206.61
187218 5952933800 $139.86
180643 6183020100 $139.80
155341 6435003700 $107.98
187280 6435026000 $128.09
176493 6435026300 $124.25
Page 17 of 20
~JI?-
-...-
F ~~ =E::;;F
-~~~~
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
155143 6435001800 $115.50
187027 5672320800 $124.54
175619 5650801300 $92.87
162826 5672111000 $107.98
106279 5921723600 $92.87
133085 5953213015 $92.87
140270 6412301500 $125.99
150888 6434865327 $92.87
109083 6424314400 $96.90
176278 6426231200 $124.48
170242 6426235000 $104.84
155074 5921713000 $270.02
159178 6432201000 $92.87
126044 6411933400 $125.99
125533 6411936700 $92.87
168409 6412104400 $207.90
186952 6402512400 $225.82
132990 5932710700 $92.68
26298 5932721600 $83.50
147709 6435901400 $103.95
95404 6240414400 $92.87
183633 5957600600 $92.87
187510 6241203000 $67.67
159271 6433023000 $90.45
20372 6242700100 $96.90
133517 6434312800 $96.39
185508 6243002200 $108.48
146851 6413012700 $92.87
185088 6396307400 $107.98
179289 6443023700 $130.53
177799 6392140100 $92.79
182036 6191521100 $130.02
167775 6192701600 $92.87
178007 6194002000 $207.90
146685 6436510421 $125.29
146646 6436510404 $99.42
27938 5690705100 $160.61
135635 5943622500 $92.87
181717 6436426700 $85.80
Page 18 of 20
~JI?-
--..-
~ -E~ -:E~
~ ~~""-
CITY OF
CHUlA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03. 2007
Account No. Parcel No. Balance Due
147859 6435512100 $92.87
178022 6433801402 $78.52
188008 6231412500 $86.93
182947 6430514978 $91.85
147478 6436403200 $130.02
23047 6191810600 $181.93
26390 5730740500 $92.87
23764 6191810400 $206.03
161181 6434602800 $114.91
166111 6435910200 $103.95
134436 6240553600 $125.99
129049 6426503600 $118.52
171817 6432320900 $115.20
115496 6400214100 $103.95
99491 5944305000 $92.87
170980 5944311100 $77.27
152188 6425500906 $136.64
166873 6425500801 $78.52
134621 6401010900 $105.03
181111 5944327000 $96.90
33078 5661324500 $107.98
34123 5741500600 $95.07
187381 6426331900 $122.14
160495 5952110800 $107.98
151505 5952120700 $92.87
31999 5952935600 $92.87
185679 5952935100 $126.50
185665 5952422000 $243.34
124437 6426611600 $125.99
187545 6434405000 $107.02
181834 6435204818 $92.87
187007 6435204801 $117.55
145867 6435205615 $129.97
136929 6412022400 $96.90
153325 6180717600 $96.15
187418 6436911800 $108.70
152227 5953215022 $92.87
141921 5953214818 $92.87
155397 6411132000 $96.90
Page 19 of 20
, .
~~rc-
-...-
~ ~~ ~::F
~ "'-.........~
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Delinquent Trash Accounts With Notice Of Public Hearing Sent
December 03, 2007
Account No. Parcel No. Balance Due
183344 6411503000 $128.28
186927 5731100800 $92.87
134378 6434865367 $103.95
185063 6392340200 $78.52
170875 6435412700 $114.44
147158 6435401800 $103.95
161464 5958451600 $92.87
161436 5958441100 $92.87
161446 5958441500 $119.81
160603 5921912011 $92.87
150850 6434603900 $185.74
187902 6181310800 $92.65
96330 6181310900 $96.90
153964 5711821200 $177.90
187976 5712230800 $89.53
101917 5712230800 $92.87
169818 5712230400 $107.98
186575 5712630300 $149.78
75807 5712631000 $96.90
185582 5711830700 $135.07
99019 5712230300 $155.74
19028 5712630400 $235.34
170371 6421100800 $96.90
186900 6422205700 $92.87
187598 5957603600 $100.16
141708 5957641600 $103.95
95856 6231720700 $92.87
94041 6231720300 $185.84
Accounts: 769 Total Due: $88,904.42
Page 20 of 20
Resolution No. 2007-
Page 2
submitted to the City Council and on file in the City Finance Department, assessing delinquent
solid waste service charges as liens upon the respective parcels ofland and the placement of such
delinquent charges as special assessments on the next corresponding regular tax bills, unless
cleared prior to transmittal of the delinquent account list to the County.
Presented by
Approved as to form by
Maria Kachadoorian
Director of Finance
J:\AllOmeyIRESQ\SOL1D W ASTE\Delinquent solid waste srve chrgs_12-04-07.DQC
14-5
CITY COUNCIL
AGENDA STATEMENT
~.:::::. CITY OF
~<< ",<- CHULA VISfA
December 4, 2007 Item~
SUBMITTED BY:
RESOLUTION OF THE CITY OF CHULAVISTA CITY
COUNCIL DENYING THE FEE WAIVER REQUEST OF
CALVARY CHAPEL, SAN DIEGO OF OCTOBER 29,
2007, REGARDING DEVELOPMENT REVIEW
DEPOSIT ACCOUNT #DQ1235 f
PLANNING AND BUILDING DIRECTOR
CITY MANAGER
ASSISTANT CITY MANAGER <; r
ITEM TITLE:
REVIEWED BY:
4/5THS VOTE: YES
NO X
BACKGROUND
On October 29, 2007, Associate Pastor Wes Anderson, on behalf of Calvary Chapel San
Diego, submitted a request for the waiver of the balance of development review deposit
account #DQI235. Such requests may be considered by the City Council per Municipal
Code Section 3.45.010.
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
Staff recommends that the Council adopt the attached resolution denying the fee waiver
request of Calvary Chapel.
BOARDS/COMMISSION RECOMMENDATION
None.
15-1
DECEMBER 4, 2007, Item ~
Page 2 00
DISCUSSION
The City's fee schedule establishes a list of development project application types that
are processed using deposit accounts. These accounts are initially funded by the project
applicant, and as work is done on the application by staff and other expenditures are
required, reimbursement to the City is drawn from the account. Staff regularly monitors
the balance of these accounts, and if the project is of such complexity or duration that the
level of staff effort and other expenses depletes the initial deposit, further funding is
required of the applicant. Conditional Use Permits that are subject to hearing by the
Planning Commission are included in the application types processed using deposit
accounts.
The deposit account #DQ1235 was established on July 18, 2005 with an initial deposit of
$12,000 for the purpose of funding processing work on the Calvary Chapel High School,
within Village 6 of Otay Ranch. In the course of processing this project, staff billings
and other expenses resulted in a current net account deficit owed the City of $45,357.01.
Calvary Chapel has since withdrawn the project associated with #DQ1235 and has
submitted a new application being processed using a different account.
In a letter of October 29, 2007, the applicant has referenced Municipal Code Section
3.45.010, and has requested a waiver of the current balance of#DQI235. In support of
this request, the applicant has cited previous waivers of fees by the City for non-profit
organizations, -due to the economic hardship which the fees represent to such
organizations. [Attachement 1]
Staff has investigated waivers considered in the past. The most recent such request made
of the City Council was considered and denied in July 2005. The request was for a
$4,000 waiver and regarded an amendment to the Conditional Use Permit for the Bonita
Country Day School. The initial fees for the school had been waived in 1995.
Under Section 3.45.010, the City Manager may waive fees for amounts under $2,500.
There appears to have been eight instances in which the City Manager waived fees of
$2,500 or less in the last five years. The records of these waivers do not reflect the
fmdings upon which the Manager relied.
Waivers by the City Manager notwithstanding, staff does not believe that the fmdings
required by Section 3.45.010 can be made based on the Calvary Chapel request. The
Section requires that the City Council find that the applicant has presented, "a peculiar
economic hardship or other injustice would result to the applicant which outweighs, when
balanced against the need of the City revenue and the need for a uniform method or
recovering same from those against whom it is imposed." Staff believes that the
rationale put forth by the applicant - their non-profit status - is neither peculiar nor a
demonstration of hardship or injustice.
15-2
DECEMBER 4, 2007, Item~
Page 3 of3
Moreover, the waiving of development project fees transfers the costs of processing the
Calvary Chapel application to the public at large, as represented by the General Fund.
The requested waiver is a significant amount, which would not have been expended by
the City but for the timing, location and nature of the project as submitted by the
applicant. As a matter of policy, the citizens of Chula Vista should not be burdened by
this expenditure, absent a compelling rationale.
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.
FISCAL IMP ACT
The waving of the current negative balance of #DQ1235 would reduce Planning and
Building Department development processing fee revenues by $45,357.01.
ATTACHMENTS
1. Letter requesting fee waiver, October 29, 2007 by Associate Paster Wes Anderson
2. Municipal Code Section 3.45.010
Prepared by: Jim Hare. Assistant Planning Director, Planning and Building Department
15-3
CAlVARY CHAPEL t!J;; SAN DIEGO
OCT 2 9 ?nn7
OCT;, 9 l11W
October 29, 2007
SENT VIA HAND DELIVERY
Mr. David Garcia
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Non-profit development fees
Dear Mr. Garcia:
Calvary Chapel San Diego desires to build a new church facility in Otay Ranch, which is located on the remaining
Community Purpose Facility (CPF) site in Village 5.
Calvary Chapel is requesting a waiver of the outstanding development fees related to this project under Section
3.45.010 of the City Code. This section of the City Code allows the City Council to waive all or a portion of the City's
master fee schedule for economic hardships. Historically, the City Council has found the processing fees to be an
economic hardship to non-profit organizations.
We are requesting that a waiver be granted of the outstanding development fees related to this project as we are a
non-profit organization. Our Federal non-profit number is 33-0168318.
Our Depbsit Account with the City is #001235.
Any assistance you could provide is greatly appreciated.
I ~. it cereff." I. . .
~j{l~
Wes Anderson
Associate Pastor
cc: Mr. Jim Sandoval, Director of Planning
Mr. Scott Donaghe, Senior Planner
Mr. Harold Phelps, Associate Planner
I:\olay ronch\cnderson..gorcic letteUO 29 07.doc
1771 E. Palomar Street. Chula Vista, Ca 91913 . phone 619.421.1100' fax 619.591.2262
ccsd@calvarysd.com '1~.falvarysandiego.com
Chapter 3.45
MASTER FEE SCHEDULE
Sections:
3.45.010 Established - Purpose.
3.45.010 Established - Purpose.
A. The City Council shall adopt, by resolution, a master fee schedule,
indicating therein the fees for all services, administrative acts and other
legally required fees, which resolution may be amended from time to time
and shall be effective upon first reading and approval; provided, however,
such resolutions may specify therein their applicability, if any, to
applications currently in the process of review.
B. A copy of the master fee schedule shall be maintained in the office
of the City Clerk and in each department of the City.
C. The fees set forth in the master fee schedule may be waived by the
waiving authority, as defined in subsection (D) of this section, in
accordance with the following procedures:
1. Any person requesting an abatement of a fee herein charged shall
request said abatement in writing, addressed to the waiving authority, and
shall set forth herein, with specificity, the reasons for requesting said
abatement of all or any portion of the fees.
2. The waiving authority shall conduct a public hearing, notice of
which is not required to be published. Notice of said public hearing shall
be given to the applicant and to any party or parties requesting notice of
same.
3. Prior to abating all or any portion of a fee established in the
master fee schedule, the waiving authority shall find a peculiar economic
hardship or other injustice would result to the applicant which outweighs,
when balanced against, the need of the City revenue and the need for a
uniform method of recovering same from those against whom it is
imposed.
D. "Waiving authority," as the term is used herein, shall mean the City
Manager, or his designee, if the amount of such waiver is iess than or
equal to the greater of (1) $2,500 or (2) 25 percent of the fee imposed by
the master fee schedule. If the amount of the waiver is greater than the
greater of $2,500 or 25 percent of the original fee imposed by the master
fee schedule, the "waiving authority," as used herein, shall mean the City
Council.
E. If the waiving authority in a particular fee waiver matter is the City
Manager, or his designee, the decision of the city manager, or his
designee, may be appealed to the city council by any person, including,
but not limited to, the members of the city council. If the waiving authority
is not the city council, then the waiving authority shall provide notice of his
decision to waive the fee set forth in the master fee schedule by
distributing a copy of said notice of decision to each member of the city
council and to the city clerk. Said notice of decision shall be deemed a
public record. (Ord. 2506 ~ 1, 1992; Ord. 2375 ~ 1, 1990; Ord. 2373 ~ 1,
1990; Ord. 2066 ~ 1, 1984; Ord. 1818 ~ 1, 1978).
15-5
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
DENYING THE FEE WAIVER REQUEST OF CAL VARY CHAPEL SAN
DIEGO OF OCTOBER 29, 2007, REGARDING DEVELOPMENT REVIEW
DEPOSIT ACCOUNT #DQ1235
WHEREAS, in a letter to the City Manager dated October 29,2007, Wes Anderson,
Associate Pastor, on behalf of Calvary Chapel San Diego ("Applicant"), requested
consideration of a waiver of balance of development processing fees due within the deposit
account #DQI235, pursuant to Section 3.45.010 of the Municipal Code; and,
WHEREAS, the balance of deposit account #DQ1235 currently stands at a deficit of
$45,357.01; and,
WHEREAS, Paragraph D of Section 3.45.010 of the Municipal Code provides that
the City Council is the 'waiving authority' for the consideration of fee waiver requests in
excess of the greater of$2,500 or 25 percent of the master fee schedule amount; and
WHEREAS, Paragraph C.2. of Section 3.45.010 of the Municipal Code provides that
a fee waiver be the subject of a public hearing with notice to be given to the applicant and to
any party or parties requesting notice of same; and
WHEREAS, in requesting the fee waiver, the Applicant has cited its non-profit status
and that the City Council has historically found that processing fees pose an economic
hardship to non-profit organizations; and
WHEREAS, Paragraph C.3. of Section 3.45.010 of the Municipal Code sets forth that
prior to abating all or any portion of a fee established in the master fee schedule, the waiving
authority shall find a peculiar economic hardship or other injustice would result to the
applicant which outweighs, when balanced against the need of the City revenue and the need
for a uniform method of recovering same from those against whom it is imposed. This
finding cannot be made, since the only justification provided by the Applicant is the historic
practice of the City Council in waiving fees for non-profit applicants, a justification does not
represent a peculiar economic hardship or injustice to the Applicant; and
WHEREAS, the City Council last acted on such a development processing fee waiver
request in 2005, denying a waiver request of $4,000, and has not recently considered or
approved such a request, and to grant a waiver in this instance and in the amount requested
would be inconsistent with the need of the City revenue and the need for a uniform method
of recovering same; and
WHEREAS, the requested waiver of$45,357.01 in development processing fees is a
significant amount, which would not have been expended by the City but for the timing,
location and nature of the project as submitted by the applicant, and the waiving of the
project processing fees would be a burden to the City of Chula Vista General Fund; and,
15-6
Page 2
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 defmed 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; and
WHEREAS, the City Clerk set the time and place for a hearing on the requested fee
waiver and notice of said hearing, together with its purpose, was given to the Applicant and
parties requesting notice of same by mail ten days prior to the hearing, and,
WHEREAS, the hearing was held at the time and place as noticed, namely December
4,2007 at 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula
Vista does hereby find that the Applicant has not presented a peculiar economic hardship or
other injustice. This finding cannot be made, since the only justification provided by the
Applicant is the historic practice of the City Council in waiving fees for non-profit
applicants, a justification that does not represent a peculiar economic hardship or injustice to
the Applicant
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does
hereby find it would be inconsistent with the need of the City revenue and the need for a
uniform method of recovering same against whom it is imposed to waive fees in the amount
requested and in the absence of a compelling rationale. The requested waiver of $45,357.01
in development processing fees is a significant amount, and the waiving of the project
processing fees would be a burden to the City of Chula Vista General Fund; and.
BE IT FURTHER RESOLVED, that, based on the foregoing recitals and findings, the
City Council of the City of Chula Vista hereby denies the fee waiver request of Calvary
Chapel San Diego of October 29, 2007 regarding development review deposit account
#DQI235.
Submitted by
Approved as to form by
James D. Sandoval, Alep
Planning and Building Director
*,1~
15-7
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California,
this 5th day of December, 2007, by the following vote:
AYES:
Councilmembers:
NAYS:
Councilmembers:
ABSENT:
Councilmembers:
Cheryl Cox, Mayor
ATTEST:
Susan Bigelow, 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 Resolution No.
_ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City
Council held on the 5th day of December, 2007.
Executed this 5th day of December, 2007.
Susan Bigelow, City Clerk
15-8
1}/04/2007 TUE 12: 14 FAX 951 600 4996 Tyler & Associates
\ ./
:')
I'
,-,,}
/ / ~ ,\
Telephone: (951) 304-7583
Facsimile: (951) 600-4996
December 4, 2007
VLI E-ICSI~ULE & U.S. M,IIL
Mr. Michael). Shirey
Deputy City Attorney
Office of the City 1\ ttorney
276 Fourth Avenue
Chula Vista, CA 91910
Facsimile: (619) 409-5823
Re: Calvary Chapel San Diego
Deposit Account: DQ1456
Dear Mr. Shire)':
Pursuant to the agreement reached between you and myself regarding my client,
Calvary Chapel San Diego ("Calvary Chapel"), please proceed with removing from this
afternoon's City Council agenda the following matter to be rescheduled at a later date:
ImSOLUTION OF THE Cny OF CHULA VISTA CITY COUNCIL
DENYING THE FEE W,-\IVER REQUEST OF Ci\LVARY CHAPEL SAN
DIEGO OF OCTOBER 29, 2007, REGAJu)ING DEVELOPMENT
REVIEW DEPOSIT ACCOUNT #DQ1235
Please confirm "I wlitil{g that the item has been removed from this afternoon's City
Counsel agenda. Should you have any questions, please do not hesitate to contact the
undersigned.
Kind regards,
It/
JLM:lkJ
cc: CaJvary Chapel San Diego
24910 LAS BRISAS ROAD, SUITE 110, MURRIETA, CA 92562
PHONE (951) 304-7583 t FAX (951) 600-4996
WWW.FAITH-FREEDOM.COM
IilJ002/00 2
....
CITY COUNCIL
AGENDA STATEMENT
~\J..'f:.. CITY OF
- CHULA VISTA
DECEMBER 4, 2007, Item~
ITEM TITLE:
PUBLIC HEARING TO PRESENT THE 2006/2007
CONSOLIDATED ANNUAL PERFORMANCE
EVALUATION REPORT (CAPER) AND SOLICIT
PUBLIC INPUT ON THE FUNDING PRIORITIES OF
THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), THE HOME INVESTMENT PARTNERSHIPS
ACT PROGRAM (HOME), AND THE EMERGENCY
SHELTER GRANT (ESG)
SUBMITTED BY:
REVIEWED BY:
REDEVELOPMENT MA
CITY MANAGER
4/5THS VOTE: YES D NO 0
BACKGROUND
The City of Chula Vista receives three Federal entitlement grants from the Department of
Housing and Urban Development (HUD): Community Development Block Grant
(CDBG), HOME Investment Partnership Program (HOME), and Emergency Shelter
Grant (ESG). These funds are to be used for housing and community development
projects that benefit lower income persons. Annually, the City is awarded approximately
$3,000,000 in these combined federal grant funds ($2.1 million in CDBG, $900.000 in
HOME and $90,000 in ESG).
The public hearing is intended to review the funding priorities for the City established
through the 2005-20 I 0 Consolidated Plan and to consider public input on housing and
community development needs of lower income persons in Chula Vista. This item will also
report on the City's administration performance under the grant programs as well as present
a funding timeline for the coming fiscal year (2008/2009).
ENVIRONMENTAL REVIEW
This item does not include a site specific project; therefore is not subject to National
Environmental Protection Act review or California Environmental Quality Act.
16-1
DECEMBER 4, 2007, Item~
Page 2 of3
RECOMMENDATION
Staffrecommends that the City Council conduct the Public Hearing and provide direction
to staff on any changes in funding priorities.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The CDBG, HOME and ESG grants are used to benefit lower income persons by
providing affordable housing opportunities and community development projects and
programs. The City is awarded approximately $3,100,000 annually in combined grant
funds. However, due to recent budget cuts at the Federal level the City may receive a 5%
reduction from last year, which would total approximately $2,900,000. Of this amount,
$2,000,000 represents CDBG funds. In September 2006, HUD approved a $9.5 million
Section 108 Loan. Beginning with FY 2008-2009, the City's debt service obligation will
be $800,000 off the top of the CDBG annual entitlement, leaving approximately $1.2
million for administration, projects and programs.
Annual Process:
Federal Citizen Participation Regulations governing the grant programs require that the
City hold a minimum of two public hearings at different stages in the annual plan
process. This public hearing represents the first public hearing for this fiscal year, and is
being held to review last year's performance, and to solicit input on low income housing
and community development needs and funding priorities. The existing City
Consolidated Plan identifies nine funding priorities divided into two categories: Housing
and Non- Housing and are further detailed in Attachment 1 of this report.
. Housing:
o Production of Affordable Housing
o Affordable Housing Opportunities (First Time Homebuyers, Rental Assistance)
o Maintain/Preserve Affordable Housing (Rehabilitation)
. Non-Housing:
o Infrastructure Improvements
o Public Facilities
o Public Services
o Accessibility/ADA Improvements
o Economic Development
Funding applications for the three grant programs are currently available to all interested
organizations and city departments. Staff will review all applications to determine
eligibility during the months of January and February. Staff will then return to Council in
March to present draft allocations to projects.
