HomeMy WebLinkAbout2007/12/11 Agenda Packet
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CHULA VISTA
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Cheryl Cox, Mayor
Rudy Ramirez, Councilmember David R. Garcia, City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
December II, 2007
6:00 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
. PRESENTATION BY MAYOR COX OF A PLAQUE TO RETIRING CITY CLERK
SUSAN BIGELOW
. PRESENTATION BY MAYOR COX OF A PLAQUE TO RETIRING ASSISTANT
CITY MANAGERlLIBRAR Y DIRECTOR DAVID PALMER
CONSENT CALENDAR
(Items I through 10)
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. 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 (SECOND READING AND
ADOPTION)
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 with 3 members in favor, I
opposed and I 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. On December 4,2007, the Council adopted Resolution
No. 2007-281, which acknowledged the error and directed the City Clerk to process the
original resolution (Resolution No. 2007-282) and place the ordinance on the next agenda
for second reading. (City Attorney)
Staff recommendation: Council adopt the ordinance.
2. 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
(4/5THS VOTE REQUIRED) (SECOND READING AND ADOPTION)
In order to achieve cost savings and improve efficiency, staff recommended the
reorganization of the development and maintenance services departments, which would
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 I, 2007 budget
workshop. The ordinance was first introduced on December 4, 2007. (City Manager)
Staff recommendation: Council adopt the ordinance.
3. 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
(SECOND READING AND ADOPTION)
Page 2 - Council Agenda
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December I 1, 2007
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 revises the Chula Vista Municipal Code to be consistent with these changes.
The ordinance was first introduced on December 4, 2007. (Engineering and General
Services Director)
Staff recommendation: Council adopt the ordinance.
4. A. 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 (SECOND READING AND ADOPTION)
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 14.04
(SECOND READING AND ADOPTION)
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. These ordinances were first introduced on December 4, 2007.
(Engineering and General Services Director)
Staff recommendation: Council adopt the ordinances.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "G STREET
SEWER PUMP STATION REHABILITATION PROJECT (CIP NO. SW-238)" TO
TAMANG ELECTRIC, INC. IN THE AMOUNT OF $477,420, WAIVING COUNCIL
POLICY NO. 574-01, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
TO ISSUE CHANGE ORDERS AS NECESSARY IN AN AGGREGATE AMOUNT
NOT TO EXCEED $71,613
The proposed project provides for the rehabilitation of the "G" Street sewage pump
station located on "G" Street west of the Goodrich Company western property gate and
east of Marina Parkway. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE COMPETITIVE BIDDING PROCESS AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO NEGOTIATIONS, EXECUTE ANY LETTERS
OF INTENT OR MEMORANDA OF UNDERSTANDING WITH SAN DIEGO FIRE
AND MEDICAL DISPATCH, AND EXPEND ANY FUNDS NECESSARY RELATED
TO THE START-UP COSTS IN ORDER TO ACQUIRE CONTRACTED FIRE AND
MEDICAL DISPATCH SERVICES FOR THE CITY OF CHULA VISTA
Page 3 - Council Council Agenda
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December I I, 2007
On December 4, 2007, the City Council approved the City Manager's budget reduction
plan, which included the transfer of the Fire Departments' Communications Center to
another outside agency in order to generate $740,000 in annual budgetary savings. Staff
is recommending that the competitive bidding process be waived and that the City
Manager be granted the necessary authority to negotiate and develop a contract for
Council approval with San Diego Fire an Medical Dispatch for the provision of fire and
medical dispatch services for the City of Chula Vista. (Fire Chief)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING 201 "I" STREET AS A HISTORIC SITE AND PLACING 201 "I"
STREET, THE OTTO J. ELLINGHAUS HOUSE, ON THE CITY OF CHULA VISTA
LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION
2.32.070(A)
The property owners have requested that their property be considered for inclusion on the
Chula Vista List of Historic Sites for it's distinctive architecture. Staff has researched the
history of the property and has determined that the house meets at least one of the local
criteria for designation. (Planning and Building Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE MILLS ACT CONTRACTS BETWEEN THE CITY OF CHULA
VISTA AND THE OWNERS OF THE HISTORIC SITES LOCATED AT 209 "D"
STREET, 210 DAVIDSON STREET, 630 DEL MAR AVENUE, AND 613 SECOND
A VENUE, AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENTS
In accordance with Council Policy #454-01, staff has prepared contracts for the owners of
the four designated historic homes who have requested to participate in the Mills Act
program this year. Upon authorization by the City Council, the City will enter into the
contracts, which will then be forwarded to the County Assessor's Office for recordation,
making the properties eligible for tax credit in the next assessed tax year. (Planning and
Building Director)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $15,356 FROM THE BUREAU OF JUSTICE ASSISTANCE AND
APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE
BULLETPROOF VEST PARTNERSHIP (4/5THS VOTE REQUIRED)
The Chula Vista Police Department has received funding from the Bureau of Justice
Assistance to pay for the costs of bulletproof vests. The Bulletproof Vest Partnership
grant has awarded the Police Department $15,356 to pay for 50% of the cost of the vests,
and matching funds are available in the Police Department budget. (Police Chief)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda
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December II, 2007
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) AMONG THE
COPERMITTEES OF SAN DIEGO COUNTY, AS POLLUTANT DISCHARGE
ELIMINATION SYSTEM MUNICIPAL PERMIT, ORDER NO. R-9-2007-0001, AND
AUTHORIZING THE MAYOR TO SIGN THE MOU ON BEHALF OF THE CITY
Adoption of the resolution approves the Memorandum of Understanding, which
establishes the shared program responsibilities of each party with respect to compliance
with the permit regulations. The regulations are administered by the United States
Environmental Protection Agency under the authority granted by the Federal Water
Pollution Control Act (Clean Water Act) and its 1987 amendments. (Public Works
Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from taking action on any issue not included on the
agenda, but, if appropriate, the Council may schedule the topic for future discussion or
refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) 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.
II. CONSIDERATION FOR WAIVING MINOR IRREGULARITY ON THE BID
RECEIVED FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR-
288)" PROJECT PER CITY CHARTER SECTION 1009
On July 25, 2007 at 2:00 p.m., the Director of General Services received five (5) sealed
bids for the "Eucalyptus Park Security Lighting (PR-288)" project. The project will
provide security lighting for the lower portion of the park. (Engineering and General
Services Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING IRREGULARITY, ACCEPTING BIDS AND A WARDING
CONTRACT FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP
NO. PR-288)" PROJECT TO PALSONS ELECTRICAL SERVICES, INC.
Page 5 - Council Council Agenda
http://www.chulavistaca.gov
December II, 2007
ACTION ITEMS
The Item listed in this section of the agenda will be considered individually by the
Council, and is expected to elicit discussion and deliberation. If you wish to speak on
any item, please fill out a "Request to Speak" form (available in the lobby) and submit it
to the City Clerk prior to the meeting.
12. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE AGREEMENT
FOR BASIC LIFE SUPPORT SERVICE
The City entered into an agreement with American Medical response (AMR) for Basic
and Advance Life Support Ambulance Service. Staff is recommending an extension of
the agreement based on provisions in the agreement permitting same. (Fire Chief)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A REVISED AND RESTATED AGREEMENT FOR BASIC
AND ADVANCED LIFE SUPPORT SERVICE WITH LAID LA W MEDICAL
TRANSPORTATION INC., DBA AMERICAN MEDICAL RESPONSE, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
14. MAYOR'S REPORTS
IS. 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).
Time Certain
8:00 p.m. to 8:30 p.m.
16. PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957
Title: City Clerk
17. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
Title: Interim City Clerk
Page 6 - Council Agenda
http://www.chulavistaca.gov
December II, 2007
18. A. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
Three cases
B. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
Sidock v. City ofChula Vista, Case No. GIS 15970;
JC Towing v. City ofChula Vis!;!, Case No. GIC 869143; and,
Terri Loretz. as Trustee v. City of Chula Vista. Court of Appeal Case No. D051623/San
Diego County No. GIS28491.
19. 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
ADJOURNMENT to the Regular Meeting of December 18, 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 jive days for scheduled services and
activities. Please contact the City Clerk for specific iriformation at (619) 691-5041 or
Telecommunications Devices for the Deaf (I'DD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 7 - Council Council Agenda
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December I I, 2007
ORDmANCENO. M
~\"\O?\\O\'"
ORDmANCE OF THE CITY OF !::;~ I'YISTA
AMENDmG CHAPTERS 10.5J)...u.t)\~.152 OF THE
CHULA VISTA MUN1G!B'~UCODE: RELATED TO
PARKING METER ~TES AND OVERTIME
PARKING FINES,
WHEREAS, the Downtown Parking District was established in 1963 pursuant to
the Parking District Law of 1951; and
WHEREAS, the Downtown Parking District provides more than 1700 public
parking spaces through metered and free parking; and
WHEREAS, Rich and Associates was engaged by the Redevelopment Agency to
conduct a Parking Management Study and began the study process in December 2006;
and
WHEREAS, the parking study culminated in a Final Report, which made certain
findings, including that the revenue is insufficient to keep up with necessary maintenance
and repairs; and
WHEREAS, a Downtown Parking Interim Action Plan has been presented
outlining 13 recommendations to address areas of management and operations of the
District, including increasing parking meter rates and the overtime parking fine to
generate additional revenue; and
WHEREAS, the additional revenue generated from the increase of parking meter
fees and the overtime parking fine will be utilized for parking-related expenditures within
the Parking District to make the necessary improvements outlined within the Final
Report:
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain:
SECfION I.
Chapter 10.62, Section 10.62.010 Parking violations is amended as
follows:
10.62.010 Parking violations.
A. Enforcement. Every police officer and every city employee, and every volunteer
(designated by the chief of police) charged with enforcement of the provisions of
Chapters 10.52, 10.56 and 10.60 CVMC relating to illegal parking and time limitations in
parking meter zones, the provisions of the California V chicle Code, and the other laws of
the state applicable to parking violations within the city, shall have the duty, when any
/-/
vehicle is illegally parked, to issue written notice of violation thereof stating the state
vehicle license number, make of such vehicle, the time and date of such illegal parking,
meter number, street location, and a reference to the appropriate section of the code and
the amount of the penalty for the violation. Such notice shall be attached to said vehicle
in a conspicuous place upon the vehicle so as to be easily observed by the person in
charge of such vehicle upon his return thereto.
B. Civil and Late Payment Penalties and Fees.
For the purpose of regulating the use of streets:
1. Base penalty amounts for the following Chula Vista Municipal Code. violations shall
be $12.00 if paid within 30 days of the notice of violation: CVMC 10.56.100; 10.56.110;
10.56.120; 10.56.140.
2. Base penalty amounts for the following Chula Vista Municipal Code violations shall
be $50.00 if paid within 30 days of the notice of violation: CYMC 10.52.485.
3. Base penalty amounts for the following Chula Vista Municipal Code violations and
California Vehicle Code violations shall be $25.00 ifpaid within 30 days of the notice of
violation:
CYMC 10.52.100; 10.52.110; 10.52.120; 10.52.130; 10.52.200; 10.52.210; 10.52.240;
10.52.330; 10.52.390; 10.52.420; 10.52.430; 10.52.480; 10.56.130; 10.56.310. California
Vehicle Code Sections 2113(a); 22515; 22520.
4. Base penalty amounts for the following Chula Vista Municipal Code violations and
California Vehicle Code violations shall be $35.00 if paid within 30 days of the notice of
violation: CYMC 10.52.040; 10.52.060; 10.52.070 (1) - (14); 10.52.090; 10.52.150;
10.52.160; 10.52.180; 10.52.190; 10.52.230; 10.52.270; 10.52.290; 10.52.310;
10.52.360; 10.52.450; 10.60.030; 10.60.050; 10.60.060; 10.60.080; 10.60.090; 10.60.100.
California Vehicle Code Sections 21211; 22500(a)- (h); 225000), (k); 22500.1; 22514;
22516; 22517.
5. Base penalty amounts for the following California Vehicle Code violations shall be
$25.00. The base penalty will be reduced to $10.00 upon submission of proof of
correction within the time frames specified in the Vehicle Code of the state of California:
California Vehicle Code Sections 5200; 5201; 5204(a).
6. The base penalties for the following California Vehicle Code violations shall be as set
forth below:
California Vehicle Code Sections 4462(b) - $100.00; 22500(i) - $250.00; 22500(1)-
$275.00; 22507.8 - $330.00; 22522 - $275.00; 22523 - $100.00; 22526 - $50.00.
7. The base penalties for Chula Vista Municipal Code and California Vehicle Code
violations not listed above shall be $35.00 if paid within 30 days of the notice of
violation, unless the penalty amount is set by the Vehicle Code of the state of California.
/ -.1..
8. The owner or operator may mail such payments to the city's director of finance within
the time established herein, but shall be responsible for delivery thereof to the office of
the director of finance.
9. Late Payment Penalties. All base penalties under $256.00 listed in subsections (8)(2)
through (6) of this section shall double if not paid within 30 days of the notice of
violation, unless specifically restricted by the Vehicle Code of the state of California.
The penalty for violations listed in subsection (B)(l) of this section shall be $35.00 if the
penalty is not paid within 30 days if the notice of violation.
C. Failure to Pay. Failure to pay the appropriate penalty as provided herein or failure to
contest the violation pursuant to Sections 40200.7 and 40215
SECTION II.
Amend Chapter 10.56, Section 10.56.020 Meters - Installation and
maintenance - Rates for Use. Tokens permitted when. as follows:
Section 10.56.020 Meters - Installation and maintenance - Rates for use.
The city council shall provide for the installation of parking meters including curb or
street marking lines, regulation and operation thereof, and shall cause said meters to be
maintained in good workable condition. Meters shall be placed upon the curb next to
individual parking places and meters shall be so constructed as to display a signal
showing legal parking upon deposit therein of the proper coin or coins of the United
States, as indicated by instructions on said meter, and for a period of time conforming to
the parking limits of the city, said signal to remain in evidence until expiration of the
parking period so designated, at which time a dropping of signal or some other
mechanical operation shall indicate expiration of the parking period. When any vehicle
shall be parked next to a parking meter, the owner or operator of the vehicle shall park
within the area designated by the curb or street marking lines as indicated for parallel or
diagonal parking and, upon entering the parking space, shall immediately deposit coinage
in the meter, and said parking space may be then used by such vehicle during the legal
parking limit provided by the ordinances and resolutions of the city, as follows:
A. Thirty minute meters - A twenty-five cent deposit for each 30 minute interval up to the
maximum time limit established for the zone in which the meter is located; or
B. Two, three, and four hour meters - A twenty-five cent deposit for each thirty minute
interval or a fifty cent deposit for each one hour interval up to the maximum legal time
limit established for the zone in which the meter is located; or
C. Ten hour meters - A twenty-five cent deposit for each one hour period up to the
maximum legal time limit established for the zone in which the meter is located; or
/-3
(Ord. 2670,1996; Ord. 2436 ~ 2,1991; Ord. 2367 ~ 1, 1990; Ord. 2143 ~ 1, 1986;
Ord. 955 ~ 3, 1965).
Presented by:
Eric Crockett
Redevelopment Manager
/~L/
1.-..-
.s+ri~ou-+ V~iof\
ORDINANCE NO.
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,
WHEREAS, the Downtown Parking District was established in 1963 pursuant to
the Parking District Law of 1951; and
WHEREAS, the Downtown Parking District provides more than 1700 public
parking spaces through metered and free parking; and
WHEREAS, Rich and Associates was engaged by the Redevelopment Agency to
conduct a Parking Management Study and began the study process in December 2006;
and
WHEREAS, the parking study culminated in a Final Report, which made certain
findings, including that the revenue is insufficient to keep up with necessary maintenance
and repairs; and
WHEREAS, a Downtown Parking Interim Action Plan has been presented
outlining 13 recommendations to address areas of management and operations of the
District, including increasing parking meter rates and the overtime parking fme to
generate additional revenue; and
WHEREAS, the additional revenue generated from the increase of parking meter
fees and the overtime parking fine will be utilized for parking-related expenditures within
the Pm:king District to make the necessary improvements outlined within the Final
Report.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby
ordain:
SECTION I.
Chapter 10.62, Section 10.62.010 Parking violations. is amended
as follows:
10.62.010 Parking violations.
A. Enforcement. Every police officer and every city employee, and every volunteer
(designated by the chief of police) charged with enforcement of the provisions of
Chapters 10.52, 10.56 and 10.60 CVMC relating to illegal parking and time limitations in
parking meter zones, the provisions of the California Vehicle Code, and the other laws of
the state applicable to parking violations within the city, shall have the duty, when any
/~5
vehicle is illegally parked, to issue written notice of violation thereof stating the state
vehicle license number, make. of such vehicle, the time and date of such illegal parking,
meter number, street location, and a reference to the appropriate section of the code and
the amount of the penalty for the violation. Such notice shall be attached to said vehicle
in a conspicuous place upon the vehicle so as to be easily observed by the person in
charge of such vehicle upon his return thereto.
B. Civil and Late Payment Penalties and Fees.
For the purpose of regulating the use of streets:
1. Base penalty amounts for the following Chula Vista Municipal Code violations shal1
be $12.00 if paid within 30 days of the notice of violation: CVMC 10.56.100; 10.56.110;
10.56.120; 1Q5li.l39; 10.56.140. .
2. Base penalty amounts for the following Chula Vista Municipal Code violations shall
be $50.00 if paid within 30 days of the notice of violation: CYMC 10.52.485.
3. Base penalty amounts for the following Chula Vista Municipal Code violations and
California Vehicle Code violations shall be $25.00 ifpaid within 30 days of the notice of
violation: CVMC 10.52.100; 10.52.110; 10.52.120; 10.52.130; 10.52.200; 10.52.210;
10.52.240; 10.52.330; 10.52.390; 10.52.420; 10.52.430; 10.52.480; 10.56.130: 10.56.310.
California Vehicle Code Sections 2113(a); 22515; 22520.
4. Base penalty amounts for the following Chula Vista Municipal Code violations and
Chala Vista Mlmieipal Ceae llUj2.Qllllll 37 (Reyisea 8!Q(;) California Vehicle Code
violations shall be $35.00 if paid within 30 days of the notice of violation: CYMC
10.52.040; 10.52.060; 10.52.070 (1) -(14); 10.52.090; 10.52.150; 10.52.160; 10.52.180;
10.52.190; 10.52.230; 10.52.270; 10.52.290; 10.52.310; 10.52.360; 10.52.450;
10.60.030; 10.60.050; 10.60.060; 10.60.080; 10.60.090; 10.60.100. California Vehicle
Code Sections 21211; 22500(a) - (h); 22500G), (k); 22500.1; 22514; 22516; 22517.
5. Base penalty amounts for the following California Vehicle Code violations shall be
$25.00. The base penalty will be reduced to $10.00 upon subrnission of proof of
correction within the time frames specified in the Vehicle Code of the state of California:
California Vehicle Code Sections 5200; 5201; 5204(a).
6. The base penalties for the following California Vehicle Code violations shall be as set
forth below:
California Vehicle Code Sections 4462(b) - $100.00; 22500(i) - $250.00; 22500(1) -
$275.00; 22507.8 - $330.00; 22522 - $275.00; 22523 - $100.00; 22526 - $50.00.
7. The base penalties for Chula Vista Municipal Code and California Vehicle Code
violations not listed above shall be $35.00 if paid within 30 days of the notice of
violation, unless the penalty amount is set by the Vehicle Code of the state of California.
/-6
8. The owner or operator may mail such payments to the city's director of finance within
the time established herein, but shall be responsible for delivery thereof to the office of
the director of fmance.
9. Late Payment Penalties. All base penalties under $250:00 listed in subsections (B)(2)
through (6) of this section shall double if not paid within 30 days of the notice of
violation, unless specifically restricted by the Vehicle Code of the state of California.
The penalty for violations listed in subsection (B)(l) of this section shall be $35.00 if the
penalty is not paid within 30 days if the notice of violation.
C. Failure to Pay. Failure to pay the appropriate penalty as provided herein or failure to
contest the violation pursuant to Sections 40200.7 and 40215
SECTION II.
Amend Chapter 10.56, Section 10.56.020 Meters - Installation and
maintenance - Rates for use. Tokens permitted when. as follows:
Section 10.56.020 Meters - Installation and maintenance - Rates for use. Tel.ens
p.......ill ttea ~.ykeB.
The city council shall provide for the installation of parking meters including curb or
street marking lines, regulation and operation thereof, and shall cause said meters to be
maintained in good workable condition. Meters shall be placed upon the curb next to
individual parking places and meters shall be so constructed as to display a signal
showing legal parking upon deposit therein of the proper coin or coins of the United
States, as indicated by instructions on said meter, and for a period of time conforming to
the parking limits of the city, said signal to remain in evidence until expiration of the
parking period so designated, at which time a dropping of signal or some other
mechanical operation shall indicate expiration of the parking period. When any vehicle
shall be parked next to a parking meter, the owner or operator of the vehicle shall park
within the area designated by the curb or street marking lines as indicated for parallel or
diagori81 parking and, upon entering the parking space, shall immediately deposit coinage
in the meter, and said parking space may be then. used by such vehicle during the legal
parking limit provided by the ordinances and resolutions of the city, as follows:
A. Jbirtv minute meters - A twenty-five cent deposit for each 30 minute interval UP to the
maximum time limit established for the zone in which the meter is located!. fi.':e eaft!
80m. far seen 19 miRate ifl~r/al sftae 39 mimtte, eRe lielH' 8:Ba t\ve asl.if metefs; or
B. Two. three. and four hour meters - A twenty-five cent denosit for each thirtv minute
interval or a fifty cent deposit for each one hour interval UD to the maximum lelZal time
limit established for the zone in which the meter is 10catecLA. 1 9 eeRt eeiB fer eaek 29
miIRite iBtMVal sf tke 3 Q mtRate, 1 ae\H" ana ty:e Be\if m.eters; or
C. Ten hour meters _ A twenty-five cent deposit for each one hour Deriod u~ to the
maximum lel!al time limit established for the zone in which the meter is locatedI'. teIi ell!lt
/--7
sem per &em fer eaea fear fte1B" ana aiDe &eUf meter fer ifte mmHmum legalp8fk4Bg time
1imit elHalllished far saiEl zelie; or
D. ~^,,- 1 Q sent sam sr tv:a fi"le eea.t earns fer elieR 20 minate iBterval fer eaek ~;;a aeur
meter fer the Hlai(iieHm. legal parkifig time limit estaelish.ea fer said zaBe; Sf
E.le.lietl aima s8fJssit afii::e eeRt sams neremaeo".'e fefeffea t8, there is s~eeifieany
al:l~erizeEl .8 \tSe sf a talE,sa appfelI:H:lllitely t:ke size sf Ii &....13 eeat aaia; tae aesigs. Me.
shape ef saaR tekeR shall ee ea :lile it! the emse ef the sip] elerk Me. SlieR E1esigB. may ee
shaB.gea Hem ":1=Re t8 tUFa BY feseltitieB. eftke eity eS\:JBeil. Saek telEef.lS may Be
pureBe:seel iB reaseBaBle amsunts 'Flam the HBaBGe effieel';
F. It is l:HIla~ Hi &BY maaner ie 18l'1eellies af maBufaetafe af eew.Tterfeit ae talEeRS
aescfieee. iB SlIeseetiea (B) eftftis sectteR, euaej3t \ipsa wfitteB a\itfterity sf the city. It is
UBla~,1\'fal te1:lSe Sf 1'8ssess vA~ the mteBt te ass ill a parlaBg meter any sl1::1:g, metall'ieee
or ether 8:&"':iee, elf6f!t!1t tltese tek.eBs a1:ltBeflzea. BY tile e~', "';:hieh is eal'RBle ef'eemg
asee. it! pleas sr it! lie", sf a UB:itee. States aem ill the j3ariEiBg metefS sf Ckl:lle Vista. (Ord.
2670,1996; Ord. 2436 ~ 2,1991; Ord. 2367 ~ 1, 1990; Ord. 2143 ~ 1, 1986; Ord. 955 ~
3, 1965).
Presented by:
Approved as to form by:
Eric Crockett
Redevelopment Manager
Ann Moore
General Counsel
/-j?
ORDINANCE NO. ~O?\\O~
ORDINANCE OF THE CITY OF C~\\;\'jstQ AMENDING.
CHULA VISTA MUNIC~~~OtfE SECTION 2.05.010
RELATING TO THE EST~SHMENT OF UNCLASSIFIED
POSITIONS TO ADD THE FOLLOWING TITLES
ASSISTANT DIRECTOR OF REDEVELOP:MENT AND
HOUSING, REDEVELOP:MENT 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 ASSISTANT DIRECTOR OF
COMMUNITY DEVELOP:MENT, 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/Webrnaster, CBAG Lead Progranuner
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
Engineering, Deputy Director of General Services, Deputy Director of Planning, Deputy Fire
2-1
J:\Attomcy\Onl.inance\Rcol'LUnclllBliilled POliIitiorul (clean copy ofmlineL12-04-07.doc
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
6'r!:l.rrVlA \0~Lu'
Ann Moore
City Attorney
J:\AltomeylOrdinlUlcc\R=O'"L.UnclllSllitied Positions (clean copy ofredlincLIZ..o4-m.doc
2-2
ORDINANCE NO.
ORDINANCE OF THE CITY OF CIUJLA VISTA AMENDING
CHULA VISTA MUNlCIPAL 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; !J'fD TO
DELETION!; OF THE FOLLOWING TITLES - ASSISTANT
DIRECTOR OF COMMUNlTY DEVELOPMENT~ !slD
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 of Chula 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,
Assistaflt Direetcr ef CeHlffianity DevelsfJmeRt, Assistant Director of Engineering and General
Services/Citv Engineer. Assistant Director of Finance, Assistant Director of Human Resources,
Assistant Director of Planning, Assistant Director of Public Works. !.ssistllil3.t Direstsr sf POllllie
'.Varks aa6. Ofleratieas, 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 Methampl).etamine 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, Connunity Relations
Manager, Constituent Services Manager, Cultural Arts & Fund Development Manager, Deputy
Building Official, Building Services Manager, Deputy City Manager, Deputy Director of
2-3
J'\Attnrnev\Ordin~Tt<!~\R~OT" 1 JndR~~ifi..d PMirinnR (r..dlin"\ j".04..07 dele
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 CYRC, Fiscal Operations Manager,
Gove=ent Relations Liaison, Grants Development Manager, HSliSm!; M:tma!;er, 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
J\AlTornO!V\Ord;nan~"'\Reorv Tfnclauified Pn~ition~ Ir....tlin<!\ I '.04-111 doc
2-4
r?'\\O~
ORDINANCE NO. [>.~\) [>.\)0
D\~G.
ORDINANCE OF THE CITX.-~~A VISTA,
AMENDING CHAPTER l5~'THE CHULA VISTA
MUNICIPAL CODE TO REFLECT CHANGES TO
PUBLIC UTILITIES COM:MISSION 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 (PDC) 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
3-1
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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 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
3-2
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Ordinance No.
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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 of CYMC 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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Ordinance No.
Page 4
Effective Date
This ordinance shall become effective thirty days after final passage.
Presented by
Approved as to form by
~ ,- I /1 L,
'~..-I (~rJ-r'-
Ann Moore
City Attorney
Jack Griffin
Director of Engineering and General Services
3-4
H:\ENGINEER\Ordinanc=s10nl2007\12..Q4-07\Ordinance amending Chapler 1.5'.J2 (clean CQpy of re<lIine) l'lWised by ec:.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 20Afunds; 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
co=ence 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 fmds 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, co=unication, co=unity 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.
l=ediately 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 PRoles, overhead wires and associated overhead
structures shall be removed. A reasonable time shall be allowed for
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Ordinance No.
Page 2
removal and underground installation and installation! relocation of
streetlights bv 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. the sit)' derk shadl Retify all affected utility
companies and all affected persons shall be notified by the City of the
provisions of the resolution. The sit]' elerk spesifisally shadl RetifyIf
private utilitv laterals will not be constructed bv the utility companv. the
affected persons shall be notified bv 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 bv 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, the sit)' elerk shaH furtHer Il.otify all
affected utilities and affected persons will be notified bv 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 remoyal 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
H:\ENGINEER\Ordinances\0rrl2007\I2-Q4.07\Ordlnanee amending Chapter 15.32 (~::) ~~ by =c.doc
Ordinance No.
Page 3
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 co=encement and
completion of work as may be necessary to provide for the continuance of
electric, co=unication, co=unity antenna television or similar or
associated service to the premises between the facilities referred to in
CVMC 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 bv the utilitv company.
propertv owners shall be required to give the utilitv company written
permission for the utilitv companv to enter their property. Propertv owners
shall be responsible for anv relocation and! or upgrade of electrical
equipment. such as panels and meters.
15.32.210 DilleoatHIlllHlee of overhead serriee IUHRemed whea
Not-iee. 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 of CVMC 15.32.150 aflEl 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, co=unication, co=unity 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 propertv to continue to
provide above ground service or to discontinue electric, co=unication,
co=uuity antenna television or similar or associated service from poles,
overhead wires, and associated overhead structures.
H.:\ENGINEER\Ordinancm\0rd200'1\12..o4-07\Ordinancc amending Chapt=r lS.n {~err2tsed by ec.doc
Ordinance No.
Page 4
Effective Date
This ordinance shall become effective thirty days after fmal passage.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
Ann Moore
City Attorney
H:\ENGlNEER\Ordinanc:os\0rd2007\12-04-07\Ordi=1l: amending Chapter !S.32 (~~Sed by ee.dQc
~.
rR\\O~
ORDINANCE NO. Q) ~~ ~
n~~~\~
ORDINANCE OF THE ~~~ CHULA VISTA,
REPLACING CHAPTER ~bF 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 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 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 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.
14.18.080 Warning and disclaimer ofliability.
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Ordinance No.
Page 2
. 14.18. 090 Severability.
14.18.100 DefInitions.
14.18.110 Development in special flood hazard areas.
14. I 8.120 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 accessory Structures.
14.18.180 Standards for recreational 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 orre10cation 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 of Chu1a Vista could be subject to periodic inundation
that could result in loss of life and property, health and safety hazards, disruption of
cornmerce 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 ofChula Vista.
14.18.030 Basis for establishing the areas of special flood hazards.
A. The areas of special flood hazards identified by the Federal Insurance
Administration (pIA) 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
recomniended 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 accoinmodate 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 defmed 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 detennine 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 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.
1.. '~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 of Interior);
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.
For 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 lOa-year floodplain, generally
due to grading or construction of flood control projects. A developer or government
agency constructing an eligible project within the lOa-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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(NA VD) 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, Al-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.
Al. "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 origin 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.
For 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 CYMC
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 CYMC 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:
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 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 [mal 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 proj ecti1es, 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 1 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:
1. 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 lOa-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 of the 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 oIthe 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.
B. 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
requirem.ents 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
subj ect 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
defmed 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 subject 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:
~L~ f1~Jn-
Ann Moore
City Attorney
Jack Griffin
Director of Engineering and
General Services
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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 Co=unity 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 reco=ended 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 Gove=ent Code
Sections 65302, 65560 and 65800, conferred upon local gove=ents 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:
Chanter 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 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 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 floodways.
14.18.220 Standards for subdivisions and large developments.
14.18.230 Duties of City En!rineer 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 of Chula 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 adversely affect the
public health. safety. 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 En!rineer are therefore assigned certain added
responsibilities. and thev 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 private losses due to flood conditions in specific
areas by provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control nroiects:
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 chanter anDlies.
The rovisions of this cha ter shall a I to all areas of s
within the iurisdiction of the City of Chula Vista.
14.18.030 Basis for establishinl.! the areas of snecial 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 (FrS) 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 Studv 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 me at the City Public Services Building at 276 Fourth Avenue.
14.18.040 Methods of reducIDlZ 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 Comoliance.
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 regulations.
Violation of the re uirements includin<7 violations of conditions and safe nards
established in connection with conditions shall constitute a misdemeanor. Nothin<7 in thi
cha ter shall revent the Cit from takin <7 such lawful action as is necess to revent 0
remedv anv violation.
14.18.060 Abroe:ation and e:reater restrictions.
This cha ter is not intended to re eal abro<7ate or im air an eXlstm<7 easements
covenants or deed restrictions. However where this cha ter and another ordinance
easement covenant or deed restriction conflict or overIa , whichever im oses the more
stringent restrictions shall prevail.
14.18.070 Interpretation.
In the inte retation and a lication of this cha ter. all rovisions shall be considered
minimum re uirements liberall construed in favor of the overnin<7 bod' and deeme
neither to limit nor repeal anv other powers granted under state statutes.
14.18.080 Warnine: and disclaimer ofliabilitv.
The de ree of flood rotection re uired b this cha ter is considered reasonable fo
re latorv oses and is based on scientific and eil <7ineerin <7 considerations. Lar<7e
floods can and will occur on rare occasions. Flood hei hts ma be increased b manmade
or natur.a1 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<7 or flood dam <7es. This
cha ter shall not create liabili on the art of the Ci or an of its elected or a ointe
officials officers, or em 10 ees the State of Californi the Federal Insuranc
Administration or the Federal Emer enc Mana<7ement A enc for an flood dama es
that result from reliance on this cha ter or an administrative decision lawfull mad
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 shal
not affect the validi of the cha ter as a whole or an ortion other than the section s
declared to be unconstitutional or invalid.
14.18.100 Defmitions.
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Unless s ecificall defined in this section words or hrases used in this cha ter shall be
inte reted so as to 've them the same meanincr as the have in common usage so as to
give this chapter its most reasonable application.
A. "Accessorv 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 anv given year (also called the lOO-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 anv given year.
E. "Basement" means any area of the building having its floor sub grade (below
ground level) on all sides.
F. "Development" means anv 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 mav
impede or alter the flow capacitv 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 ad; acent to the channel. or an unusual and
rapid accumulation of runoff or surface waters from any source.
1. :'Floodproofmg" 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 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 Study" 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 Enaineer.
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X. "Manufactured home park or subdivision" means a parcel (or contiguous parcels)
ofland 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
commtmity'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 velocity of the flow of water. or due to its
location. its propensity to snare or collect debris carried bv the flow of water. or its
likelihood of being carried downstream.
AB. "One-hundred (100) 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-duty truck:
and
4. Designed primarilv not for use as a permanent dwelling but as temporary
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
regulatory floodwavs are the channels of the Sweetwater River and Telegraph Canvon
Creek shown on the current Flood Boundary and Floodwav Map. and the Otav River and
POggi Canvon Creek as shown on the County 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
Boundary Map (FHBMl 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 temporary forms or installation on the propertY of accessory
structures.
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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.
AJ. "Substantial damage" means damage of any origin sustained bv 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. 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 by
the local code enforcement official and which are the minimum necessary to assure safe
living conditions: or
2. Anv alteration of a historic resource. provided that the alteration would not
l'reclude the structure's continued designation as a historic resource.
For the purposes of this chapter. substantial improvement is considered to occur
when the tirst 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 Boundarv Maps with respect to its potential flood hazard. See "Special flood
hazard area."
14.18.110 Floodplain development - Permits required.
No erson includincr ro e owners contractors 'vate encrineers or others sh
erect. construct enlar e or im rove an buildin or Structure or be . develo ment wi .
a SFHA. includin the lacement of manufactured homes without first obtainin
buildincr 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 requirements.
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A. Each application for a building pennit. land development pennit. or anv other
permit required oursuant to CVMC chaoters 15.04 and 15.08 in a SFRA shall include:
1. Necessary plans and specifications for the proposed construction showing the
nature. location. dimensions. and elevation of the area in question; existing or oroposed
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 olans and specifications for anv oroposed 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 comoonents during conditions of flooding: and
4. Anv other information as reasonablv mav be required bv the building official
and the city engineer.
B. In the coastal zone. development in SFRAs shall also be required to obtain a
coastal development pennit consistent with the applicable orovisions 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 orior to the
construction of a prooosed flood control oroiect based on design plans aooroved bv the
City. Construction of the proposed flood control proiect and land oreoaration as specified
in the stsrt of construction definition will be allowed after the CLOMR is aporoved bv
FEMA.
B. All LOMRs for flood control oroiects shall be approved bv FEMA orior to the
issuance of building oermits. Building oermits shall not be issued based on CLMORs.
C. The following requirements pertain to construction in areas that have not been
removed from the SFRA bv an aporoved LOMR:
'I. All new construction and substantial imorovements shall be adequatelv
anchored to orevent flotation. collapse or lateral movement of the structure resulting from
hvdrodvnamic and hvdrostatic loads. including the effects of buovancv:
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. olumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to orevent
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 oaths around
the structures on slooes to guide flood waters around and awav 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 solelY for
oarking of vehicles. building access or storage. and which are subiect to flooding. shall be
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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
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 subiect to
flooding:
ii. The bottom of all openings shall be no higher than one foot above
grade:
iii. 01;Jenings may 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 openin!2:s 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 svstems
shall be certified by a re!2:istered professional in the respective field of expertise. All new
and replacement water supply and sanitary sewa!2:e systems shall be designed and
constructed to minimize or eliminate infiltration of flood waters into the systems and
dischar!2:e from the systems into floodwaters.
B. On-site waste disposal systems shall be located to avoid impairment to them. or
contamination from them durin!2: floodin!2:.
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 elevate
to a minimum of one foot above the re ato flood elevation' exce t that in zone AO the
lowest-floor includinO' basement shall be as hi h as the de th number in feet aboye 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 nomesidential structures
shall meet the followin!2: standards:
1. The lowest floor elevation (to include basement) of nomesidential structures
shall be elevated or floodproofed to a minimum of one foot above the re!2:Ulatorv flood
elevation; except that in zone AO. the lowest floor (includin!2: 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 utility and sanitary facilities shall be
completely floodproofed to or above that level so that any space below that level is
watertight with walls substantiall y impermeable to the passa!2:e of water and with
structural components having the capability of resistin!2: hydrostatic and hydrodynamic
loads and effects ofbuovancy;
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2. Construction materials and utility equipment shall be resistant to floodwater
damage;
3. Construction methods and 1;Jractices shall minimize flood damage; and
4. The design of all new construction and substantial improvements of
nomesidential 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 this
cha ter shall be certified b a licensed civil en . eer. structural en . eer or architect
subse uent to construction of the ro osed buildin or structure but rior to final a rov
for use or occu anc thereof and the elevation to which such flood roofin is effectiv
shall be specified.
14.18.170 Standards for e:arae: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 s1;Jecified in FEMA Technical Bulletin TB 2-93.
B. Detached garages and accessory structures.
1. Accessorv 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 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 adequatelv 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 ;,vith 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 complv with the requirements in
FEMA Technical Bulletin TB-6.
14.18.180 Standards for recreational vehicles.
All recreational vehicles placed in Zones Al-30. AH. and AE shall either:
A. Be on the site for fewer than 180 consecutive days; or
B. Be fullv licensed and readv for highway use. A recreational vehicle is readv for
highway use if it is on its wheels or iacking system. is attached to the site onlv bv quick
disconnect type utilities and security 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 Al-30 for new manufactured home parks
and manufactured home subdivisions. expansions to existing manufactured home parks
and manufactured home subdivisions. and existinll 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
comp1v with the following standards:
A. Stands or lots shall be elevated on compacted fill or on l?ilinlls 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 extremely hazardous area due to the velocity of
floodwaters that Carry debris and potential proiectiles. and have erosion potential. the
following standards apply:
A. Until a regulatorY floodwav is adopted. no new construction. substantial
development. or other development (including fill) shall be permitted within Zones Al-
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 anvpoint within the City:
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 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 floodwav shall complv with all other applicable provisions of chapter 14.18.
14.18.220 Standards for subdivisions and lar2e 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 bv 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 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 Enlrineer 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 bv 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:
1. 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;
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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 regulatory floodwavs that
would result in any 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 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 bv federal or state law shall be obtained by the aPtllicant prior to
issuance of any permit bv 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 proiect
completion. whichever comes first. so that. upon confmnation 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 ap1Jears 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 at'tlropriate 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 orlhe 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
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 ap1Jlicable standards
in this chapter.
. ~._._ .__._ ,4-"11
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Ordinance No.
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14.18.250 Duties of the Plannine: 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 City to assure that the flood-carrying capacity 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 F ederalInsurance 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 FloodDlain varia.nces.
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 e and are not ersonal in nature.
variance ma be granted for a arcel of ro e with h sical characteristics so unusu
that com I in with the re uirements of this cha ter would create an exce tional hardshi
to the a licant or the surroundincr ro e owners. Mere economic or fmancial hardshi
alone inconvenience aesthetic considerations or h sical handica s cannot as a rule
uali as exce lional hardshi s. The characteristics must be uni ue to the ro e and no
be shared b ad'acent arcels. The uni ue characteristic must ertain to the land itself no
to the structure. its inhabitants. or the 1?ropertv owners.
B. !tis the du of the Ci of Chula Vista to hel rotect its citizens from floodincr.
This need is so com ellin and the im lications of the cost of insurincr a structure buil
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 loncr-term oal of reventincr and reducin
flood loss and dama e can only be met if variances are strict! limited. Therefore th
variance idelines rovided in this cha ter are more detailed and contain multi I
rovisions that must be met before a variance can be cr anted. The criteria are desi ed to
screen out those situations in which alternatives other than a variance are more appropriate.
1. A ro e owner and/or develo er ma a I for a flood lain variance u 0
a ent of a fee as desi ated 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 sections
of this chapter. and the:
a. Danger that materials may be swept onto other lands to the iniurv of
others;
b. Danger of life and property due to flooding or erosion damage;
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14.18.280 Findinl!s necessarY for variances.
A. In antina a variance the Flood lain Administrator shall make the followin
fmdings:
I. That the pro\,osed development is not located in anv mapped regulatory
floodwav if anv 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
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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 years) to increased risk of flood damage. wbile
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:
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 bigh 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 iustification 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 th
Flood lain Administrator re
Advisors is fmal.
14.18.300 Chapter supersedes any conflictinl! statutes.
A. This cha ter shall take recedence over conflictinO" ordinances or arts 0
ordinances with res ect to flood lain administration. The Ci Council ma from time to
time. amend the ordinance codified in tbis cha ter to reflect an and all chan es in the
National Flood Insurance Program Regulations.
B. fu the coastal zone where conflicts arise between tbis cha ter and the certifie
Local Coastal Program. the latter shall prevail.
Presented by:
Approved as to form by:
Ann Moore
City Attorney
Jack Griffin
Director of Engineering and
General Services
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i\\O~
S)O<?
~\)~
ORDINANCE NO. #G. ~
ORDINANCE OF THE CI~ 'fJf CHULA VISTA
AMENDING CHAPTER ~
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 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.
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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 fmal passage.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
--/J!l-,n- ~.~~ Ir'-
Ann Moore
City Attorney
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ORDINANCE NO.
ORDINANCE OF TIffi 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 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 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. 6)" Elligmenmg the
regulatisR" impesed 6)' Cflaj'lter 19.50 CVMC, establiohing floeEl plain
zoBffig eSRtrels. 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
H;\ENGINEER\Ordinanl:cs\Ortl2007\12-04-07\Onfinance: amending Chapte:r 14.04 ~-;- ~
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
H;\ENGINEER\OrdinanceiiI0rd2007\12-04-07\Ordinance amending Chapt=r 14.04 rc!;- }do~
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
12/11/07, Item~
RESOLUTION ACCEPTING BIDS AND AWARDING
THE CONTRACT FOR THE "G STREET SEWER PUMP STATION
REHABILITATION PROJECT IN THE CITY OF CHULA VISTA,
CALIFORNIA (CIP NO. SW-238)" TO TAMANG ELECTRIC, INC.IN
THE AMOUNT OF $477,420 AND AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO ISSUE CHANGE ORDERS AS NECESSARY
IN AN AGGREGATE AMOUNT NOT TO EXCEED $71,613
DIRECTOR OF ENG~INEERING AND GENERAL SERVICES ~~
CITY MANAGER
ASSISTANT CITY AGER 'S /
4/STHS VOTE: YES i:8;J NO D
BACKGROUND
The proposed project provides for the rehabilitation of the "G" Street sewer pump station located
on "G" Street west of the Goodrich Company western property gate and east of Marina Parkway
in the City of Chu1a Vista. On Wednesday, November 7, 2007 at 2:00 p.m, the Director of
Engineering and General Services received seven (7) sealed bids for the "G" Street Sewer Pump
Station Rehabilitation Project, in the City ofChu1a Vista, California (CIP No. SW-238)".
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 2(c) categorical exemption pursuant to Section 15302, entitled Replacement or
Reconstruction of the State CEQA Guidelines. Thus, no further environmental review is
necessary.
RECOMMENDATION
Council adopt resolution accepting bids and awarding contract for the "G" Street Sewer Pump
Station Rehabilitation Project in the City ofChu1a Vista, California (CIP No. SW-238)" project
to Tamang Electric, Inc., in the amount of $477,420 and authorizing the Director of Public
Works to issue change orders as necessary in an aggregate amount not to exceed $71,613.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
5-1
12/11/07, Item~
Page 2 of 4
DISCUSSION
This project consists of various improvements to the existing City of Chula Vista "G" Street
Sewer Pump Station. The work generally includes the removal and disposal of existing
improvements, a new concrete slab supported by columns for the pump room, new pumps,
motors, piping, valves and appurtenances, new asphalt concrete pavement, new emergency diesel
generator, a section of new chain link fence with a sliding gate, lining of the existing wet well,
new fiberglass grating, various building improvements including a new roof, doors, skylights and
ventilation, and the construction of all appurtenances and other work as may be required to
complete and render project workable. The items are to be constructed, finished and installed in
a complete and workmanlike manner in accordance with the plans and specifications.
The proj ect is located west of the Goodrich Company western property gate and east of Marina
Parkway in the City of Chula Vista. The existing pump station was originally built in 1969. It
has been modified several times over the years. The pump station facility conveys raw
wastewater via a force main into City of San Diego Metro Interceptor.
The project originated in 2005 as a full upgrade to current standards including emergency
storage, new pumps, generator, and a new building at a cost of five million dollars. At that time
more formal negotiations regarding the Bayfront development were taking place. As this project
was being advertised as a design built proj ect and the vision for the Bayfront unfolded, staff
realized the opportunity of ultimately eliminating this pump station. The Bayfront development
was proposing a sewer line close to the location of the pump station that would eliminate the
need for a pump station. At that point staff reanalyzed the benefit of such a large investment for
a full upgrade to a temporary pump station and revised the project. The project before Council
tonight is a limited upgrade to vital components of the station as described above. Because of
the pump station's proximity to the bay and the age of its equipment these upgrades are
necessary to curve the risk of a sewage spill for the next five to ten years.