16-2
DECEMBER 4, 2007, Item~
Page 3 of3
Performance Evaluation:
The City's overall grant management performance is assessed primarily on the
Consolidated Annual Performance Evaluation Report (CAPER) which was submitted to
HUD at the conclusion of the 2006/2007 fiscal year. The CAPER provided HUD with all
the required financial and performance information for the CDBG, HOME and ESG
grant programs. It also includes a narrative describing how the City carried out its
housing and community development strategies, projects, and activities during the fiscal
year. A copy of the narrative is included with tbis report as Attachment "A". The
remaining HUD reports are on file in the Community Development Department due to
their large size.
In summary, the CAPER demonstrated that the City:
. Expended the grant funds in a timely manner;
. Funded only eligible projects, per HUD standards;
. Provided detailed accomplishment data for all grant-funded projects; and,
. Maintained its administration and public services expenditures witbin the mandated
caps.
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 I 8704.2(a)(l) is not applicable to tbis decision.
FISCAL IMPACT
No expenditure or allocation of City funds is required; therefore, there is no fiscal impact.
ATTACHMENTS
Attachment I: Funding Priority Needs
Attachment 2: CAPER Narrative
Prepared by: Angelica Davis, Community Development Specialist II,
Community Development Department
16-3
City Funding Priority Needs
The City has selected the following priority needs on which to focus the City's resources in the next
five years. These priorities were established taking the following two concerns into consideration: [1]
those categories of low and moderate income households most in need of housing and community
development; and [2] which activities will best meet the needs of those identified households. The
following helps to define the level of priority for each need in the community:
. HIGH represents a commitment to address the need in the Five Year Strategic Plan.
. MEDIUM if funds are available, activities to address this need may be funded during the Five
Year Plan and the City will take other actions to assist in the location of other sources of funds.
. LOW indicates the City will not fund activities but will consider certification of consistency for
other entity's applications for federal assistance.
. NO SUCH NEED indicates there is no need or that this need has already been substantially
addressed.
Activity
Priority Rating
I
-
Production of Affordable Housin
Affordable Housing Opportunities .
First Time Homebu ers Rental Assistance .
Maintain/Preserve Affordable Housing.
(Rehabilitation)
!
-
. Hi h Priori
For Low and Ve Low Income
. For Low and Very Low Income
. For Moderate Income
. For Small and Large Families which
are Very Low and Low Income.
Medium Priority . For extremely low and low income
elderl ersons
. . .
. High Priority
. Medium
.
Infrastructure Improvements
. High Priority
. To street improvement, sidewalk
improvements and street lighting.
Public Facilities
. Medium Priority . To flood prevention/drainage
im rovements
. High Priority . To facilities serving youth, park
and recreational facilities, and
neighborhood facilities.
Public Services
. Medium Priority . To facilities providing health care,
and those serving children
requiring child care, seniors, and
the disabled.
. Medium Priority . To support service needs of all
lower and moderate (0 to 80
percent) special needs households
(persons with AIDS, elderly,
disabled, female-headed
households, and large family
households .
. High Priority . To accessibility needs of the
physically disabled
Accessibility / ADA Improvements
Economic Development
. High Priority . To business attraction, retention
and ex ansion
16-4
Attachment No. 1
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CllY OF
(HUlA VISTA
Consolidated Annual
Performance Evaluation Report
(CAPER)
Fiscal Year 2006-2007
Submitted September 28, 2007
Contact:
Community Development Department
Housing Division
276 Fourth Avenue. Chula Vista, CA 91910
(619) 691-5036
email: adavis@cLchula-vista.ca.us
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Attachment No.2
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TABLE OF CONTENTS
I. GENERAL ASSESSMENT: ........................ ............ ......... ..... .................. ....................... ... ......... 1
A. ASSESSMENT OF FIVE YEAR GOALS AND OBJECTIVES: .................................................... 1
B. PERFORMANCE MEASUREMENTS:......................................................................................1
1 Housing Objectives ...................... ... ............ ......... ..... ... .................................................. 5
2. Homeless Objectives...................................................................................................... 7
3. Non-Housing Community Development Needs......................................................... 8
C. Affirmatively Further Fair Housing .................................................................................... 15
D. Affordable Housing: ...........................................................................,.............................. 17
E. Continuum of Care Strategy: .......................................................................................... 18
F. Other Actions ............................................................................................................,....... 21
G. Leveraging Resources: ..................................................................................................... 25
H. Summary of Citizen Comments:...................................................................................... 25
I. Self Evaluation: ...............,........... ......... ......... ...... .... ... ....... .................. ........................ ....... 25
II. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SPECIFIC REQUIREMENTS ......... 27
A. Use of CDBG Funds in Relation to Consolidated Plan Priorities. Needs. Goals. and
Objectives: ................................,....................................................................................... 27
B. Efforts in Implementing the Planned Actions: ............................................................... 27
C. Compliance with Nationai Objectives:.......................................................................... 27
D. Displacement and Relocation Activities: ...................................................................... 27
E. Funding Changes: ............................................................................................................27
F. Certifications of Consistency: ..........................................................................................27
G. Assessment of Efforts Made In Carrying Out Planned Actions.................................... 28
H. Economic Development Activities to Create/Retain Jobs: ........................................ 28
I. CDBG Funds Used to Benefit Limited/Low to Moderate Income Clientele: ............. 28
J. Program Income: ....................... ... ............................ ... ..................... ... .... ................ ......... 28
III. HOME PROGRAM SPECIFIC NARRATIVE .......................................................................... 29
A. Distribution of HOME Funds ............................................................................................. 29
C. Contracting Opportunities for Minority and Women-Owned Business: ..................... 29
D. Summary of Results of On-site inspections of HOME Rental Units: .............................. 29
E. Assessment of Effectiveness of Affirmative Marketing Plans: ...................................... 29
F. Program Income ............................. ..... .... .... ............ ,.. ..... ..... .......... ....... ........................... 30
G. American Downpayment initiative (ADDi).................................................................... 30
IV. EMERGENCY SHELTER GRANT PROGRAM (ESG) SPECIFIC NARRATiVE......................... 31
A. Homeless SeNice Activities & Accomplishments.......................................................... 31
B. Summary of One-Year Accomplishments ..................................................................... 31
C. Geographic Allocation of ESG Resources..................................................................... 31
D. Matching Resources......................................................................................................... 31
E. Discharge Coordination Policy ....................................................................................... 31
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TABLE OF CONTENTS CCont.)
Tables:
TABLE I: Five Year Goalsand Objectives Performance Measurement ................................. 3
Table ii- Shelters for the Homeless Serving San Diego - South Bay....................................... 19
Table III: HOME Program Funding Categories......................................................................... 29
Table iV: ESG Funding Cap Compliance................................................................................. 31
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I. GENERAL ASSESSMENT:
This Consoiidated Annual Performance and Evaluation Report (CAPER) for FY
2006-07 marks the second year of City of Chula Vista's progress in carrying out
priorities and specific Objectives identified in the 2005-2010 Consolidated Plan's
strategic plan and subsequent action pian. The report contains nine basic
elements: (A) Assessment of Five-Year Goals and Objectives; (B) Performance
Measurements; (C) Affirmatively Further Fair Housing; (D) Affordable Housing;
(E) Continuum of Care Strategy; (F) Other Actions; (G) Leveraging of
Resources; (H) Summary of Citizen Comments; and (I) Self-Evaluation.
A. ASSESSMENT OF FIVE YEAR GOALS AND OBJECTIVES:
For fiscal year 2006-07, the City of Chula Vista received the following
entitlement funds from the US Department of Housing and Urban
Development (HUD):
. Community Development Block Grant (CDBG) funds in the amount
of $2,042,661
. HOME Investment Partnership (HOME) funds in the amount of
$954,765 including $17,444 in American Dream Down-payment
Initiative (ADDI) funds;
. Emergency Shelter Grant (ESG) funds in the amount of $86,993.
The City also utilized funding from the Redevelopment Low and
Moderate Income Housing Fund for rehabilitation activities and
construction of new affordable housing. The funding source for the
Low and Moderate Income Housing Fund is the State mandated 20%
set-aside portion of the Redevelopment Agency's tax increment funds
that must be used to assist low and moderate-income households.
B. PERFORMANCE MEASUREMENTS:
The City of Chula Vista funded the projects listed in Table 1 as a means
to achieve the specific priorities and objectives established in the
Consolidated Plan for 2005-2010 as well as the annual goals for FY
2006/07. These activities were intended and ultimately benefited
primarily low-income and moderate-income residents within the City,
and addressed affordable housing, homeless, and non-housing
community development needs. These activities met three objectives
and three outcomes, detailed below:
Page 1 of 33
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CAPER
FY 2006-07
City of Chula Vista
. Objectives: 1) create suitable
decent affordable housing;
opportunities.
living environments; 2) provide
and, 3) create economic
. Outcomes: 1) availability or improved accessibility of infrastructure,
public facilities, housing, or shelter to low/moderate-income
people, including persons with disabilities; 2) new or improved
afford ability through creation or maintenance of affordable
housing; and 3) sustainability resulting from improved communities
or neighborhoods, making them livable or viable by providing
benefit to low/moderate-income persons, or by providing services
that sustain communities or neighborhoods.
The outcomes and objectives that were achieved in 2006/2007 are
included with each of the planned activities (Table 1 below and
Appendix A - Listing of CPMP Project Tables). The outcomes and
objectives are identified using the numbering system which ties to
the Community Planning and Development Performance
Measurement System developed by HUD as follows:
Decent Housin
Suitable livin Environment
Economic Opportunity
vailability / Aft d b"l"t
"b"l"ty or a II y
ccessl II
DH-l DH-2
SL-l SL-2
EO-l EO-2
Sustainability
DH-3
SL-3
EO-3
Page flf~ i~
CAPER
FY 2006-07
City of Chula Vista
Tenant Based Rental
Assistance
American Dream
DownPa ment
Community Preservation
2006-31
DH-2
HOME
Number of new Housing Units
created
Number of Households receiving
rental assistance
Number of Households receiving
down a ment assistance.
Number of Units Inspected
N/a
2006-28
HOME
100
combined
o
Boys and Girls Club 2006-24 CDBG 1
Bay Boulevard Park 2006-20 CDBG 10 N/A
Eucalyptus Park 2006-21 CDBG Number of Improved Public combined
SL-l Facilities N/A
Memorial Park 2006-22 CDBG N/A
Norman Park 2006-23 CDBG N/A
City of Chula Vista
Page 3 of 33
CAPEl<
FY 2006-07
Outcome/Objective
Specific Objective
Action
Plan
Activity #
Outcome/
Objective
Code
Source
of Funds
Performance Measure
(Indicator)
5-Year
Goals *
2005
Acmp.
2006
Acmp.
2007
Prop.
. - ..<<
CDBG Program Admin. 2006-01 CDBG
HOME Program Admin. 2006-27 HOME
ESG Program Admin. 2006-32 N/A ESG
Fair Housing Council 2006-02 CDBG
Reg. Task Force on Homeless 2006-03 CDBG
* Reflects change In HUD procedure to count all persons In the census tract Improved.
N/ A - Administration Activities
City of Chula Vista
Page 4 of 33
CAPER
FY 2006-07
1. Housing Objectives
This section describes Chula Vista's strategies for addressing housing needs, which
are identified as a High priority in the City's 2005-2010 Five-Year Consolidated Plan.
Geographic Distribution: Housing assistance can be generally described as
available throughout the entire City. Homeownership, preservation of at-risk
affordable housing, rehabilitation of owner-occupied housing, and mixed income
rental housing acquisition and development activities may occur throughout the
City.
Priority 1: Production of Affordable Housina
Priority: Assist non-profit corporations to develop affordable housing for very low and
low income households
Targeted High Priority is assigned to smail (2-4 persons per household) and large (5+
Groups: persons per household) families that are very low and low income. Medium
Priority is assianed to extremely low and low Income elderlv oersons
Five-Year 20 Housing Units (5 housing units annuaily)
Objectives:
Performance Units Constructed as a proportion of Regional Housing Needs ailocation for
Measure: the appropriate levei income group.
Implementing Programs funded in FY 2006:
. Production of Affordable Housing - $263,722 of HOME Funds
Funds were allocated with prior year HOME funds to assist in the production
207 affordable housing project entitied "The Landings". Construction to begin
in 2007-08.
During 2006/2007 construction continued on the HOME funded Seniors on
Broadway project. Completion expected in2007/2oo8.
Priority 2: Housing Assistance
Priority: Provide Affordable Housing Opportunities to low and moderate income
households
Targeted Groups: High Priority is assigned to very low and low income family rental units.
Medium Priority is assigned to low and moderate income family for-sale
units
Five-Year Objectives: 250 Households (50 households annually)
Performance Number of households assisted as a proportion of the total number of low
Measure: to moderate-income households in the City.
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CAPER
FY 2006-07
City of Chula Vista
Implementing Programs funded in FY 2006-07:
. Tenant Based Rental Assistance - $440,000 of HOME Funds.
The City established the short-term (2 year) tenant-based rental assistance
program for Chula Vista residents. Assistance priority was given to residents
displaced from their primary residence.
Accomplishment: 16 Households
. 696-700: City - Community Development - Down Payment Assistance -
$17 A44 of 2006 and $17 A44 of 2005 HOME Funds
This was the third year since the introduction of ADDI funds to the HOME
program. This program offered downpayment assistance to low-income, first
time homebuyers for purchase of single family homes. The funds were used in
combination with prior year funds.
Accomplishment: 11 Households
Priority 3: Preservation & Maintenance of Existing Housing
Priority: Maintain and preserve the City's aging housing stock
Targeted Groups: Low to moderate income persons (31 to 80 percent of the median)
Five-Year 1,500 Housing Units (300 housing units per year)
Objectives:
Performance Number of Households/Housing Units assisted as a proportion of the total low
Measure: to moderate income households with housing probiems in the City that were
built prior to 1970
Implementing Programs funded in FY 2006-07:
. 657: City - Planning & Building - Code Enforcement Program - $150,000 of
CDBG Funds.
Code Enforcement, a complaint-driven program, which targeted private
residential (single-family detached and attached) properties located within
low to moderate-income census tracts (targeted areas). CDBG funds were
used to pay the salaries of the four Code Enforcement Officers, who were
assigned to the targeted areas.
Accomplishment: 425 Units
City of Chula Vista
Page ~ g!.134
CAPER
FY 2006-07
2. Homeless Objectives
This section describes Chula Vista's strategies for addressing homeless needs, which
are identified as Medium priorities in the City's 2005-2010 Five Year Consolidated
Plan.
Geographic Distribution: Homeless programs can be generally described as
available throughout the entire City.
Priority 1: Homeless Needs
Priority: Continue to support programs offering transitional housing opportunities
for homeless families and individuals
Target Groups: Medium Priority is assigned to extremely low income families and
individuals
Five-Year 100 homeless persons (20 homeless persons annually)
Objectives:
Performance Number of homeless persons assisted as a proportion of the estimated
Measure: number of homeless in Chula Vista.
Implementing Programs funded in FY 2006-07:
. 647: South Bay Community Services - Thursday's Meal - $10,000 of CDBG
Funds
Provided homeless and needy families with hot and nourishing meals, to help
homeless and/or low income families stretch their food resources, so they may
concentrate more on developing self-sufficient lifestyles without having to
struggle so hard for their daily food.
Accomplishment: 309 People
. 664-665: South Bay Community Services - Coso Nueva Vida I - ESG06 -
$82,644 of ESG Funds
ESG funds will be used for short term housing for homeless families (with
chiidren), most of whom are victims of domestic violence. In addition to
housing, families, together with staff, develOp a treatment plan so the client
can work to re-establish self-sufficiency and end their homelessness. Services
include mentai health counseling, trauma related services, assistance in
finding housing and substance abuse services.
Accomplishment: 244 Households
. 642: Lutheran Social Services - Project Hand -$8,000 of CDBG Funds
Provided food, commodities, shelter referrals and other emergency
assistance services to low income clients who reside in Chula Vista.
Accomplishment: 1121 People
Page 7 of 33
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CAPER
FY 2006-07
City of Chula Vista
3. Non-Housing Community Development Needs
This section describes the City of Chula Vista's strategies for addressing non-housing
community development needs, which are identified as Medium priorities in the
City's 2005-2010 Five Year Consolidated Plan.
Geographic Distribution: Community facilities, infrastructure, and accessibility
improvement activities are focused in low and moderate-income target areas.
Community services and economic development activities can be generally
described as available throughout the entire City.
Priority 1: Public Services
Priority:Public Continue to fund public services at the federally mandated 15% cap
Services:
Targeted Groups: Medium Priority is assigned to addressing the support service needs of all
lower and moderate (0 to 80 percent) special needs households (persons
with AIDS, elderly, disabled, female-headed households, and large family
households).
Five-Year Assist 12,500 people with public services
Objectives: 3,500 Special Needs
2,000 General Public Services
3,500 Youth Services
3,500 Elderly
Performance Number of People assisted as a proportion of the number of peopie in
Measure: need for each special needs category.
Implementing Programs funded in FY 2006-07:
a. Special Needs Services
. 638: Chula Vista Veterans Home Support Foundation - Rehab Unit Equipment -
$3,500 of CDBG Funds.
Partial funding for purchase of essential rehabilitation equipment supplies for
the Intermediate Care Facility of the Chula Vista Veterans Home.
Accomplishment: 350 People
b. General Public Services
. 637: Chula Vista Community Collaborative - Child Care Coordinator - $42,000
of CDBG Funds
Provide training to childcare providers to improve the quality of care, assist in
the licensing process, provide advocacy training and coordinate the annual
Day of the Child Event.
Accomplishment: 850 People
City of Chula Vista
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CAPER
FY 2006-07
. 645: South Bay Community Services - Family Violence Treatment - $34,000 of
CDBG Funds
Provided therapeutic, counseling and crisis service to adult and child victims
and perpetrators of family violence through strengths-based assessments;
treatment planning; age-appropriate group and individual counseling for
children; victim support groups; crisis intervention and SAFE Program for Chuia
Vista children and members of their families who are dealing with issues
pertaining to interfamilial child sexual molestation.
Accomplishment: 841 People
. 648: YMCA - Family Stress Counseling Svcs. - Kinship Support Services -
$25,000 of CDBG Funds
Provided case management, assistance with guardianship and permanency
planning, school readiness and academic support, caregiver support
groups/parent education and other services designed to assist relative
caregivers and maintain the placement of the children in their care.
Accomplishment: 395 People
c. Youth Services
. 639: City-Parks and Recreation - WizKids - $12,299 of CDBG Funds
Provided at-risk youth with services and support to maintain anti-drug, anti-
crime, healthy and productive lives.
Accomplishment: 75 Youth
. 640: Family Health Centers of San Diego - KidCare Express III Mobile Medical
Unit - $27,000 of CDBG Funds
Provided primary healthcare services to low income medically underserved
children and families in Chula Vista by removing financial. transportation, and
linguistic barriers, KidCare makes sure that Chuia Vista families get the
healthcare they need.
Accomplishment: 941 Youth
. 646: South Bay Community Services - Prevention & Diversion Project - $96,600
of CDBG Funds
Through the assistance of sub-contracts, SBCS provided at-risk youth with
services and support and opportunities they need to lead heaithy and
productive lives. Provided services before, during and after school.
Accomplishment: 1263 Youth
Page 9 of 33
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CAPER
FY 2006-07
City of Chula Vista
b. Elderly Services
. 636: Adult Protective Services - South Bay Adult Day Health Care - $11,000 of
CDBG Funds
Funding provided or contracted for transportation seNices to and from the
South Bay Adult Day Health Care Center for disabied seniors,
Accomplishment: 42 Elderly Persons
. 641: Lutheran Social Services - Caring Neighbor - $20,000 of CDBG Funds
Provided health and safety related minor home installations and repairs,
portable wheelchair ramps, transportation and weed abatement to seniors
and adults with disabilities who reside in Chula Vista,
Accomplishment: 79 Elderly Persons
. 643: Meals-on-Wheels - Meals-on-Wheels Chula Vista - $12,000 of CDBG
Funds
Provided two meals a day, seven days a week, including special diets, to iow
and moderate income seniors, age 60 and over, in their homes in Chula Vista,
Accomplishment: 477 Elderly Persons
Priority 2: Economic Development
Priority: Continue to provide proactive business assistance programs to
encourage job creation through business attraction, retention,
and expansion
Target Groups: High Priority is assigned to business attraction, retention and
expansion
Five-Year Objectives: 20 jobs (5 jobs annually)
Number of jobS created or retained made available to low and
Performance Measure: moderate income peopie as a proportion of currentiy
unemploved persons,
. In FY 2006-07 No Economic Deveiopment Activities were undertaken with HUD
funds in response to a request from HUD.
Page lflf.! y~
CAPER
FY 2006-07
City of Chula Vista
Priority 3: Public Facilities
Priority: Continue to improve the quality of existing community facilities to serve the
needs of lower and moderate income househoids
Target Groups: High Priority is assigned to addressing the needs for community facilities
serving youth, park and recreational facilities, and neighborhood facilities.
Medium Priority is assigned to address the needs for community facilities
providing health care, and those serving children requiring child care,
seniors, and the disabled.
Five-Year Obj.: 10 public facilities
Performance Number of publiC facilities improved as a proportion of the number of low
Measure: to moderate income households located in the projects census tracts.
Implementing Programs funded in FY 2006-07:
. 656: Boys and Girls Club - Lauderbach - Capital Improvements - $22,600 of
CDBG Funds
This project includes the installation of security lighting and surveillance
equipment. This project has experienced delays due to volunteer and Davis
Bacon issues. The project should be completed in 2007-2008.
. 652: City - Public Works Dept. - "F" Street and Bay Blvd. Park - $20,500 of
CDBG Funds
Project included adding a new Pipe Arm gate in the entrance and new
lighting for added security, new signage, and a new bike rack.
. 653: City - Public Works Dept. - Eucalyptus Park - $80,000 of CDBG Funds
Funds will be used for bleachers, trash receptacles, park security lights and will
be completed in 2007/2008.
. 654: City - Public Works Dept. - Memorial Park - $10,500 of CDBG Funds
Funds were used for the replacement of wrought iron fencing, repair of
concrete, expansion of trash enclosure and upgrade tot-lot fencing to bring
up to ADA codes.
. 655: City - Public Works Dept. - Norman Park - $10,000 of CDBG Funds
Funds were used for the purchase of new horseshoe pits and to rebulid
and lor expand trash enclosure to encourage recycling programs and allow
green waste disposal.
Page 11 of 33
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CAPER
FY 2006-07
City of Chula Vista
Priority 4: Infrastructure
Priority: Provide for needed infrastructure improvements in lower and moderate
income target areas
Target Groups: High Priority is assigned to addressing the need for street improvement,
sidewalk improvements and street iighting. Medium Priority is assigned to
addressina the need for flood orevention/drainaae improvements
Five-Year 10 pubiic facilities
Objectives:
Performance Number of public facilities improved as a proportion of the number of low
Measure: to moderate income households located in the projects census tracts.
Implementing Programs funded in FY 2006-07:
. 649: City - General Services - ADA Annual Program (STL318) - $209,130 of
CDBG Funds
This project provided for the construction of ADA compiiant curb ramps in the
low/moderate income areas of the City. In 2006/07 the design of the new
ramp was completed. Construction to be completed in 07/08.
. 651: City - General Services - Sidewalk Annual Program (STL320) - $125,000 of
CDBG Funds
Funds were used for the design and construction of new sidewalks.
Construction to continue until 2007/2008.
. 658: San Diego-Imperial Counties Labor Council - Safe and Accessible
Sidewalks - $100,000 of CDBG Funds
This project wili provide improvements designed to remove material and
architecturai barriers that restrict the mobiiity and accessibility of elderly or
disabled persons by instaliing ADA curb-cuts. Design and construction to be
completed in 2007/2008,
Page %c:!~n
CAPER
FY 2006-07
City of Chula Vista
Priority 5: Plannin ] and Administration
Priority: Continue to manage and administer the CDBG, HOME and E5G programs
in compliance with HUD regulations and within the federaliy mandated
caps (CDBG: 20%, HOME: 10% and ESG: 5%)
Targeted Groups: n/a
Five-Year n/a
Objectives:
Performance n/a
Measure:
. 633: City - Community Development - CDBG Program Administration -
5370,532 of CDBG Funds
Administration funds were utilized for staff costs associated with the
mandgement and administration of Chula Vista's CDBG program, including
planning, regulatory compiiance, contract administration, and fiscal
management.
. 659: City - Community Development - HOME Program Administration -
$93,000 of HOME Funds
Administration funds were utiiized for staff costs associated with the
management and administration of Chula Vista's HOME program, including
planning, regulatory compiiance, contract administration, and fiscal
management.
. 666: City - Community Development - ESG-06 Program Administration -
$4,349 of E5G Funds
Administration funds wili be utilized for staff costs associated with the
management and administration of Chula Vista's ESG program, including
planning, regulatory compiiance, contract administration, and fiscal
management.
. 634: Fair Housing Council of San Diego - Fair Housing & Tenant Education -
$37,000 of CDBG Funds
Provided outreach and education regarding fair housing legal rights and
responsibilities, provided technical training to industry professionals, and
maintained programs and procedures under which citizens of the City may
register complaints concerning their allegations of unlawful housing
discrimination and seek enforcement assistance.
Page 13 of 33
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CAPER
FY 2006-07
City of Chula Vista
. 635: Regional Task Force on the Homeless, Inc. - Regional Task Force on the
Homeless - $1,000 of CDBG Funds
The Regional Task Force on the Homeless is a partnership of public agencies,
private groups and homeless advocates, that develops policies and provides
technical assistance with regard to needs of the homeless and availability of
facilities and services for this population.
Page '%~Z2
CAPER
FY 2006-07
City of Chula Vista
C. Affirmatively Further Fair Housing
Assessment of Impediments to Fair Housing Choice:
In FY 2003-04, the City participated in a regional effort to update the Analysis
of Impediments to Fair Housing Choice. This regional A[ involved ali 19
jurisdictions in San Diego County. The Draft AI was avaiiabie for a 3D-day
public review beginning September 13,2004 through October 12,2004. The
2004 AI identified the foliowing impediments:
. Many fair housing violations tend to be committed by sma[1 "mom and
pop" rental operations. These property owners/managers are often not
members of the San Diego County Apartments Association. Outreaching
to this group is difficult.
. Hispanics and Blacks continue to be under-represented in the homebuyer
market; there are large disparities in loan approval rates. Many of the
reasons for appiication denial rei ate to credit history and financial
management factors.
. Jurisdictions should coliaborate to provide education and outreach on
Credit History and Financial Management.
. Discrimination against people with disabiiities has become an increasing
fair housing concern.
. Limited regional coordination efforts.
. Fair housing service providers report accomplishments and statistical data
in different formats based on the requirements of each jurisdiction.
Ethnicities and income data are also tracked differently across
jurisdictions. Inconsistent reporting makes tracking trends difficult.
. Fair housing services vary across the region based on the agency
providing the services and the work scopes of each sub-recipient
contract. Differing leveis of funding may also be an explanation
accounting for variances in services.
. As many individual homeowners enter the business of being a landlord by
renting out their homes, many may not be aware of current laws.
. Educationai and outreach literature regarding fair housing issues, rights,
and services on websites or at pubiic counters is limited.
. Housing choices for persons with disabilities are iimited.
. Discrimination against people with disabilities has become an increasing
fair housing concern.
. Lead-based paint hazards often disproportionateiy affect minorities and
famiiies with children.
. Whiie education and outreach efforts are a clear priority of a[1 agencies
involved, a review of sub-recipient contracts, Action Plans, CAPER reports,
and annual accompiishment reports indicates a lack of quantifiable
goals, objectives, and accomplishments to gauge success or progress.
City of Chula Vista CAPER
Page 15 of 33 FY 2006-07
16-23
. Sales audits and lending audits are rarely performed.
. While tenant/iandlord disputes are not fair housing issues in general,
providing dispute resolution services may prevent certain situations from
escalating to discrimination issues.
. Various land use policies, zoning provisions, and development regulations
may affect the range of housing choice available.
Report on Accomplishments to Eliminate Impediments to Fair Housing
Choice:
On an annual and continuing basis, the City contracts with a non-profit
agency (currently the Fair Housing Council of San Diego) for the provision of
basic fair housing and landlord/tenant services which will include, but not be
limited to:
. Diverse community outreach and public education services (ongoing)
. Intake, investigation and resolution (through enforcement referrals) of
bona fide housing discrimination complaints (ongoing)
. Maintenance of records of all activities undertaken to address and
remove the Impediments identified under the Regional AI (ongoing)
. Through ongoing linkages with enforcement entities and
regional/national advocacy groups, foster and support of the general
coordination of federal, state and local fair housing laws in the jurisdiction.
In FY 2006-07, 62 Chula Vista residents received fair housing and
landlord/tenant services from the Fair Housing Council of San Diego, the
majority of which were low-income renters. 19 of the cases received in-house
counseling, 1 was conciliated, 39 were referred, and 3 were referred to DFEH.
16 percent of the complainants were African American, 32 percent were
Hispanic, and the remaining were Caucasian.
Page ~t0 Z~
CAPER
FY 2006-07
City of Chula Vista
D. Affordable Housing:
Very low income renters and owners are typically considered to have the
worst case needs in the City, thus providing affordable housing opportunities
has been a main goal of the City. During Program Year 2006-07, Chula Vista
used a combination of HOME and redevelopment set-aside funds to provide
continued implementation of affordable housing/homeownership programs
and rehabilitation programs.
During FY 2006-2007, an open Notice of Funding Availability (NOFA) process
was made available for disbursement of HOME affordable housing
development funds. The open NOFA process encourages multi-family
projects. We received two proposals in 2006-2007: 1) Briar Patch; and, 2) the
Landings Projects. One two was approved by Council and recommended
funding for the Landings.
New Construction: During this CAPER period the following projects were
undertaken:
1) MAAC Project - Seniors on Broadway ($3,511,195 of HOME funds):
Construction continued on the affordable housing project which consists
of 41 very iow income units. The project is scheduled to be completed in
FY 2007-2008.
2) The Landings ($920,000 of HOME funds): This project includes 92
affordabie units (11 Home funded).
Rental Assistance:
Rental assistance was used to help those very low-income renters with the
greatest need. The City provided affordable housing rental assistance
through the Section 8 Program (administered by the County) and by the
Tenant Based Rental Assistance Program (TBRA) funded through HOME funds
and administered by City staff. During program year 2006/2007 the following
number of persons were served:
1) TBRA: 16 households
2) Section 8 Program: 2,625
First Time Homehuyer Programs'
The City redesigned the First Time Homebuyer Program to adequately assist
buyers in today's housing market. A contract with a non-profit Housing
agency was executed and will serve more people.
1). ADDI: A total of 11 families were assisted with down payment assistance.
Rehahilitatlon Programs'
In Program Year 2006-07, 8 households were provided with rehabilitation
services through the CHIP program using Redevelopment set-aside funds.
City of Chula Vista CAPER
Page 17 of 33 FY 2006-07
16-25
E. Continuum of Care Strategy:
Table II summarizes the activities and programs funded with ESG and CDBG
funds to assist the homeless from a continuum of care approach. These
activities benefit Chula Vista residents, which include emergency shelter,
transltlonai housing, social services (I.e" job counseling/training), mental
health services, and general health services.
SOllth Ray Commlmlty Services (SRCS)-
SBCS Is the primary social service agency that provides homeless shelter and
services within Chule Vista. SBCS operates four transitional living programs in
Chula Vista and participates in the FEMA and County of San Diego
Hotel/Motel Voucher Program. In addition, SBCS participates in the San
Diego Regional Continuum of Care Council (CoC), which is comprised of
representatives from local government jurisdictions, federal agencies, non-
profit service organizations, and housing providers, Annually, the CoC
participates in funding allocations in response to HUD's Super NOFA which
brought an estimated $4 million In grants to support the regions homeless
programs.
Contlnullm of Care
The City participates in the South Bay Homeless Advocacy Coalition which is
comprised of local sociai service agencies that serve homeless persons in the
South San Diego County including Chula Vista. The group meets on a
monthly basis. The agencies indicate that a growing need exists for Iimited-
term shelter or transitional facilities for homeless individuals and families. The
created a "white paper" which is an analysis of the immediate housing
needs to address the homeless needs of the South Bay region which consists
of the City of San Diego, Chula Vista, and National City. it has been
presented to he City's Public Safety Committee for review and will be
presented to the City Council on 2007-2008.
Refer to Table II attached for homeless shelters serving San Diego in the South
Bay area.
Page W~! Zg
CAPER
FY 2006-07
City of Chula Vista
Table 11- Shelters for the Homeless Servina San Diego - South Bay
Bed
Agencies Program Name Target Populaflon Special Needs Spaces City
Seasonal Emergency Sheffer
Ecumenical ISN Rot'l Shelter South Bay General Population General Homeless 12 Regional
Council of SO (mid-October -March)
County
Transitional Shelter
MAAC Project Nostros Adult Men Only Substance Abuse 13 Chula Vista
SBCS Casa Nuestro Shelter Homeless Youth General Homeless 8 Chulo Vista
SBCS Casa Nueva Vida Shelter Families w/Children General Homeless 45 Chula Vista
SBCS Casa Segura Families wjChildren Victims of Domestic 40 Chula Vista
Violence
SBCS Transitional Housing Program Families w/Chlldren General Homeless 40 Chula Vista
WInter Hotel/Motel Vouchers (November through April)
MAAC Project Hotel/Motel Vouchers Families w/Children At-Risk w/disabiiity N/A VarIous
SBCS Hotel/Motel Vouchers Families w/Children At-Risk w/disabiilty N/A Various
Total Beds 158
Source: Regional Task Force on the Homeless
City of Chula Vista
CAPER
FY 2006-07
Page 19 of 33
16-27
Homeless Prevention Programs and Services
For the last few years, the City has allocated Community Development Block Grant
(CDBG) funds to South Bay Community Services (SBCS) for youth and family
support services and housing services. Located in Chula Vista, SBCS offers
assistance to persons who are "near homeless" through coordination of available
services and financial resources and counseling in such matters as financial
management and family support.
For FY 2006-07, Chula Vista continued to support services geared toward the
homeless population including:
. Thursday's Meals was provided $10,000 of CDBG funds and they served over
309 hot meals.
. Lutheran Social Services Project Hand was provided $8,000 to provide
emergency services in the form of food, clothing, transportation and
prescription vouchers to those in need. Funds will be used specifically for the
provision of direct services, operating expenses as well as salary for a Program
Manager.
. SBCS was awarded $82,664 through the Emergency Shelter Grant program, to
support the operation of the Casa Nueva Vida which provides services in Chula
Vista. These services aim at homeless families, most of them victims of domestic
violence. They aim to develop a comprehensive strength-based family
assessment, after which together they develop a treatment plan so the clients
can work to re-establish self-sufficiency and end their homelessness. Funds are
used for operating and essential costs including child care, bus vouchers and
motel vouchers.
. The Regional Task Force on the Homeless was given $ 1,000 to help support
homeless research, distribution of homeless information, and homeless referral
services. The RTFH operates a unique (HUD mandated) Homeless Management
Information Systems that allows services agencies to track homeless client
information through a central database.
Page i%~ t8
CAPER
FY 2006-07
City of Chula Vista
F. Other Actions
1. Actions Taken to Address Obstacles to Meeting Underserved Needs:
The City Is continuing in Its effort to remove obstacles to meeting under-
served needs throughout the community. Chula Vista has made a
commitment to budget CDBG funds at the maximum aliowable for public
service activities to offer citizens much needed programs and services in the
area of literacy, job training, youth activities, senior services, violence
prevention, meal delivery, and health care assistance for low-Income
families. In addition, the City has hired additional staff to administer CDBG,
HOME, and ESG programs aimed at meeting the needs of iow to moderate-
Income residents throughout the City.
For FY 2006-07, Chula Vista aliocated 8344,928, close to the maximum
aliowabie for public service activities.
2. Foster and Maintain Affordable Housing:
The City has developed and utilizes an Affordable Housing Agreement for all
new housing developments occurring in Chula Vista. This agreement
stipulates that 10 percent of the total dwelling units in a new development
must be set-aside for low and moderate income households. This
inclusionary housing requirement Is strongly supported by the City Council
and has made it possible for affordable units to be co-mingled with market-
rate units In all areas of the City.
The City also maintains housing through the Community Housing
Improvement Program (CHIP). The purpose of this program is to assist low
income households rehabilitate their existing home. Both single-family and
mobile homes are eligible to receive assistance.
Currently, the City of Chula Vista the MAAC Seniors on Broadway project is
under construction. 41 low-income rental units wili be made available to
seniors. In addition, the City has entered into an agreement with a
developer to construct the" Landings" Project which consists of 92 affordable
units (11 HOME funded).
3. Eliminate Barriers to Affordable Housing:
The City has participated in the Mortgage Credit Certificate (MCC) program
since 1991. This program is offered to flrsHime home buyers purchasing
homes In Chula Vista. The purpose of this program is to assist low and
moderate income households purchase their first home. The main benefit of
the MCC program is in the form of a tax credit In the amount of 20 percent
of the mortgage interest paid annually. During 2006/07 a total of 12
Certificates were Issued. No Certificates were reissued.
City of Chula Vista CAPER
Page 21 of 33 FY 2006-07
16-29
4. Overcome Gaps in the Institutional Structure and Enhance Coordination:
To assure the effective use of funds and efficiency in the delivery of services,
the City's institutional structure consists of many departments working
together to provide services to City residents. In particular, the
Redevelopment Agency and the Community Development Department
work closely together to provide housing, community, infrastructure, and
economic development activities.
The City also collaborates with many organizations, such as public service
agencies, Homeless Shelters, and Community Housing Development
Corporations (CHDO's) which playa role in implementing the City's five-year
strategy. The coordination of these organizations rests within the Community
Development Department of the City.
The City also relies on the Regional Coordinators Meetings. These meetings
are attended by all jurisdictions in the County of San Diego and Imperial
County as well as a minimum of one HUD representative. Items discussed
include changing and new regulations applicable to the CDBG, HOME and
ESG grant programs.
5. Improve Public Housing Residential Initiatives:
The Housing Authority of the County of San Diego (HACSD) operates four
conventional public housing developments in Chula Vista, with a totai of 120
units. They are all managed by Terrantino Property Management and were
recently upgraded to meet ADA and Section 504 compliance. These public
housing units include:
. Dorothy Street Manor - 22 low income family units
. Melrose Manor - 24 low income family units
. Town Centre Manor - 59 low income senior/disabled units
. L Street Manor - 16 low income family units
The Housing Authority has formed a Pubiic Housing Resident Association in
order to increase resident awareness and involvement in the enhancement
of their housing environment and operations. There were no needs that
required funding from the City during FY 2006-07, and the agency is not
designated as troubled; thus, no additional funding was given to the
agency.
6. Evaluate and Reduce Lead-Based Paint Hazards
The City of Chuia Vista has a two-tiered approach to the evaluation and
elimination of lead-based paint hazards where the problem has been
determined to be most prevaient. The County of San Diego's lead-based
paint hazard evaluation program, known as the Childhood Lead Poisoning
City of Chula Vista CAPER
FY 2006-07
Page ft~f:rd
Prevention Program (CLPPP), involves outreach, screening, case
management, and pubiic education. The overaillead poisoning program is
administered through the County of San Diego, Department of Health
Services (DHS).
The City also has in place a loan/grant program to assist homeowners
alleviate lead-based paint hazards through the Community Housing
Improvement Program (CHIP); however, the City utiiizes Low and Moderate
Income Housing Funds for this purpose,
As part of the City's First-time Homebuyers Program and Residential
Rehabilitation Program, lead-based paint hazard evaluation and
remediation is incorporated into these programs as foilows:
Owners are provided with information regarding: 1) Sources of LBP, 2)
Hazards and Symptoms, 3) Blood Lead Level Screening, 4) Precautions, 5)
Maintenance and Treatment of LBP Hazards, 6) Tenant and Homebuyer
Responsibilities
Prior to rehabiiitation loan/grant approval, the homeowner read and sign a
copy of information received. In addition, the City's Building and Safety
Department checks for signs of LBP when inspecting for code violations and
physical condition of the properties being assisted, and abatement should
occur based on federal guideiines pertaining to the amount of assistance
given.
The City is interested in applying for the next round of Lead Hazard Protection
grant funds that are available. The Environmental Health Coalition is
supportive of the City's interest in obtaining grant funds.
7. Reducing the Number of Persons Living Below the Poverty Level
The City is continuously exploring options to expand economic and
empioyment opportunities for low to moderate income residents in order to
help aileviate poverty. In addition, the City supports a range of programs
that to address poverty including:
. Technical assistance to develop the job training and skiils
. Public assistance payments
. Social Services such as legal assistance, child care, health care,
transportation, housing, education, and services for the elderly and
disabled who are on fixed incomes.
. Programs that serve the people who are homeless and/or are at-risk of
homelessness
Page 23 of 33
16-31
CAPER
FY 2006-07
City of Chula Vista
8. Ensuring Compliance with Program and Comprehensive Planning
Requirements:
Monitoring for the City of Chula Vista is directed toward programmatic,
financial and regulatory performance. The primary objects are to ensure
that all sub-recipients:
. Comply with pertinent regulations governing their administrative,
financial, programmatic operations;
. Achieve their performance objectives within schedule and budget; and,
. Assess capabilities and/or any potential needs for training or technical
assistance in these areas.
Careful evaluation of the housing and public service delivery system can be
the most effective tool in detecting gaps and making appropriate
modifications. As such, the City of Chula Vista monitors and evaluates its sub-
recipients, CHDO's, and CBDO's as part of the pre-award assessment.
Evaluation of the nature of the activity, proposed plan for carrying out the
activity, the organization's capacity to do the work, and the possibiiity of
potential conflicts of interest are within the pre-award assessment.
After awards have been made Quarterly Progress reports are required of
each sub-recipient, which must be current prior to approval of any request
for reimbursement of expenditures, In addition to the Quarterly Progress
reports, annual monitoring is conducted to ensure compliance with federal
regulations. Agreements made with sub-grantees encourage uniform
reporting to achieve consistent information on beneficiaries. Technical
assistance is provided throughout the year, in addition to the City's annual
Subrecipient training,
Page ~46~g~
CAPER
FY 2006-07
City of Chula Vista
G. Leveraging Resources:
With regard to CDBG funds, the majority of leveraging occurs in the capital
improvement budget and with Redevelopment funds. The availability of
alternative resources to be utilized with CDBG includes Development Impact
Fees, Park Acquisition and Development Fees, Gas Tax, State Department of
Transportation funds, and the General Fund. Chula Vista makes every effort
to leverage resources in the production of affordable housing. The Chula
Vista Housing Authority leverages funds through the Issuance of bonds.
Chula Vista also leverages its resources through inciusionary housing and by
using Low and Moderate Income Housing Funds. Through this leveraging of
resources, the city is able to produce additional units. Matching
requirements are satisfied through carry over of non-HOME resources that
serve as qualifying match. A HOME Match report is provided in Appendix D.
H. Summary of Citizen Comments:
For FY 2006-07, availability of the CAPER for public review and comment was
published on August 24, 2007 in the Star News. The public Review and
Comment period started on August 25,2007 and ended September 25, 2007.
and was available at the Community Development Department. No
comments were received.