BID ACCEPTANCE
On November 7, 2007, Engineering and General Services staff received and opened bids from
seven (7) contractors as follows:
CONTRACTOR BID AMOUNT
1. Tamang Electric, Inc. - Chino, CA $477,420.00
2. Cass Construction, Inc. - EI Cajon, CA $525,957.00
3. Southwest Civil Contracting, Inc. San Marcos, CA $526,700.00
4. DenBoer Engineering and Construction, Inc. - Thousand Palms, CA $527,000.00
5. Orion Construction Corp. - Vista, CA $547,300.00
6. Ahrens Corp San Diego, CA $599,360.00
7. NEWest Construction Co., Inc San Diego, CA $628,375.00
The apparent lowest bid of $477,420 submitted by Tamang Electric, Inc. is $7,420 or
approximately 1.5% higher than the Engineer's estimate of $470,000. The Engineer's estimate
was based on average prices for similar types of work completed during the last two years as
provided by our consultant, Boyle Engineering Corp. On November 8th, 2007 a protest was file
by Cass Construction, Inc. (the second lowest bidder) on the grounds that Tamang Electric Inc.
5-2
12/11/07, Item~
Page 3 of 4
had only listed one subcontractor. City specification call for any subcontractor that will perform
work in excess of Y2 of I percent be listed. Because this project involves such variety of
disciplines, the second lowest bidder requested that the City investigate this issue. City staff
contacted Tamang Electric, Inc. and requested proof that they were able to perform all work
necessary for this project. Tamang Electric, Inc. issued a letter assuring the City of their
capabilities and included references for each discipline. References provided by the contractor
have been reviewed and their work record found to be satisfactory. This Contractor has worked
consistently with other City's standards and State standards. The Contractor is familiar with our
City's Standards and is bound to comply with our requirements. The Contractor's license is in
good standing and is current. Cass Construction, Inc. was informed of the City's findings and
had no further issue.
Approval of tonight's resolution will also authorize City staff to expend all available funds and
increase the value of the contract as necessary due to unforeseen circumstances. Unforeseen
circumstances may cause an increase in quantities beyond what was anticipated during the
preparation of the project specifications. Due to the age of the surrounding area, unforeseen
circumstances may occur during the removal of the existing improvements and the Contractor
may find field conditions different from proposed improvement plans and specifications. As a
result, a change order for additional labor and/or material may be required to complete the
project. This is a typical situation with all underground projects built within this area.
According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract
change order aggregate amount allowable to be approved by the Director of Public Works
Operations, City Council approval is required. Under said City Council Policy, the amount
would be $47,742. However, approval of tonight's resolution will increase the Director of
Public Works Operations' authority to approve change orders as necessary up to the contingency
amount of $71,613 (an increase of $23,871). If this money is not used during construction, the
additional funds shall be returned to the original funding source - Sewer Facilities Replacement
Fund.
DISCLOSURE STATEMENT
Attached is a copy of the Contractor's Disclosure Statement (Attachment 2).
STAFF COSTS
After the advertisement of this project as a Design-Build full upgrade to the pump station,
additional staff time was necessary to reanalyze this project and to invest the appropriate amount
of funds at this location given the forecasted development of the Bayfront area and the need for
upgrading the old equipment. The rehabilitation of pump stations is not typical of the work the
City performs, consequently, staff sought the expertise of an engineering firm to help resolve the
complex issues associated with the design of the required improvement for this pump station
project. Staff also provided technical support/oversight during the design phase and managed the
project advertisementlbidding process. It is pertinent to note that Boyle Enginering is one of
three firms that have an on-call contract with the City to support the Engineering and General
Services Department for expertise and workload issues.
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.
5-3
12/11/07,IteID~
Page 4 of 4
FISCAL IMPACT
At this time, staff recommends awarding the contract in the amount of $477,420 to accomplish
the construction of the capital improvement project SW-238.
FUNDS REQUIRED FOR PROJECT
Contract Amount $477,420
Contingencies (15% of contact amount) $71,613
Total Hard Cost (T.H.C) $549,033
Consultants and Staff Time Cost
Consultant Staff Time Total % ofT.H.C.
Design/Construction Management $80,000 $40,000 $120,000 21.86%
Construction Inspection $0 $10,000 $10,000 1.82%
Environmental $0 $118 $118 0.02%
Engineering $0 $21,072 $21,072 3.84%
Structural $0 $10,000 $10,000 1.82%
Fire $0 $205 $205 0.04%
Bldg and Parks Construction $0 $55,000 $55,000 10.02%
Right of Way $0 $1,000 $1,000 0.18%
City Attomey/Finance/GIS $0 $1,000 $1,000 0.18%
Testing and Study $10,000 $0 $10,000 1.82%
Permits and Other Proiect Cost
Title Reports $0
Property Owner's Compensation $0
Miscellaneous $0
Total Soft Cost $228,394
TOTAL $777,427
FUNDS BUDGETED FOR PROJECT
A. Sewer Facilities Replacement Fund $ 777,427
TOTAL FUNDS BUDGETED FOR PROJECT $ 777,427
The project is currently funded with funds frOID the Sewer Facilities Replacement Fund and there
are sufficient funds to complete the project. There is no impact to the General Fund. Upon
completion of the project, the improvements will require only routine City maintenance.
ATTACHMENTS
Attachment 1 - Project Area Plat
Attachment 2 - Contractor Disclosure Statement
Prepared by: Roberto Yano. Sr. Civil Engineer, Engineering and General Services
M:\General Services\GS Administration\Council Agenda\SW238 G St Sewer Pump Station\SW238 Agenda 112707~FINAL.doc
5-4
.........
.........
?\>.\l?"\>.'~
,,\l\l"\l~V\>.
~/~
SW2J8 PROJECT SITE
SEWER PUMP STA TION OUTSIDE
OF THE GOODYEAR PROPERTY
DRAWN BY:
POTEN G.
DATE::
11-28-07
nTLE:
ATTACHMENT /
SAN PEDRO
SHEET 1
OF 1 SHTS.
CITY OF CHULA VISTA
G S1REET SEWER PUMP STAlKlN RaIABlUTAlION
(aP NO. 5W-238)
PROJECT FILE #SW2J8-08
PREPARED BY:
POTEN G. SAN PEDRO
APPROVED BY:
ROBERTO YANO
5-5
"'rTACHMENT ~
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Conunission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaigo contributions for a City of Chula Vista
election must be filed. The followiog information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
NONE
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investroent in the business (corporation/partnership) entity.
NONE
3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust
NONE
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigoed to represent you before the City in this matter.
NONE
5. Has any person" associated with this contract had any linancial dealings with an official"" of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_ NO-LL
NONE
17
M:\General Services\Design\SW23S\Contract CVVJI-G St Sewer PS-Pan l-FinaLdoc
5-6
If Yes, briefly describe the nature of the financial ioterest the official-- may have io this contract.
6. Have you made a contribution of mOre than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No X Yes _ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official.- of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes_ No L
If Yes, which official-- and what was the nature of item provided?
Date:
11/07/07
;1
~!*'^-
.atun a C 1 lcant
~
Abel Tamang
Print or type name of Contractor! Applicant
· Person is defined as: any individual, firm, co-partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county,
city, municipality, district, or other political subdivision, -or any other group or combination
acting as a unit.
.. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
18
M:\General Services\Design\SW23B\Contract CV\OI~G Sf Sewer PS~Part I-Final.doc
5-7
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING THE
CONTRACT FOR THE "G STREET SEWER PUMP STATION
REHABILITATION PROJECT (CIP NO. SW-238)" TO
TAMANG ELECTRIC, INe. IN THE AMOUNT OF $477,420,
WAIVING COUNCIL POLICY 574-01, AND AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS TO ISSUE CHANGE
ORDERS AS NECESSARY IN AN AMOUNT NOT TO
EXCEED $71,613
WHEREAS, City staff and the consultant fIrm of Boyle Engineering Corporation
prepared the plans, contract documents and technical specifications for "G Street Sewer Pump
Station Rehabilitation Project in the City ofChula Vista, California (CIP No. SW-238)"; and
WHEREAS, on Wednesday, November 7,2007 at 2:00 p.m., the Director of Engineering
and General Services received seven (7) sealed bids for the "G Street Sewer Pump Station
Rehabilitation Project in the City ofChula Vista, California (CIP No. SW-238)"; and
WHEREAS, the lowest bid was submitted by Tamang Electric, Inc.; and
WHEREAS, staff has reviewed references for Tamang Electric, Inc. and found them to
be satisfactory for the rehabilitation of the sewer pump station; and
WHEREAS, there are suffIcient funds in "G Street Sewer Pump Station Rehabilitation
Project in the City ofChula Vista, California (CIP No. SW-238)" to complete the job; and
WHEREAS, pursuant to Council Policy 574-01, the City Council shall consider all
change orders involving changes in the scope of the project, increases of contract amounts
greater than 1 0 percent for contracts up to $100,000, or aspects concerning the public health,
safety, or welfare; and
WHEREAS, as with all underground projects built within this area, unforeseen
circumstances and field conditions different from the proposed improvement plans and
specifIcations may occur during the removal of the existing improvements; and
WHEREAS, staff recommends that the City Council waive Council Policy 574-01 to
give the Director of Public Works the authority to approve change orders up to the contingency
amount of$71,613.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
5-8
1. That it accepts bids and awards the contract for the "0 Street Sewer Pump Station
Rehabilitation Project in the City of Chula Vista, California (CIP No. SW-238)" to
Tamang Electric, Inc. in the amount of $477,420.
2. That it waives Council Policy 574-01 and authorizes the Director of Public Works to
issue change orders as necessary in an amount not to exceed $71,613.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
y"b-~J,vC. -~ ~
Ann Moore (,;
City Attorney
H:\ENGfNEER\RESOS\Resos2007\12_11 ~07\sw238 Reso 1 REV.FrNAL-st revised by ec.doc
5-9
CITY COUNCIL
AGENDA STATEMENT
:$V!~ CITY OF
~~~~ CHUlA VISTA
December 11, 2007
Item~
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA WAIVING THE COMPETITIVE
BIDDING PROCESS AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO NEGOTIATIONS,
EXECUTE ANY LETTERS OF INTENT OR
MEMORANDA OF UNDERSTANDING WITH SAN
DIEGO FIRE AND MEDICAL DISPATCH, AND
EXPEND ANY FUNDS NECESSARY RELATED TO THE
START-UP COSTS IN ORDER TO ACQUIRE
CONTRACTED FIRE AND MEDICAL DISPATCH
SERVICES F~ lHE CITY OF CHULA VISTA
FIRE CHIE~.v f<J/I- ~
CITY MANAGER ~ I
4/5THS VOTE: YES NO X
ITEM TITLE:
BACKGROUND
On December 4,2007, the City Council approved City Manager's budget reduction plan,
which included the transfer of the Fire Department's Communications Center to another
outside agency in order to generate $740,000 in annual budgetary savings. Staff is
recommending that the competitive bidding process be waived and that the City Manager
be granted to the necessary authority to negotiate and develop a contract for Council
approval with San Diego Fire and Medical Dispatch for the provision of fire and medical
dispatch services for the City of Chula Vista, in order to implement the budget reduction
plan.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act [CEQA] and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because it does not involve a physical change to the environment; therefore,
pursuant to Section 15060[c][3] of the State CEQA Guidelines the activity is not subject
to CEQA. Thus, no environmental review is necessary.
6-1
December 11, 2007, Item~
Page 2
RECOMMENDATION
That Council adopt the resolution walvrng the competitive bidding process and
authorizing the City Manager to enter into negotiations and execute any letters of intent
or memoranda of understanding for the purpose of acquiring fire and medical dispatch
services from San Diego Fire and Medical Dispatch in order to implement the budget
reduction plan.
BOARDS/COMMISSIONS RECOMMENDATION
Not Applicable.
DISCUSSION
On December 4, 2007, the City Council approved the City Manager's budget reduction
plan, which included the proposal to contract the Fire Department's Communications
Center dispatch services to another outside agency. It is estimated that the City will
generate annual budgetary savings in the amount of 740,000 by contracting fire and
medical dispatch services.
In an effort to implement this proposal, and generate the estimated annual savings, the
City Manager is requesting Council authorization to waive the bidding process and
authorization to execute any letters of intent or memoranda of understanding for the
purpose acquiring contracted fire and medical dispatch services from San Diego Fire and
Medical Dispatch. The City Manager is requesting this authorization for the purpose of
administering the initial phases of transferring fire communication dispatch services to
San Diego Fire and Medical Dispatch, and negotiating a contractual agreement for fire
and medical dispatch services. The City Manager will return with a contractual
agreement for fue and medical dispatch services for final Council approval.
Sole Source Procurement/Bidding Process Waiver
Chula Vista Municipal Code section 2.56.070 requires that the contracts for all supplies,
equipment, and services, when the estimated cost exceeds $100,000, shall be awarded by
the City Council to the lowest responsive and responsible bidder submitting the best bid
in accordance with a competitive bidding process. Exceptions to this requirement may be
granted where there is a commodity or service available from only one known source as
the result of unique performance capabilities, compatibility requirements or market
conditions. The competitive bidding requirements may be waived by the City Council
when they are impractical, impossible, or the city interests would be materially better
served by a different purchasing process.
Staff is recommending that the formal bidding process be waived for the acquisition of
fire and medical dispatch services, and that the City Manager be authorized to enter into
negotiations with San Diego Fire and Medical Dispatch. This recommendation is based
on the following service capabilities that are uniquely being offered to the City by San
Diego Fire and Medical Dispatch:
· Dedicated dispatching staff to service City of Chula Vista calls for service
· Dedicated Fire Computer Aided Dispatch (CAD) technology for improved
dispatch performance
6-2
December 11, 2007, ItemL
Page 3
. Automatic Vehicle Location technology to enable the dispatch of closest available
units to calls for service for improved response times
. Use of dispatching procedures that are similar to those employed by the Chula
Vista Fire Communications Center (CVFCC) to ensure continuity and
performance of dispatching services
These service capabilities were found to be necessary in order to mitigate the potential
loss of dispatch performance and lessen the public safety impact to the community that
could result from contracting fire and medical dispatch services. City of San Diego Fire
Rescue Department is uniquely positioned at this time to offer the service capability
necessary to mitigate the potential loss of dispatch performance and ensure the service
delivery to the City of Chula Vista. A thorough report that discusses these capabilities
and other findings that support the recommendation to contract fire and medical dispatch
services to City of San Diego Fire Rescue Department is contained in the Fire
Department's report memorandum to the City Manager. This is provided as attachment
A.
Authorization to Negotiate a Contractual Agreement
The City Manager is requesting the authority to enter into negotiations with City of San
Diego Fire Rescue Department for the purpose of developing a contractual agreement for
the acquisition of fire and medical dispatching services. Additionally, authority to
execute any letters of intent or memoranda of understanding is also being requested in
order to administer the initial stages of transferring fire and medical dispatching services
to City of San Diego Fire Rescue Department. The initial stages of transferring fire and
medical dispatching services to City of San Diego Fire Rescue Department will involve
the following:
. Administration of start-up costs for the development of CAD interfaces and
transfers of City communications equipment necessary for the transfer of
dispatching services. The tasks related to the start-up costs need to be completed
and in place before the transition. Start-up costs to transfer dispatching services to
City of San Diego Fire Rescue Department are estimated to be $400,035.
. An interim agreement to potentially acquire the services of City of San Diego Fire
Rescue Department personnel to work in the CVFCC in the event that CVFCC
personnel leave City employment before the transition is completed. The services
of City of San Diego Fire Rescue Department will be necessary in order to sustain
dispatch operations and service to the community.
Upon completion of negotiations with City of San Diego Fire Rescue Department, the
City Manager will return to Council with a contractual agreement for final Council
approval.
December II, 2007, Item-LtL-
Page 4
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)(1 ) is not applicable to this decision.
FISCAL IMP ACT
There is no fiscal impact to the General Fund as a result of adopting this
recommendation. The one-time start-up costs for transferring dispatching operations from
the City of Chula Vista to City of San Diego Fire Rescue Department will be paid from
projected salary savings from the closure of the Chula Vista Fire Communications
Center. Staff will return to obtain Council approval to transfer savings to appropriate Fire
Department budget accounts to pay for the one-time start-up costs as soon as such costs
are finalized.
A TT ACHMENT A: Memo - Fire Communications Service Final Recommendation
J\Anomey\JDA WSON\Agenda Statemems\Waiving the bidding process for Dispatch services.doc
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST A WAIVING THE COMPETITIVE BIDDING
PROCESS AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO NEGOTIATIONS, EXECUTE ANY LETTERS
OF INTENT OR MEMORANDA OF UNDERSTANDING WITH
CITY OF SAN DIEGO FIRE RESCUE DEPARTMENT, AND
EXPEND ANY FUNDS NECESSARY RELATED TO THE
START-UP COSTS IN ORDER TO ACQUIRE CONTRACTED
FIRE AND MEDICAL DISPATCH SERVICES FOR THE CITY
OF CHULA VISTA
WHEREAS, on December 4, 2007 the City Council approved City Manager's budget
reduction plan, which included the transfer of the Fire Department's Communications Center to
another outside agency in order to generate $740,000 in annual budgetary savings; and
WHEREAS, immediate implementation of the budget reduction plan is necessary to
generate the estimated savings; and,
WHEREAS, by its vote, the Council stated its desire and intent to outsource the Fire
Department's Fire Communications Center; and,
WHEREAS, the Chula Vista Fire Department staff evaluated the capabilities of two
outside agencies to provide contracted fire and emergency medical dispatch services to the City
ofChula Vista; and,
WHEREAS, based on its evaluation, Chula Vista Fire Department staff determined that
City of San Diego Fire Rescue Department uniquely possessed the service capability through its
technology, dispatching procedures, and the staff would be specifically dedicated to serve the
needs of the City ofChula Vista; and,
WHEREAS, the service capabilities possessed by City of San Diego Fire Rescue
Department are necessary to mitigate any loss of dispatch performance that may occur as a result
of contracting fire and emergency medical dispatch services to an outside agency where a loss in
dispatch performance would result in an adverse impact to the citizens of the community; and,
WHEREAS Chula Vista Municipal Code section 2.56.070 requires that the contracts for
all supplies, equipment, and services, when the estimated cost exceeds $100,000 shall be
awarded by the City Council to the lowest responsive and responsible bidder submitting the best
bid in accordance with a competitive bidding process, except where there is a commodity or
service available from only one known source as the result of unique performance capabilities,
compatibility requirements or market conditions, or the competitive bidding requirements is
waived by the City Council when they are impractical, impossible, or the city interests would be
materially better served by a different purchasing process; and,
J:\AttomeyIRESOIFlREIWaiving bidding process for Dispatch Serviccs_12-11-07 revised,doc
_ _.__M', ..._. __ _ ."" ......_..~'",..,.__." _.~._..____.._ ,_
---,,~-"-"-"- -....--....--.----------
Resolution No. 2007-
Page 2
WHEREAS, it has been detennined that the transfer of the Chula Vista Fire
Communications Center to City of San Diego Fire Rescue Department is the most practical and
cost effective, yielding the estimated $740,000 annual budgetary savings and in the best interests
of the City as result of the service capabilities uniquely available through City of San Diego Fire
Rescue Department; and,
WHEREAS, it is anticipated that the annual contract to transfer the service will be
approximately $460,000 a year with a one-time start-up expense of $400,035 for installation of
communications equipment and development of computer aided dispatch (CAD) interfaces
necessary to successfully complete the transfer of dispatching services to City of San Diego Fire
Rescue Department; and
NOW, THEREFORE BE IT IS RESOLVED THAT the City Council waives the
competitive bidding requirements set forth in Chula Vista Municipal Code sections 2.56.070 and
2.56.080 as they relate to the transfer of the City's Fire Communications Center from City staff
to another agency because competitive bidding would be impractical given the short time frame
required to provide the budgetary savings needed; and
NOW, THEREFORE BE IT FURTHER RESOLVED THAT the City Council finds that
the City interests would be best served by entering into an agreement with City of San Diego
Fire Rescue Department as result of the service capabilities possessed by City of San Diego Fire
Rescue Department in the areas of technology, dispatching procedures, and dispatching staff that
will be specifically dedicated to serve the citizens of the City of Chula Vista; and
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City Council
authorizes the City Manager or his designee to enter into negotiations with City of San Diego
Fire Rescue Department to provide fire and emergency medical dispatching services, to execute
any letters of intent or memoranda of understanding, and to expend any funds necessary related
to the start-up costs required to negotiate and/or facilitate the transfer of fire and emergency
medical dispatching services from the City of Chula Vista to City of San Diego Fire Rescue
Department.
BE IT FURTHER RESOLVED THAT the City Council directs the City Manager to
return to Council for final approval of a contractual agreement for fire and emergency medical
dispatching services with City of San Diego Fire Rescue Department.
Presented by:
Approved as to fonn by:
Douglas A. Perry
Fire Department
~1ptJ~r
nn Moore
CIty Attorney
J:\Atlorncy\RESO\FIRE\Waiving hidding process for Dispa\ch Scrvices_12-11-07 rcvised.doc
Attachment A
~{f?
:: ---~ :
~--~--
~ -~-
ellY OF
CHUlA VISTA
CHULA VISTA FIRE DEPARTMENT
MEMORANDUM
DATE: November 8,2007
TO: David Garcia, City Manager
FROM: Douglas Perry, Fire Chief
SUBJECT: Fire Communications Service Final Recommendation
Staff has completed its research and assessment of the options that are
available to the City of Chula Vista Fire Department for the contracting of fire and
medical dispatch services. The Fire Department assessed the services provided
by Heartland Communications Fire Authority (HCFA) and San Diego Fire &
Medical Dispatch (SDFMD) as the two main agencies for the possible provision
of fire and medical dispatch services to the City of Chula Vista.
BACKGROUND:
HCFA was established in 1987 and provides public safety fire and medical
dispatch and communications services for 12 JPA (Joint Powers Agreement)
member agencies and 3 Contract agencies. Heartland currently dispatches
approximately 52,200 calls annually and handles nearly 118,500 phone calls.
SDFMD currently provides fire and medical dispatch service to 46 fire stations
within the City of San Diego and 3 fire stations in the City of Poway (as a contract
agency). SDFMD currently dispatches approximately 108,500 incidents annually
and processes nearly 140,000 emergency phone calls.
Findings/Recommendation:
Based on the assessment of these two agencies, I am recommending that fire
and medical dispatch services be contracted to San Diego Fire & Medical
Dispatch. This recommendation is based on the following findings:
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Technology
HCFA and SDFMD offer true fire based computer aided dispatch systems. Both
of these CAD systems offer capabilities that the City's CAD does not offer nor is
capable of offering even with significant enhancements. These capabilities
include the following:
· CAD Integrated Mapping
. CAD Driven MDC Mapping
· Multi-Fire Agency Operability
. End User Flexibility
. Resource Move-up
· Software Enhancement Capability
Both agencies are currently projected to be part of the regional CAD
Interoperability Project that will implement a CAD interface connecting the
following communication centers: HCFA, SDFMD, North Comm and Monte Vista.