I. Self Evaluation:
Overall the City of Chula Vista has made an impact to the community
through the use of CDBG, HOME, and ESG funds. As demonstrated
throughout this report, funds continue to be budgeted at the maximum
allowable for sociai service programs. The City has aiso budgeted CDBG
funds for capita improvement projects. Other projects that have an impact
on the community which continually receive funding include graffiti
eradication (General Fund), senior rehabilitation activities, community
development activities, homeless services, and fair housing activities. City
continues to be a regional leader in the provision of affordable housing.
Funding local based organizations that assist local residents has been a high
priority with the Chuia Vista City Council and this priority continues to be
supported by the community.
Page 25 of 33
16-33
CAPER
FY 2006-07
City of Chula Vista
In January of 2007, the City received HUD's Year Review Letter for the 2005
Program. The letter contained the City's overall performance in the following
categories:
1) Continuum of Care: Acceptable Performance
2) Decent Housing: Improvement Needed
3) Economic Opportunity: Improvement Needed
4) Suitable Living Environment: Acceptable Performance
5) Program Requirements: improvement Needed
In response to the above correspondence, the City has taken the necessary
steps to address those categories which were rated with "Improvement
needed". Most notabie is the CDSG Ciean-up, which was completed in its
entirety within the last year. The City also included a more detailed
description of the City's housing activities.
In April 2007 the HUD Office of Inspector General conducted an extensive
audit of the HOME Program. The audit objective was to determine if the
City's: internal controls and financial management practices were
adequate; if the funded activities were eligible and provided adequate
documentation to support its eligibility; matching funds were eligible and
supported; and, monitoring and housings standards were adequate. The
final audit report concluded that the City administered the HOME program in
accordance with all HUD requirements.
In conclusion, the City of Chula Vista was successful in fulfilling the goals and
objectives outlined In the 2005-2010 Consolidated Plan in its first year of
implementation.
As the City's population increases, the necessary resources will continue to
be targeted for social seNice programs, capital Improvement projects,
economic development projects, community projects, and planning and
administration. The funding sources for these programs will come from a
variety of sources outside of CDSG and HOME. These funds include the
Redevelopment Agency 20% set-aside funds and the General Fund.
Page f%~f:r4
CAPER
FY 2006-07
City of Chula Vista
II. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SPECIFIC REQUIREMENTS
A. Use of CDBG Funds in Relation to Consolidated Plan Priorities, Needs, Goals,
and Objectives:
Refer to Section 1- Generpl Assessment/ A. Assessment of Five-Year Goals
B. Efforts in Implementing the Planned Actions:
For further information on planned actions, refer to Section I - General
Assessment and Subsection H - Self-Evaluation.
C. Compliance with National Objectives:
Under HUD regulations, CDBG-funded activities must meet at least one of the
following three national objectives:
. Activities benefiting low- and moderate-income persons
. Activities which aid in the prevention or elimination of slums or blight
. Activities designed to meet community development needs having a
particular urgency
In Program Year 2006-2007 all of the CDBG-funded activities complied with the
national objective requirements under the benefits to low- and moderate-
income people criteria. Assistance to public service agencies were qualified
under Limited Clientele; all others are qualified under either Low/Mod Area,
Low/Mod Housing, or Low/Mod Jobs. All of these activities were tracked
without using the presumed benefit criteria, with the exception of the family
violence programs and the ADA Curb Cut Program.
D. Displacement and Relocation Activities:
The City has not undertaken any activities that involved acquisition,
rehabilitation, or demolition of occupied property during FY 2006-07. Thus, no
displacement or relocation activities took place.
E. Funding Changes:
During program year 2006/2007, the City made no amendments to the Annual
Action Plan Funding Plan.
F. Certifications of Consistency:
The City of Chula Vista provided one certification of consistency during FY
2006-07 as follows:
o South Bay Community Services: Transitional Housing Services
City of Chula Vista
Page 27 of 33
16-35
CAPER
FY 2006-07
G. Assessment of Efforts Made In Carrying Out Planned Actions
Chula Vista receives CDBG and HOME entitlement funds as highlighted In the
Public and Private Resources Available for Housing and Community
Development Activities. In addition, Chula Vista benefits from the Section 8
voucher program administered by the County of San Diego Department of
Housing and Community Development. Other resources highlighted include
ESG and MCC. Chula Vista participates in the MCC program and twelve
(12) certificates were issued in FY 2006-07. In addition the City received
Emergency Shelter Grant funds totaling $86,993.
H. Economic Development Activities to Create/Retain Jobs:
Unfortunately, during fiscal year 2006-07, the City was still advised by HUD not
to pursue Economic Development Activities. Now that the City's program hs
been cleared, the City may be able to allocate HUD funds for economic
development activities in the future.
I. CDBG Funds Used to Benefit Limited/Low to Moderate Income Clientele:
For FY 2006-07, Chuia Vista provided a number of CDBG funded activities
that benefited Low Mod Clientele. For the Public Services programs,
organizations are required to submit quarterly reporting forms highiighting the
specific activities undertaken to assist LMC households. Additionally, all
capital improvement projects are located in eligible census tracts that
benefit LMC residents in each area served. Chula Vista's eligible census
tracts range from 55 percent to 79 percent low/mod.
J. Program Income:
For FY 2006-07 Chuia Vista did not receive program income.
. No program income was returned to a revolving fund
. No float funded activities occurred
. Program income was not received by sale of property
. No other loan repayments occurred
. No loan write-ofts or adjustments occurred
. No parcels of CDBG acquired property were available for sale
. No lump sum draw down payments were received
City of Chula Vista
Page ~8lf..!3~
CAPER
FY 2006-07
III. HOME PROGRAM SPECIFIC NARRATIVE
A. Distribution of HOME Funds
For FY 2006-07 Chula Vista received S1,027,072 in HOME funds, which were
distributed as follows. Previous years CHDO set-aside funds were committed in
FY 2006-07.
T bl III HOME P d' C t
a e . rogram Fun mg a egones
Category Amount
Administration $93,000
CHDO Set-Aside $140,599
Production of Affordable Housing $263,722
ADDI First-time Homebuyer Program $17,444
Tenant -based Rental Assistance Program $440,000
TOTAL $954,765
B. HOME Program Match Report (HUD 4107-A):
For FY 2006-07, according to the C04PR33 IDIS report, Chula Vista's match
liability totals $385,312. The City currentiy maintains an excess of $28 million in
total match contributions available.
C. Contracting Opportunities for Minority and Women-Owned Business:
When HOME funds are provided for financial assistance of construction, the
non-profit or for-profit developer must advertise that the project is federally-
funded and encourages MBE's to appiy for contract services.
D. Summary of Results of On-site Inspections of HOME Rental Units:
in FY 2006-07, the City entered into an agreement with Affordable Housing
Consultant to inspect all affordable housing units funded with HOME funds.
These units included:
. Brisa del Mar
. Rancho Buena Vista
. Trolley Terrace
The inspection report concluded that all HOME funded units were operating
in compliance with the prescribed federal regulations.
E. Assessment of Effectiveness of Affirmative Marketing Plans:
When HOME funds are provided for financial assistance the non-profit or for-
profit deveioper is required to provide Chula Vista with their affirmative
marketing plan.
Page 29 of 33
16-37
CAPER
FY 2006-07
City of Chuia Vista
Minority Home Ownership: In the past, a difference in rates of
homeownership between minority and white househoids was significant. In
response to the statistics and their implications, increasing minority
homeownership became a priority for the City Of Chula Vista. Effective
marketing strategies ensured that the minority population of the City was
informed of the home ownership opportunities within the City. Within the iast
five years, 75-80"10 of the City's First-Time Homebuyer and Home Improvement
Loan Programs have been minorities. With the continuation of the marketing
strategies in place, the City anticipates continuation of the overwhelming
participation among minorities. Marketing strategies includes advertising in
the local newspapers, placement of housing opportunities in the City's
website as weli as communication via the City's partnering social seNice
agencies. Applying the demographics of the city to potential applicant
demographics, it is estimated that approximately 50 percent of the
applications received will be from Hispanic residents, 4 percent from African
American residents, and 11 percent from Asian residents; thereby potentially
befitting a significant portion of the minority population.
F. Program Income
For FY 2006-07 Chula Vista did not receive HOME program income from loan
payoffs.
G. American DownPayment Initiative (ADDI)
A total of $ 17 A44 of ADD I funds were allocated in conjunction with the City' s
existing First Time Homebuyer Program. ADDI funds assist iower income
families meet the initial down payment and closing costs, which is the most
significant obstacle to home ownership among lower income families. The
City provide an average of $5,000 in assistance to help approximately 11
new home buyers.
Page ~060.!g~
CAPER
FY 2006-07
City of Chura Vista
IV. Emergency Shelter Grant Program (ESG) Specific Narrative
A. Homeless Service Activities &: Accomplishments
The City has ailocated $82,664 of Emergency Shelter Grant (ESG) funds to
South Bay Community Services to provide transitlonai housing services in Chula
Vista. These services are aimed at homeless families, most of them victims of
domestic violence, They strive to develop a comprehensive strength-based
family assessment, after which together they develop a treatment plan so the
clients can work to re-estabiish self-sufficiency and end their homelessness.
Funds are used for operating costs and essential services including child care,
bus vouchers and motei vouchers.
B. Summary of One-Year Accomplishments
During Fiscal Year 2006-2007 a total of 244 Persons were assisted
C. Geographic Allocation of ESG Resources
During FY 2006-07, the activities funded by the ESG program were used to
serve homeless or at risk of becoming homeless youth in the community.
Table IV: ESG Funding Cap Compliance
Budget Category (CAP) $82,644
Essential Services $19,815
Operatina Costs $68,829
Administration of the Grant $4,349
'otal $86,993
D. Matching Resources
The City ESG Grant is small; therefore, it is matched in excess of the required
minimum amount (100%). An approximate ratio of 2:1 is achieved for the
activities supported by Private Party Donations ($96,910), Fees ($15,345), and
other contributions ($66.701).
E. Discharge Coordination Policy
The foilowing summarizes the City of Chula Vista's (in collaboration with
the County of San Diego) activities reiated to formalizing the
implementation of a cohesive protocol of a community-wide Discharge
Coordination and Discharge Policy.
Foster Care: The City of Chuia works with the County of San Diego of San
Diego's Foster Care System discharge planning protocoi includes the
foliowing information and/or steps:
Page 31 of 33
16-39
CAPER
FY 2006-07
City of Chula Vista
. Written information about the youth's dependency case, including
family and placement histories and the whereabouts of any siblings
who are under the jurisdiction of the juvenile court;
. Anticipated date court jurisdiction is expected to be terminated;
. Health plans (if not already covered by Medi-Cal)
. Legal document portfolio that include: Social Security Card, Certified
Birth Certificate, Driver's License and/or DMV identification card,
2copies of parent(s) death certificate(s), proof of citizenship/residence
status.
. Housing plans including referral to transitional housing or assistance in
securing other housing;
. Employment or other financial support plans;
. Educational/vocational plans including financial aid, where
appropriate
. Transitional housing for youth transitioning from the foster care system
operated by South Bay Community Services in Chula Vista.
Health Care: The San Diego County Health and Human Services Agency is
the lead agency that has commissioned a research project to identify
concerns and prepare recommendations for homeiess (and other targeted
populations) exiting local health care systems. The City of Chula Vista is an
integral part of this process.
Mental Health: The Health Care Systems in San Diego County are working
towards formalizing the discharge protocol for low income and no income
individuals. At the present time, homeless persons are eligible for a series of
services through referral on release from inpatient or emergency medical
facilities.
After release, access to service information remains available through the
San Diego Center and the Network of Care Program,
Services include:
. Health insurance Counseling and Advocacy Program (HICAP)
NeedyMeds Program; and
. Mobile Units that provide access to care in remote locations.
The Network of Care Program offers specific information for homeiess
persons, The Center reduces barriers to care by providing information in
seven languages. Resources are updated through the United Way InfoLine
to ensure regular updates.
Corrections: Services and discharge planning for individuals released from
county correctional facilities are found in the Public Information Handbook
City of Chula Vista CAPER
FY 2006-07
Page ~~<:!i8
prepared by the San Diego County Sheriff's Department. Services are
summarized in the SD Sheriff's Heaith & Mental Health Services Discharge
Plan - form J266.
The County Sheriff's Department has designated staff positions as homeless
liaisons, mental health specialists, and an American with Disabilities
Coordinator to assist with individual discharge plans for inmates who have
received health or mental health services while in custody.
The Mental health Psychiatric Security units of the jail (licensed by the State
Dept of Mental Health) operate under the purview of the state level
discharge plan. A multi-disciplinary team working with the homeless provides
discharge plans and case management to ensure continuity of care upon
release.
Page 1'l?.!.41
CAPER
FY 2006-07
City of Chula Vista
SUBMITTED BY:
REVIEWED BY:
DECEMBER 4, 2007, ItemR-
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA
ACKNOWLEDGING THE VOTE OF 3-1-1 IN FAVOR OF
ITEMS 8(A) AND 8(B), CONSIDERED BY THE CITY
COUNCIL OF CHULA VISTA ON NOVEMBER 13, 2007;
AND DIRECTING THE CLERK TO: (1) PROCESS THE
RESOLUTION RELATED TO ACCEPTING THE
DOWNTOWN PARKING MANAGEMENT STUDY;
APPROVING THE DOWNTOWN PARKING INTERIM
ACTION PLAN; AND DIRECTING STAFF TO PREPARE A
DOWNTOWN PARKING MANAGEMENT PLAN; AND,
(2) BRING BACK THE ORDINANCE OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE CHAPTERS 10.56 MODIFYING PARKING METER
RATES AND 10.62 MODIFYING THE OVERTIME
PARKING FINE RATE FOR ITS SECOND READING
CITY ATTORNEY q.p!- iJlV\
CITY MANAGER
ASSISTANT CITY MANAGER
ITEM TITLE:
4/5THS VOTE: YES D NO 0
BACKGROUND
On November 13,2007, the City Council considered Items 8(a) (a resolution accepting
the Downtown Parking Management Study, approving the Downtown Parking Interim
Action Plan, and directing staff to prepare a Downtown Parking Management Plan) and
8(b) (an ordinance to amend Chula Vista Municipal Code, Chapters 10.56 and 10.52,
modifying parking meter rates and modifying the overtime parking fee). Staff made a
presentation, public comment was taken, and City Councilmembers asked questions and
expressed their opinions. Following this, a motion was made to approve and adopt the
resolution and the ordinance with the amended language proposed by Mayor Cox. The
motion was seconded, and a vote was taken. The vote was 3 members in favor, 1
opposed, and 1 member abstaining. The resolution and the ordinance had passed;
however, based on a notation on the City Council Agenda Statement that a 4/5ths vote
was required for the ordinance, the City Clerk and the Councilmembers believed that the
17-1
DECEMBER 4, 2007, Item~
Page 2 00
vote to approve and adopt the ordinance had failed. Acting under this mistaken belief,
when asked about the status of the resolution, the City Manager expressed that without
the funds that would be derived from the enactment of the ordinance, the actions under
the resolution could not be carried out. Based on this statement, the City Clerk did not
process the resolution.
The Agenda Statement indicated that a 4/5ths vote was required to adopt the ordinance,
the City Charter, not the Agenda Statement, is the controlling law on the issue. Section
311 of the Charter of the City of Chula Vista identifies the number of votes required for
the enactment of any ordinance. "Unless a higher vote is required by other provisions of
this Charter, the affirmative votes of at least three members of the City Council shall be
required for the enactment of any ordinance or resolution . . ." In the case of the
Ordinance presented as Item 8(b) on November 13, 2007, the affirmative votes of 3
members of Council, rather than 4, were required to enact the ordinance, pursuant to
Section 311. After researching this issue, no other section of the City Charter or other law
was found that required more than a simple majority vote to pass an ordinance related to
the increase in parking meter rates and overtime parking penalties. The notation on the
Council Agenda statement indicating that a 4/5ths vote was required was in error. Thus,
in short, with the simple majority or 3/5ths vote, the ordinance passed as a matter oflaw.
The purpose of this Report is to acknowledge the 3/5ths vote on November 13,2007, for
Item 8(a), RESOLUTION RELATED TO ACCEPTING THE DOWNTOWN PARKING
MANAGEMENT STUDY; APPROVING THE DOWNTOWN PARKING INTERIM
ACTION PLAN; AND DIRECTING STAFF TO PREPARE A DOWNTOWN
PARKING MANAGEMENT PLAN, and Item 8 (b), an ORDINANCE OF THE CITY
COUNCIL OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTERS 10.56 MODFYING PARKING METER RATES AND 10.62 MODIFYING
THE OVERTIME PARKING FINE RATE, so that the City Clerk may properly record
the outcome of the vote, provide the public with notice of the vote, process the resolution,
and bring back the ordinance for its second reading.
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 the action is reaffirming a previous action taken by Council (See City
Council Agenda Statement, Item 8, November 13, 2007); therefore, pursuant to Section
15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA.
RECOMMENDATION
City Council adopt the Resolution; and
a. Acknowledge that the vote for Item 8(a), a RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE
DOWNTOWN PARKING MANAGEMENT STUDY, APPROVING THE
DOWNTOWN PARKING INTERIM ACTION PLAN, AND DIRECTING
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DECEMBER 4, 2007, Item~
Page 3 of3
STAFF TO PREPARE A DOWNTOWN PARKING MANAGEMENT STUDY;
and Item 8(b), an ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 10.56
MODIFYING PARKING METER RATES AND 10.62 MODIFYING THE
OVERTIME PARKING FINE RATE, which transpired on November 13, 2007,
was 3 members in favor, 1 opposed, and 1 abstaining;
b. Direct the City Clerk record the outcome of the vote, provide the public with
notice of the vote, process the resolution, and bring back the ordinance for its
second reading.
BOARDS/COMMISSION RECOMMENDATION
N/A
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict
exists, in that Councilman Castaneda has property holdings within 500 feet of the
boundaries of the property, which is the subject of this action.
FISCAL IMPACT
There are no financial effects of this action. The financial effects of the prior action, the
amendment of the ordinances related to parking meter rates and overtime fees, were
addressed in the Agenda Statement of November 13, 2007, attached, and will be repeated
here for convenience. The Parking District currently generates enough revenue to pay for
staff time associated with management and enforcement of the District, and the District
will continue to pay for these staff costs.
ATTACHMENTS
1. City Council Agenda Statement, Item 8, November 13,2007
2. Draft Minutes of the City Council meeting of November 13,2007
3. Section 311 (c) of the Charter of the City OfChula Vista
Prepared by: DavidE. Miller. Deputy City Attorney
17-3
ATTAC..:II.....eJ-r l
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
NOVEMBER 13, 2007, Item_
RESOLUTION OF THE CITY COUNCIL OF CHULA
VISTA (a) ACCEPTING THE DOWNTOWN PARKING
MANAGEMENT STUDY; (b) APPROVING THE
DOWNTOWN PARKING DISTRICT INTERIM ACTION
PLAN; AND (c) DIRECTING STAFF TO PREPARE A
DOWNTOWN PARKING MANAGEMENT PLAN
SUBMITTED BY:
REVIEWED BY:
ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTERS 10.56 MODFYING PARKING METER RATES
AND 10.62 MODIFYING THE OVERTIME PARKING FINE
RATE
REDEVELOPMENT MANAGER
CITY MANAGER
ASSISTANT CITY MANAGER
4/STHS VOTE: YES ~ NO D
BACKGROUND
Chula Vista's only parking district was established in 1963 and now provides more than
1,700 public parking spaces through surface parking lots, on street metered spaces, and
one parking structure. Revenue and staffing for the District have fluctuated over the
years and the District's assets are in decline. Parking lots are in need of repairs, meters
are outdated, many are inoperative, and there is inadequate revenue to pay for these
capital improvements due to extremely low meter and parking fine rates. Although the
District has been in place nearly 45 years, the City has never raised meter rates, which are
some of the lowest in San Diego County.
To examine and assess the level and impact of these deficiencies, the City conducted a
comprehensive study of the downtown parking management and operations over the past
nine months. The study provides a foundation for the development of a Downtown
Parking Management Plan. The creation of a long-term Parking Management Plan will
better assist staff and the public in understanding the dynamics of parking as part of a
larger multi-modal transportation system and to address common parking misperceptions,
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NOVEMBER 13, 2007, Item_
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including parking demands and the potential development of certain public parking lots.
Ibis examination process involves three phases:
Phase I
Phase II
Phase III
Preparation of the Parking Management Study
Adoption and Implementation of the Interim Action Plan
Adoption of a Downtown Parking Management Plan
To launch Phase I, a Request for Proposals for the preparation of the Downtown Parking
Management Study (Study) was released in May 2006. A Parking Consultant Selection
Committee comprised of City staff and representatives of the Third Avenue Village
Association (T A V A) was established to set common goals and establish selection criteria.
The Committee jointly selected Rich and Associates (RICH), an experienced parking
study consultant, to prepare the Downtown Parking Management Study.
The four primary objectives of the Downtown Parking Management Study are to:
. Analyze the current and future parking needs and review the current parking
system policies and procedures;
. Formulate recommendations for addressing parking needs, including parking
management, shared use opportunities and transportation modality;
. Provide data necessary for developing a Parking Management Plan that efficiently
and effectively utilizes parking resources in a growing community where land
values are at a premium; and
. Provide education and information to the public about public parking, including
the cost of providing and maintaining parking.
The Study began in December 2006 with the first of a series of four community meetings,
fieldwork and data collection. The consultant also conducted stakeholder interviews,
employee questionnaires, and additional fieldwork that resulted in the RICH Downtown
Parking Management Study Final Report (Phase I).
The purpose of this staff report is to present RICH's Downtown Parking Management
Study Final Report and propose an Interim Action Plan (Phase II) for review and
consideration. The approval of certain actions within the Interim Action Plan, including
formation of a parking committee and appointing a Parking Administrator will further the
process of developing the [mal phase of this process, which is proposing the Downtown
Parking Management Plan.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity, for
compliance with the Califomia Environmental Quality Act (CEQA) and has determined
that the activity (acceptance of the Downtown Parking Management Study; approval of
the Downtown Parking District Interim Action Plan and direction to staff to prepare a
Downtown Parking Management Plan) is not a "Project" as defined under Section 15378
of the State CEQA Guidelines; therefore, pursuant to Section 15060 (c)(3) of the State
CEQA Guidelines the activity is not subject to CEQA. Although environmental review is
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NOVEMBER 13, 2007, Item_
Page 3 of 11
not necessary for this activity, once the action to implement the Interim Action Plan have
been defined, environmental review may be required and a CEQA determination
completed prior to commencing any projects.
RECOMMENDATION
Staff recommends that the Chula Vista City COWlciI approve a Resolution:
a. Accepting the Downtown Parking Management Study;
b. Approving the Downtown Parking District Interim Action Plan; and
c. Directing staff to prepare a Downtown Parking Management Plan.
Staff also recommends that the Chula Vista City COWlcil approve an Ordinance
amending Chula Vista Municipal Code Chapters 10.56 modifying parking meter rates
and 10.62 modifying the overtime parking fine rate.
BOARDS/COMMISSION RECOMMENDATION
The Downtown Parking Study and the Downtown Parking District Interim Action Plan
were presented to the Redevelopment Advisory Committee as informational items on
February 1,2007, and September 6, 2007, respectively.
The Chula Vista Redevelopment Corporation reviewed the Downtown Parking Study
beginning with the selection of the consultant on October 26, 2006, followed by an
update on January 11, 2007, presenting the Scope of Work, summarizing the results of
the first community meeting and providing a draft of the Frequently Asked Questions
document prepared by staff. On August 9, 2007, the CVRC received an informational
update on the major findings of the Downtown Parking Management Study and the
proposed Interim Action Plan. This was followed by a Wlanimous recommendation on
September 26, 2007, by the CYRC, to approve the Interim Action Plan and direct staff
to prepare the Downtown Parking Management Plan.
DISCUSSION
Parking is an integral part of local efforts to improve the viability of downtown Chula
Vista and is part of a transportation system that includes multi-modal opportunities,
such as bicycling, public transit, and walking. Providing convenient access for
employees, residents, shoppers and visitors requires supplying more than just parking
spaces. It requires an effectively managed system that addresses the parking supply,
operation and demand for parking.
This staff report will include the following information:
. History of the Downtown Parking District
. Description of the Parking Study process
. Proposed Downtown Parking District Interim Action Plan
. Fiscal Impact Analysis
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NOVEMBER 13, 2007, Item_
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PARKING DISTRICT mSTORY
In 1963, in response to a citizen-initiated petition and pursuant to the provisions of the
Parking District Law of 1951 (Part 4, Division 18, of the Streets and Highways Code of
the State of California), the City Council created Parking District No. I. As part of that
action, the Council agreed to install and maintain parking meters on certain streets and
parking lots within the District from revenue generated through meter fees and parking
fines. Certain City-owned parcels within the District were designated as public parking
(Ordinance 829) and non-City-owned land was authorized for purchase as public parking
(Ordinance 847).
To provide parking within the District, the City Council, via Resolution 3115, committed
to issue a bond in the sum of $360,000 for land acquisition and improvements. This
bond, however, was not issued. Instead the City Council approved an as-needed
allocation not-to-exceed $320,000 from the General Fund to be used as seed money for
the District.
In July 1963, the City Council also established the Parking District Commission
(Resolution 3164). On September 24, 1985, Chula Vista Municipal Code Chapter 2.40
was repealed to merge the Parking Commission with the Town Centre Project Area
Committee (TCPAC) (Ordinance 2129). The TCPAC continued to act in this capacity
until it was formally dissolved on October 26, 2006. No new Parking District
Commission was established after dissolution of the TCPAC.
In 1980, the City Council adopted the in-lieu parking fee policy to relieve developers
from having to provide on-site parking in cases where doing so would render the project
economically infeasible. The in-lieu parking fee is only available in Sub-area I of the
Town Centre I Redevelopment Project Area, which has slightly different boundaries than
parking District No. I (Attachment I). The in-lieu parking fee payments, including
interest, resulted in total available funds of approximately $510,000. These funds were
used to purchase additional land for public parking and to make improvements to existing
public parking lots. In 1987, for the purpose of modifYing the in-lieu parking fee, the
City Council approved an increase in the fair market value of land from $16 per square
foot to $20 per square foot and authorized staff to adjust the fair market value figures on
an annual basis. However, the fee has not been adjusted since 1987 and no in-lieu parking
fees have been received since 1999 due to a lack of new development.
Most of the District's 1,700+ parking spaces were constructed for public use by the early
1990's. To accomplish this, the City and Redevelopment Agency expended nearly $1.2
million for land acquisition, improvements and maintenance of public parking.
The table below provides a brief summary" of the publicly controlled parking supply in
the Downtown Parking District, including parking lots and on-street metered spaces.
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NOVEMBER 13, 2007, Item_
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Public Location Number of
Parkin!! Parking Spaces
Lot #1 E Street and Landis South 14
Lot #2 North Landis and Davidson 75
Lot #3 South Landis and Davidson 118
Lot #4 Park Plaza 633
Lot #5 Church and Madrona South 44
Lot #6 Church and Madrona North 27
Lot #7 Center Street 70
Lot #8 Church and Del Mar 54
Lot #9 Church and Davidson South 30
Lot # 10 Church and Davidson North 34
Lot #11 E Street and Church 30
On-Street District 600
TOTAL 1729
DOWNTOWN PARKING MANAGEMENT STUDY (PHASE I)
To assist downtown business owners, residents, staff and decision makers in
understanding the current dynamics of the downtown parking area, the Study addresses
parking in the context of creating a vital and vibrant downtown. Using an analysis of
current parking conditions, input from stakeholders, and an assessment of issues and
conditions specific to downtown Chula Vista, the Study provides recommendations and
guidance for changes to parking policies, operations, and management.
The findings of the Study have provided valuable information to City staff and the public
about the necessity of creating a more efficient and organized management system as part
of a fully functioning and effective parking system. The following approach and related
tasks were used by RICH to complete the four primary objectives of: analyzing the
current and future parking needs, providing recommendations for addressing parking
needs, providing data necessary for developing a parking management plan that
efficiently and effectively utilizes parking resources, and providing education and
information to the public:
I. Parking Demand Analysis: RICH quantified and qualified the parking needs in
the study area through field research and data collection, resulting in parking
projections that analyze the current demand, fUture demand, and projects fUture parking
needs for a period covering current to 10 years in the future. This culminated in a
Findings Report that provides preliminary field research findings and analysis of the
parking system.
The major components of the fieldwork occurred during December 2006 when the
consultant conducted two days of weekday turnover and occupancy counts in the Study
Area. The counts were conducted from 9 am to 7 pm. Turnover is defmed as the number
of vehicles that occupy a parking space in a particular period of time and is important
because it is an indicator of whether or not the space is occupied by employees or
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NOVEMBER 13, 2007, Item_
Page 6 of 11
customers. The consultant determined that Chula Vista has a low turnover rate of 2.3
compared to the average of most downtowns of 4. This could indicate that employees
and not enough customers are using the available parking. Occupancy is the length of
time that the parking space is occupied by a vehicle and is an important measurement
because it helps defme how parking demand fluctuates throughout the day. Within the
Study Area, the consultant concluded that the average occupancy is 57 percent, which
translates into 43 percent of parking spaces unoccupied at any given time of the day.
In February 2007, the consultant also conducted a permit occupancy survey in each of the
ten public parking lots with ten-hour meters. Ten-hour meters are the only areas where
permit holders are allowed to park. The results showed that the average occupancy of all
ten-hour spaces was 79 percent, with 29 percent of these being permit holders. However,
lots #9 and #10 during certain points of the day, had 100 percent occupancy, and in Lot
#10, 80 percent of the occupants were permit holders. This data is important because it
demonstrates how the location of permit parking can impact the availability of parking
for customers.
At the March 2007 community meeting, several business owners expressed concern
regarding the results of the turnover and occupancy figures. They indicated that since
December is generally the slowest time of year for downtown retail, the fmdings would
be lower than normal and therefore inaccurate. To address this concern, RICH conducted
a one-day limited occupancy count in March. The data collected in March supported the
December fmdings.
.
Based on the data collected, some of the significant findings of the field work were:
.
The District is not functioning at its highest capacity and requires more cohesive
management and attention.
There is not enough revenue being generated to keep up with necessary
maintenance and repairs.
Overall the Study Area has more parking than currently needed.
On average 43 percent of the available spaces are unoccupied.
An average of 15 percent of the vehicles observed stayed longer than the 2-hour
time limit, and many of these vehicles were not ticketed due to lack of
enforcement.
The Park Plaza Parking Structure is severely underutilized with average
occupancy of only 34 percent.
RICH calculated a parking generation rate of2.37 spaces per 1,000 sf for all land
uses, which is in line with the UCSP rate of 2.0 spaces per 1,000 sf.
The study concluded that Lot #3 is not suitable for development due to high
occupancy rates and its strategic location within the District. The Consultant
determined that development of Lot #6 would have minimal impact on parking
availability.
.
.
.
.
.
.
.
II. Community Participation and Education: RICH conducted seven community
meetings, one presentation to the Chula Vista Redevelopment Agency, and
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NOVEMBER 13,2007, Item_
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Owner/Manager Interviews and Employee Surveys with local businesses and downtown
employees. The Consultants' primary goals were to provide iriformation to staff,
stakeholders and the community on the effects of not properly managing parking, the
current and potential parking conditions in downtown Chula Vista, the importance of
enforcement, and the potential future costs of parking.
The process of preparing the Downtown Parking Management Study presented an
important opportunity to further the City's goal of establishing an open and collaborative
dialogue with community members and organizations. A significant amount of outreach
was conducted to ensure that every interested member of the community had the
opportunity to provide input and be apprised of the work that the City was pursuing.
A series of community meetings were held at Community Congregational Church. Both
morning and evening workshops were held to ensure the greatest opportunity for input
and participation by both the business and residential community. In addition to
participating in the community meetings, staff made presentations to several local
organizations including the Third Avenue Village Association, Chula Vista Chamber of
Commerce, Northwest Civic Association and Walk San Diego. More than 100 businesses
owners, tenants, residents, and community stakeholders actively participated and
provided valuable input, insight and comment throughout the process.
A brief summary of the purpose and focus for each community meeting is provided
below:
December 12,2006
The focus of the first community meeting was for the Consultant and staff to solicit input
about the management and operations of the Downtown Parking District. This dialogue
included a discussion about the goals and parameters of the Parking Study, Agency
development proposals, the Urban Core Specific Plan, downtown parking, in-lieu parking
fees, the maintenance of parking lots and comments about other influential factors such
as the types of businesses locating in the downtown.
February 15, 2007
This meeting was an educational presentation about the parking principles the Study
would apply in its review and assessment with a description of how the parking data
would be utilized to develop findings and recommendations.
March 8, 2007
The findings presented to the community were largely based upon the fieldwork
conducted in December 2006, which determined that overall there is a surplus of parking
within the study area and that peak occupancy occurs during daytime hours. The overall
average occupancy for the Study Area is 57 percent. RICH was also able to confirm,
through their review of City documents, that revenue from meter funds and the in-lieu
parking fee was spent on parking related activities within the District. All of the findings
provided an important basis for understanding the recommendations that would be
presented to the community in April.
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NOVEMBER 13,2007, Item_
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April 12. 2007
At this meeting draft recommendations were introduced to the public. Certain assets,
such as the Park Plaza Parking Structure and the many paseos leading from the alleyways
to Third Avenue were identified as seriously underutilized assets. There were also a
number of recommendations presented to address the lack of organizational structure for
the management of parking. Several deficiencies were identified including a lack of
revenue to make needed improvements due to a combination of low meter rates, low
parking fines and significant overhead costs.
Julv 26. 2007
The purpose of this meeting was to present the Draft Downtown Parking District Interim
Action Plan to the public, solicit input and feedback and engage in dialogue about the
proposed process. Overall, the group supported meter rate increases but not increases to
the expired meter fine or the permit fee. However, the group expressed concern that
enforcement activity was not consistent.
Julv 3 L 2007
This community meeting was organized and requested by downtown businesses, not
T AVA. Staff presented the Draft Interim Action Plan and answered questions from
attendees. Overall, there was support for meter increases, but like the previous
community meeting; businesses are not in favor of increasing the expired meter fme or
the permit fee. There was support for increasing other fines, but the business owners felt
that an increased expired meter fme would be a disincentive to customers and visitors.
Community Meeting Summary
The dialogue with meeting participants and business organizations has been invaluable in
understanding the concerns of stakeholders and the issues that must be addressed within
the Downtown Parking Management Plan (parking Plan). The success of the Parking
Plan is dependent on not just dialogue with the community but active listening and an
earnest effort to find solutions that benefit the customers, visitors, businesses, residents
and community in our joint efforts to revitalize our downtown.
III. Final Report: RICH developed near-term, mid-term and long-term improvement
recommendations, which consider and address how to improve the perception of parking,
increase the parking supply through improved efficiency, parking generation rates,
parking system space allocation, review of parking policies, analysis of existing parking
lots, parking system management and operations improvements, and parking mitigation
strategies and implementation.
The Downtown Parking Management Study Final Report (Attachment I) prepared by
RICH, incorporates overall management goals and considers the best practices of other
cities and the parking industry. These goals include staffing required to develop and
operate an effective parking management program and parking enforcement
enhancements. As part of developing a comprehensive parking program, the Study also
considers and makes recommendations regarding parking operations, facilities, and
current and future demand. For a complete listing of fmdings, recommendations,
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NOVEMBER 13, 2007, ltem_
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implementation time frames and financial impacts, please refer to the Downtown Parking
District Recommendation Summary (Attachment 2).
A significant conclusion of the Study is that ineffective management and lack of policies
to address parking issues has hindered the District's ability to generate sufficient revenue
to be self-sufficient. The following are key recommendations from the RICH report:
.
Meter and parking fine rates need to be increased to generate adequate revenue
for necessary capital improvements, such as the replacement of parking meters.
One City staff person needs to be designated as Parking Administrator to
coordinate parking functions and interface with the community.
Parking enforcement needs to be consistent to be effective.
Revenue generated within the District should remain with the District, as it does
now, and be utilized for capital improvements.
.
.
.
These recommendations are the basis for staffs proposed Downtown Parking District
Interim Action Plan (Attachment 3) and future development of the Downtown Parking
Management Plan.
DOWNTOWN PARKING DISTRICT INTERIM ACTION PLAN (PHASE II)
The Downtown Parking District Interim Action Plan primarily focuses on changes to
management and operations, addressing significant functional changes that will provide
opportunities for revenue generation to finance future improvements within the
Downtown Parking District. Since the emphasis of the Interim Action Plan is to address
management and increase revenue, most of the actions contained within the Action Plan
carry minimal fmancial impact to the City. There are near term capital improvements that
will require a significant financial expenditure, but until the District has an opportunity
to increase its revenue, there are no funds for these improvements. These future
improvements will be identified in the Management Plan (Phase III).
The complete Interim Action Plan is attached with the most significant of the
recommendations described below:
:>> Continue to dedicate all revenue generated in the Parking District for parking
improvements within the District.
:>> Appoint an Interim Parking Administrator, from existing City staff, dedicated
to overseeing and managing parking operations.
:>> Form a Downtown Parking Advisory Committee to advise the City Council
on the development and implementation of a Downtown Parking Management
Plan and review ongoing operations.
:>> Purchase new individual meters for on-street parking spaces and replace
individual meters with multi-space machines in public parking lots.
:>> Increase the expired/overtime meter fme from $12 to $25.
:>> Increase parking meter rates as follows:
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NOVEMBER 13,2007, Item_
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Time Limit Current Rate Proposed Rate
On-street 30 minute meter $0.25 oer 30 minutes $0.25 oer 30 minutes
On-street 2 and 3 hour meter $0.10 oer 20 minutes $0.25 oer 30 minutes
$0.25 per 50 minutes $0.50 oer 60 minutes
Off-street 4 hour meter $0.05 per 30 minutes $0.25 oer 30 minutes
$0.10 per 60 minutes $0.50 oer 60 minutes
Off-street 10 hour meter $0.10 per 60 minutes $0.25 oer 60 minutes
All the recommendations suggested in the Interim Action Plan are essential in providing
a dedicated management structure for oversight of the District and in generating
additional revenue for improvements within the District. The implementation of the
Action Plan is the second critical component in the City realizing an effective and
fimctioning Downtown Parking District.
DOWNTOWN PARKING DISTRICT MANAGEMENT PLAN (PHASE Ill)
The fmal component of addressing the District's needs will be the preparation of a
comprehensive management and implementation plan. The goals of the plan are to
address existing deficiencies, identify necessary capital improvements and provide short
and long-term strategies to promote the self-sufficiency of the District. The Management
Plan will provide strategies that build upon the foundational changes to the management
and operations of the District with the approval of the Interim Action Plan. Those
strategies will address the following:
. Marketing and Signage
. Parking Policies
. Maintenance Program
· Technology
. Parking Allocation
. Park Plaza Parking Structure
. Bicycle Parking
The Management Plan will include recommendations to upgrade and/or implement new
enhancements to the District ranging in cost from $550,000 to $1,000,000, depending
upon the extent of the improvements. These projected costs include new tools for
enforcement, more enforcement staff, new equipment and use of technology, marketing,
signage, improvements to paseos, and installation of new equipment to encourage
bicycling in the downtown area.
Staff will work with the Parking Advisory Committee (Interim Action #5) in the
preparation of the Management Plan. It is expected that this Plan will be presented to the
City Council for consideration in the Spring of 2008.
CONCLUSION
The completion of the Downtown Parking District Management Study is a significant
milestone in the City's efforts to revitalize and rejuvenate the downtown area and has
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NOVEMBER 13, 2007, Item_
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helped initiate collaborative efforts between local commerce, business organizations,
community members and the City. Understanding how parking impacts businesses and
potential development is crucial to developing a clear and achievable plan that addresses
both management and operations of the District. Parking is an important component of a
thriving transportation system that includes many modes of transportation such as
walking, bicycling and public transit and should be addressed as a component of this
system envisioned for Chula Vista. Realizing a District that is effectively managed,
generates revenue for capital improvements and maintenance, and successfully provides
convenient and reasonable parking opportunities for customers, visitors and employees
are the eventual objectives of this process.
The approval and implementation of the Downtown Parking District Interim Action Plan
provides the first opportunity to create significant changes in the District by addressing
outdated parking practices and inefficiencies. This lays the groundwork for a
comprehensive Downtown Parking District Management Plan that will outline additional
actions necessary for achieving an efficient parking system.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict
exists, in that Councilman Castaneda has property holdings within 500 feet of the
boundaries of the property which is the subject of this action.
FISCAL IMPACT
The Parking District currently generates enough revenue to pay for staff time associated
with management and enforcement of the District, and the District will continue to pay
for these staff costs.
ATTACHMENTS
1. Downtown Parking Management Study Final Report
2. Downtown Parking District Recommendation Summary
3. Downtown Parking District Interim Action Plan
Prepared by: Diem Do, Senior Community Development Specialist, Community Development
17-14
ATTACHMENI :2.
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 13, 2007
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor
Cox
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow, and
Senior Deputy City Clerk Peoples
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
CONSENT CALENDAR
(Items I through 6)
I. WRITTEN COMMUNICATIONS
Letter of resignation from Manny Ramirez, member of the International Friendship
Commission effective November 16, 2007.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with Maddy Act requirements.
Mr. Ramirez thanked the Council for their appointment of him to the International Friendship
Commission as well as those whom he had worked closely with over the years. He stated he was
moving to Cebu City, one ofChula Vista's Sister Cities, for two years and welcomed the Council
to come visit him there.
Councilmembers McCann and Ramirez thanked him for his years of service as the "official
Chula Vista photographer" at civic events and for his volunteerism in many community
activities.
2. ORDINANCE NO. 3086 - ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 2.52 OF THE CHULA VISTA MUNICIPAL CODE
REGARDING CAMPAIGN CONTRIBUTIONS (SECOND READING AND
ADOPTION)
Adoption of the ordinance incorporates changes requested by the Council, which include
revisions to correct prior ambiguities and clarify the intent of the ordinance. The
ordinance was first introduced on November 6, 2007. (City Attorney)
Staff recommendation: Council adopt the ordinance.
17-15
DRAFT
3. RESOLUTION NO. 2007-265 - RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND AWARDING A
CONTRACT FOR THE (LB-139) CIVIC CENTER LIBRARY FLOORING
IMPROVEMENTS PROJECT TO VILLAGE CARPETS
Adoption of the resolution accepts the informal bids and awards a contract for the Civic
Center Library improvements to Village Carpets. (Engineering and General Services
Director)
.
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2007-266 - RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REJECTING BIDS FOR OTAY PARK RECREATION
CENTER EXPANSION (CIP NO. PR-277) AND DIRECTING STAFF TO RE-
ADVERTISE THE PROJECT
On August 22, 2007, the Engineering and General Services Director received six (6)
sealed bids for the project. Due to the contractors being non-responsive and. with advise
from the City Attorney's Office, staff recommends all bids be rejected and the project be
re-advertised for new bids. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2007-267 - RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE "TRAFFIC CALMING IMPROVEMENTS NAPLES STREET BY
HARBORSIDE ELEMENTARY SCHOOL (TF-347)" PROJECT TO LEKOS
ELECTRIC, INC. IN THE AMOUNT OF $80,640, AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT
On September 26, 2007, the City Engineer received sealed bids for the project. The work
proposed, aims to improve pedestrian safety at the mid-block crossing in front of
Harborside Elementary and at the trolley track crossing west of the school, as well as
slow down traffic traveling along Naples Street. (Engineering and General Services
Director) .