The implementation of this interoperability project will help to eliminate the
current lag time and delays when requested automatic aid and other resources
from different fire communication centers. This interoperability project is
projected to be completed within the next 18 months. The City of Chula Vista is
not currently part of this project and would benefit from contracting with an
agency that will offer this service enhancement in the near future.
Further comparison of the HCFA and the SDFMD CAD systems revealed the
SDFMD CAD system offered additional enhanced technology and integrated live
routed mapping capabilities that distinguished it from HCFA as the preferable
agency. The enhanced technology that the City would benefit from by
contracting with SDFMD included the following:
· "Tier one" (CAD) - a CAD system that is highly customizable and able to
adjust to the changing needs of the agency. Advanced Life Support
Services (ALS) and Basic Life Support Services (BLS) dispatch tiers are
operational within San Diego's CAD. If Chula Vista Fire continues to
provide BLS or offers ALS level EMS (paramedic engine companies)
service in the future, San Diego's CAD is currently capable of those
service models.
· Automatic Vehicle Location with dynamic Live-Routing (AVL) - this
ensures that the closest, most appropriate unit is selected for the incident
and reduces response times as compared to static geographic based
dispatching that is currently in place with CVFCC and HCFA.
· Mobile Data Computers (MDCs) with Integrated Mapping - Provides
the responding units with instant incident information and live CAD map
routing. Units will receive turn-by-turn directions to the incident.
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Responding units will be able to see each other on the MDC map, which
enhances first responder safety. Additionally, units will be able to see who
will be first in to an incident aiding in command and control. This means
better customer service to our internal and external customers. We will get
to incidents faster with a higher degree of safety.
. CAD Driven Incident Timers - Alerts the dispatchers of key incident
times (Le. 20 minute clock), which can be relayed to the incident
commander at pre-determined time thresholds which enhances firefighter
safety .
. PRO QA EMD Software - San Diego will provide the exact same
automated triage service employed for dispatching of medical calls
currently employed by Chula Vista.
. Fire RMS - San Diego's current CAD system will allow for a closed record
download to Chula Vista Fire Department's existing FireHouse Records
Management Software (RMS) system with no disruption to the current
historical database.
. Remote CAD - This feature allows for CAD accessibility at special events
or incident command posts. It allows for a remote dispatcher to handle all
incidents related to an event without impacting the normal operation of the
dispatch center. It has been used in San Diego for Mardi Gras, Rock and
Roll Marathon, Street Scene and 4th of July.
. 3 C's Project - Communications, Command, and Control video
conferencing equipment is currently operational in San Diego's
Communications Center, fire headquarters, Department Operations
Center and the shift commander's vehicle. Capabilities for helicopter
downlinks and face-to-face meetings via this region-wide data link provide
for increased communication during a major incident.
. San Diego/AMR Interface - San Diego will add an American Medical
Response (AMR) CAD interface so there is no delay in dispatching AMR.
This will be an important feature as the City of Chula Vista contracts with
AMR for advance life support and ambulance transport services.
Emergency Medical Dispatching (EMD) Procedures
HCFA uses a manually operated flip-card EMD system that does not provide for
any call downgrading. HCFA has access to a CAD driven PRO QA software
system (similar to Chula Vista Fire Communications Center (CVFCC) and
SDFMD), but they have chosen not to implement this CAD driven option. The
manual flip-card system and lack of call downgrading will result in Chula Vista
Fire resources responding on calls that are currently downgraded through
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CVFCC. In many cases, these calls can be downgraded and handled by either
Advanced Life Support (ALS) or by Basic Life Support (BLS) ambulance.
The elimination of call downgrading will increase the Chula Vista Fire
Department's overall call volume by 15 - 20% that will lead to the degradation of
available resources to respond to other 9-1-1 calls within the city. This is
significant as approximately 70% of the City's calls for service are medical
emergencies.
The JPA that governs HCFA would have to approve an operational change if
HCFA were to implement their CAD driven PRO OA software and provide for
pre-established and nationally recognized call downgrading. Currently there is
only one other agency within HCFA that has requested CAD driven PRO OA
medical dispatching and subsequent call downgrading. This implementation
would require a vote of the JPA members and board approval. On the other
hand, SDFMD will provide the exact same triage service currently employed by
Chula Vista, as their EMD procedures are similar. The current practice call
downgrading and the three current levels of service will be maintained. San
Diego's Medical Director, Dr. Jim Dunsford will support the City's EMD efforts.
Financial Impact
The City would generate ongoing annual budgetary savings if it contracted fire
and medical dispatch services. Analysis of the cost proposals received from both
agencies consisted of the initial start-up costs that would be incurred by Chula
Vista in order to transfer dispatch services, and the required annual ongoing
costs for contracting dispatch services. The contracting out of dispatch services
to HCFA or SDFMD will result in required one-time expenditures. The incursion
of these costs by the City will impact potential FY 2007-08 savings; therefore, the
majority of the savings would not be realized until FY 2008-09.
HCFA submitted two cost proposals to the City. The first cost proposal was for
the City to acquire dispatch services from HCFA as a contract agency. Under
this proposal the City would pay substantially less start-up costs, as the City
would forgo paying the initial JPA agency buy-in cost in the amount of $333k.
The total start-up costs under this proposal total $69k, but are offset by
substantially higher ongoing dispatch service cost of $781k. The total ongoing
yearly savings would be $418K if the City acquired fire and medical dispatch
services as a contract agency.
Under the second proposal submitted by HCFA, the City would acquire dispatch
services as a JPA agency member. Under this proposal, the City would have to
pay start up costs that would include the initial JPA agency buy-in cost in the
amount of $333k in addition to the other start up costs in the amount of $69k for
a total amount of $402k. The ongoing dispatch service cost under this proposal
is $523k and would result in an annual savings of $677k. As a JPA member, the
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City of Chula Vista would generate approximately 21.79% of HCFA's total call
volume. Per the JPA agreement, the City would be financially responsible for
approximately 21.79% of HCFA's annual operating expenses as well as any
future capital improvement related projects such as acquiring property, facility
construction, leasing of public buildings, equipment cost, staffing and vehicles
expenses.
As a JPA member generating 21.79% of HCFA's revenue stream, the City of
Chula Vista would receive 1 vote out of 13 overall votes on any managerial,
technological, financial and/or operational related issues or decisions. For
example, the City of Chula Vista's voting power would be the same as that of the
Bonita Sunnyside Fire Protection District, which has one fire station and only
pays approximately $56,000 compared to the potential City of Chula Vista
payment of $523k per year.
The cost proposal submitted by SDFMD consisted of one-time start-up costs in
the amount of $400k and ongoing dispatch service contractual costs of $460k.
The annual ongoing savings under this proposal are estimated to be $740k
exceeding the HCFA proposal by $62.7k. The majority of the one-time start-up
costs ($215.5k) for the SDFMD proposal consist of the costs related to relocating
the Regional Communication System (RCS) radio equipment from the CVFCC to
the San Diego Dispatch Center. This will enable the necessary communications
operability for SDFMD to provide dispatching services to the City of Chula Vista.
A summary of these costs is provided in the following table:
Table 1:
Financial Impact Summary:
Fire Dispatch Aaencv
HCFA San DieQo
Contract
Cost Summarv JPA Member AQencv SDFMD
One-time Start-UD Costs $402,065 $68,995 $400,035
Annual Onooino Costs $522,726 $781,081 $460,000
Total Costs $924,791 $850,076 $860,035
CVFCC Annual Costs 1,200.000 1,200,000 1,200.000
Estimated Onaaina Savinas $677 ,27 4 $418,919 $740,000
A more detailed summary of these costs and budgetary impacts is contained in
attachment 1.
5
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Other Benefits
The transfer of the Regional Communication System (RCS) Radio equipment
would provide for the continued use of our primary radio system. In addition, the
transfer of this equipment will result in a win/win situation for the City of Chula
Vista and the City of San Diego because both agencies would gain backup 800
KHz radio systems that would be operated out of one communication center with
one common CAD.
Moreover, if San Diego were to acquire RCS capabilities, this would lead to a
strengthening of regional fire communications. Based on the analysis of potential
savings SDFMD is the preferred agency for the contracting of fire and medical
dispatch services.
Staffing
Both HCFA and SDFMD have the adequate staffing resources to deliver fire and
medical dispatch services to the City of Chula Vista. Each agency will add staff
in order to support the additional call volume if they are awarded the contract to
dispatch for the City of Chula Vista. HCFA will add three additional staff
positions and SDFMD will add four additional staff positions if awarded the
contract. The staffing configuration for HCFA totals 18 and consists of the
following positions:
. 1 Communications Manager
. 1 Systems Manager
. 1 IT person
. 4 Dispatch Supervisors
. 8 Dispatchers
. 3 part time Dispatchers
Staffing for SDFMD totals 69 and consists of the following positions:
. 1 Communications Manager
· 3 Emergency Resource Officers (24 Hour Fire Captains)
· 2 Alternate Emergency Resource Officers
. 2 Fire Dispatch Administrators
· 5 Dispatch Supervisors
. 29 Fulltime Dispatchers
. 6 Part time Dispatchers
· 1 Quality Assurance Manager
· 11 Information Technology Services (ITS) Staff
· 8 System Status Controllers (Rural Metro EMT Dispatchers)
· 1 Administrative Secretary
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Although both agencies possess the necessary staffing resources to deliver
dispatching services, additional review of SDFMD staffing revealed that SDFMD
possessed additional staffing resources with enhanced service capability that
would benefit the City if it were to contract with SDFMD for dispatching services.
These included:
. Accreditation by the National Academies of Emergency Dispatch.
. A dedicated dispatch position whose only responsibility will be to dispatch
for the City Of Chula Vista.
. 24-hour Uniformed Emergency Resource Officers (Fire Captains) in the
SDFMD center to insure that the critical operational needs of field units
and Incident Commanders are continuously monitored and addressed in a
proactive manner.
Based on the analysis of staffing capabilities SDFMD is the preferred agency for
the contracting of fire and medical dispatch services.
Dispatch Performance/Service to the Customer
Analysis of dispatch performance as measured by the amount of time it takes to
dispatch a priority emergency call was the key component for evaluating the two
prospective agencies for the contracting of fire and medical dispatch services.
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 the
contracting of dispatch services. Longer response times resulting from longer
dispatch times will have a direct negative impact on service delivery to the
citizens of the City of Chula Vista. Longer dispatch times will also affect the Fire
Department's ability to meet the Growth Management Oversight Committee
response time threshold of responding to 80% of the emergency response calls
for service within 7.0 minutes.
In order to estimate this potential impact, dispatch performance data from both
HCFA and SDFMD was requested. This data was analyzed to determine the
average dispatch time for each agency in order to compare against CVFCC
dispatch performance levels. For the purpose of this analysis, the dispatch time
was defined as the amount of time elapsed from the time an emergency call for
service is routed to the dispatch position, to the time the responding unit is
notified. The average dispatch times in seconds from each agency are
summarized in the following table:
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Table 2:
Summary of Average Dispatch Response Times:
FIRE DISPATCH AGENCY
CVFCC HCFA SDFMD
15 sec. 44 sec. 25 sec.
Comparison of the dispatch response times indicates that the dispatch time
performance will decrease if dispatching services are contracted to either HCFA
or SDFMD. Table 2 indicates that this decrease in dispatch performance is
estimated to be 29 and 10 seconds respectively, if dispatching services were to
be contracted to HFCA and SDFMD.
Thus being the case, the issue evolves into identifying which agency has the
lesser performance level gap and which agency is better positioned to mitigate
the performance gap. Determining which agency has the capability to decrease
this gap is important in order to mitigate longer total response times. Analysis of
the resource capabilities offered by HCFA and SDFMD revealed that SDFMD
was better positioned to mitigate a dispatch performance gap for the following
reasons:
· SDFMD will adopt the same dispatching procedures that are currently
employed at the CVFCC in order to ensure that City of Chula Vista first
response units are dispatched as they currently are.
· SDFMD will employ its AVL capabilities that will enable the closest first
response units to be dispatched to calls for service.
· SDFMD's CAD mapping capabilities will allow the Chula Vista Fire
Department the flexibility to continuously refine response routes to aid in
minimizing response times.
Ensuring Service Delivery
The recommendation to contract dispatching services from the CVFCC to
SDFMD will allow the City to transition a vital public safety function and generate
a substantial continual budgetary savings. The Fire Department estimates that
any potential impact to services to the community with respect to this transition
can be mitigated by the service level capability that will be acquired at SDFMD.
However, it will be necessary for the Fire Department to commit a measurable
amount of time and staff resources in order to ensure that this transition of
dispatching services is accomplished in a manner that results in optimal service
delivery for everyone affected. The customer relationship with SDFMD will also
have to be continuously monitored in order to sustain service levels for Fire
Department operations and the community. The new tasks that will have to
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undertaken in order to make this transition successful and sustain ongoing
operations includes the following:
. Handle dispatch inquiries - oversight and resolution of inquiries generated
by units in the field.
. Oversight of Chula Vista Fire Department interests specific to RCS
fleetmap.
. Oversight of portable and mobile radio cache, maintenance, programming.
. Handle operational issues - operational response issues that may arise
such as incorrect run cards, AVL issues, and changes to response levels.
. Manage technology and interface upgrades and improvements such as
future CAD enhancements, Data field enhancements for purposes of
reporting.
. Provide training for CVFD - initial and ongoing training with respect to
MDC's, AVL, and response procedures.
. GIS, Mapping and MDC information and upgrades - oversight of GIS
streetloads, mapping data, and MDC data uploads.
. Represent at monthly RCS meetings - maintain Chula Vista specific RCS
interests.
. Represent our cities interest during second alarm or larger responses -
operational decisions related to Chula Vista Fire Department needs during
significant emergencies. Coordination between dispatch and commanders
in the field.
. Attend regional operational meetings - represent interests specific to
Chula Vista on a regional basis such as radio communications, resource
requests, move-ups, strike teams, other operational policies.
. Assist in developing a zone 3 operations manual - ensure Chula Vista
Fire Department interests are met.
. Attend San Diego monthly FCC operational meetings
. Attend San Diego bi-monthly FCC zone chiefs meetings
In order to ensure that the transition and ongoing service delivery from SDFMD is
successfully accomplished; it is strongly recommended that the Deputy Fire Chief
position that is set to be reduced, be reinstated from the budget reduction list.
The reinstatement of this position to the budget will enable the Fire Department
to have the necessary staff resources to achieve the desired results by managing
risks that could potentially jeopardize the successful transition and the continual
important oversight of dispatching services. The reinstatement of this position
will also allow the department to continue to perform other important
management tasks that are necessary to support departmental operations.
Strong consideration of this recommendation is requested.
Additional Considerations
The recommendation to contract dispatch services will impact the citizens of the
community and fire operations. The City's current fiscal environment afforded the
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opportunity to weigh additional factors and potential opportunities concerning the
present and future status of the CVFCC. In addition to the analysis supporting
the recommendation to contract fire and medical dispatch to SDFMD, the
following factors with respect to the CVFCC were also assessed:
· The current fiscal environment will not afford opportunity for the Fire
Department to acquire a fire CAD that would enable the CVFCC to attain
full fire dispatch capability.
· The City lacks the financial resources to hire the two additional dispatch
supervisor positions necessary to attain the necessary staffing levels to
provide for the nighttime shifts.
· The City is currently not in line to receive the necessary state and federal
funding that would enable the CVFCC to attain the regional inter-
operability that would allow it to successfully compete for dispatching
contracts from other jurisdictions.
Mitigation of Investment Loss
In 2003, the initial capital investment outlay that was made by the City to
establish the CVFCC totaled $2.2 million. The Fire Department estimates that
approximately $923k of the equipment assets initially purchased for the
establishment of the CVFCC will remain in use by either the Fire or Police
departments if dispatch services are contracted to SDFMD. Three radio
consoles valued at $480k are among the most important assets that will continue
in service, as these will be relocated to SDFMD.
The Fire Department is confident that it can successfully execute the transfer of
fire and medical dispatching services to SDFMD if the direction is given to do so.
I am available to further discuss this recommendation at your convenience.
Attachment
Dispatching Services Contract Cost Comparison
10
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RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE BIDDING
PROCESS AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO NEGOTIATIONS, EXECUTE ANY LETTERS
OF INTENT OR MEMORANDA OF UNDERSTANDING WITH
SAN DIEGO FIRE AND MEDICAL DISPATCH, AND EXPEND
ANY FUNDS NECESSARY RELATED TO THE START-UP
COSTS IN ORDER TO ACQUIRE CONTRACTED FIRE AND
MEDICAL DISPATCH SERVICES FOR THE CITY OF CHULA
VISTA
WHEREAS, on December 4, 2007 the City Council approved City Manager's budget
reduction plan, which included the transfer of the Fire Department's Communications Center to
another outside agency in order to generate $740,000 in annual budgetary savings; and
WHEREAS, immediate implementation of the budget reduction plan is necessary to
generate the estimated savings; and,
WHEREAS, by its vote, the Council stated its desire and intent to outsource the Fire
Department's Fire Communications Center; and,
WHEREAS, the Chula Vista Fire Department staff evaluated the capabilities of two
outside agencies to provide contracted fire and emergency medical dispatch services to the City
ofChula Vista; and,'
WHEREAS, based on its evaluation, Chula Vista Fire Department staff determined that
San Diego Fire and Medical Dispatch uniquely possessed the service capability through its
technology, dispatching procedures, and the staff would be specifically dedicated to serve the
needs of the City ofChula Vista; and,
WHEREAS, the service capabilities possessed by San Diego Fire and Medical Dispatch
are necessary to mitigate any loss of dispatch performance that may occur as a result of
contracting fire and emergency medical dispatch services to an outside agency where a loss in
dispatch performance would result in an adverse impact to the citizens of the community; and,
WHEREAS Chula Vista Municipal Code section 2.56.070 requires that the contracts for
all supplies, equipment, and services, when the estimated cost exceeds $100,000 shall be
awarded by the City Council to the lowest responsive and responsible bidder submitting the best
bid in accordance with a competitive bidding process, except where there is a commodity or
service available from only one known source as the result of unique performance capabilities,
compatibility requirements or market conditions, or the competitive bidding requirements is
waived by the City Council when they are impractical, impossible, or the city interests would be
materially better served by a different purchasing process; and,
J:\Altomey\RESO\FIRE\Waiving bidding process for Dispatch Scrvices_12-1 1-o7.doc 6 -1 5
Resolution No. 2007-
Page 2
WHEREAS, it has been determined that the transfer of the Chula Vista Fire
Communications Center to San Diego Fire and Medical Dispatch is the most practical and cost
effective, yielding the estimated $740,000 annual budgetary savings and in the best interests of
the City as result of the service capabilities uniquely available through San Diego Fire and
Medical Dispatch; and,
WHEREAS, it is anticipated that the annual contract to transfer the service will be
approximately $460,000 a year with a one-time start-up expense of $400,035 for installation of
communications equipment and development of computer aided dispatch (CAD) interfaces
necessary to successfully complete the transfer of dispatching services to San Diego Fire and
Medical Dispatch; and
NOW, THEREFORE BE IT IS RESOLVED THAT the City Council waives the
competitive bidding requirements set forth in Chula Vista Municipal Code sections 2.56.070 and
2.56.080 as they relate to the transfer of the City's Fire Communications Center from City staff
to another agency because competitive bidding would be impractical given the short time frame
required to provide the budgetary savings needed; and
NOW, THEREFORE BE IT FURTHER RESOLVED THAT the City Council finds that
the City interests would be best served by entering into an agreement with San Diego Fire and
Medical Dispatch as result of the service capabilities possessed by San Diego Fire and Medical
Dispatch in the areas of technology, dispatching procedures, and dispatching staff that will be
specifically dedicated to serve the citizens of the City ofChula Vista; and
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City Council
authorizes the City Manager or his designee to enter into negotiations with San Diego Fire and
Medical Dispatch to provide fire and emergency medical dispatching services, to execute any
letters of intent or memoranda of understanding, and to expend any funds necessary related to the
start-up costs required to negotiate and/or facilitate the transfer of fire and emergency medical
dispatching services from the City ofChula Vista to San Diego Fire and Medical Dispatch.
BE IT FURTHER RESOLVED THAT the City Council directs the City Manager to
return to Council for final approval of a contractual agreement for fire and emergency medical
dispatching services with San Diego Fire and Medical Dispatch.
Presented by:
Approved as to form by:
.~
Douglas A. Perry
Fire Chief
1:\Allomey\RESOlFlRE\Waiving bidding process for Dispatch Services_12-11_07.doc
6-16
Douglas A. Perry
Fire Chief
Jim Geering
Deputy Fire Chief
(619) 409-5858
Jim Wenzel
Deputy Fire Chief
(619) 409-5482
Pablo Qullantan
Admin. Svcs. Mgr.
(619) 585-5693
Alicia Hernandez
Admin. Secretary
(619) 409-5837
Administration
Date: December 11, 2007
To:
Honorable Mayor and City Council Members
Douglas A. Perry, Fire Chief \)~~
From:
RE: Item #6 for December 11,2007 City Council Agenda
Please be advised that the Agenda Statement and Resolution submitted to you
on Thursday, December 6,2007, regarding the above-referenced item contained
reference to San Diego Fire and Medical Dispatch. We have been notified by
that agency that the proper and legal title of the agency is City of San Diego
Fire Rescue Department. It is the same agency. This memorandum is to
provide you with notice of the correct legal title. The resolution will be revised to
reflect the correct name, and processed accordingly.
Thank you for your attention to this matter.
DAP:ah
447 "F" Street
Chula Vista, CA 91910
",.,.".,.....,."..,..lWalaa
Providing Peace of Mind
" From October 23 through October 27,
AMR deployed an average of 8
additional ambulances per day and
performed a total of almost 500 hours of
First Response coverage.
..
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Providing More than Medical Care
AMR continues its
support of the Child
Link program,
participating in 26
events reaching a total
of approximately 5,200
children in the past
year. ...
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Providing More than Medical Care
Since September 2006:
"AMR has donated over 200 hours of
ambulance service to community
events.
"AMR has provided almost 150 hours of
medical coverage for other special
events in the city.
..
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Providing More than Medical Care
"AMR re-stocks the Chula Vista Fire
Department's medical supplies.
"AMR transports and disposes of
bio-medical waste at no cost to the city.
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p,nn,,,ln Public S'IIIY
.AMR automatically includes a Paramedic
Supervisor response to multi-patient and large
scale incidents.
-AMR automatically dispatches a Paramedic
Supervisor and ambulance response to
working structure fire incidents and upon
Incident Command request.
..
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Ambulllce Rltl Primer
Current Emergency
Ambulance Rate
$512.66
Proposal: Ensure
continued excellence
and partnership with a
gradual rate increase to
$650.00.
-Substantial change from original straight.rate proposal
-3 years without rate increase within existing contract
-
_.-,..,,,-,.....,-
Chul, 'im 'ndINI:
p,nn,,, in Public S'IIIY
-AMR performs all medical services, community
education and other functions with no subsidy
from the City of Chula Vista and at no cost to
the City.
-All costs are borne by users of the EMS
system.
..
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Ambulance Rltl eemparlsens
$650.00 = Proposed Rate in Chuta Vista
$447.62 = Current non-emergency rate in Chufa Vista
$865.00 = Emergency Rate in San Diego
$963.74 = Emergency Rate in National City
$1,248.00 = Average Emergency Rate in California
~.
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Risk Assumed by AMR
. AMR's rate proposal includes a 7% increase
for the next five years, locking in our rates
independent of inflation, service additions and
City growth.
. The proposed increase will net only 2%
additional cash.
_.
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Changing Trends - Changing Risks
Growth in Transport Rates is declining
EMS delivery is becoming more evidence4based
Centers of Excellence and Consolidation of ED's are
impacting task times
.
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Summary
. More than a contractor - a Partner in Public Safety
. Provides for rates which will provide a sustainable
EMS system.
. Provides sensitivity to current year rate increase while
maintaining sustainability of public safety network
. Shelters City from vagaries of Healthcare Finance
. Maintains rates in the lower 30% of rates in Southern
California and California as a whole.
.....
--.--.--
4
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Thl Chala Vista Flrl DIPanmlnt and
Amlrlcal Medical ResPlnsl:
PARTNERS IN PUBliC SAFETY
..
Dlclmber11,2011
Currenl Condlllons
#llll/lIIm.""""",."'1M<<T
'AMR is required to operate 5
ambulances in Chula Vista.
'AMR currently has 7 ambulances
serving the people of Chula Vista, a 40%
increase in resources since 2002 to
accommodate the growth and
development of the City.
-
~~~~
flIH1UIIm.IIII:fM1Mn"'''''''*1IfIIY
Currenl CondllionS
'The City of Chula Vista has partnered
with AMR to provide emergency medical
care since 1980.
'AMR responds to over g,OOO 9-1-1 calls
for service in Chula Vista annually.
'AMR consistently meets and beats the
response time requirements in our
contract. ..
......AIII:,.".."III,.,,__
Providing Peace of Mind
..~=
,
During the October
2007 Firestorm, AMR
was proud to provide
enhanced First
Response Medical
Services to the City of Chula Vista,
allowing your fire crews to battle the
raging blazes.
...
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I
CITY COUNCIL
AGENDA STATEMENT
::s'Yf::. CITY OF
~---- CHULA VISTA
Item No.: """1
Meeting Date: 12-11-07
ITEM TITLE:
CONSIDERATION OF REQUEST FOR DESIGNATION OF 201
"I" STREET AS mSTORlC SITE #74 - THE OTTO J.
ELLlNGHAUS HOUSE.
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING 201 "I" STREET AS A
mSTORlC SITE AND PLACING 201 "I" STREET, THE OTTO
J. ELLlNGHAUS HOUSE, ON THE CITY OF CHULA VISTA
LIST OF mSTORlC SITES IN ACCORDANCE WITH
MUNICIPAL CODE SECTION 2.32.070(A). ..dJ4--
DIRECTOR OF PLANNING AND BUILDING /r
CITY MANAGER .I~\\\J
ASSIST ANT CITY ~N~GER ,>---r-
REVIEWED BY:
4/5THS VOTE: YES
NO X
BACKGROUND
The property owners, Angelo and Sherrie Miranda, have requested that their property 20 I
"I"Street, the Otto J. Ellinghaus House, be considered for inclusion on the Chula Vista List of
Historic Sites for it's distinctive architecture. (Attachment I) Staff has researched the history of
the property and has determined that the house meets at least one of the local criteria for
designation.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has determined that this program is exempt in
accordance with the California Environmental Quality Act (CEQA), Section 15331, Class 31,
Historical Resources Restoration and Rehabilitation.
7-1
Date, Item No.: -q:
Meeting Date: 12-11-07
Page 2 of 4
RECOMMENDATION
Staff recommends that the City Council find that 201 "1" Street meets the local criteria for
designation of a historic site and therefore should designate 201 "1" Street, the Otto 1. Ellinghaus
House, as Historic Site #74 on the City ofChula Vista List of Historic Sites.
BOARDS/COMMISSION RECOMMENDATION
The Resource Conservation Commission (RCC) recommends that the City Council designate
201 "I" Street as a historic site. (Attachment 2)
DISCUSSION
Municipal Code Authority
In accordance with Section 2.32.070 of the City of Chu1a Vista Municipal Code, the RCC shall
recommend to the City Council the designation of any site, which it has found to meet the local
criteria as a historical site.
Historic Designation Criteria
In order to qualify for designation, a site must meet as least one of the following criteria, listed
below and further explained in Attachment 3.
1.) Associated with important past events.
2.) Associated with significant persons.
3.) Distinctive architecture.
4.) Yields important historical or pre-historical information.
Historical Context
This home is located at the northwest comer of Second Avenue and "I" Streets. (Attachment 4)
This home is one of several lots of the Sumner Subdivision, one of the earliest subdivisions in
Chula Vista. Chester A. Sumner was one of the first City Marshall's of the City ofChula Vista
and at the same time held the position of City Tax Collector. Mr. Sumner, acquired and
subdivided this area of Chula Vista into several moderately sized lots, each approximately 8,700
square feet in size. As one of the earlier subdivisions in Chula Vista, Mr. Sumner took his lead
from the prestigious 600 block of Del Mar, where many prominent businessmen and other
historically significant persons built their homes. He constructed an enclave of several Spanish
sty Ie homes within his subdivision, which became the properties or homes of several important
Chula Vista families. His own home, 209 "I" Street, the Sumner-Lee home, is Historic Site #52
and is located immediately to the west of the subject site at 201 "I" Street.
Architectural Style
Tudor architecture is loosely based on early English building traditions ranging from simple to
palatial. Built in 1937 by the A.L. & A.E. Dennstedt Building Company, the same builders that
built the El Primero Hotel in Chula Vista, 201 "I" Street would best be described as a stucco wall
7-2
Date, Item No.: 1-
Meeting Date: 12-11-07
Page 3 of 4
cladding Tudor. This home was not included in the 1985 Historic Resources Inventory, however,
the homeowner and staff have researched the property extensively to identify it's architecture
and significance, as described below. (Attachment 5)
Distinctive Architectural Features of the Site (Criteria #3)
This home has decorative false timbering detail. It is an asymmetrical structure with two
sections. The front section consists of two highly pitched gables off-set to the left. The front
gable includes the decorative timbering and the inset gable includes three round external vents
and the front entryway. The gable ends at the rear of the property each have similar external
vents. The second section comprises a majority of the living space of this home. It consists of a
clipped gabled roof, a very tall semi-external chimney, with a modest chimney top elaboration
and three street facing, tall narrow multi-paned casement windows. All windows and materials
of the primary structure appear to be original.
An 898 square foot addition was made to this home in 1995. The construction included the
addition of a family room on the first floor and conversion of the attic into living space (master
bedroom). The new construction was done in a manner that is appropriate to the historic
character of the original structure, as it was built in a manner that complements the historic
character and preserves the significant historic elements of the structure.
Significance of the Site
To determine significance ofa site, staff researches and evaluates information on the property,
such as: when the structure was built, the architectural style of the structure, how much of the
original architectural integrity remains, any historic events or circumstances that may be
associated with the property or the area of the City it is located within (its historic context).
From all available research, staff determined that this home is significant for it's distinctive
architectural type (Criteria #3).
Typically, the historic name of a home is associated with the first owner of record, unless
information is available that someone of significance once resided in the residence. In this case,
other than distinctive architecture, no further significance was found for this home or it's
previous residents. Therefore, the historic name for this home would be the Otto J. Ellinghaus
house, the first owner of record for 201 "I" Street.
Conclusion
The home located at 201 "I" Street retains integrity of material and design and embodies the
distinctive characteristics that identify it as a Tudor. Staff recommends that it should be
considered for inclusion on the Chula Vista List of Historic Sites (Historic Site #74) for
distinctive architecture.
DECISION MAKER CONFLICTS
7-3
Date, Item No.: -::r-
Meeting Date: 12-11-07
Page 4 of 4
No Property within 500 feet:
Staffhas reviewed the property holdings of the City Council and has found no such holdings
within 500 feet of the property which is the subject oftrus action.
FISCAL IMP ACT
There is no fiscal impact associated with the inclusion of 201 ")" Street, the Otto J. Ellinghaus
House, on Chula Vista's List of Historic Sites. However, designation would qualify this
property to participate in the Mills Act Program, which would result in a reduction of the tax
assessed on this property. The property owners have not applied to participate in the Mills Act
Program, at this time. However, if at such time the property owners decide to apply to participate
in the Mills Act Program, the reduction in property taxes, calculated in today's terms, would
result in approximately a $646.00 reduction of property tax revenue (per annum) to the City.
Attachments:
1.) Application for Designation
2.) Resource Conservation Commission minutes/ll.19-2007
3.) Loca! Historic Criteria
4.) Locator
5.) Property Research
6.) Photos of the property
7.) Resolution
Prepared by: Lynnette Tessitore-Lopez, Associate Planner, Planning and Building
J;\Planning\Lynnette\historic designation\Council Reports\2007\201 I Street finalltl revised 12-4~07,dot
7-4
fll/qchtul>/- J
CITY OF CHULA VISTA
PLANNING & BUILDING DEPARTMENT
0lY OF 276 Fourth Avenue
CHUlA VISTA Chula Vista, CA 91910
II, APPLICANT/OWNER INFORMATION
Applicant/Owner Name: ~c,.~l.D M!l2AfJ oA
Applicant/Owner Address: ~ .aO 1 :t: s l12eef J c.~
Phone: ~Cj ''\1 n:2k \MfA)
Secondary Owner Name: ~(; liliAtJDA
Owner Address: ,:20\ 1= ~~~~
Phone: bl q E>CJ1 ~
Historic Designation
APPLICA TlON FORM
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01 eu"" I
OWNER APPROVAL IS REQUIRED \
NAME: A~l.n =~ NAME:...fij.le'f (i~~~..C:~.~',J\O'
SIGNATURE: . V-- SIGNATURE:
DATE: DATE:
II
\ I. PROPERTY INFORMATION
P~opertyAddress: 201 :r: ~'fRI2\ I c.ijltlA UIS1'"A, cA
Common name: Historic name:
Year Builtj13=1- Approximate Property size (in feet) or approximate acreage~ q 0 0
Ownership is: Private "- or Public
Present Use:j(~i\De.J.JTlA-L Originql Use: ~SW~~i1AL-
Architectural style:_-ruOoll REV} vA-L
Assessor's Parcel Number (Required): 5-:r'3 120 11 00 Zone:'
cUq/P
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'\1. HISTORICILANDMARK INFORMATION
Use the reverse side of this fonm or a separate piece of paper may be attached for questions 1-3.
1. Please describe, in detail, historical aspects of the site or structure as well as any other significant
factors which may detenmine the property as a historic site/landmark (i.e. special aesthetics; cultural,
architectural, or engineering factors; and any dates, events, or persons associated with the site or
structure). See attached established criteria for designation.
2, Has the site or structure been altered in any way from its original design? ~
Yes -* No (If yes, explain) sa: ~,4~~ ~""~
3. Briefly describe the present physical condition of the property include a rating of poor, fair, good, or
excellent. r:.... .-:-
~"c.euel'J \.
7-5
L
9836
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IHf,cAIXlff- /
DOC # 2007-0001488
111111111111111111111111111111111111111111 11111 11111 1111111111 11111111
JAN 02, 2007 3:11 PM
OFFICIAL RECORDS
S.6JI DIEGO COUNTY RECORDER"; OFFICE
GF:E;~OR",'.J SMITH. COUll TY REClJRDER
FEE", 645.00
,JC OC
P~GES 1
/'
RECORDING REQUESTED BY
CHICAGO TITLE COMPANY
AND WHEN RECORDED MAIL TO
r;::,gelO S. Miranda I
201 I St.
Chula Vista, CALIFORNIA 91910
Es :row No.
Or::ll"r No
606027433 -N64
- pos
110111 Ollllllllllllllll~ Dill Dill 011111111 UIIIIIIIIIIIIIIII~ 0111 O~ 101
2007 -0001488
GRANT DEED
THE C:'iDERSIGNED GR.'l.l'ITOR(S) DEClARE(S)
DOCUMENTARY TRANSFER TAX IS $638.00
o unincorporated area [Xl Cityar Chula Vista
11[] computed on the full value of the interest or property conveyed. or is
o computed on the full value less the value of liens or encumbrances remaining at time of sale. and
Fa R A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Brian Kiyohara and Viola Kiyohara, husband and wife as joint tenants as to an
undivided 50% interest and Copper Bales, a single man as to an undivided 50% interest
as tenants in common
Assessor's Parcel No~
573-120-18-00
hereby GRANT(S) to
Angelo S. Miranda and Sherrie R. Miranda, husband and wife as joint tenants
the following described real property in the City of Chula Vista
County of SAN DIEGO . State of Californio:
LOT 4, BLOCK 2 OF SUMNERS SUBDIVISION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1847, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 12, 1925.
Dated December 19, 2006
STATE OF CALIFORNIA
COUNTY OF
On
} SS.
before me,
.~
/"
1 .'"
". A /~ /HOt;"
a tary Pub~c in and for said County a9d Stat'?- pe onallyappeared
A. k ~ ~.~ ~~.
C'" , ,t!.,e.
personally kn':lwn to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS,my hand and official_seal. .
. ------.. ~ "-
- .. S;:;ur.~f~otary
MAIL TAX STATEMENTS TO PARTY SHOWN ON
J
. 2-h;:;/rix '. '.
Date My L;ommlsSlon pires: . . FOR NOTARY SEAL CR STAMP
FOllOWING. LINE' IF NO PARTY SO SHOWN, MAil AS DIRECTEO ABOVE
GC3 -06;02 ~-bj(
7
.
Street Address
City, State & Zip
Name
7-6
Ree Minutes
- 4 -
November 19. 2007
Commissioner Stillman asked if tankless water heaters have instant water? Ms. Stillman
thought that this could be a selling point in your homes because, over time, those things are
very efficient.
Staff and the consultants satisfactorily responded to the Commissioners' questions and
concerns.
MSC (Stillman/Reid) that the RCC find the Mitigated Negative Declaration adequate
for project IS-07-031. Vote: (5-0-0-2) with Gilgun and Macias absent.
4. Consideration of Request for Designation of 201 'I' Street - Otto J. Ellinghaus House
Ms Lynnette Tessitore-Lopez (Associate Planner) described the home and the criteria under
which the home qualifies for historic designation.
Public Comments
Ms. Pamela Bensoussan (Chu/a Vista resident) stated that sh
home. She urged the RCC to adopt staffs' recommendatio
a lot to the neighborhood. Ms. Bensoussan also sta
builder...Denstad. In addition to the EI Primero Hotel,
features of the EI Primero Hotel at 281 Third Avenue,
Book Store building. He is a celebrated ar itect in Chula VI
Commission Comments
Ms Lundstedt repor
recused h~rself, a
subject ho;"~e.
. d, that Conunissioner Stillman
to reside within 500 fe et of the
Staff satisfactorily resp
.....
nded to the Commissioners' questions.
MSC (Reid/D that the RCC recommend designation of 201 'I' Street as a
historical site. Vote: (4-0-1-2) with Stillman abstaining and Gilgun and Macias
absent.
Commissioner Stillman returned to the meeting.
5. Mills Act Contracts --- 613 Second Avenue I The Bronson House, Historic Site #10
210 Davidson Street I The Cordrey House, Historic Site #3
630 Del Mar Avenue I The George Rife House, Historic Site
#15
7-7
RGG Minutes
- 5-
November 19, 2007
209 "0" Street / The Nancy Jobes House, Historic Site #27
Ms Tessitore-Lopez indicated that all the homeowners were present if the Commissioners
wanted to ask them any questions. She proceeded to describe what the Mills Act is and the
benefits. Ms Tessitore-Lopez then presented each of the homes that were applying for the
Mills Act Contract.
Public Comments
Ms Bensoussan stated that she lives across the street from one of the houses and
appreciates how important it is to our neighborhood. These four are all very good houses,
and I'm thrilled to see that they are seeking the Mills Act. She wanted to mention that the
Mills Act Contracts are recorded with the deed. When the City adopted the Mills Act
program, the City found that there were no significant fiscal impacts that would cause any
detriment to the City. They thought, on the contrary, that it would be a benefit the City. So,
there is also no cap on the number of Mills Act Contracts that the City r in to. The
public benefit is that the owner makes this contract that they ar to serve the
integrity of this historic structure, and it's really for the be efi ommunity and
neighborhoods. These are all very deserving important ho "he ous Del Mar was
occupied by a previous Mayor who also served as C' nCI ers n. T ouse on 'D'
Street...he founded the Episcopalian Church. Hav histo cal home very, very
expensive and difficult to maintain. She strongly urg e R C to appr the staff
recommendation.
\
CHAIR COMMENTS
MSC (Stillman/Davis) that the RCC ac
Act. Vote: (5-0-0-2) wi i1gun and Ma
PRINCIPAL PLANNE
, ard.
/'
Chair Jasek asked the Com issioners to take the ethics memo to heart. Keep it handy. It has
the web site that yo o. There is a continuing requirement for updates.
COMMISSIONER C MMENTS
5. Redevelopment Advisory Committee (RAC) Update
Vice-Chair Mosolgo reported that there is going to be a joint RAC and Redevelopment
Agency meeting/workshop on December 6. If any members of the RCC have any issues that
they would like raised at that workshop, let him know or notify Ms Lundstedt.
7-8
~M?-
:~~
~5~~
ellY OF .
CHULA VISfA
In order to qualify for designation a site
must be found to meet at least one of the
following criteria:
1.l Associated with events that have made a significant
contribution to the broad patterns of .history at the local,
regional, state or national level; or
2.l That are associated with the lives of significant persons
important to local, california, or national history; or
3.l That embody the distinctive characteristics of a type, period,
or method of construction, or that represent the work of a
master, or that possess high artistic values, or that represent a
significant and distinguishable entity whose components may
lack individual distinction; or (TO qualify for designation based
upon distinctive architecture, it must be determined that a
home is a true representation of it's architectural style and
that the property is significant within it's determined historic
context. )
4.l That have yielded or may be likely to yield, information
important in history or prehistory.
7-9
,
, -
. '--.c.
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT . PROJECT OESCRIFTlON:
C) APPLICAN"r. The Otto J. Elhnghaus House HISTORIC DESIGNATION
:g.'~: 2011 Street
SCALE: FILE NUMBER:
NORTH No Scale
.
L:\Gabe Flles\locatorsU. Elhnhause House.cdr 10.10.07
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C I F \ /'''':A T I 0 N
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for
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Otto J. ~llnghaus
and
Grace Evelyn Ellinghaus
on
Lot 4, Block 2, Suw~er's Sub- Division
Chula Vista
A.L. & A.E. DEN N S TED T
bUILDING
c O.
General Contractors
State License 19527
3144 - 5th Avenue
Hillcrest 6110
San Diego, California
7-11
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Heating
Interior Woodwork
Lathing and Plastering
Linoleum & Shades
Masonry
MiscellaneoUs
Ornamental Iron
Painting
Plumbing
Roofing
Sash & Doors
Sheet Metnl Wod~
Tile Work
9
5
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Built In Specialties
Carpentry and Rough Lumber
Concrete
Electric Fixtures
Electric Wiring
Excavation
Exterior Woodwork
Floors
Frames
Framing M.aterial
General Conditions
Glass
Hardware
7-12
,';-,.
l~'ov~HICATIONS
.~ -;,',".. ....c _~ -'ro.' . _ "_~_,
un AGREEAU:NT
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It is hereby, ag'l,"eed andunderstopd
specifications extend, modify and control the said prior
, i:
agr~liut. of: these partie!!.,
This acceptance of specif~cations and agreement e~ecuted this
15th day of June
'" 1937. c'
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RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING 201 "I" STREET AS A
HISTORIC SITE AND PLACING 201 "I" STREET, THE OTTO
J. ELLINGHAUS HOUSE, ON THE CITY OF CHULA VISTA
LIST OF HISTORIC SITES IN ACCORDANCE WITH
MUNICIPAL CODE SECTION 2.32.070(A).
WHEREAS, 201 "r' Street (APN: 573-120-18-00) is a Tudor style home constructed in 1937;
and
WHEREAS, staff received communication from the property owners, Angelo and Sherr!
Miranda, requesting that their home, 201 "I" Street, be designated as a historic site on the City of Chula
Vista List of Historic Sites; and
WHEREAS, the Resource Conservation Commission at their regular meeting on November 19,
2007 determined that 201 "r' Street meets one of the local criterion for designation because it is shown
that it has distinguishing architectural characteristics as a Tudor style home built by a master builder; and
WHEREAS, the Resource Conservation Commission at their regular meeting on November 19,
2007 voted 5-0-0-2 (Commissioner Gilgun and Commissioner Macias absent) to recommend that the City
Council place 201 "I" Street, the Otto J. Ellinghaus House, on the City of Chula Vista List of Historic
Sites; and
WHEREAS, the Environmental Review Coordinator has determined that this project is exempt in
accordance with the California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical
Resources Restoration and Rehabilitation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve the
designation of 20 I "I" Street, the Otto J. Ellinghaus House, as a Historic Site and determines that it be
placed on the City of Chula Vista List of Historic Sites as Historic Site # 74.
Presented by:
Approved as to form by:
James D. Sandoval
Director of Planning & Building
J:\Attomey\RESO\P~G\201 r Street designl1ion_12-11-07~sed.doc
7-20
CITY COUNCIL
AGENDA STATEMENT
.s.~f::. CITY OF
~- ---- (HULA VISTA
Item No.: ?1
Meeting Date: 12-11-2007
ITEM TITLE:
CONSIDERATION OF MILLS ACT CONTRACTS BETWEEN
THE CITY OF CHULA VISTA AND FOUR PROPERTY
OWNERS OF SITES THAT ARE LISTED ON THE CHULA
VISTA LIST OF HISTORIC SITES.
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MILLS ACT CONTRACTS
BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS
OF THE HISTORIC SITES LOCATED AT 209 "D" STREET, 210
DAVIDSON STREET, 630 DEL MAR AVENUE, AND 613
SECOND A VENUE, AND AUTHORIZING THE MAYOR TO
SIGN SAID AGREEEMENTS.
DIRECTOR OF PLANNING AND BUlLDIN*"
CITY MANAGER
ASSIST ANT CIT ;7
REVIEWED BY:
4/5THS VOTE: YES
NO
In accordance with Council Policy #454-01, staff has prepared contracts for the owners of four
designated historic homes who have requested to participate in the Mills Act program this year.
Upon authorization by the City Council, the City will enter into the contracts, which will then be
forwarded to the County Assessor's office for recordation, making the properties eligible for tax
credit in the next assessed tax year.
BACKGROUND
On May 29, 2001 Council adopted a policy (policy #454-01) that allows the City of Chula Vista to
enter into Mills Act Contracts with owners of historic properties. These contracts will help provide
the property owners financial assistance in the form of property tax relief, which relief is intended to
offset the costs of repairs and upkeep to retain the historic character of the property. Staff has
.
8-1
Date, Item No.: P:,
Meeting Date: 12-11-2007
Page 2 of 3
prepared contracts with the property owners of historic sites who have requested to participate in the
Mills Act Program. To date the City has entered into approximately 30 Mills Act Agreements.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has determined that this program is exempt per the
California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical Resources
. Restoration and Rehabilitation.
RECOMMENDATION
That the City Council adopt the resolution approving the four contracts.
BOARDS/COMMISSION RECOMMENDATION
The Resource Conservation Commission (RCC) reviewed the attached contracts for the referenced
properties on November 19, 2007 and recommends that the City Council approve each of the
contracts that are being considered at this time.