Staff recommendation: Council adopt the resolution.
6.A. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 15.06,
ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES, TO
THE CHULA VISTA MUNICIPAL CODE (FIRST READING)
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
BUILDING CODE, 2007 EDITION (FIRST READING)
Page 2 - Council Minutes
17-16
November 13,2007
DRAFT
C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
REFERENCED STANDARDS CODE, 2007 EDITION (FIRST READING)
D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
MECHANICAL CODE, 2007 EDITION (FIRST READING)
E. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
ELECTRICAL CODE, 2007 EDITION (FIRST READING)
F. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA
PLUMBING CODE, 2007 EDITION (FIRST READING)
G. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF
THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE
CODE, 2007 EDITION (FIRST READING)
The State mandated local jurisdictions to start enforcing the various 2007 Editions of the
California building codes on January 1,2008. Local adoption is a routine action taken by
the City to incorporate local amendments. The ordinances adopt the various 2007
Editions of the California building codes, their administrative provisions and local
amendments. (Planning and Building Director)
Staff recommendation: Council hold first reading of the ordinances.
ACTION:
Deputy Mayor Rindone moved to approve staff's recommendations and offered
the Consent Calendar, headings read, texts waived. Councilrnember McCann
seconded the motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Emerald Randolph, Director of CAST, the Chula Vista Fire Department's Citizen's Adversity
Support Team, stated she and her volunteers had worked very closely with Chief Perry over the
years and that he was one of the most genuine people she has ever worked for. She further stated
that the CAST team had "CAST" a vote of support for the Chief, for all of the great things he
had done for the City.
PUBLIC HEARINGS
Mayor Cox stated that Public Hearing Item 7 had been cancelled.
Page 3 - Council Minutes
17-17
November 13, 2007
DRAFT
7.
CONSIDERATION OF BAYVISTA
(COMMERCIAL/RESIDENTIAL) PROJECT
WALK
MIXED-USE
Olson Urban Housing, LLC (Applicant) has submitted applications requesting a zone
change, precise plan, conditional use permit, design review, and a tentative map for
development ofa mixed-use project with 154 residential units and 5,000 to 10,000 square
feet of commercial uses on a 4.89-acre site located at 765-795 Palomar Street, between
Industrial Boulevard and Frontage Road in Southwest Chula Vista. The site has been
vacant for several years and was used as a temporary site for the sale of pumpkins and
Christmas Trees. (Planning and Building Director)
Staff recommendation: Council cancel the public hearing.
ACTION ITEMS
Councilmember Castaneda stated that his residence was within the study area and he therefore
would recuse himself from participation on the matter. He then left the Council Chambers.
8. CONSIDERATION OF ACCEPTANCE AND APPROVAL OF THE DOWNTOWN
PARKING STUDY FINAL REPORT AND INTERIM ACTION PLAN AND
ESTABLISHING NEW PARKING METER RATES AND AN OVERTIME PARKING
FINE RATE
Staff will present the significant findings and recommendations for improvements to the
Downtown Parking District and the proposed Parking District Interim Action Plan.
(Redevelopment Agency Executive Director)
Senior Community Development Specialist Do presented the staff report and responded to
questions of the Council.
Mayor Cox confirmed that the proposed increases would be put into the parking fund in order to
make the necessary repairs and equipment upgrades, and that the proposed parking plan had the
support of the business community. She then expressed her only concern being with Item 11 of
the Interim Action Plan pertaining to Exclusive Negotiating Agreements, and whether or not the
turning of a public parking lot into a community or residential development made sense. She
then stated she was prepared to support a motion if Item 11 truly meant maintaining Lots 3 and 6
as public parking.
Deputy Mayor Rindone requested and received clarification that the recently increased parking
fees in San Diego were significantly higher than what was being proposed for Chula Vista; that
the new meter technology being looked at would include the accommodation of credit cards,
coins and smart cards in parking lots, and coins and perhaps smart cards in other areas; and that
the recent expansion of LaBella's allowed for an in-lieu fee which was currently being
negotiated. Deputy Mayor Rindone requested a report back on the LaBella's in-lieu fee within
45 days. He also requested staff review the potential for the removal of parking meters as an
option, along with escalating fines for repeat offenders, and inclusion of the Property Based
Improvement District (PBID).
Page 4 . Council Minutes
17-18
November 13, 2007
DRAFT
Councilmember Ramirez requested consideration by his colleagues of language in the ordinance
that would that would make the parking district self-sufficient; and requested and received
clarification that the revenue generated in the district would be spent within the district; that staff
would be reviewing the possibility of metering the Park Plaza parking structure, and taking. a
proactive approach in the neighborhoods who may be impacted by overflow parking, to make
them aware that they have an opportunity to request residential parking permits.
Mayor Cox inquired and Senior Community Development Specialist Do responded, that the
Third Avenue Village Association had appointed block captains to work with staff on ways to
implement the parking strategy, which would include encouraging employees to park in other
locations including the Park Plaza parking structure, and confirmed that the success of funding
the plans and improvements to parking lots and meters was dependent on implementation of the
fees recommended. Mayor Cox then suggested that the fifth whereas in the ordinance be
amended to include "and to approach economic self sufficiency within the downtown district"
would get close to what Councilmember Ramirez was suggesting. Deputy City Attorney Miller
stated the proposed additional wording would be sufficient to accomplish what Councilmember
Ramirez was requesting.
Councilmember McCann inquired as to whether the revenues generated by the parking district
could be used for other things. Deputy City Attorney Miller stated that in-lieu fees would be
restricted and could only be spent for the purpose for which they were collected. City Attorney
Moore stated she would have to research the use of other fees collected and what they could be
used for. Councilmember McCann then inquired and Senior Community Development
Specialist Do responded that all fees previously received had been tracked and confirmed that
they were expended only on parking related activities. Councilmember McCann expressed his
opinion that everything comes down to managing the City assets and getting a return on the
investment. Further, that he wanted to invigorate and have a vibrant Third Avenue; thought the
meters on Third Avenue should be eliminated and replaced with 2 hour parking limits; that the
proposal did not think outside of the box, and that the policy should go a different direction. He
then suggested putting out an RFP to ACE and other professional parking management
companies to see what they would come up with by looking at the bigger picture and providing
better opportunities, including consideration of the possible sale of the parking lots turning them
from a liability into an asset and creating an increase in revenue from tax increment that would
not have to pay for maintenance.
Greg Mattson, President of the Third Avenue Village Association, spoke in support of staffs
recommendations.
Deputy Mayor Rindone asked staff to review the idea of removing the meters on Third Avenue.
Lisa Cohen, Chief Executive Officer of the Chula Vista Chamber of Commerce, stated her board
supported the recommendations, although they had not yet taken a formal vote.
ACTION:
Deputy Mayor Rindone moved adoption of the resolution and placement on first
reading of the ordinance, heading read, text waived, with clarification that the
ENA's were specifically with reference to Lots 3 and 6, and the ordinance as
amended to include the language proposed by the Mayor regarding self-
sufficiency:
Page 5 - Council Minutes
17-19
November 13, 2007
DRAFT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE DOWNTOWN PARKING MANAGEMENT
STUDY; APPROVING THE DOWNTOWN PARKING INTERIM
ACTION PLAN; AND DIRECTING STAFF TO PREPARE A
DOWNTOWN PARKING MANAGEMENT PLAN
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTERS 10.56 AND 10.62 OF THE CHULA VISTA MUNICIPAL
CODE, RELATED TO PARKING METER RATES AND OVERTIME
PARKING FINES (4/5THS VOTE REQUIRED) (FIRST READING)
Mayor Cox seconded the motion. The resolution passed and the ordinance failed
3-1-1 with Councilmember McCann voting no, and Councilmember Castaneda
abstaining. Due to the ordinance failing, the City Manager stated the resolution
would not be enacted.
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
City Manager Garcia spoke regarding a memorandum Council had received regarding support
requested by the City of San Diego for their latest decision to pursue a renewed waiver of
Secondary Treatment from the Environmental Protection Agency. A draft letter to be sent by the
Mayor in support of their decision as requested of each of the IS members of their wastewater
treatment consortium had been included, and Council did not express any opposition to the
Mayor sending a letter of support.
10. MAYOR'S REPORTS
Mayor Cox asked that the City Clerk's evaluation be placed on the December 4th agenda, as she
was taking the Golden Handshake and this would provide for an opportunity to speak with her.
II. COUNCIL COMMENTS
Councilmember McCann thanked the VFW, the American Legion and the Fleet Reserve
Association for putting on the Annual Veteran's Celebration, which he attended this past
Sunday.
Deputy Mayor Rindone also congratulated the Veteran's organizations for their efforts in
honoring all of the fallen soldiers, those who had given the greatest sacrifice so all of us could
enjoy the wonderful freedoms we have.
CLOSED SESSION
Mayor Cox convened Closed Session at 7:42 p.m.
Page 6 - Council Minutes
17-20
November 13,2007
DRAFT
12. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
. Agency designated representatives: Management Team
. Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups
No reportable action was taken.
13. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. two cases
No reportable action was taken.
14. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. one case
This item was not discussed.
15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Christian Morales v. City ofChula Vista. et al. United States District Court, Case No.
07CVOl86JM (WMc);
No reportable action was taken.
Concerned Citizens ofChula Vista v. Kimco Realty, et al. San Diego Superior Court
Case No. GIC 862773;
No reportable action was taken.
Jack Gechter v. Citv ofChula Vista, San Diego Superior Court Case No. GIS22609
No reportable action was taken.
ADJOURNMENT
At 8:54 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of December 4,2007 at
4:00 p.m. in the Council Chambers. The Regular Meeting of November 20, 2007 has been
cancelled.
Lori Anne Peoples, MMC, Senior Deputy City Clerk
Page 7 - Council Minutes
17-21
November 13, 2007
A \Tl\L\-\ KEW.. "3
Section 309 (continued)
regular meeting, the City Clerk may declare the same adjourned to
a stated day and hour. Notice of a meeting adjourned by less than
a quorum or by the Clerk shall be given by the Clerk or may be
waived by consent in the same manner as specified in this Charter
for the giving or waiving of notice of special meetings of the
City Council but need not specify the matters to be acted upon.
Sec. 310.
Citizen Participation.
All
counsel,
Council,
affairs.
citizens shall have the right
to present grievances at any
or offer suggestions for the
personally, or through
regular meeting of the
betterment of municipal
Sec. 311.
Adoption of Ordinances and Resolutions.
(a) Generally. With the sole exception of ordinances which
take effect upon adoption referred to in this article, no
ordinance shall be adopted by the City Council on the day of
introduction, nor within five days thereafter, nor at any time
other than at a regular or adjourned regular meeting. At the time
of adoption of an ordinance or resolution, it shall be read in
full, unless after the reading of the title thereof, the further
reading thereof is waived by unanimous consent of the
Councilmembers present. In the event that any ordinance is
al tered after its introduction, the same shall not be finally
adopted except at a regular or adjourned regular meeting, held
not less than five days after the date upon which such ordinance
was so altered. The correction of typographical or clerical
errors shall not constitute the making of an alteration wi thin
the meaning of the foregoing sentence.
(b) For Payment of Money. A resolution or order for the
I payment of money shall be adopted or made only at a regular or
adjourned regular meeting.
(c) Votes Required Execution and Attestation. Unless a
higher vote is required by other provisions of this Charter, the
affirmative votes of at least three members of the City Council
shall be required for the enactment of any ordinance or
resolution, or for the making or approving of any order for the
payment of money. All ordinances and resolutions shall be signed
by the Mayor and attested by the City Clerk.
17-22
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA
ACKNOWLEDGING THE VOTE OF 3-1-1 IN FAVOR OF ITEMS
8(A) AND 8(B), CONSIDERED BY THE CITY COUNCIL OF
CHULA VISTA ON NOVEMBER 13, 2007; AND DIRECTING
THE CLERK TO: (1) PROCESS THE RESOLUTION RELATED
TO ACCEPTING THE DOWNTOWN PARKING MANAGEMENT
STUDY; APPROVING THE DOWNTOWN PARKING INTERIM
ACTION PLAN; AND DIRECTING STAFF TO PREPARE A
DOWNTOWN PARKING MANAGEMENT PLAN; AND,
(2) BRING BACK THE ORDINANCE OF THE CITY OF CHULA
VISTA AMENDING CHULA VISTA MUNICIPAL CODE
CHAPTERS 10.56 MODIFYING PARKING METER RATES AND
10.62 MODIFYING THE OVERTIME PARKING FINE RATE FOR
ITS SECOND READING
WHEREAS, on November 13, 2007, the City Council considered Items 8(a) (a resolution
accepting the Downtown Parking Management Study, approving the Downtown Parking Interim
Action Plan, and directing staff to prepare a Downtown Parking Management Plan) and 8(b) (an
ordinance to amend Chula Vista Municipal Code, Chapters 10.56 and 10.52, modifying parking
meter rates and modifying the overtime parking fee); and
WHEREAS, staff made a presentation, public comment was taken, and City
Councilmembers asked questions and expressed their opinions; and
WHEREAS, a motion was made to approve and adopt the resolution and the ordinance with
amended language proposed by Mayor Cox; and
WHEREAS, the motion was seconded, the vote occurred and the roll was taken. The vote
was 3 members in favor, I opposed, and I member abstaining; and
WHEREAS, based on a notation on the City Council Agenda Statement that a 4/5ths vote
was required for the ordinance, the City Clerk and the Councilmembers believed that the vote to
approve and adopt the ordinance had failed; and
WHEREAS, acting under this mistaken belief, when asked about the status of the
resolution, the City Manager expressed that without the funds that would be derived from the
enactment of the ordinance, the actions under the resolution could not be carried out. Based on this
statement, the City Clerk did not process the resolution.
WHEREAS, the City Attorney has since informed staff that the adoption of the ordinance
required only a 3/5ths vote; thus, according to the City Charter and other laws, the ordinance passed
with 3 votes in favor; and
J:\Allomey\DavidM\Resos\Parking District Correction Reso_ 12-04-07.doc
17-23
Resolution No. 2007-
Page 2
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 the
action is reaffirming a previous action taken by Council (See City Council Agenda Statement,
Item 8, November 13, 2007); therefore, pursuant to Section 15060 (c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council does
hereby acknowledge that the vote for Item 8(a), a RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING THE DOWNTOWN PARKING MANAGEMENT
STUDY, APPROVING THE DOWNTOWN PARKING INTERIM ACTION PLAN, AND
DIRECTING STAFF TO PREPARE A DOWNTOWN PARKING MANAGEMENT STUDY; and
Item 8(b), an ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE CHAPTERS 10.56 MODIFYING PARKING METER RATES AND
10.62 MODIFYING THE OVERTIME PARKING FINE RATE, which transpired on
November 13, 2007, was 3 members in favor, 1 opposed, and 1 abstaining.
BE IT FURTHER RESOLVED that the City of Chula Vista City Council direct the City
Clerk to record the outcome of the vote, provide the public with notice of the vote, process the
resolution, and bring back the ordinance for its second reading.
Ann Moore
General Counsel
Presented by:
J:\Altomey\DavidM\Resos\Parkin;: District CO~lion Reso_12-04-Q7.doc
17-24
CITY COUNCIL
AGENDA STATEMENT
DECEMBER 4, 2007, Item~
ITEM TITLE:
A.
Resolution of the City Council of the City of Chula
Vista authorizing the City Manager to implement budget
reduction proposal 122 as described in Attachment A
B.
Resolution of the City Council of the City of Chula
Vista authorizing the City Manager to implement budget
reduction proposals 190 and 194 as described in
Attachment A
c.
Resolution of the City Council of the City of Chula
Vista authorizing the City Manager to implement the
budget reduction proposals as described in Attachment A
excluding budget reduction r:J 0 osals 122, 190, and 194
City Manager
REVIEWED BY:
City Manager
4/5THS VOTE: YES 0 NO 0
SUBMITTED BY:
As previously reported to Council, the City has experienced a significant decline in
anticipated General Fund revenue since the beginning of the fiscal year. Current revenue
and expenditure projections indicate budgetary shortfalls of $8.2 million and $15.5 million
for fiscal years 2007-08 and 2008-09 respectively. In an effort to bring expenditures in
line with projected revenues, staff presented Council with 195 potential budget reductions
totaling $21.4 million in annual ongoing savings. Council considered the potential budget
reductions during two separate budget workshop sessions and through a straw polling
process indicated support for 161 of the proposed budget reductions totaling $7.0 million
in savings over the remainder of fiscal year 2007-08 and $15.0 million in annual savings
beginning in fiscal year 2008-09. Tonight's report summarizes the budget reductions that
were supported by Council through the straw poll process, recommends two additional
proposals be included in the final budget balancing plan, and seeks Council approval to
begin implementing the proposed budget reduction plan.
18-1
DECEMBER 4, 2007, Item /8
Page 2 of 8
RECOMMENDATION
That City Council approve the resolutions and thereby authorize the City Manager to begin
implementing the budget reduction plan as detailed in Attachment A.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The following table summarizes the $9.4 million reduction in the City's revenue projections
by revenue category since the beginning of fiscal year 2007-08.
~~~1"~=:;:7''f:P'-''''"'''''''';q!''';7ryc..,~>=;l!f~2OO1~~~ ~~ -~- l""~''''''''''~ '" ~- J-' "'" -r-~- ,,-- --;: --,-- I
f~gi = . * . I . Adopted' Revised' I ,
"., - '^ ;; j
~.n!i!t~!Ym,'~:S _B!!~L~)ll!>leBtioI1$iL VarlilllCe j Description. .. ,
Sales Tax $ 35.1 $ 29.8 $ (5.2) Reflects a 3.5% increase from the prior
year actuals
Motor Vehicle License Fees $ 19.4 $ 19.7 $ 0.3 Slight increase due to better than
projected increase in assessed value
Franchise Fees $ 10.4 $ 8.8 $ (1.6) Reduction reflects reduced use of the
S8 Power Plant
UUT $ 6.7 $ 7.1 $ 0.4 Slight increase based on prior yea
actuals
Real Property Transfer Tax $ 2.0 $ 1.0 $ (1.0) Reduction based on significant 510.
down in home sales
Building Permits $ 3.5 $ 2.5 $ (0.9) Reduction reflects adjustment from
1,200 to 600 building permits
Plan Check Fees $ 1.8 $ 1.7 $ (0.1) Reduction reflects adjustment from
1,200 to 600 building permits
Developer Deposit Account $ 8.5 $ 7.7 $ (0.8) Based upon departmental first quarte
Revenues projections
Miscellaneous $ 2.2 $ 1.8 $ (004) Reduction due to reduced origination fee
for community facility districts
Total Variance $ (9.4)
A citywide hiring freeze, in place since the beginning of the fiscal year, is projected to
result in personnel savings of $1.2 million over and above budgeted salary savings "
thereby reducing the fiscal year 2007-08 budgetary gap from $9.4 million to $8.2 million.
The budget gap is projected to grow to $15.5 million by fiscal year 2008-09 due primarily
to previously negotiated increases in personnel costs coupled with continued sluggish
revenue growth.
Summary of Recommended Budqet Reductions
Attachment A summarizes the 163 budget reductions by department that staff is
recommending for implementation. Staff is recommending implementation of the 161
budget reduction proposals previously supported by Council through the straw polling
process that was conducted during the November 1" and November 6'h budget
, A total of $4.5 million of salary savings was included in the FY 2007-08 budget - $1.7 million as a result of
historical vacancy rates and $2.8 million as a result of one-time budget reductions approved by Council with
the adoption of the FY 2007-08 budget.
18-2
DECEMBER 4, 2007, Item /8
Page 3 of 8
workshops. In addition, staff is recommending that two other budget reduction proposals
not initially supported by Council be included at this time - the outsourcing of fire dispatch
services and the reduction of street lighting aiong arterial streets.
Fire Dispatch Services
Following a detailed analysis, staff is recommending the outsourcing of fire dispatch
services. In addition to the cost savings generated from contracting fire communications
services there are also several key operational benefits. The Fire Department assessed
the services provided by Heartland Communications Fire Authority and San Diego Fire
and Medical Dispatch Center as the two main agencies for the provision of fire and
medical dispatch services. Both agencies offer true fire based computer aided dispatch
(CAD) systems with capabilities that the City's CAD is not capable of delivering - even
with significant enhancements. The enhanced capabilities include:
. CAD integrated mapping
. CAD driven mobile data computer mapping
. Multi-fire agency operability
. End user flexibility
. Resource move-up
. Software enhancement capability
These enhanced capabilities would allow the fire department to improve response times,
provide automatic system coverage throughout the City of Chula Vista, and allow
redundancy in radio coverage in the event one system fails. In addition, both agencies are
slated to participate in a regional CAD interoperability project that will implement a CAD
interface connecting the following communication centers: Heartland, San Diego, North
Comm and Monte Vista. This project will help eliminate the current lag time and delays
when requesting automatic aid and other resources from different communication centers.