DISCUSSION
The owners of the following four historically designated properties have applied to participate in the
Mills Act Program this year:
1. 209 "D" Street, The Albert Barker House, Chula Vista Historic Site #27.
2. 210 Davidson Street, The Alfred Haines House, Chula Vista Historic Site #3.
3. 630 Del Mar Avenue, The George Rife House, Chula Vista Historic Site #15.
4. 613 Second Avenue, The Byron Bronson House, Chula Vista Historic Site #10.
Staff has met with those property owners that have applied to participate in the Mills Act Program,
and together with each individual has determined a list of potential improvements to the property to
be completed over the next ten (10) years. Some of the potential improvements include: painting the
homes with historic colors, new roofs, and general maintenance and repairs that will help retain the
property's historic character. All of the proposed improvements are consistent with the historic
preservation goals of Chula Vista. Each of these property owners has signed the contract, showing
their commitment to the provisions of the contract. Each contract was considered by the RCC who
recommended that Council approve said contracts.
The City Council must approve the Mills Act contracts for the City to enter into each of the Mills
Act Contracts. Upon approval by the City Council and signature by the Mayor, the contracts will be
forwarded to the County Assessor's office for recordation. .
DECISION-MAKER CONFLICTS
No Property within 500 feet:
Staff has reviewed the property holdings of the City Council and has found no such holdings
within 500 feet of the properties, which are the subject of this action.
8-2
Date, Item No.: ~
Meeting Date: 12-11-2007
Page 3 of 3
FISCAL IMPACT
Each property will receive a reduction in property taxes a result of entering into the Mills Act
Contract with the City. An estimation of how much a reduction each property owner would receive
as a result of entering into the Mills Act contract is described in Attachments 1 through 4. The
combined annual revenue loss from these four properties is estimated to be approximately
$4,284.00. The City receives $0.147 of each property tax dollar and although the property tax
revenue loss of each Mills Act property is relatively negligible, over time, if the City enters into
Mills Act contracts with significant numbers of property owners, the revenue impacts could
incrementally become significant.
ATTACHMENTS
1. 209 "D" Street: Application, Contract, Property Photos, Histori: Inventory Wrksht. and Estimated Mills Act Assessment
2. 210 Davidson Street:: Application, Contract, Property Photos, Histori: Inventory Wrksht. and Estimated Mills Act Assessment
3. 630 Del Mar Avenue: Application, Contract, Property Photos, Histori; Inventory Wrksht. and Estimated Mills Act Assessment
4. 613 Second Avenue: Application, Contract, Property Photos, Historic Inventory Wrksht. and Estimated Mills Act Assessment
5. Resource Conservatioo Minutes (11-19-2007)
Prepared by: Lynnette Tessitore-Lopez, Associate Planner; Planning Division
J:\Planning'Lynnette\council\Mills Act\2Q07\12-11-2007 Mills Act Agenda Statement.doc
8-3
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:
\'7/ ('3 (61
Mills Act Agreement
between the City of Chula Vista and
Carmen C. Krogman
for the property located at
209 'D' Street
Chula Vista, California 91910
8-4
ATTACHMENT 1
209 "D" Street
Historic Site #27
The Nancy Jobes
House
8-5
CITY OF CHULA VISTA
PLANNING & BUILDING DE.'ARTMENT
mY OF 276 Fourth Avenue
CHUIA VISTA Chula Vista, CA 91910
Mills Act
APPLICA nON FORM
I APPLICANT/OWNER INFORMATION I ,,-
/ . A- Case#: .
'-n ~.~ 1 Date Submitted:
Slt"-t::.e--'---JC;HWfl V/5T
-J - /1"">(..
I.. / '_' '-~........v
/0 ';)''1' ~i!7>
~),
Secondary Owner Name:
Owner Address:, /IJ fA
Phone: tV 1ft /
I
. n ~~OWNER APPROVAL IS REQUIRED
NAME.~_ ~ NAME.
SIGNATURE: -......-. ",~GNATURE:
DATE: DATE:
^-JIlt
I
I PROPERTY INFORMATION
Zone:
I HISTORIC/LANDMARK INFORMATION
Is the site on the Local Register Listing? Yes X No
Date of Designation q 9, &)
Is the site designated as Historic on the (I-p State and/or
Date of Designation: ~
. "j t." I
C" /11':'7<,)',
u>/n: /",5:1 :/!.)-}-
CA National Register?
"1/.-')1- - -/7) (, /1/'11)(')/
;
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PROPOSEDSTRUCTUREnMPROVEMENT
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain their
characteristics as properties of historical significance. Please list restoration improvements, either specific or general. that you/the
~t'""/~~r;;\.V''''-~~-~: ", '''~', .".""" ~7~.
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11 This Space for Recorder's Use Only 11
Recording Requested by and
Please Return to:
City Clerk
City of Chul. Vista
P.O. Box 1087
Chul. Vista, CA 91912
APN(s) 566-102-22-00
MILLS ACT AGREEMENT
For property located at 209 "D" Street, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Carmen C. Krogman ("Owner").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 566-102-22-00, and
generally located at the street address 209 "D" Street, Chula Vista, California, 91910, (Historic
Site #27).
WHEREAS, the Chula Vista City Council declared and designated the above property as
Historical Site Number 27, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
I. Compliance with Council Policv. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
8-7
Page 2 of6
Mills Act Contract
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a. Owner shall preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work shall be done in accordance with the attached schedule of potential
home improvements, drafted by the OWrier (Attachment B).
b. Owner shall maintain all buildings, structures, yards and other improvements in a
manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
ii. Scrap lumber, junk, trash or debris.
iii. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
c. Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
d. The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources and the
City Council prior to the issuance of such permit.
[, Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement ifit determines
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
8-8
Page 3 of6
Mills Act Contract
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner shall be subject to
payment of those cancellation fees set forth in California Government Code Section
50286.
5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach ofthis Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance ofthe Historic Site for the
benefit of City, the public, and Owner..
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December II, 2007 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term of ten (10) years thereafter. Each year
8-9
Page 4 of6
Mills Act Contract
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City: CityofChula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Carmen C. Krogman
209 "D" Street
Chula Vista, CA 91910
8-10
Page 5 of6
Mills Act Contract
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
b. Approval of this request shall not waive compliance with all sections of Title 19
(Zoning) of the Municipal Code, and all other applicable City Ordinances
c. Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
d. All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
e. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
f. This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
11. Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office ofthe County
Recorder of the County of San Diego.
12. Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
8-11
Page 60f6
Mills Act Contract
13. Attornev Fees. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, reservations or restrictions
contained in this agreement, the prevailing party in such proceeding may recover all
reasonable attorneys' fees to be fixed by the court, in addition to court costs and other
relief ordered by the court.
14. Bargaining Power. This agreement has been agreed to by the parties only after
negotiations between City and Owner(s), both of which were represented by counsel.
Accordingly, this agreement shall not be construed as if it had been prepared only by City
or Owner(s), but rather as if both City and Owner(s) had prepared the same.
15. Counterparts. This agreement may be signed in one or more counterparts, each such
counterpart shall be considered as part of and the same document as all other related
counterparts.
8-12
Page 7 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
209 "D" Street, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
By:
Cheryl Cox, Mayor
(Notarized Signature)
Date:
Date:
Attest:
By:
Susan Bigelow, City Clerk
(Notarized Signature)
Date:
Approved as to form:
Ann Moore, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
8-13
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2. The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3. Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8. Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
8-14
dD 9 .. D' 0"/ruvf-
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 10 years to maintain or rehabilitate this property.
YEAR
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;0010
;00& Ptr6llio,(j!fl-lfu!.
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;?OFlease list the improvements and r~torations tha'?Jtuft;enrto~e over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
IMPROVEMENT
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PRIORITY
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u
IMPROVEMENT/RESTORATIONS
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OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date:
Si2oature:
8-15
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Stats of California - The Resources Agency
OEPARTMENT OF PARKS AND RECREATION
Ser. No.
HABS_ HAER NR SHL
UTM: A 4'l26~ 8 3612""'2"75 Loc_
C 0
HISTORIC RESOURCES INVENTORY
. j IDENTIFICATION
. 1. Common name:
Mar~os Carver House
2. Historic name:
Nancy Jobes House
209 IID" St t
3. Street or rural address: ree
City
Chula Vista
Zip
92010
County
San Diego
4. Parcel number:
566-102-22
5. Present Owner:
Lew & Lucia Skaug
Address:
209 "DR Street
City
Chula Vista
Zip
92010
Ownership is: Public
P. X
r1vate
6. Present Use: residential
Original use: residential
DESCRIPTION
7a. Architectural Style: Victorian
7b. Briefly describe the presentphysicaJ description of the site or structure and describe any maior alterations from its
original condition:
Legal: CV Sub, QS 136, par Lot 13
The lovely Nancy Jobes House features a complex, high, cross gable
roof with carved barge boards, exposed rafter ends and brackets.
Typical of Victorian houses, the exterior texture of the skin of
this home varies and includes fish scale and diamond shingles on the
.. , upper story and horizontal, wide shiplap siding on most of the first
) level. Other interesting details include an ornate interior brick
chimney, an angled bay window on the facade, and a glazed front
door with side panels. Most of the windows in the house are double
hung. A one story section with a shed and gable roof extends forward
across part of the front and out from the left side. Some alterations
may be present in this section.
8. ConstrUction date:
Estimated 1889 FactUal
9. Architect unknown
10. Builder unknown
11. Approx. prope"", size (in feet)
Frontage 100 Depth 145
ar approx. acreage
Date{s) of enclosed photograch(sl
1985
'"
13. Condition: Excellent ~Good _ Fair _ Deteriorated _' No longer in existence
14. Alterations: possible alterations in the one story section
15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings _ Densely built-up ~
Residential ~Industrial _Commercial_Other:
I, I
';/
16. Threan to site: None known~Private development_ Zoning ~ Vandalism
Public Works project _ Other:
17. Is the structure: On its original site?
x
Moved?
Unknown?
18. Related features: landscaping
SIGNIFICANCE
19. Briefly state histcricat and/or ardlitecturai importance (include dates, events, and persons associated with the site.)
Water was connected to this property on June 2, 1888 and this date
may mark the beginning of construction of this house for C. C. and
Nancy Jobes who received the deed from the San Diego Land and Town
Company on March 2, 1889. A number of families owned this house
until Mar. 22, 1913, when it was purchased by Dr. Marcos E. Carver,
an Episcopal priest. He founded St. Mark's Episcopal Church in
San Diego and was the rector from 1913 to 1917. He also served as
the priest in charge of missions on the Island of Kauai until his
retirement in 1925. The house has significance as a good example
of the 19th century Victorian architecture, as the home of a pioneer
Chula Vista family, and also as the home of a well known Episcopal
priest.
,
)
Locational sketch map (draw and label site and
surrounding streets. roads. and prominent landmarks):
ONORTH
U
20. Main theme of the histOric resource: (If more than one is
checked, number in order of importance~)
Arch itecture 1 Arts & Leisure
S-::onomic/'ndustrial _ExplorationlSettlement 2
Government Military
R.I igion Social/Education
21. Sources (List books. documents. surveys. personal interviews
and their datesl.
SO County Deeds
Water Records
SO Union 9-26-1954 (Carver obit)
CV Tax Assessment Rolls
22. Date form prepared 9-7-1985
By (name) 'lZ' WQh<::::r.or
Organization r; +-l" r"'I-r f'nnl.::l ,1; ~r.~
Address: P.O. Box 1087
City Chula Vista Zip g?Ol?
Phone: 691-5101
8-19
MILLS ACT ESTIMATION WORKSHEET
209 "0" Street
Historic Site # 27; The Nancy Jobes House
Current Assessed Valuation:
= $800,000
Current Taxes:
= $8,675 ($800,000 x 1.08443%)
(Per Annum)
(1.08443% = Neighborhood Tax Rate)
Potential Revenue (City):
= $8,675 x .147 = $1,275
(Per Annum)
(0.147 = City portion of each property tax dollar)
~alculation With the Mills Act
Mills Act Valuation:
= $150,077
(Assesso(s Valuation Estimation)
New Taxes:
= $1,627 ($150,077 x 1.08443%)
Property Tax Savings:
= $8,675 -$1,627 = $7,048
(Per Annum)
Potential Revenue (City):
= $239 ($1,627 x .147)
(Per Annum)
Potential Revenue Loss (City):
= $1,036 (Per Annum)
($1,275 - $239)
(Potential Revenue without Mills Act. Potential Revenue with Mills Act)
~\If?.
8~
CHIAA VlSt<
RCC Minutes
-4-
November 19. 2007
Commissioner Stillman asked if tankless water heaters have instant water? Ms. Stillman
thought that this could be a selling point in your homes because. over time. those things are
very efficient.
Staff and the consultants satisfactorily responded to the Commissioners' questions and
concerns.
MSC (Stillman/Reid) that the RCC find the Mitigated Negative Declaration adequate
for project IS-07-031. Vote: (5-0-0-2) with Gilgun and Macias absent.
4. Consideration of Request for Designation of 201 'I' Street - Otto J. Ellinghaus House
Ms Lynnette Tessitore-Lopez (Associate Planner) described the home and the criteria under
which the home qualifies for historic designation.
Ms Lunds'tedt repor
recused h~rself, a
subject ho~!,e.
Commission Comments
Public Comments
Ms. Pamela Bensoussan (Chula Vista resident) stated that sh
home. She urged the RCC to adopt staffs' recommendatio
a lot to the neighborhood. Ms, Bensoussan also st
builder... Denstad. In addition to the EI Primero Hotel,
features of the EI Primero Hotel at 281 Third Avenue,
Book Store building. He is a celebrated ar itect in Chula VI
.
, d, that Commissioner Stillman
to reside within 500 fe et of the
Staff satisfactorily resp nded to the Commissioners' questions.
......
MSC (Reid/D that the RCC recommend designation of 201 'I' Street as a
historical site. Vote: (4-0-1-2) with Stillman abstaining and Gilgun and Macias
absent.
Commissioner Stillman returned to the meeting.
5. Mills Act Contracts -- 613 Second Avenue I The Bronson House, Historic Site #10
210 Davidson Street I The Cordrey House, Historic Site #3
630 Del Mar Avenue I The George Rife House, Historic Site
#15
8-21
RCC Minutes
- 5-
November 19, 2007
209 "D" Street / The Nancy Jobes House, Historic Site #27
Ms Tessitore-Lopez indicated that all the homeowners were present if the Commissioners
wanted to ask them any questions. She proceeded to describe what the Mills Act is and the
benefits. Ms Tessitore-Lopez then presented each of the homes that were applying for the
Mills Act Contract.
Public Comments
Ms Bensoussan stated that she lives across the street from one of the houses and
appreciates how important it is to our neighborhood. These four are all very good houses,
and I'm thrilled to see that they are seeking the Mills Act. She wanted to mention that the
Mills Act Contracts are recorded with the deed. When the City adopted the Mills Act
program, the City found that there were no significant fiscal impacts that would cause any
detriment to the City. They thought, on the contrary, that it would be a benefit the City. So,
there is also no cap on the number of Mills Act Contracts that the City r in to. The
public benefit is that the owner makes this contract that they ar to serve the
integrity of this historic structure, and it's really for the be eft t ommunity and
neighborhoods. These are all very deserving important ho J'he ous Del Mar was
occupied by a previous Mayor who also served as C' nCI ers n. T ouse on '0'
Street...he founded the Episcopalian Church. Hav histo cal home very, very
expensive and difficult to maintain. She strongly urge e R. C to appr the staff
recommendation.
PRINCIPAL PLANNE
MSC (Stillman/Davis) that the RCC ac
Act. Vote: (5-0-0-2) wi i1gun and Ma
Ms Lundste,.~h~t~ted that.~ reporting b cts that CC has already
revie~~S'iP'- ~ii:ttheproce "~Z; ng with the p,nners to.,;~we t se reports.
Ms L~;tE\dt noted' ~t the eth~d~;:'r ing reqUireme~. emo i;CRce packet is a reminder.
. . \ .....
Ms Lundstedt. read a lett\ from La~a ter in wt6 she expressed her appreciation for
receiving the "2,007 Environ entalist of the Ye ' ard.
. .
CHAIR COMMENTS
,/
Chair Jasek asked the Com issioners to take the ethics memo to heart. Keep it handy. It has
the web site that yo o. There is a continuing requirement for updates.
COMMISSIONER C
5. Redevelopment Advisory Committee (RAC) Update
Vice-Chair Mosolgo reported that there is going to be a joint RAC and Redevelopment
Agency meeting/workshop on December 6. If any members of the RCC have any issues that
they would like raised at that workshop, let him know or notify Ms Lundstedt.
8-22
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:~7!D7
Mills Act Agreement
between the City of Chula Vista and
Richard Christensen and Brenda Christensen
for the property located at
210 Davidson Street
Chula Vista, California 91910
8-23
AITACHMENT 2
210 Davidson St.
Historic Site #3
The Alfred Haines
House
8-24
^j
~!ft...
-r"--
---
-
CITY OF CHULA VISTA
PLANNING & BUILDING DEPARTMENT
276 Fourth Avenue
Chula Vista, CA 91910
Mills Act
APPLICATION FORIvl
cmClF
CHUlA VISTA
II APPLICANT/OWNER INFORMATION
Applicant/Owner Name: _ 'RlQfA-(UJ ~ s""^'~
Applicant/Owner Address: 21 () DAIi j DSON Si.
Phone:~
Secondary~ UtelS/DJ5ZN
Owner Address:
Phone:
II ,-~'-","~' <~"""""'''','''','''N_'"..,_,
"',~~~:0i'''';'''~''''''''"~'''sfi:ffme;''i";;";,j<V''ii'~..i..",,,,"",,,\,
Case#: ./) .J;J,f)'"
Date SlJhmitte<t II . '2 ~ . b 1-
NAME: ~
SIGNATURE:
DATE: Z 07
OWNER APPROVAL REQUl~D
~AME: /': OA
SIGNATURE:
DATE:
S7EN~
II PROPERTY INFORMATION
Property Address: "2-10 bAVi(:::)~l>N ST.
Assessor's Parcel Number (Required):~-Ib4- -02 -00
II
Zone:
[,r '3 ~'ZZ
II HISTORIC/LANDMARK INFORMATION
Is the site on the Local Register Listing? Yes ~ No
Date of Designation '7/ V;s/ ~7
I
Is the site designated as Historic on the State andlor
Date of Designalion:
~~/).C' u-rt .4 3
II
Nalional Register?
II PROPOSED STRUCTURE/IMPROVEMENT
II
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration ofhistoricaJ propenies and retain their
characteristics as properties of historical significance, Please list restoration improvements, either specific or general, that you/the
owner intend to carry out to achieve/maintain the goal of the Mills Act Program. (Attach a separate sheet if necessary)
/1
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8-25
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:f f<c - f AI NT Atc-CDVT AA/!) P {2; {V/ At2f .e::-XTQ2J oQ..
u PDA:-TEl.) LAN D5CAPi N {" FO~ bre-Ci()C~ H T R.ESI<,TANC~
.~
*' f\/IAuvTAIN Aeu-{CTZcT0r2.-AL 11\.J~I2...tTY AND
VISUAL APP~
((+A:-Ni~S f7yp-- ,/ourz.. A-5srS~c-c.. _
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2- (0 DA (// [)So!0 5T_
CVcA qlql()
l
8-26 I' J)' /
...:J "'1-.:2 ~ 1/) .,.v /CJ/ C J-A....
Recording Requested by and
Please Return to:
i CDr1-rq c/- -/z; Iu ,q ~ cu/c./ -'-
tloj.r/Ud ?n'tJr ~ /d-//-tJ7-
e'r Chine,! !'Ik/;tJ.
tJK ~ ~ JO /'ec 'd -Iwn q:f.
/:?3.1)1-
City Clerk
City of Chul. Vista
P.O. Box 1087
Chul. Vist., CA 91912
APN(s) 568-164-02-00
1J
This Space for Recorder's Use Only
1J
MILLS ACT AGREEMENT
For property located at 210 Davidson Street, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Richard Christensen and Brenda Christensen ("Owners").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 568-164-02-00, and
generally located at the street address 210 Davidson Street, Chula Vista, California, 91910,
(Historic Site #3).
WHEREAS, the Chula Vista City Council declared and designated the above property as
Historical Site Number 3, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance ofthe
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration ofthe mutual benefits and covenants, City and Owner
agree as follows: .
1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
8-27
Page 2 of6
Mills Act Contract
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
!h Owner shall preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work shall be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner shall maintain all buildings, structures, yards and other improvements in a
manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
11. Scrap lumber, junk, trash or debris.
iii. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, fumiture, stoves, refrigerators, cans,
containers, or similar items;
iv. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
c. Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
d. The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
e. Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources and the
City Council prior to the issuance of such permit.
[ Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement if it determines
that Owner has breached any of the conditions ofthis Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement ifit
8-28
Page 3 of6
Mills Act Contract
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner shall be subject to
payment ofthose cancellation fees set forth in California Government Code Section
50286.
5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance ofthe Historic Site for the
benefit of City, the public, and Owner.
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December II, 2007 (but no earlier than approval ofthe agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
8-29
Page 4 of6
Mills Act Contract
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewa] date"), a year shal] automatical]y be added to the initial term of this Agreement
unless notice of non-renew a] is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City: City of Chu]a Vista
Attention: Director of Planning & Bui]ding
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Richard and Brenda Christensen
210 Davidson Street
Chu]a Vista, CA 919]0
8-30
--T -
Page 5 of6
Mills Act Contract
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
b. Approval of this request shall not waive compliance with all sections of Title 19
(Zoning) of the Municipal Code, and all other applicable City Ordinances
c. Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
d. All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
e. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
f. This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
11. Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office ofthe County
Recorder of the County of San Diego.
12. Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
8-31
Page 60f6
Mills Act Contract
13. Attornev Fees. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, reservations or restrictions
contained in this agreement, the prevailing party in such proceeding may recover all
reasonable attorneys' fees to be fixed by the court, in addition to court costs and other
relief ordered by the court.
14. Bargaining Power. This agreement has been agreed to by the parties only after
negotiations between City and Owner(s), both of which were represented by counsel.
Accordingly, this agreement shall not be construed as if it had been prepared only by City
or Owner(s), but rather as if both City and Owner(s) had prepared the same.
15. Counterparts. This agreement may be signed in one or more counterparts, each such
counterpart shall be considered as part of and the same document as all other related
counterparts.
8-32
Page 7 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
210 Davidson Street, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
Cheryl Cox, Mayor
By:
(Notarized Signature)
Date:
Date:
Attest:
Susan Bigelow, City Clerk
By:
(Notarized Signature)
Date:
Approved as to form:
Ann Moore, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
8-33
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics ofthe building and its site and
environment.
2. The historic character of a property shaH be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shaH be
avoided.
3. Each property shaH be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shaH be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shaH be
undertaken using the gentlest means possible.
8. Significant archaeological resources affected by a project shaH be protected and preserved.
If such resources must be disturbed, mitigation measures shaH be undertaken.
9. New additions, exterior alterations, or related new construction shaH not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shaH be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
8-34
.,:;1 [i Dc'! V J c/ S of-.-
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past I 0 years to maintain or rehabilitate this property.
YEAR
UNIC-
UN"::'"
IMPROVEMENT
N <...V\J f2f:CF
New P/TiNI (t:..X.T.j
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY
/
2..