Staff also evaluated the potential impact on dispatch times; the evaluation of the average
dispatch times was critical in order to gauge the impact to call for service response times
that would possibly result from contracting fire dispatch. Longer dispatch times could
impact service delivery for citizens and the department's ability to meet the Growth
Management Oversight Committee (GMOC) response time threshold. Comparison of the
dispatch response times indicates that average dispatch times would increase
approximately 10 seconds with San Diego Fire and Medical Dispatch Center and 29
seconds with Heartland Communications Fire Authority. Staff is further evaluating which
agency is better positioned to mitigate this service impact through changes in dispatching
procedures and/or enhanced CAD capabilities including:
. Employing automatic vehicle locator capabilities that will enable the closest first
response units to be dispatched to calls for service and enhance mapping
capabilities
. Utilizing CAD mapping capabilities that will allow the Chula Vista Fire Department
the flexibility to continuousiy refine response routes to aid in minimizing response
times
The implementation of this proposal is estimated to save up to $740,000 annually
depending on the agency selected. However, any cost savings realized in the remainder
of fiscal year 2007-08 will be offset by one-time costs associated with transitioning to
another agency. Contracting out fire dispatch will also result in the elimination of 11
18-3
DECEMBER 4, 2007, Item /23
Page 4 of 8
positions from the Fire Department. Fire management has been working with local
dispatch centers to place those dispatchers that are not already in a hiring process with
another agency. Staff will return to Council in the coming weeks to make a final
recommendation on the contract agency best suited to meet Chula Vista's needs.
Arterial Street Liohtino
Staff is recommending reducing energy costs by turning off 50% of the streetlights along
arterial streets by alternating lights on double mast arms. Staff implemented this proposal
on a trial basis along Fourth Avenue from E Street to H Street and along East H Street
from 1-805 to Del Rey Parkway with very little noticeable impact on street lighting and no
complaints from citizens. The potential savings resulting from this proposal are now
estimated at approximately $60,000 in fiscal year 2007-08 and $120,000 annually; down
from the original estimate of $250,000 per year.
Budoet Savinos bv Department
Combined, the 163 recommended budget reductions would result in $7 million of savings
over the remainder of fiscal year 2007-08 and $15.9 million of ongoing annual savings
beginning with fiscal year 2008-09. The following table summarizes the projected savings
by department:
Finance $ 3,183,990 $ (489,229) 15%
Administration $ 4,239,531 $ (640,000) 15%
Planning & Building $ 10,044,850 $ (1,425,803) 14%
Human Resources $ 4,663,381 $ (578,134) 12%
Library $ 9,927,392 $ (1,224,943) 12%
City Attorney $ 2,670,329 $ (312,712) 12%
City Clerk $ 1,207,648 $ (141,000) 12%
Recreation $ 6,616,423 $ (762,395) 12%
Engineering & Gen Svcs $ 18,414,656 $ (2,102,737) 11%
Info Technology Services $ 4,173,988 $ (450,843) 11%
City Council $ 1,488,568 $ (148,857) 10%
Public Works $ 21,060,688 $ (1,788,912) 9%
Nature Center $ 1,260,106 $ (92,454) 7%
Fire $ 24,703,543 $ (1,498,812) 6%
Police $ 50,512,682 $ (2,869,268) 6%
Other Reductions' $ (1,376,520)
Total Reductions $ (15,902,619)
* Primarily the elimination of a scheduled 4% pay increase for all management staff effective January 1,2008.
Summary of Recommended Positions Reductions
Implementation of the budget reduction plan will result in the elimination of 115.75
permanent benefited positions. Of these 115.75 positions, 55.5 are currently vacant, 34
involve employees participating in the early retirement program, and 26.25 will potentially
result in layoffs. Attachment B details the specific positions being eliminated by
18-4
DECEMBER 4,2007, Item 19
Page 5 of 8
department. The following table summarizes the number of position reductions by
bargaining group.
Confidential 2 2 0 4 31 13%
WCE 0 2 2 4 32 13%
Management 10.5 14.5 1.75 27 219 12%
CVEA 40 11 23 73 602 12%
POA 2 5 0 7 248 3%
IAFF 1 0 0 1 112 1%
Total 55.5 34 26.25 115.75 1243.5 9%
As a percent of total authorized positions, non-sworn safety positions would be reduced
by 12 percent compared to only 2 percent for sworn positions. Overall, the budget
reduction plan eliminates 9 percent of permanent benefited positions from the City's
budget.
Implementation of the budget reduction plan could result in as many as 26.25 layoffs. Ten
of these positions are related to the outsourcing of fire dispatch services and 4 are
workload related. The Human Resources department is working closely with departments
to place the remaining 12.25 employees in vacant positions elsewhere in the City, thereby
significantly reducing the actual number of layoffs. It is important to note that
implementation of the budget reduction plan will also result in layoffs and/or reduction in
hours for some hourly personnel - most significantly in Custodial, Recreation, and Library
services.
Summary of Siqnificant Service Impacts
Detailed descriptions of each of the recommended budget reductions including budget
savings, service impacts, performance data where available, and any special
implementation issues were presented to Council prior to the November 1, 2007 budget
workshop. Following is a bulleted list of some of the more significant service impacts the
community is anticipated to experience:
Public Safetv
. Elimination of four police dispatch positions will negatively impact efficiency at
the Communications Center, increase wait times for citizens calling for
emergencies or business reasons, and may potentially result in increased
overtime usage to cover busy periods
. Elimination of Community Service Officers will shift low level calls for service
handled by CSOs to Patrol Officers which will impact the department's ability to
meet GMOC thresholds
. Reduction of Police Agents from the Investigations Division will affect follow-up
property crime and auto theft investigations as well as participation in regional
task forces
18-5
DECEMBER 4, 2007, Item ;q
Page 6 of 8
. The elimination of one Evidence Control Assistant will result in delays in
processing evidence and limit storage management
. Potentially longer fire response times as a result of outsourcing fire dispatch
services - as mentioned previously, dispatch times may increase between 10
to 29 seconds
. The elimination of the Deputy Fire Chief and Training Captain will result in the
ioss of two positions that can perform as first responders during major
emergency events such as providing critical command and control functions
Community Services
. Reduced hours of operation at the Civic Center and South Chula Vista
Libraries - morning and evening hours will alternate between the Civic Center
and South Chula Vista branches
. Reduced hours of operation at Norman Park Center and the Salt Creek Park
Fitness Center
. Reduced park supervision at Veterans, Montevalle, and Salt Creek parks
. Rec Swim and Lap Swim programs will be limited to Summer months on a
reduced basis
. Elimination of free programming at Recreation Centers relating to health and
fitness programs
. Charging special events such as Celebrate Chula Vista, Bonita Fest, and Band
Review for patrol services and other support services (with exception of
Starlight Parade)
. Elimination of Fourth of July fireworks on the Bayfront
Maintenance Services
. Reduction in graffiti abatement efforts; staff will request changing the City's
graffiti ordinance to reflect a 120-hour or five-day removal requirement as
opposed to within 48 hours
. Increase in response times to requests from residents regarding tree-trimming
and park maintenance services as well as longer waiting periods at the counter
for picnic shelter rentals
. Reduction in quality of park maintenance i.e. turf mowing frequency reduced
from weekly to biweekly, sports fields renovations reduced from 20% to 10%
annually
. Reduction in quality of street maintenance i.e. litter/trash pickup reduced from
7 to 6 days a week, street reconstruction reduced by 50%, and lateral cut
resurfaces, curb line AC repairs, capping, and patching reduced by 50%
. Reduction in tree trimming services i.e. roadway tree clearance requests for
line of sight will be delayed from 30-45 days to 60-120 days, trimming of young
trees will be eliminated (only complaint trims will be addressed)
. Reduced staffing at the Animal Care Facility - elimination of one Animal Control
Officer and hourly staffing will significantly reduce animal control patrols,
citations, investigation of animal cruelty and disturbances of peace complaints,
18-6
DECEMBER 4,2007, Item /8
Page 7 of 8
increase response times for urgent animal control calls for service and cause
non-urgent calls for service to be deferred or not responded to within the City
of Chula Vista
. Elimination of the hourly custodial budget will significantly reduce levels of
custodial and general maintenance services in facilities citywide and impair the
department's ability to assist in the setup and takedown of special events
Development Services
. Reduction in staffing in Building Services - elimination of three building
inspectors and 2 plans examiners may result in longer turn-around times for
permits and delays in providing next-day inspections
. Elimination of a Principal Planner will result in a delay of the zoning code
update; lack of clear zoning regulations continue to have negative impacts on
Chula Vista development proposals
. Closing the Eastern Permit Center requires applicants to come to Civic Center
to get permits
. Reduced land development staffing will result in longer counter wait times and
project turnaround times should development activity increase
Administrative Services
. Increases waiting times at the Finance Counter for citizens coming to City Hall
to make payments
. Vendors may experience longer delays in receiving payments from the City
. Elimination of mail distribution of Spotlight - will be replaced with an enhanced
electronic version available on the City's website
. Reduction in funding for outside agencies that provide economic development
support services including Chula Vista Convention Visitor Center, South
County Economic Development Council, and the San Diego Regional
Economic Development Corporation
Implementation of Budqet Reduction Plan
Following Council approval, staff will begin implementation of the budget reduction plan as
described in Attachment A. Some minor adjustments to the budget reduction plan may be
enacted if any future vacancies or retirements present opportunities to avoid employee
layoffs and/or minimize service impacts to the community. Any significant changes from
the plan as described in Attachment A would be brought to Council's attention prior to
implementation. For fiscal year 2007-08, appropriations relating to the enacted portions of
the budget reduction plan will be administratively encumbered and positions will be frozen.
Departmental budgets and authorized positions counts will be formally adjusted as part of
the fiscal year 2008-09 budget.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that
budget reduction proposal 122 relating to the reduction of hours of operation at the South
Chula Vista Library poses a conflict with Council Member Rudy Ramirez. Budget
18-7
DECEMBER 4, 2007, Item Ie,
Page 8 of 8
reduction proposals 190 and 194 relating to the reduction of hours of operation for the
swim program at Parkway Pool pose a conflict for Council Member Steve Castaneda.
FISCAL IMPACT
Combined, the 163 recommended budget reductions would result in $7.0 million of
savings over the remainder of fiscal year 2007-08 and $15.9 million of ongoing annual
savings beginning with fiscal year 2008-09. Barring any additional downturns in revenues
or unanticipated expenditure increases; the recommended budget reductions are
projected to be sufficient to correct the annual ongoing structural budget deficit of $15.5
million. However, a $1.2 million shortfall is still projected in the current fiscal year.
Council for im lementation $6.9 million
Additional items recommended for $0.1 million
im lementation Fire Dis atch and Streetli hts
Total bud et reductions $7.0 million
$8.2 million
$15.0 million
$ 0.9 million
Estimated im act to General Fund Reserves
$15.9 million
$15.5 million
$ 0.4 million
'Staff is exploring other options to mitigate the impact to General Fund reserves in fiscal year 2007-08
Staff is working to mitigate the remaining shortfall in the current year without further
impacting General Fund reserves. First, the citywide hiring freeze has been extended
through the end of the fiscal year; the extension of the hiring freeze may result in
additional service impacts in the current fiscal year. Second, the City's negotiating team is
working with the City's four collective bargaining groups to identify mutually beneficial
ways of lowering personnel costs in the current year. Third, staff is actively pursuing the
collection of outstanding payments due to the Redevelopment Agency and seeking to
restructure relocation payments owed by the Agency. This would provide additional funds
for making loan repayments from the Agency to the General Fund. Finally, staff is
exploring several options to restructure some of the general funds' outstanding debt. By
restructuring some of the debt, the City could realize one-time cash inflow. There are
costs of issuance; additional long term financing costs and tax limitations that vary
depending on the type of restructuring and will be discussed in detail once the analysis is
complete. One of the options currently being analyzed includes "Cashing Out" Debt
Service Reserve Funds by purchasing a surety policy to meet the debt service reserve
requirement. This option will require approval from the bond insurer and will require bond
counsel review to ensure that the City is complying with all applicable tax laws.
Attachments:
A. Summary of Proposed Budget Reductions by Department
B. Summary of Proposed Position Reductions by Department
18-8
~u~
i-~
FY 2007-08 Budget Reduction Plan
Proposals Supported
Attachment A
CrTYOF
CHULA VISTA
RRT TOTAL FTE FY08 NET ANNUAL
RANK PROPOSAL DESCRIPTION REDUCTION SAVINGS NET SAVINGS
CITY COUNCIL
196 City Council and Mayor's Office Budget Reductions
($74,428)
($148,857)
CITY COUNCIL TOTAL - ($74,428) ($148,857)
CITY CLERK
23 Reduce training, travel, and conferences budget.
128 Reclassification of one position and salary savings.
($6,000)
($65,000)
($8,550)
($132,450)
CITY CLERK TOTAL _ ($71,000) ($141,000)
CITY ATTORNEY
43 Reduce budget for use of outside attorneys.
119 Eliminate one Legal Assistant.
145 Eliminate one Deputy City Attorney III position.
1.00
1.00
($36,000)
($54,000)
($105,000)
($73,000)
($82,006)
($157,706)
CITY ATTORNEY TOTAL 2.00 ($195,000) ($312,712)
ADMINISTRATION
3 Eliminate one Assistant City Manager position. 1.00 $0 ($283,000)
18 Reduce contingencies budget by 50%. ($10,000) ($25,000)
28 Eliminate one Senior Secretary position. 1.00 ($37,000) ($74,000)
31 Reduce services and supplies budget for various ($15,000) ($22,000)
Conservation and Environmental Services activities.
69 Eliminate annual citizen survey. ($30,000) ($30,000)
72 Reduce budget for State Legislature lobbyist contract. ($20,000) ($40,000)
88 Eliminate mail distribution of Spotlight. ($40,000) ($80,000)
103 Reduce budget for various Economic Development ($25,000) ($52,000)
activities.
104 Reduce budget for various Economic Development ($20,000) ($34,000)
activities.
ADMINISTRATION TOTAL 2.00 ($197,000) ($640,000)
18-9
~\!r,c-
~
FY 2007-08 Budget Reduction Plan
Proposals Supported
Attachment A
O1'fOf
(HULA VISTA
HRT TOTAL FTE FY08 NET ANNUAL
RANK PROPOSAL DESCRIPTION REDUCTION SAVINGS NET SAVINGS
ITS
6 Reduce annual technology replacement costs and
eliminate one-time costs related to NetRMS project.
106 Eliminate one Microcomputer Specialist position.
117 Eliminate Application Support Manager position.
($25,000)
($200,000)
1.00
1.00
($58,000)
($68,000)
($115,778)
($135,065)
ITS TOTAL 2.00 ($151,000) ($450,843)
HUMAN RESOURCES
17 Reduce services and supplies budget for outside legal ($15,000) ($25,000)
services and LA Fitness/24-Hour Fitness corporate
membership.
26 Eliminate Chief Learning Officer position and funding 1.00 ($75,000) ($210,848)
for 7-Habits training.
32 Reduce services and supplies budget for safety ($3,000) ($6,500)
program based on prior year expenditures.
52 Eliminate one Senior Secretary position. 1.00 ($51,000) ($68,309)
59 Reduce budget for post-offer physicals to reflect ($20,000) ($41,000)
hiring slow down.
62 Eliminate one Office Specialist and 0.5 Senior Human 1.50 ($29,000) ($115,862)
Resources Analyst positions.
78 Eliminate volunteer recognition luncheon. ($19,000) ($19,006)
121 Reduce one Human Resource Analyst position to 3/4 0.25 ($12,000) ($25,450)
time.
126 Eliminate one Senior Fiscal Office Specialist position. 1.00 ($34,000) ($66,159)
HUMAN RESOURCES TOTAL 4.75 ($258,000) ($578,134)
FINANCE
9 Move one accountant position from the general fund
to the Redevelopment Agency.
63 Eliminate one Administrative Secretary position.
93 Eliminate funding for Purchasing Agent position.
($63,000)
($94,128)
1.00
1.00
($36,000)
$0
($72,822)
($147,033)
18-10
~lft-
-r-
-:::.-Z:
FY 2007-08 Budget Reduction Plan
Proposals Supported
Attachment A
CITY OF
CHULA VISTA
BRT TOTAL FTE FY08 NET ANNUAL
RANK PROPOSAL DESCRIPTION REDUCTION SAVINGS NET SAVINGS
107 Eliminate one Accounting Assistant position from 1.00 ($33,000) ($58,312)
Accounts Payable.
111 Eliminate the Storekeeper position and close the 1.00 ($29,000) ($58,622)
Central Stores warehouse.
149 Eliminate an Accounting Assistant position from 1.00 ($33,000) ($58,312)
Treasury.
FINANCE TOTAL 5.00 ($194,000) ($489,229)
NON-DEPARTMENTAL
1 Permanently reduce January 1, 2008 salary increase ($260,000) ($534,000)
from 4% to 2% for all management employees.
34 Permanently reduce January 1, 2008 salary increase ($260,000) ($534,000)
from 4% to 0% for all management employees
(savings in addition to item 1).
98 Reduce outside agency funding. ($90,000) ($189,000)
154 Further reduce outside agency funding. ($59,000) ($119,520)
NON-DEPARTMENTAL TOTAL - ($669,000) ($1,376,520)
ENG & GS
5 Eliminate Director of Engineering as a result of 1.00 ($176,000) ($235,520)
reorganization of General Services, Engineering, and
Public Works Departments.
10 Eliminate one Landscape Architect position. 0.50 ($32,000) ($63,751)
15 Eliminate one Senior Building Project Supervisor 1.00 ($15,000) ($30,824)
position.
27 Eliminate one Landcape Planner II position. 1.00 ($55,000) ($111,276)
30 Eliminate hourly budget in Traffic Engineering. ($20,000) ($26,922)
35 Eliminate one Administrative Secretary position as a 1.00 ($42,000) ($84,833)
result of reorganization of General Services,
Engineering, and Public Works Departments.
38 Eliminate one Senior Office Specialist position as a 1.00 ($33,000) ($66,438)
result of reorganization of General Services,
Engineering, and Public Works Departments.
18-11
~\I!?-
---
~
FY 2007-08 Budget Reduction Plan
Proposals Supported
Attachment A
em Of
CHULA VISTA
BRT TOTAL FTE FY08 NET ANNUAL
RANK PROPOSAl DESCRIPTION REDUCTION SAVINGS NET SAVINGS
50 Eliminate Principal Management Analyst position as 1.00 ($89,000) ($117,964)
a result of reorganization of General Services,
Engineering, and Public Works Departments.
60 Reduce overtime budget in Traffic Engineering. ($4,000) ($6,228)
65 Reduce one full-time Landscape Planner II position to 0.50 ($28,000) ($55,637)
half-time.
68 Reduce one full-time Fiscal Office 5peciaiist position 0.50 ($16,000) ($31,708)
to half-time.
76 Eliminate one Principal Civil Engineer position as a 1.00 $0 ($170,682)
result of reorganization of General Services,
Engineering, and Public Works Departments.
83 Eliminate one Associate Engineer position. 1.00 ($64,000) ($129,060)
84 Eliminate professional services budget for outside ($75,000) ($100,000)
consultants with specialized technical expertise.
108 Reduce facility utilities budget based upon historical ($26,000) ($35,000)
usage.
118 Eliminate one Equipment Mechanic position. 1.00 ($42,000) ($84,697)
125 Eliminate one Equipment Mechanic position. 1.00 ($42,000) ($84,697)
137 Eliminate Fleet Manager. 1.00 ($54,000) ($107,077)
138 Eliminate one Engineering Tech II from Traffic 1.00 $0 ($93,701)
Engineering.
139 Eliminate one Development Services Technician from 1.00 ($38,000) ($76,988)
the Engineering front counter.
163 Eliminate one Electronic/Equipment Installer 1.00 ($54,000) ($81,596)
position.
171 Eliminate hourly budget for custodial services. ($112,000) ($225,770)
179 Eliminate hourly Animal Control Officer. ($4,000) ($8,507)
183 Eliminate one Animal Control Officer position. 1.00 ($37,000) ($73,861)
ENG & GS TOTAL 16.50 ($1,058,000) ($2,102,737)
18-12
~(f~
~
CfTYOf
CHULA VISTA
FY 2007-08 Budget Reduction Plan
Proposals Supported
Attachment A
BRT TOTAL FTE FY08 NET ANNUAL
RANK PROPOSAL DESCRIPTION REDUCTION SAVINGS NET SAVINGS
PLANNING & BUILDING
2 Eliminate 3 Building Inspector II positions as a result 3.00 ($200,000) ($350,130)
of slow down in development.
7 Eliminate Development Planning Improvement 1.00 ($94,000) ($188,584)
Manager position.
39 Eliminate 2 Plans Examiner positions. 2.00 ($132,000) ($263,282)
41 Eliminate Senior Community Development Specialist 2.00 ($146,000) ($293,962)
position and Development Manager position as a
result of reorganization of development services
departments.
45 Eliminate 1.5 Development Services Technicians 1.50 ($30,000) ($47,771)
from the Planning and Building front counter and
reclassify three positions.
49 Eliminate Principal Planner position. 1.00 ($73,000) ($156,062)
79 Eliminate one Development Services Technician as a 1.00 ($32,000) ($78,528)
result of closing Eastern Permit Center.
133 Eliminate Associate Planner positon from Advanced 0.50 ($24,000) ($47,484)
Planning.
PLANNING & BUILDING TOTAL 12.00 ($731,000) ($1,425,803)
POLICE
11 Reclassify one Police Agent position to a civilian ($28,000) ($56,416)
Quartermaster position.
12 Reclassify an ITS Police Lieutenant to a civilian ($25,000) ($51,438)
position.
13 Elimination of blood draws by American Forensic $0 ($35,000)
Nurses.
14 Eliminate half-time Secretary position from the 0.50 $0 ($33,219)
Narcotic Enforcement Team.
16 Reduction of medical services contract with $0 ($25,000)
American Forensic Nurses based upon current
contract cost.
20 Reduce budget for psychological exams during sworn $0 ($14,000)
recruitment process.
18-13
~\f?-
---
"'--
FY 2007-08 Budget Reduction Plan
Proposals Supported
Attachment A
CITYQF
CHUIA VISTA
BRT TOTAL FTE FY08 NET ANNUAL
RANK PROPOSAL DESCRIPTION REDUCTION SAVINGS NET SAVINGS
22 Reduce wearing apparel budget. $0 ($10,000)
29 Reclassify Jail Lieuteant position to a civilian Jail ($21,000) ($42,205)
Manager position.