IMPROVEMENTIRESTORATIONS
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OWNER CERTIFlCATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Signature: ~;;J~
;lJ/;7/07
,
Date:
8-35
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HISTORIC RESOURCES INVHHORY
H.o;l:i::;_ HAEFI_
UTM: A 492830
C
SHL _ Loc_
3611650
Nil_
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OENTIFICATION
1. C.:wimon name:
Hancel Cordrey House
n-i
Alfred Haines House
2. Historic name:
3. Street or rural address:
210 Davidson St=eet
92010
County
San Diego
City
Chula Vista
Zip
4. Parcel number:
568-164-02
Address:
210 Davidson Street
Present Owner:
Frederick W & Henrietta Kohl
City
Chula Vista
92010
Zip Ownership is: Public
6. Prasent Usa: res iden tial
Original use:
Private
x
residential
DESCRIPTION
ia. Ard1itec::ural.5tYle: Queen Anne Victorian
7b. Briefly describe the presemphysic3/ de""....criprion of 'the site or structure and describe any major alterations from its
original condition: .
Legal: Central Addn, Blk A, Lot 4, E 9' of Lot 5, Lot 3 /exc E 11'/
The Alfred Haines House has a high hip ~~d steep gable roof with
boxed and bracketed cornices and a square tower stopped by an ornate
weather vane. The tower has a pyramidal roof. Other details of this
charming 2 1/2 story Victorian include wide, horizontal shiplap
siding with cornerboards, an ornate brick chimney, double hung
windows, and stickwork in a street-facing pediment. Typical of
Queen Anne houses, the exterior texture of the house is varied by
~'e use of fishscale shingles on part of the tower and geometric
s'iltt'cktvork in the gable ends. A dominant features of this house is a
dne story open veranda that extends across two sides. Turned post
supports and a stickwork railing grace the porch. A small pediment
decorates the porch roof on the left side. Except for the porch,
which has been-a1te~ed, the house retains integrity of design and
materials..
)
---------,
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- --~"'.~.., -..".
.- 823l:2;;~l~a ;"'-
3. Construction date:
Estimated 1888 Factual
.9. Architect unknown
. 10. Builder unknown
11. Approx. propert'./ size (in reet)
Frontag. 86 Depth 120
or apprax. ac:-sage
12
Oate{sl ;:Jf !ncios:ed pnotogrroh(,;:)
1985
13. . Condition: E..:::-cellent -..X....-Gccd _ Fair _ Deteriorated _ No longer in existen~ _
14. Alterations:
Alterations to porch
'.
15. Surroundings: {c.iec;: mor~ than ona if necessary) Opsn land _Scattered buildings _ Densely built-up ~
Residential ~lndustTiaJ _Commercial _Other:
16. Tnr~ats;:o site: None known~Private development_ Zoning _ Vandalism
Publ ic Works project _ Other:
17. Is the structure: an its original site?
x
Moved ?
Unknown?-
18.
Related features:
landscaping, garage
SIGNIFICANCE
19_ Briefly S'ta1:e historiCi.lJ and/or an::hh:ecttJral imPortancs (include dates. events, and person.s a.ssociated with the site,)
This house has been designated Chula Vista Historic Site No.3. The
home was built in 1888 for Alfred Haines, a noted attorney and jUdge.
He served as vice president of the California State Bar Association
and was a recognized authority on legal questions pertaining to water.
In 1900, he appeared before the United States Supreme Court to argue
for Chula Vista growers in what became known as the Chula Vista Water
Rate Case. Judge Haines surrounded this orchard house with citrus
trees. Another important owner of this home was Hancil Cordrey, who
purchased the property around 1919. Cordrey had worked as a carpenter
and later became a chiropractor. When he purchased this house, Hancil
Cordrey converted a barn"on the property into a manufacturing plant
where he created and produced hardware specialties. This house is
significant as the home of the important Haines and Cordrey families,
and as one of the few remaining Victorian orchard houses. The building
retains much of its Driginal materials and design.
Locational skatch map (draw and label site and
surrounding strest.:s, roads. and prominent landmarks):
ANORTH
U
"
20. Main theme of the histOric re::sourca: Of mor! .than one is
c.~~k.ed. ntJm~r in order of importanca~)
Arc:"liteaure '1 .A.rt:s'& LeistJrl!
E=onomic/fndun..""iai _E.::cplorcrtion/Set!Jement ?
Government Military
R..,ligccn Sodal-/E-dUQ'tion
."-,
21. Soun::.es (Un booK.s..,. documem::s9 3urveys, per:sol1al interviews
and their ~'esl.
SD Union 10-16-1934
CVHS.Bulletin; CV Star 11-14-1931
OJ Tax Assessment Rolls
City directories; Pionee~ Families
22. DatE! form pre-pared 9 - J_1 9 Ii 5
By {namej K ~v,o.hc;::tp-r
OrganiZEtio-n ri +-? (")T ("'~111 ~ '\lista
Addr..,: ".0. Box 1087
City Chula ':list2 Zip 92012
Phone: 691-5101
8- 39
/
----- --
---~-------,------
I
MILLS ACT ESTIMATION WORKSHEET
210 Davidson Street
Historic Site # 3; The Alfred Haines House
Current Assessed Valuation:
= $900,000
Current Taxes:
= $9,760 ($900,000 x 1.08443%)
(Per Annum)
(1.08443% = Neighborhood Tax Rate)
Potential Revenue (City):
= $9,760 x .147 = $1,366
(Per Annum)
(0.147 = City portion of each property tax dollar)
With the Mills Act
Mills Act Valuation:
= $163,478
(Assessor's Valuation Estimation)
New Taxes:
= $1,773 ($163,478 x 1.08443%)
Property Tax Savings:
= $9,760 -$1,773 = $7,987
(Per Annum)
Potential Revenue (City):
= $260 ($1,773 x .147)
(Per Annum)
Potential Revenue Loss (City):
= $1,106 (Per Annum)
($1,366 - $260)
(Potential Revenue without Mills Act . Potential Revenue with Mills Act)
~\!ft..
8~
CHUIAVl5TA
I
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
-ttxt:ity Attorney
Dated:
'.7//' (07
Mills Act Agreement
between the City of Chula Vista and
Dale R. Pering and Anne K. Pering
for the property located at
630 Del Mar Avenue
Chula Vista, California 91910
8-41
ATTACHMENT 3
630 Del Mar Avenue
Historic Site # 15
The George Rife
House
8-42
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0lY OF
CHUlA VISTA
CITY OF CHULA VISTA
PLANNING & BUILDING DEPARTMENT
276 Fourth Avenue
Chula Vista, CA 91910
Mills Act
APPLICATION FORM
Staff Use
Case #:
Date Submitted: .,
JUl 1 1 2007
Phone:
; '\A ~OWNERAPPROVALI1}REQUIRED
NAME:.L4"I-~a.RIN~ NAME: A/l/Nt; k h:"R/..,;c,
SIGNA~ ~ SIGNATURf
I DATE: 7 //b tt'7 UATE: 7/1~ II) 7
I PROPERTY INFORMATION
Property Address: ~~t) DEL A/M MG"" ~.IIoM 0iZ4 C4 '7/<7/0
Assessor's Parcel Number (Required): 5"73 - /7() - I" - 00 Zone: ----'S.II 5
II HISTORIC/LANDMARK INFORMATION II
Is the site on the Local Register Listing? Yes V No
Date of Designation ?j / /95?7
Is the site designated as Historic on the 4p Slate and/or AI'" National Register?
Dale of Designation: N / A 'i=t::..-
~rE - ;L!oR/fE IS LX2;lti#""~6 QIv~_tPlt~/c_ S'/1if" . IS
II PROPOSEDSTRUCTUREnMPROVEMENT
II
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain their
characteristics as properties of historical significance. Please list restoration improvements, either specific or general, that you/the
owner intend to carry out to achieve/maintain the goal of the Mills Act Program. (Attach a separate sheet if necessary)
W.4NT 7d .I1AI'A/7A-IA/ 7JIe ORI(;'/A./~ CI-IAf(.l4<::-rEtZ 0;::- 7$E
17'.:<cJ S;7rC~ C,e1i7<(.#I.4-,v l13V;Uc:r,A-LO&f/, M~L K~€p 7#1:3
p~/)Pc::72-77j p'; ~LJ J?€P-"f/R I.3lJl7-I- /N!>flJG"" .A-v"L) ~O7:' WAN? /~
S~A1e:-,2)7 .J(~ /A/STA-L. P~CKl::TlJtCO.RS /Nf;/,I)~ /'/1/1,,;6; ~ ~
l?E~/l;/!!lE" 7?/)v7Jf CZ)/1Jc;:- 5~_{~A1 7b 7l-f-,:g" oRIG/N"/{-L t!)v75"l),
i/A-Ti /) {I,t>A/ ;:;~LJ/2AJ.1 /?V\j ~ _._
Recording Requested by and
Please Return to:
-;? J;; & ,Exec~c1 ~. ~/n~cI
6./ 81; ('IJIIJc/ '/ 1??Oj-
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
APN(s) 573-170-16-00
D
This Space for Recorder's Use Only
D
MILLS ACT AGREEMENT
For property located at 630 Del Mar Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Dale R. Pering and Anne K. Pering ("Owners").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 573-170-16-00, and
generally located at the street address 630 Del Mar Avenue, Chula Vista, California, 91910,
(Historic Site # 15).
WHEREAS, the Chula Vista City Council declared and designated the above property as
Historical Site Number 15, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
1. Compliance with Council Policv. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
8-44
Page 2 of6
Mills Act Contract
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a. Owner shall preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A). Work shall be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner shall maintain all buildings, structures, yards and other improvements in a
manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
H. Scrap lumber, junk, trash or debris.
HI. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
s:., Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
d. The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
e. Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources and the
City Council prior to the issuance of such permit.
L. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance ofthe
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement ifit determines
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
8-45
Page 3 of6
Mills Act Contract
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner shall be subject to
payment of those cancellation fees set forth in California Government Code Section
50286.
5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
ofterms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 11,2007 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term often (10) years thereafter. Each year
8-46
Page 4 of6
Mills Act Contract
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (I) year shall automatically be added to the term ofthe
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City: City of Chula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Dale and Aune Pering
630 Del Mar Avenue
Chula Vista, CA 91910
8-47
I
Page 5 of6
Mills Act Contract
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any oftheir heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
b. Approval ofthis request shall not waive compliance with all sections of Title 19
(Zoning) of the Municipal Code, and all other applicable City Ordinances
c. Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalfwhich
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason ofthe operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
d. All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit ofthe
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
e. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
f. This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
lL Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
12. Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
8-48
Page 6 of6
Mills Act Contract
13. Attornev Fees. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, reservations or restrictions
contained in this agreement, the prevailing party in such proceeding may recover all
reasonable attorneys' fees to be fixed by the court, in addition to court costs and other
relief ordered by the court.
]4. Bargaining Power. This agreement has been agreed to by the parties only after
negotiations between City and Owner(s), both of which were represented by counsel.
According]y, this agreement shall not be construed as if it had been prepared only by City
or Owner(s), but rather as if both City and Owner(s) had prepared the same.
] 5. Counteroarts. This agreement may be signed in one or more counteIparts, each such
counteIpart shall be considered as part of and the same document as all other related
counterparts.
8-49
Page 7 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
630 Del Mar Avenue, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
Cheryl Cox, Mayor
By:
(Notarized Signature)
Date:
Date:
Attest:
Susan Bigelow, City Clerk
By:
(Notarized Signature)
Date:
Approved as to form:
Ann Moore, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
8-50
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
I. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics ofthe building and its site and
environment.
2. The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3. Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8. Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
8-51
f.p;5D IJ i? I If (q r Q u el) ILP
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 1 0 years to maintain or rehabilitate this property.
YEAR
IMPROVEMENT
5~r /1// /lC#/ff&.!T
\\, .1/
C
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY
IMPROVEMENTIRESTORATIONS
SeE
4-/T/fC//#b/T ~ J/
OWNER CERTIFICATION:
I certify that I am presently the legal owner ofthe subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date:
Sil!:uature:
8-52
ATTACHMENT "C"
1989 IMPROVEMENTS
I. Foundation repair to stabilize house.
2. Major lathe and plaster repair to walls and ceiling to mend large cracks and to
stop sections from coming loose
3. Wall paper through out with design to mask repair and add original period feel.
I 990 IMPROVEMENTS
I. Extensive landscaping both front and back that includes remodeling both porches,
adding new driveways, walls, fencing.
2. Installed automatic water system through out both front and back areas.
3. Planted 67 parameter bushes to provide privacy to entire property.
4. Replaced 6 original windows with wood double hung windows to maintain the
original look.
1991 - 2007lMPROVEMENTS
I. Planted 16 types of various fruit trees.
2. Installed flagstone walk ways thru out the orchard area.
3. Installed two large brick paver patios in back area.
4. Built a large lathe house and raised vegetable planter boxes next to lathe house.
5. Replaced original clay pipe sewer system with modem system.
6. Installed modem air-condition and heating system leaving original 1930 Coleman
heater in place and still working great.
PRIORITY
IMPROVEMENTIRESTORA nON
1st Next 3 to 4 years
Continue to develop the orchard area. The
area was a orchard in the 1930 time period
2nd Next 5 to 10 years
Have current sun room that originally was
an open patio. Would like to do proper
research and restore to original look.
3'd On going
Continue with maintenance necessary to
keep property in fine condition.
8-53
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State at California - The Rescurces Agency
OEPARTMENT OF PARJ<S ANO RECReATION
Ser. No.
HASS_ HAER_ NR _ SHL L
UTM: A 493180 S 3610i5'0" oc_
C D
HISTORIC RESOURCES INVENTORY
--J
'DENTIFICATION
1. Common name:
Rn~p-mnrv Bullen House
2. Historic name: George Rife House
3. Street or rural address: 630 Del Mar Avenue
Citv
Chula Vista
Zip
92010
County
San Diego
4. Parcet number:
573-170-16
5. Present Owner:
Bernard & Rosemary Bullen
Address: 630 Del Mar Avenue
City
Chula Vista
Zip 92010 Ownership is: Public
Private
x
6. Present Use:
residential
OriginaJ use:
residential
.f).
DESCRIPTION
7a, ArchitectUral stYle: Bungalow
7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its
original condition:
Legal: CV Villa Tct, Blk I, Lot 14, N 90'
Craftsman influence is apparent in this mUlti-gabled one story
bungalow. The house features low gable roofs with wide eaves,
exposed rafter ends, and visible support beam ends. Two blind
gabled dormers face the left side and one faces the street. An
open front porch wraps around the left front corner and has tapered,
elephantine pillars on piers as supports. Green screens enclose
the porch. Windows in the house are fixed and casement. Other
details include two interior chimneys and clapboard siding laid
in a one wide, two narrow, one wide board pattern~ A row of
decorative beam ends, like large dentils, graces the front gable
end. The screens on the porch appear to represent an alteration.
8, ConstrUction date:
Estimated 1 q? 1 FactUal
9. Architect llT"lknnwT"l
10. Builder Genrcr~ 'Ri -fp
11. Appro", propert>! size (in Ilml
Frontage 9 0 Depth 290
or appro". acreage 0 , 60 Ac
Date(s) of enclosed photograch (sl
1985
13. Condition: Excellent ....x....Good _ Fair _ Deteriorated _ No longer in existence _
14. Alterations: qrpPT1 s~rp~ns on Dorch
15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings _ Densely ~uilt-up 2.-- )
Residential ~lndustrial_Cammercjal_Other:
16. Threats to site: None known.1L.Private development_ Zoning _ Vandalism
Public Works project _ Other:
17. Is the structUre: On its original site?
x
Moved?
Unknown?
18. Related features: two car qaraqe. trees and shrubs
SIGNIFICANCE
19. Briefly state historical and/or ard1itecturai importance (include dates. events. and persons associated with me site.)
Water was connected to this property on April 19, 1920 and this house
constructed in 1920 or 1921 for George and Ada Rife. Since George
was a carpenter and contractor, he might have built the house for
himself. He was born in Pennsylvania and carne to Chula Vista in 1920.
The Rifes lived here for a number of years. George Rife was well
known in Chula Vista and served as mayor, deputy tax collector and
as a City Councilman from 1934 to 1937. This house generally retains
integrity of design and materials and is a good example of the
Craftsman bungalows of the 1920s. The building also has historical
importance as the home of a former mayor of Chula vista.
(-\
,
Locationa! sketch map (draw and label site and
surrounding streets. roads. and prominent landmarks):
ONORTH
~
20. Main theme of the histOric resoun:a: (If more than one is
checked. number. in order of importance.)
Arch itecture 1 Arts & Leisure
E:onomic/lndustrial _Exp!orationlSettlement
Govemm;"'t 2 Military
R.ligion Social/Education
21. Sources (List bocKS. dCcJm.,ts. surveys. personal interviews
and their datesl.
Water records
SD union 5-13-37 (Rife obit)
CV Tax Assessment Rolls
City directories
22. Date form prepared q - q -1 q R S
By (name) T<' Wtoh~+-to,..
Organization ri+-y ("11= c:nnl a Vista:'
Address: P.G.Box 1087
~~ Chula Vista 4lP 92012
~OM: 691-510~
)
8-59
T
MILLS ACT ESTIMATION WORKSHEET
630 Del Mar Avenue
Historic Site # 15; The George Rife House
Current Assessed Valuation:
= $800,000
Current Taxes:
= $8,675 ($800,000 x 1.08443%)
(Per Annum)
(1.08443% = Neighborhood Tax Rate)
Potential Revenue (City):
= $8,675 x .147 = $1,275
(Per Annum)
(0.147 = City portion of each property tax dollar)
_~~Wi~;'1,):.J':':}
,>..:,...",,'-,
Recalculation With the Mills Act
Mills Act Valuation:
= $150,077
(Assesso~s Valuation Estimation)
New Taxes:
= $1,627 ($150,077 x 1.08443%)
Property Tax Savings:
= $8,675 -$1,627= $7,048
(Per Annum)
Potential Revenue (City):
= $239 ($1,627 x .147)
(Per Annum)
Potential Revenue Loss (City):
= $1,036 (Per Annum)
($1,275 - $239)
(Potential Revenue without Mills Act- Potential Revenue with Mills Act)
~\lft..
8_
CHUIAVJSTA
- ,
,
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
,~/"? I 07
/ I
Mills Act Agreement
between the City of Chu1a Vista and
Harriet Baber and Roger Baber
for the property located at
613 Second Avenue
Chula Vista, California 91910
8-61
ATTACHMENT 4
613 Second Avenue
Historic Site #10
The Byron Bronson
House
8-62
~\~
-r-
CITY OF CHULA VISTA
PLANNING & BUILDING DEPARTMENT
276 Fourth Avenue
Chula Vista, CA 9 I 9 I 0
IHI~. ~ t~
V~~ 30
Mills Act
APPLlCA nON FORM
CllYOF
CHUIA VISfA
II APPLICANT/OWNER INFORMATION II
ApplicanUOwner Name: JImP.r R.<lF.R.
ApplicanUOwner Address: "I,~" A"~'kjF. . C?"", \/'.,,4 Q/Q/O-5135-
Phone: '
Secondary Owner Name: Ko&ee RM3e"-
Owner Address: (.,13 ~"" k,&."F.. C>IlM \!.w..
.
Staff Use
Case #: ~
D:=Itp. Sllhmittect
Phone: '
NAME:~""e.
SIGNATURE: _
DATE: w. ~t
OWNER APPROV AL IS REQUIRED
NAME: eo4:=,"'1.. €A:4~
SIGNATURE. R . i;.,..,L.J
DATE: .r,/'UJ! 6"
,
II PROPERTY INFORMATION
Property Address: "13 g""""" tlv6l1ue
Assessor's Parcel Number (Required):
II
r..,,~. V..... r?A "TAtO' 5"f36-
S-:;Z-/1o-I/-OO Zone:
/(-1
I HISTORIC/LANDMARK INFORMA nON
Is the site on the Local Register Listing? Yes ./ No
Date of Designation
Is the site designated as Historic on the State and/or
Date of Designation:
.I//.$/. n'c Vi <: '/0 /I
77Le V/1J/JuM f721aJ
National Register?
II
II PROPOSED STRUCTURE/IMPROVEMENT
The goal of the Mills Act Program is to encourage the use, maintenance, and restoration of historical properties and retain their
characteristics as properties of historical significance. Please list restoration improvements, either specific or general, that you/the
owner intend to carry out to achieve/maintain the goal of the Mills Act Program. (Attach a separate sheet if~ecessary)
#'" {}(}!k2; (~r'lJI\;'j '" ""~1lM -\0 SJ:yIE 't MllUU), pM:"" fITF..I>1~" I F;;fIr";',;'" C4i/.~"'~ -to ~ o~ 00 f\M.r .ollliJ Mfi)
~L~~i1F.~ lUTF.~OQ.. CA-RpP.J~ V REp4iQ uVI}IR, P-C~H~H ural> .f!ln"~) LAA~f\It",.. 'In ~N ,<;'pI2.iA/I.CIFlL syF71A A-Am
1'1* It,A(''K: ("}u)F:tJf~ ).. ~ :J~'1'lD4 1~1:5 rt.a.~[; t<;. 4 ^"F.~ CoM~ MID SAA "Jc 111~JT' .", R~tr'.tC.G tf +r. -lu-t=i
LMJf);:flllll If 'i)F.<..6r:21fF.S l!.Uf VC~ I\- flAvG -\H-6 1I.OoIJo/!
8-63
Recording Requested by and
Please Return to:
City Clerk
City ofChu]a Vista
P.O. Box ]087
Chu]a Vista, CA 9]9]2
1J
This Space for Recorder's Use Only
1J
APN(s) 573-190-11-00
MILLS ACT AGREEMENT
For property located at 613 Second Avenue, Chula Vista, CA 91910
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and Harriet Baber and Roger Baber ("Owners").
RECITALS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance.
WHEREAS, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No. 573-190-11-00, and
generally located at the street address 613 Second Avenue, Chula Vista, California, 91910,
(Historic Site # 1 0).
WHEREAS, the Chula Vista City Council declared and designated the above property as
Historical Site Number 10, pursuant to Chula Vista Municipal Code Section 2.32.070. A-F.
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of
the California Revenue and Taxation Code (and as amended from time to time).
NOW THEREFORE, in consideration ofthe mutual benefits and covenants, City and Owner
agree as follows:
1. Compliance with Council Policy. Owner shall comply with Council Policy Number 454-
01 incorporated herein by this reference.
8-64
Page 2 of6
Mills Act Contract
2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a. Owner shall preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary ofthe Interior and as amended from time to time (Attachment
A). Work shall be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B).
b. Owner shall maintain all buildings, structures, yards and other improvements in a
manner which does not detract from the appearance of the immediate
neighborhood. The following conditions are prohibited:
i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs,
doors, walls and windows;
11. Scrap lumber, junk, trash or debris.
111. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV. Stagnant water or excavations, including pools or spas;
v. Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location.
c. Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization.
d. The owner shall allow visibility of the exterior of the structure from the public
right-of-way.
e. Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal of the Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources and the
City Council prior to the issuance of such permit.
[, Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3. Information of Compliance. Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions ofthis Agreement.