37 Reduction of miscellaneous expenditures budget $0 ($16,000)
such as printing & binding, promotional expenses,
and Iivescan.
42 Eliminate one Peace Officer position from the 1.00 $0 ($122,437)
Professional Standards Unit (regional police academy
officer).
44 Eliminate one Fiscal Office Specialist position from 1.00 $0 ($63,418)
the Financial and Resource Management Division.
54 Eliminate Secretary position from Police 1.00 $0 ($66,348)
Administration.
55 Eliminate one Police Records Specialist position. 1.00 $0 ($60,398)
56 Eliminate one Office Specialist position from the 1.00 $0 ($60,397)
Research & Analysis Unit.
58 Eliminate hourly budget for two Background $0 ($53,756)
Investigator positions.
64 Eliminate one Senior Office Specialist position in the 1.00 $0 ($66,438)
Special investigations Unit.
67 Eliminate hourly budget for Crime Lab Intern $0 ($34,299)
position.
70 Eliminate two Police Service Officer positions. 2.00 ($81,000) ($162,500)
71 Eliminate one Police Records Transcriptionist 1.00 $0 ($60,398)
position.
82 Eliminate the Community Relations Police Sergeant. 1.00 ($77,000) ($155,086)
87 Eliminate one Police Agent position from the 1.00 ($67,000) ($134,823 )
Professional Standards Unit (recruiting).
90 Eliminate one Police Agent from the Joint Terrorism 1.00 ($65,000) ($130,023)
Task Force.
101 Transfer one Police Agent from Narcotics ($35,000) ($71,000)
Enforcement Team to the Major Mexican Trafficker
Task Force.
18-14
~w~
~
CITY OF
CHULA VISTA
FY 2007-08 Budget Reduction Plan
Proposals Supported
Attachment A
BRT TOTAL FTE FY08 NET ANNUAL
RANK PROPOSAL DESCRIPTION REDUCTION SAVINGS NET SAVINGS
102 Transfer one Police Agent from Narcotics ($35,000) ($71,000)
Enforcement Team to the Operation Alliance Task
Force.
114 Eliminate one Police Agent from the Financial Crimes 1.00 ($67,000) ($134,823)
Task Force.
120 Transfer one Police Agent from the Family Protection ($20,000) ($41,000)
Unit to the Internet Crimes Against Children Task
Force.
123 Eliminate hourly budget for one Cold Case $0 ($33,418)
I nvestigator position.
129 Eliminate one Peace Officer assigned to the K-9 Unit. 1.00 ($61,000) ($122,437)
131 Eliminate prisoner transport contract with the $0 ($60,000)
County of San Diego.
136 Eliminate two Police Dispatcher positions. 2.00 $0 ($181,290)
140 Eliminate one Evidence Control Assistant position. 1.00 ($34,000) ($67,149)
144 Eliminate three Community Service Officer positions. 3.00 $0 ($201,447)
148 Eliminate one Police Agent from the Property Crimes 1.00 ($67,000) ($134,823)
Unit.
164 Eliminate the Mobile Field Force Program. ($28,000) ($55,992)
176 Eliminate two Police Dispatcher positions. 2.00 ($91,000) ($181,290)
197 Reduce overtime budget for special events. Begin $0 ($60,000)
charging events for Police services, with exception of
Yuletide Parade.
POLlCETOTAL 23.50 ($802,000) ($2,869,268)
FIRE
53 Eliminate the Public Education Specialist position. 1.00 $0 ($67,601)
85 Eliminate one Secretary from Fire Administration 1.00 ($35,000) ($68,168)
through reorganization.
94 Eliminate one Fire Captain in the Training program. 1.00 $0 ($140,600)
100 Eliminate one Fire Prevention Engineer position. 1.00 ($125,000) ($125,638)
110 Contract out Fire Communications Services. 11.00 $0 ($740,000)
18-15
~lf?-
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~---==
FY 2007-08 Budget Reduction Plan
Proposals Supported
Attachment A
em OF
(HULA VISTA
BRT TOTAL FTE FY08 NET ANNUAL
RANK PROPOSAL DESCRIPTION REDUCTION SAVINGS NET SAVINGS
113 Eliminate one Fire Deputy Chief position.
1.00
1.00
($134,000)
($126,000)
($230,000)
($126,805)
174 Eliminate the Disaster Preparedness Manager
position.
FIRE TOTAL 17.00 ($420,000) ($1,498,812)
PUBLIC WORKS
4 Reduce staffing in Inspection Services by eliminating 2.00 ($128,000) ($249,3S1)
one Public Works Inspector II, one Associate
Engineer, 0.5 Intern III and associated equipment as
a result of siow down in development.
36 Reduce energy costs by turning off 50% of street ($60,000) ($120,000)
lights (250 watt) along arterial streets and
alternating lights on double mast arms.
80 Eliminate hourly Senior Office Specialist from park ($10,000) ($20,000)
reservations division.
86 Eliminate a Parks Manager, an Urban Forestry 2.00 ($130,000) ($259,937)
Manager, and associated equipment from Parks and
Open Space.
97 Reduce replacement of streetlight knock-downs. ($5,000) ($20,000)
127 Eliminate 3 Gardeners 1/11 and associated equipment. 3.00 ($160,000) ($217,051)
135 Eliminate a Sign Crew (Senior Maintenance Worker 2.00 ($135,000) ($181,771)
and Maintenance Worker 1/11) and associated
equipment.
142 Eliminate Storm Drain Crew (Senior Maintenance 2.00 ($100,000) ($137,883)
Worker and Maintenance Worker 1/11) and related
equipment.
156 Eliminate graffiti removal contract. ($25,000) ($51,500)
175 Eliminate Sr Maintenance Worker, Public Works 2.00 ($145,000) ($198,057)
Supervisor and related equipment from Street
Maintenance.
186 Eliminate Tree Trimming Crew (Tree Trimmer and 2.00 ($90,000) ($179,675)
Senior Tree Trimmer) and related equipment.
189 Eliminate Graffiti Crew (Senior Maintenance Worker 2.00 ($76,000) ($153,687)
and Maintenance Worker 1/11).
18-16
~w?-
-r-
===-'
CITY Of
CHULA VISTA
FY 2007-08 Budget Reduction Plan
Proposals Supported
Attachment A
BR, TOTAL FTE FY08 NET ANNUAL
RANK PROPOSAL DESCRIPTlON REDUCTION SAVINGS NET SAVINGS
PUBLIC WORKS TOTAL 17.00 ($1,064,000) {$1,788,912}
RECREATION
21 Eliminate out of county field trips for summer and ($8,000) ($13,665)
intersession day camps.
24 Eliminate pay phone and reduce hourly staffing for ($1,000) ($1,5S0)
Women's Club.
46 Eliminate Recreation Supervisor II and Recreation 2.00 ($115,000) ($153,822)
Supervisor I.
48 Eliminate Fitness Club and Track Meets in Youth ($1,000) ($2,794)
Athletics program.
51 Eliminate one management position and hourly 1.00 ($55,000) ($109,533)
wages through reorganization of Recreation
Administration.
57 Scale back production and distribution of Recreation ($30,000) ($60,036)
quarterly brochure.
75 Close Norman Park Center for two weeks - during ($1,000) ($2,888)
winter holiday and August for annual maintenance.
81 Reduce hours of operation at Salt Creek during non- ($2,000) ($4,148)
peak times.
89 Scale back Middle School Program - reduce program ($6,000) ($13,384)
activities, reduce hourly staffing, and eliminate
summer program.
91 Eliminate 8:00 am Swim Lessons (lowest enrollment). ($3,000) ($4,618)
92 Eliminate 4th of July fireworks on Bayfront. ($40,000) ($41,310)
95 Reduce hours of operation for the Salt Creek ($23,000) ($46,505)
gymnasium and fitness center.
96 Reduce Therapeutics programs - Wheely Sports, ($11,000) ($22,816)
Intersession camps, reduce hourly staffing.
115 Reduced fitness center hours at Salt Creek, Olay, and ($9,000) ($18,213)
Norman Park Senior Centers.
116 Reduce hours of operation of the Life Options and ($4,000) ($6,839)
Information and Referral programs at Norman Park
Center.
18-17
~J/?-
~
FY 2007-08 Budget Reduction Plan
Proposals Supported
Attachment A
CIlYOF
CHUIA VISTA
BRT TOTAL FTE FY08 NET ANNUAL
RANK PROPOSAL DESCRIPTION REDUCTION SAVINGS NET SAVINGS
130 Reduce hourly staffing at all recreation facilities. ($65,000) ($105,850)
150 Reduce hourly staffing for youth athletics programs ($19,000) ($38,226)
(indoor soccer, sports camps, volleyball and
basketball leagues).
165 Reduce hourly staffing hourly staffing for Aquatics ($25,000) ($41,787)
programs.
167 Close Norman Park Center at 4:00 pm Mondays ($7,000) ($13,655)
through Wednesday (currently closes at 10:00 pm).
168 Reduce hourly staff of park supervision at Veterans, ($23,000) ($34,683)
Montevalle & Salt Creek community parks.
190 Scale back morning/weekend lap swim program- ($5,000) ($11,006)
reduce or eliminate hours of operation of program at
both pools
194 Eliminate Rec Swim in the Fall, Winter and Spring ($10,000) ($15,067)
and on Saturdays, reduced Rec Swim on Tue/Thurs
evenings at Parkway. No Rec swim on Sundays.
RECREATION TOTAL 3.00 ($463,000) {$762,395}
LIBRARY
8 Reclassify one Dash leader at each school site with a ($61,000) ($123,007)
Youth leader.
40 Eliminate the Community Relations Manager 1.00 ($64,000) ($124,252)
position.
61 Eliminate the Cultural Arts & Fund Development 1.50 ($99,000) ($199,712)
Manager and reduce Cultural Arts Coordinator from
full-time to half-time.
99 Eliminate the library Operations Manager position. 1.00 ($73,000) ($145,635)
105 Eliminate 1 librarian 1/11 and 2 library Technician 3.00 ($108,000) ($216,918)
positions from the Technical Services division.
109 Reclassify the Youth and Family literacy Coordinator ($7,000) ($14,399)
position with a Senior librarian.
122 Reduce hours at South Chula Vista library from 56 to 2.50 ($110,000) ($219,223)
48 hours per week.
18-18
~u?-
-r-
~
FY 2007-08 Budget Reduction Plan
Proposals Supported
Attachment A
OTYOF
CHUlA VISTA
3RT TOTAL FTE FY08 NET ANNUAL
RANK PROPOSAL DESCRIPTION REDUCTION SAVINGS NET SAVINGS
134 Reduce hours at Civic Center library from 64 to 52
hours per week.
2.00
($90,000)
($181,798)
LIBRARY TOTAL 11.00 ($612,000) ($1,224,943)
NATURE CENTER
19 General cuts in supplies and services (cell phones, ($9,000) ($16,254)
small tools, etc).
25 Reduction in animal & plant acquisition through use $0 ($500)
of personal vehicles.
33 Reduction in funds for volunteer recognition. ($2,000) ($3,500)
47 Reduce "Other Contractual Services" due to ($8,000) ($16,700)
departmental efficiencies.
73 Elimination of all overtime funds (special events, ($4,000) ($8,400)
fundraising, emergencies).
74 Elimination of all funds for travel, conferences and ($1,000) ($3,100)
meetings.
112 Reduce hourly staff for admissions, Gift Shop and ($2,000) ($5,000)
membership sales.
157 Reduce advertising and promotional expenses ($12,000) ($23,000)
(brochures and other printed materials).
159 Reduce building maintenance and funds for animal ($8,000) ($16,000)
acquisitions.
NATURE CENTER TOTAL _ ($46,000) ($92,4S4)
CITYWIDE TOTAL
115.75
($7,005,428) ($15,902,619)
18-19
~{r?-
-.-
-:::.: -"""'"
FY 2007-08 Budget Reduction Plan
Staffing Impacts by Dept - Proposals Supported
Attachment B
em Of
CHULA VISTA
BARGAINING TOTAL FTE
CLASSIFICATION UNIT REDUCTION
CITY ATTORNEY
Deputy City Attorney II
Legal Assistant
MM
CONF
1.00
1.00
CITY ATTORNEY TOTAL 2.00
ADMINISTRATION
Assistant City Manager
Senior Secretary
EM
CVEA
1.00
1.00
ADMIN1STRATlON TOTAL 2.00
ITS
Applications Support Manager
Information Technology Support Specialist
MM
MM
1.00
1.00
ITS TOTAL 2.00
HUMAN RESOURCES
Chief Learning Officer
Human Resources Analyst
Office Specialist
Senior Fiscal Office Specialist
Senior Human Resources Analyst
Senior Secretary
SM
MM
CVEA
CONF
MM
CONF
1.00
0.2S
1.00
1.00
O.SO
1.00
HUMAN RESOURCES TOTAL 4.75
FINANCE
Accounting Assistant
Administrative Secretary
Purchasing Agent
Storekeeper
CVEA
CONF
SM
CVEA
2.00
1.00
1.00
1.00
FINANCE TOTAL 5.00
ENG & GS
Administrative Secretary
CVEA
1.00
18-20
~!r.c.-
~;;
CITY Of
CHULA VISTA
FY 2007-08 Budget Reduction Plan
Staffing Impacts by Dept - Proposals Supported
Attachment B
BARGAINING TOTAL FTE
CLASSIFICATION UNIT REDUCTION
Animal Control Officer
Associate Engineer
Building Projects Manager
Development Services Technician
Director of Engineering
Electrician/Equipment Installer
Engineering Technician II
Equipment Mechanic
Fiscal Office Specialist
Fleet Manager
Landscape Architect
Landscape Planner II
Principal Civil Engineer
Principal Management Analyst
Senior Office Specialist
OJEA
WCE
MM
CVEA
EM
OJEA
CVEA
OJEA
OJEA
MM
MM
CVEA
MM
MM
OJEA
1.00
1.00
1.00
1.00
1.00
1.00
1.00
2.00
0.50
1.00
0.50
1.50
1.00
1.00
1.00
ENG & G5 TOTAL 16.50
PLANNING & BUILDING
Associate Planner
Building Inspector II
Development Planning Improvement Manager
Development Planning Manager
Development Services Technician II
Plans Examiner
Principal Planner
Senior Community Development Specialist
CVEA
OJEA
sM
sM
OJEA
WCE
MM
MM
0.50
3.00
1.00
1.00
2.50
2.00
1.00
1.00
PLANNING & BUILDING TOTAL 12.00
POLICE
Community Service Officer
Evidence Control Assistant
Fiscal Office Specialist
Office Specialist
Peace Officer
Police Agent
Police Dispatcher
OJEA
OJEA
CVEA
CVEA
POA
POA
CVEA
3.00
1.00
1.00
1.00
2.00
4.00
4.00
18-21
~!lc.-
-.-
~~'ZZ
FY 2007-08 Budget Reduction Plan
Staffing Impacts by Dept - Proposals Supported
Attachment B
CITY OF
CHULA VISTA
BARGAINING TOTAL FTE
CLASSIFICATION UNIT REDUCTION
Police Records Specialist
Police Records Transcriptionist
Police Sergeant
Police Services Officer
Secretary
Senior Office Specialist
CVEA
CVEA
POA
CVEA
CVEA
CVEA
1.00
1.00
1.00
2.00
1.50
1.00
POLICE TOTAL 23.50
FIRE
Deputy Fire Chief
Disaster Preparedness Manager
Fire Captain (80 Hr)
Fire Communications Manager
Fire Dispatcher
Fire Dispatcher Supervisor
Fire Prevention Engineer
Public Education Specialist
Secretary
SM
MM
IAFF
MM
CVEA
CVEA
MM
CVEA
CVEA
1.00
1.00
1.00
1.00
8.00
2.00
1.00
1.00
1.00
FIRE TOTAL 17.00
PUBLIC WORKS
Associate Engineer
Gardener I
Gardener II
Maintenance Worker I
Parks Manager
Public Works Inspector II
Public Works Supervisor
Senior Maintenance Worker
Senior Tree Trimmer
Tree Trimmer
Urban Forestry Manager
WCE
CVEA
CVEA
CVEA
MM
CVEA
CVEA
CVEA
CVEA
CVEA
MM
1.00
2.00
1.00
3.00
1.00
1.00
1.00
4.00
1.00
1.00
1.00
PUBLIC WORKS TOTAL 17.00
18-22
~w?-
~---
~~:
Attachment B
FY 2007-08 Budget Reduction Plan
Staffing Impacts by Dept - Proposals Supported
CITY Of
CHUlA VISTA
BARGAINING TOTAL FTE
CLASSIfiCATION UNIT REDUCTION
RECREATION
Recreation Supervisor 1
Recreation Supervisor II
Senior Recreation Manager
CVEA
CVEA
MM
1.00
1.00
1.00
RECREATION TOTAL 3.00
LIBRARY
Community Relations Manager
Cultural Arts & Funds Development Manager
Cultural Arts Coordinator
Librarian I
Librarian III
Library Associate
Library Operations Manager
Library Technician
SM
SM
MM
CVEA
CVEA
CVEA
MM
CVEA
1.00
1.00
O.SO
4.00
0.50
1.00
1.00
2.00
LIBRARY TOTAL 11.00
CITYWIDE TOTAL
115.75
18-23
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
IMPLEMENT BUDGET REDUCTION PROPOSAL 122
WHEREAS, the City is currently projecting General Fund budgetary gaps of $8.2 million
and $15.5 million for fiscal years 2007-08 and 2008-09 respectively; and
WHEREAS, staff previously presented City Council with detailed descriptions of 195
potential budget reductions totaling $21.4 million in annual ongoing savings at two budget
workshop sessions; and
WHEREAS, City Council indicated support through a straw polling process for 161 of
these proposals including proposal number 122; and
WHEREAS, budget reduction proposal 122 would result in an annual General Fund
savings of $219,223.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the City Manager to proceed with implementing budget reduction
proposal 122 as described in Attachment A.
Presented by
AJ-~
~avid Ga;.2a
City Manager
Approved as to form by
~~~~\\
Ann Moore
City Attorney
J:\Allomey\RESO\FINANCE\BUl.lget Reduction Plan. J _ !2-04.07.doc
18-24
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
IMPLEMENT BUDGET REDUCTION PROPOSALS 190 AND
194
WHEREAS, the City ofChula Vista is currently projecting General Fund budgetary gaps
of$8.2 million and $15.5 million for fiscal years 2007-08 and 2008-09 respectively; and
WHEREAS, staff previously presented City Council with detailed descriptions of 195
potential budget reductions totaling $21.4 million in annual ongoing savings at two budget
workshop sessions; and
WHEREAS, City Council indicated support through a straw polling process for 161 of
these proposals including proposal numbers 190 and 194; and
WHEREAS, budget reduction proposals 190 and 194 combined would result in an annual
General Fund savings of$26,073.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the City Manager to proceed with implementing budget reduction
proposals 190 and 194 as described in Attachment A.
Presented by
Approved as to form by
4:rtPi--
~avid G cia
City Manager
~~Ol\~~~
Ann Moore '
City Attorney
J:\Anomey\RESOIFINANCE\Budget Reduction Plan.2_12-04-07.doc
18-25
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
IMPLEMENT THE BUDGET REDUCTION PROPOSALS AS
DESCRIBED IN ATTACHMENT A EXCLUDING BUDGET
REDUCTION PROPOSALS 122, 190, AND 194
.
WHEREAS, the City of Chula Vista is currently projecting General Fund budgetary gaps
of$8.2 million and $15.5 million for fiscal years 2007-08 and 2008-09 respectively; and
WHEREAS, staff previously presented City Council with detailed descriptions of 195
potential budget reductions totaling $21.4 million in annual ongoing savings at two budget
workshop sessions; and
WHEREAS, City Council indicated support through a straw polling process for 161 of
these proposals as described in Attachment A; and
WHEREAS, staff is recommending that budget reduction proposals 36 and 110, which
are also described in Attachment A but were not initially supported by Council through the straw
polling process, be included in the budget reduction plan; and
WHEREAS, the budget reduction proposals described in Attachment A excluding
proposals 122, 190, and 194 would result in an annual General Fund savings of$15,657,323.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the City Manager to proceed with implementing the budget
reduction proposals as described in Attachment A excluding proposals 122, 190, and 194.
Presented by
~jJJ
City Manager
Approved as to form by
~~~~~\\.
Ann Moore
City Attorney
J:\Atlomey\RESOIFINANCE\Budget Reduction Plan.3_12-04-07.doc
18-26
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October 19,2004
Ms. Lisa Cohen
CEO
Chula Vista Chamber of Commerce/Convention & Visitors Bureau
Dear Lisa,
Thank you for allowing us to express our concerns regarding the possibility of a budget
reduction at the Chamber of Commerce, which supports the Convention and Visitors
Bureau.
In the eight years I have been with Soak City Water Park, the Visitor's Information
Center has assisted with consistently growing our attendance each summer. This has
been done by having the appropriate staff to sell our tickets and promote our facility as
a fun place to go while visiting Chula Vista.
Out of town guests would not know the existence of Soak City or the City of Chula Vista
without the assistance of ad placements in travel publications and the website
developed by the Convention & Visitors Bureau. Communication meetings held by the
General Manager of the Visitors Bureau, with all the Chula Vista attractions, have been
informative and have been used as a tool to develop marketing strategies in bringing
more visitors to Chula Vista to stay in our hotels, to shop and dine.
A budget reduction in this area of concern would make a big impact on tourism in Chula
Vista.
Regards,
Monica Ramos
Manager, Marketing & Sales
2052 Entertainment Circle - Chula Vista, California 91911 - (619) 661-7373 - wwwknotts.com