4. Cancellation. City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq., may cancel this Agreement ifit determines
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property. In addition, City may cancel this Agreement if it
8-65
Page 3 of6
Mills Act Contract
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered
or removed the historic site. In the event of cancellation, Owner shall be subject to
payment of those cancellation fees set forth in California Government Code Section
50286.
5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate. City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set
forth herein shall be deemed covenants running with the land and shall pass to and be
binding upon the Owner's successors and assigns in title or interest to the Historic Site.
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance of the Historic Site for the
benefit of City, the public, and Owner.
7. Effective Date and Term of Agreement. This Agreement shall be effective and
commence on December 11, 2007 (but no earlier than approval of the agreement by the
City Council), and shall remain in effect for a term of ten (10) years thereafter. Each year
8-66
Page 4 of6
Mills Act Contract
upon the anniversary of the effective date, such initial term will automatically be
extended as provided in paragraph 8 below.
8. Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term of this Agreement
unless notice of non-renewal is mailed as provided herein. If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (1) year shall automatically be added to the term of the
Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice. City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either from its original
execution or from the last renewal of the Agreement, whichever may apply.
9. Notice. Any notice required to be given by the terms of this Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party.
To City: City of Chula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s): Harriet and Roger Baber
613 Second Avenue
Chula Vista, CA 91910
8-67
Page 5 of6
Mills Act Contract
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise.
b. Approval of this request shall not waive compliance with all sections of Title 19
(Zoning) of the Municipal Code, and all other applicable City Ordinances
c. Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site. Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason ofthe operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site.
d. All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation of law or
in any manner whatsoever.
e. In the event that any of the provisions ofthis Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby.
f. This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public. Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
11. Recordation. No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego.
12. Amendments. This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
8-68
Page 60f6
Mills Act Contract
13. Attornev Fees. In the event legal proceedings are brought by any party or parties to
enforce or restrain a violation of any of the covenants, reservations or restrictions
contained in this agreement, the prevailing party in such proceeding may recover all
reasonable attorneys' fees to be fixed by the court, in addition to court costs and other
relief ordered by the court.
14. Bargaining Power. This agreement has been agreed to by the parties only after
negotiations between City and Owner(s), both of which were represented by counsel.
Accordingly, this agreement shall not be construed as if it had been prepared only by City
or Owner(s), but rather as if both City and Owner(s) had prepared the same.
15. Counterparts. This agreement may be signed in one or more counterparts, each such
counterpart shall be considered as part of and the same document as all other related
counterparts.
8-69
Page 7 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
613 Second Avenue, Chula Vista, CA 91910
CITY OF CHULA VISTA
OWNER(S) OF RECORD
Date:
Date:
Approved:
By:
Cheryl Cox, Mayor
(Notarized Signature)
Date:
Date:
Attest:
By:
Susan Bigelow, City Clerk
(Notarized Signature)
Date:
Approved as to form:
Ann Moore, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC A TT ACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL.
8-70
ATTACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2. The historic character of a property shall be retained and preserved. The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided.
3. Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8. Significant archaeological resources affected by a project shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a
manner that ifremoved in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
8-71
1,.{2 0)f'>CI UWfl,e-{J
li' J
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past I 0 years to maintain or rehabilitate this property.
YEAR
1'1'17
'-OOb
IMPROVEMENT
~X"'RIOR P'lwreD
T~ -to ~'$RM1N.4rE" -rt=RMl~
Please list the improvements and restorations that you intend to make over the next 10
years. List them in order of your priority based upon anticipated need for proper
maintenance.
PRIORITY
IMPROVEMENTIRESTORA TIONS
~"f"J'O" G<L""RS (CA~ - """" D"}l:1f ~""' +-0 Do
~Mr .q/\.O .{lIX~/vJSPKLJMr Spu.U('LEItS
) eq-82Jca. CAQ.'Pe1JTT2L\: ~ RDtiv\ti- 80,4Q!b Oft) ..ffWlVT f'OQtl+ I l.\.'('.Lj)[lrNZ::--
S~t2S,.ctX ~ smtR.W~-to lIf&'IAI~
P'\Ill """"'lOR
1SI- ~lO(Zti)'
~
I )-
'lRa$ ~ G'<.ieNSl\E ~ 10 WQ:lD - WST Rof, DR;Y aor 4ND ~re
D~-\'AAr"'''Ell<-Io""R,;fl4trzEl)
lHEa6 IS. lkto J:K:t(1tMAL- \ltCll tl.l:iQj(', e.s. wlJ\.otC\lJ ~ -h\4.r (\}SEV
-Ie 1!6 ""'" ""..... Wte12lO"- 1!1llicl-l t>ts f'lWlIle><.S O~.\l"'ef\..-
~-n;f). THe 1'uo2s llISll NE>'1J m 136 126fw1S~
C"'MIJ~ Ue.;l> -m ~6 ~
$~ ooa> '"' Bb ~€l) IN 01>.00fL -lo MMNVli.oJ ll>w<1i
OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property. Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date:
Signature:
8-72
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David 019.253.7723
tography by
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State of California _ The Aesources Agency
DePARTMeNT OF PARKS AND ReCReATION
Ser. No.
HABS_ HAER_ NR _ SHL _ Loc_
UTM: A 4'n:nO B 3610300
C 0
/./,,/" ,
HISTORIC RESOURCES INVENTORY
-;
OENTIFICATION
1. Common name:
Byron Bronson House
2. Historic name:
Byron Bronson House
3. Street or rural addre.s:
613 Second Avenue
. City
Chula Vista'
Zip ,92010
County San Diego
4. Parcel number:
573-190-11
5. Pre.ent Owner: Philip E & Judy E Barney
Addre..: 613 Second Avenue
City
Chula Vista
Zip 92010 Ownership i.: Public
PrivatI
x
6. Present Use:
resid~ntial
Original us.:
residential
i
'-../
DESCRIPTION
7a. ArchitectUral style: Queen Anne Victoriap.
7b. Briefly describe the present physical description of the;tsite or structure and describe any maior a'terations from its
original condition:
Legal: CV Sub QS 122,par 1 por Lot 1
This 2 1/2 story Queen Anne house features a high hip and steep
gable roof with boxed cornices, decorated barge boards and gable
ornaments. Twin ornate chimneys rise through the roof. A round
tower is capped by a conical roof with a finial on top. Typical
of this style, different materials have been used to vary the
texture of the house exterior. Fishscale and square end wooden
shingles are laid in horizontal bands on the gable ends, the
tower roof, and between the first and second levels. Wide,
horizontal shiplap siding is found elsewhere. An open one story
veranda extends across the front of this house. The turned porch
roof supports and a stickwork railing add to the charm of this
local landmark.
S. Construction date:
Estimated 1888 Factual
9. Arch itect unknown
10. Suilder unknown
11. Approx. propert;l ,ize (in feetl
Frontage 42 Depth 211
or approx. acreage
-'c- 12. Oate(,) of enclosed photograch(sl
1985
13. Condition: Excellent -,,-Good _ Fair _ Deteriorated _ No longer in existence ~
14. Alterations: ,.,,...,-nQ .::lrr.::l"-C1"'l+-
15. Surroundings: (Clleck more than one if necessary) Open land _Scattered buildings _ Oensely built-up ---"L
Residential ..x-Industrial _Commercial_DtI1er:
)
16. Threats to site: None known.....x...?rivate development_ Zoning _ Vandalism
Public Works project _ Other:
17. Is the structUre: On its original site? x
Moved 7
Unknown?
18. Related features:
carriage house at 611 Second Avenue, trees, shrubs
SIGNIFICANCE
19. Briefly state historical and/or ard1itectural importance (include dates. events, and persons associated with the site.)
This spectacular house known locally as the "Blue Castle" has been
designated Chula Vista Historic Site No. 10. The early history
of the home is unknown, although it apparently was constructed
around 1888. The San Diego Land & Town Company sold the property
to Emma Bronson, the wife of Byron Bronson, in 1907. Mr. Bronson,
a rancher, passed away on Jan. 14, 1913 at the age of 54. His
widow lived in the house until 1916, when she sold the property to
Florence Bean, the wife of Charles M. Bean, also a Chula Vista rancher.
The Beans held the property until 1949. This house is an outstanding
example of Queen Anne architecture in Chula Vista and retains
integrity of design and materials.
\
.J
Locational sketch map (draw and labet site and
.~"'_._"'" -.i~;:::'
20. Main theme of the histOric resource: (If more than onE! is
checked. number in order of impomncee)
Architecture x Arts & Leisure
S""nomic/lndustrial _SxplorationlSettiement
Government Military
RAligion Social/EduC3tion
21. Sources (List books, documents. surveys. personal interviews
and meir datesl.
C.V. Booklet of Historic Sites
22. Date form prepared 8 - 3 -19 8 5
By (namel K Webster
Organization Ci tv of Chula Vista
Addr...: P.O. Box 1087
CjtV Chula Vista Zip 92U.l2
Phone: 691-5101
-"
,.
8- 6
MILLS ACT ESTIMATION WORKSHEET
613 Second Avenue
Historic Site # 10; The Byron Bronson House
Current Assessed Valuation:
= $900,000
Current Taxes:
= $9,760 ($900,000 x 1.08443%)
(Per Annum)
(1.08443% = Neighborhood Tax Rate)
Potential Revenue (City):
= $9,760 x .147 = $1,366
(Per Annum)
(0.147 = City portion of each property tax dollar)
.jgE~~~~;. '. ..... .'. Recalculation With the Mills Act
Mills Act Valuation:
= $163,478
(Assessor's Valuation Estimation)
New Taxes:
= $1,773 ($163,478 x 1.08443%)
Property Tax Savings:
= $9,760 -$1 ,773 = $7,987
(Per Annum)
Potential Revenue (City):
= $260 ($1,773 x .147)
(Per Annum)
Potential Revenue Loss (City):
= $1,106 (Per Annum)
($1,366 - $260)
(Potential Revenue without Mills Act. Potential Revenue with Mills Act)
~\lf.t-
.
~utA VISTA
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MILLS ACT CONTRACTS
BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS
OF THE HISTORIC SITES LOCATED AT 209 "D" STREET, 210
DAVIDSON STREET, 630 DEL MAR AVENUE, AND 613
SECOND AVENUE, AND AUTHORIZING THE MAYOR TO
SIGN SAID AGREEMENTS
WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical properties to
provide for the use, maintenance, and restoration of such historical properties so as to retain their
characteristics as properties of historical significance; and,
WHEREAS, following Council's Policy Number 454-01, adopted May 29, 2001, upon
approval by City Council the City of Chula Vista will be able to enter into said Mills Act
Agreements with property owners of qualified historic properties; and,
WHEREAS, City and Owners, for their mutual benefit, now desire to enter into these
Agreements both to protect and preserve the characteristics of historical significance of the
Historical Sites and to qualify the Historical Sites for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of
the California Revenue and Taxation Code (and as amended from time to time; and,
WHEREAS, the Owners are determined to be the owners of: 209 "D" Street, 210
Davidson Street, 630 Del Mar Avenue, and 613 Second Avenue; and,
WHEREAS, State legislation defines a qualified historic property as any property that is
listed on a national, state or local historic register; and,
WHEREAS, all said properties are all listed on Chula Vista's List of Historic Sites, and
therefore are all deemed as "qualified historic properties"; and,
WHEREAS, the Resource Conservation Commission at their regular meeting held on
November 19, 2007, reviewed each contract in its entirety and voted 5-0-0-2 (Commissioner
Gilgun and Commissioner Macias absent) to recommend that the City Council approve said
contracts; and,
WHEREAS, the Environmental Review Coordinator has determined that this action is
exempt per the California Environmental Quality Act (CEQA), Section 15331, Class 31,
Historical Resources Restoration and Rehabilitation.
J:\Attomey\RESO\PLANNrNG\MilIs Act contracts_12-] ].Q7.d.oc
8-78
Resolution No. 2007-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the
executed Mills Act contracts between the City of Chula Vista and the owners of the following
historic properties: 209 "D" Street, 210 Davidson Street, 630 Del Mar Avenue, and 613 Second
Avenue, all located in the City ofChula Vista.
Presented by:
Approved as to form by:
James D. Sandoval
Director of Planning & Building
l:\AllorncyIRESO\PLANNING\Mills Act conlfacts_12-11-07.doc
8-79
CITY COUNCIL
AGENDA STATEMENT
~~ CITY OF
U~~ CHUlA VISTA
12/11/2007
Item Gj
SUBMITTED BY:
REVIEWED BY:
RESOLUTION ACCEPTING $15,356 FROM
THE BUREAU OF JUSTICE ASSISTANCE AND
APPROPRIATING SAID FUNDS TO THE POLICE
GRANT FUND FOR THE BULLETPROOF VEST
PARTNERSHIP.
CITY MANAGER
4/5THS VOTE: YES X NO
ITEM TITLE:
BACKGROUND
On June 16, 1998, the Bulletproof Vest Partnership Grant Act of 1998 was signed as law.
The purpose of the Act is to save the lives of law enforcement officers by helping States
and units of local government equip their law enforcement officers with armor vests. The
Bulletproof Vest Partnership (BVP) is a program of the U.S. Department of Justice
administered by the Bureau of Justice Assistance (BJA). The program is designed to pay
up to 50% of the cost of bulletproof vests for law enforcement officers. BJA announces
BVP funding opportunities on an annual 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
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
That Council adopts the resolution accepting $15,356 from the Bureau of Justice
Assistance and appropriating said funds to personnel services of the Police Grant Fund
for the Bulletproof Vest Partnership.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
9-1
12/11/2007, lteml
Page 2 of2
DISCUSSION
In March 2007, the Bureau of Justice Assistance (BJA) announced the new Bulletproof
Vest Program (BVP) funding opportunity for FY 2007. The Police Department applied
for funding and was recently notified by BJA that the application was approved. The
BVP funding will pay for 50% of the cost of bulletproof vests for new officers and
routine replacement (vests have a life span of five years). Matching funds are already
included in the Police budget.
The Bulletproof Vest Partnership is a non-competitive program. The BVP Act of 2000
requires that BJA give funding priority to jurisdictions with populations under 100,000
residents by awarding those jurisdictions the full 50% of the application total, with any
remaining funds available for applications from jurisdictions over 100,000 people. The
Department has been receiving BVP awards since 2000 and has been awarded $15,356
for the FY 2007 funding period. FY 2007 BVP funds remain available until September
30,2011.
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 IMP ACT
Approval of this resolution will result in the appropriation of $15,356 to the personnel
services category of the Police Grant Fund. Sufficient funds have been identified in the
Police budget to meet the 50% local match requirement. The funding from the Bureau of
Justice Assistance will offset the $15,356 appropriation, resulting in no net fiscal impact.
ATTACHMENTS
None.
Prepared by: Jonathan Alegre, Senior Management Analyst, Police Department
9-2
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $15,356 FROM THE BUREAU
OF JUSTICE ASSISTANCE AND APPROPRIATING SAID
FUNDS TO THE POLICE GRANT FUND FOR THE
BULLETPROOF VEST PARTNERSHIP
WHEREAS, the Bulletproof Vest partnership is a program of the U.S. Department of
Justice (administered by the Bureau of Justice Assistance) designed to pay up to 50 percent of
the cost of bulletproof vests for law enforcement officers;
WHEREAS, the Police Department requested funding Via the Bulletproof Vest
Partnership program;
WHEREAS, the Police Department was awarded $15,356 for the purchase of bulletproof
vests; and
WHEREAS, the grant requires a 50 percent local match that has been identified in the
Police Department budget.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept 415,536 from the Bureau of Justice Assistance and appropriate said
funds to the personnel services category of the Police Grant Fund for the Bulletproof Vest
Partnership.
Presented by
Approved as to form by
~~J-b&a4/Jv f
' n Moore
. ity Attorney
Jack Griffin
Director of General Services
J:\Altomey\RESO\FINANC~\Accept $S from BUrelIU of Justice ASIIistancc_IZ.l1.07.doc 9 _ 3
CITY COUNCIL
AGENDA STATEMENT
:$'Yf:.. CllY OF
:: - CHUlA VISTA
December 11, 2007 Item~
ITEM TITLE:
RESOLUTION APPROVING THE MEMORANDUM
OF UNDERSTANDING (MOD) AMONG THE
COPERMITTEES OF SAN DIEGO COUNTY, AS
REQUIRED TO COMPLY WITH THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
MUNICIPAL PERMIT, ORDER NO. R9-2007-0001, AND
AUTHORIZING THE MAYOR TO SIGN THE MOU ON
BEHALF OF THE CITY. ;;
DIRECTOR OF PU~BLIC W~~S~
CITY MANAGER WI
ASSISTANT CITY A ER c:;; r
4/5THS VOTE: YES NO X
SUBMITTED BY:
REVIEWED BY:
BACKGROUND
Since 1990, when the Regional Water Quality Control Board (Regional Board) fust
adopted the National Pollutant Discharge Elimination System (NPDES) Municipal
Permit for San Diego County, the City of Chula Vista has been cooperating with other
Coperrnittees in the implementation of regional programs. This cooperation has
necessitated entering into several agreements (or MOUs) throughout the years for shared
program responsibilities and costs. The MOUs are modified approximately every five
years, concurrent with the re-issuance of the NPDES Municipal Permit, to address
specific permit requirements, and to defme associated Copermittees' shared regional
responsibilities and financial obligations. The proposed MOU will be entered into by the
County of San Diego, the San Diego Unified Port District, the San Diego County
Regional Airport Authority, and all of the incorporated cities of San Diego County (all
Copermittees of the Permit, Order No. R-2007-000l [Permit]). It establishes the shared
program responsibilities of each party with respect to compliance with the Permit
regulations, which are administered by the Regional Board.
ENVIRONMENTAL REVIEW
CEQA Determination: The Environmental Review Coordinator has determined that
entering into a Memorandum of Understanding with the Copermittees of the NPDES
Municipal Permit, Order No. R9-2007-000l is exempt from the California Environmental
10-1
December 11, 2007, Item~
Page 2 of7
Quality Act pursuant to Section 15307, Class 7 (Actions by Regulatory Agencies for
Protection of Natural Resources). No further environmental review is necessary.
RECOMMENDATION
That Council adopt the Resolution approving the Memorandum of Understanding and
authorizing the Mayor to sign the MOU on behalf of the City.
BOARDS/COMMISION RECOMMENDATION
Not Applicable.
DISCUSSION
The United States Environmental Protection Agency (USEP A) proposed regulations
(published December 8, 1988 in the Federal Register) for the issuance ofNPDES Permits
to regulate storm water discharges into the waters of the United States. The USEP A
regulations require NPDES permits for discharges from municipal storm drains on a
system-wide or jurisdiction-wide basis. The San Diego Permit is system-wide, covering
all jurisdictions of San Diego County. Pursuant to the Federal Clean Water Act and the
California Porter-Cologne Water Quality Act, the Regional Board issued permits to the
San Diego County Copermittees in 1990, 1999 (Tentative Order), and 2001. On January
24, 2007, the Regional Board adopted a new Permit, Order No. R9-2007-0001, which
supersedes the 2001 NPDES permit.
The Permit requires all parties (named as Copermittees) - the County of San Diego, the
San Diego Unified Port District, the San Diego County Regional Airport Authority, and
the incorporated Cities of San Diego County - to collaborate in the development and
implementation of regional and watershed urban runoff management plans, including the
execution of an agreement (MOU, Attachment 1).
I. Current MOU
The current MOU is dated December 3, 2001, and includes provlStons for all
Copermittees' collaboration on regional program management implementation and cost
sharing. It was developed to address the 2001 NPDES Municipal Permit requirements.
The current MOU was amended once to extend its term to December 31,2007. The new
MOU builds upon the current MOU, but includes additional provisions to address the
new regional management structure, all Copermittees' responsibilities, voting rules and
regulations, default cost sharing formula, and a special cost sharing formula for
development of a Hydromodification Management Plan. The Copermittees have
successfully worked together under the previous MOUs and the new MOU, which is an
expansion of the current MOU, is expected to provide ground rules for successful
Copermittee cooperation during the life of the new NPDES Municipal Permit, Order No.
R9-2007-0001.
The following summarizes the significant provisions in the proposed MOU:
10-2
December 11, 2007, Item 1,0
Page 3 of7
II. Responsibilities of All Copennittees
A. Performance of. and Reimbursement for Program Tasks
Under the MOU, all Copermittees will be required to perform their share of tasks
necessary to fulfill general program and watershed responsibilities. All Copermittees
will be required to have representation and participation; chair; co-chair; or perform
secretarial duties in the Management Committee, Program Planning Subcommittee,
or Regional Workgroups as described in detail in the MOU. Any Copermittee that
performs contract administration tasks to fulfill Budgeted General Program
Responsibilities is entitled to reimbursement of contract management costs at a rate of
5% of the total contract cost. Any individual Copermittee performing tasks other than
contract administration or serving as a Working Body chair, co-chair, or secretary, is
entitled to reimbursement of the direct costs of performing those services, as
explained in the following sections.
B. Fiscal Responsibilitv
Prior to the allocation of shared costs, each proposed or approved budget element will
be identified as (I) a Regional General Program Cost, (2) a Watershed General
Program Cost, or (3) an Other General Program Cost and the Copermittees sharing
costs will be identified.
Each Copermittee's share of the costs will be based either on a Default Formula or on
a Special Formula. In the case of the Default Formula, the shared costs will be
divided in the following manner: 45% based on urbanized land area, 45% based on
population, and 10% divided equally among all Copermittees. Special Formulas may
be applied to any shared General Program Cost, but require the approval of a
supermajority of the Copermittees sharing the program costs.
A Special Formula will be used for the costs of developing a Hydromodification
Management Plan (HMP). The initial cost estimate for development of a HMP is
$1,000,000 over a two-year period. A consultant has been hired to provide expert
services needed for the development of the HMP document. The Special Formula
used for sharing the HMP cost is as follows:
10% divided equally among all Copermittees; and, 90% divided based on the
estimated number of developable parcels within each Copermittee's jurisdiction.
The City ofChula Vista's share of the HMP costs will be about 10% of the total
cost, or about $100,000.
Subject to the approval of the Copermittees partIcIpating in a particular Shared
General Program, a Copermittee may provide an in-kind contribution rather than a
monetary contribution toward all or part of the cost of an activity.
To ensure that Copermittees have sufficient time to budget adequate funds, no later
than January 31st of each year the Management Committee will approve and
distribute to the Copermittees a fmal Regional Work Plan and Regional Shared Costs
10-3
December 11, 2007, 1tem~
Page 4 00
Budget. For Regional General Programs, the Copermittees will each pay a yearly
assessment into a Regional General Program Operations Fund. The Principal
Permittee will manage the Regional General Program Operations Fund. Similarly,
for Watershed General Programs, the Copermittees within the watershed will each
pay a yearly assessment into a Watershed General Program Operations Fund. The
Watershed Lead Copermittee will manage the Watershed General Program
Operations Fund. The City of Chula Vista is located within the San Diego Bay
Watershed, and the San Diego Unified Port District is the Lead Copermittee for the
watershed.
III. Reeional General Proerams
A. Regional Principal Permittee
The Copermittees have designated the County of San Diego as the Principal
Permittee. In addition to having the same responsibilities as other Copermittees, the
Principal Permittee will provide general coordination for the development and
implementation of Regional General Programs, including but not limited to: a)
chairing and providing overall coordination and leadership of the Regional
Management Committee and the Regional Program Planning Subcommittee, b)
Collecting and assembling individual and joint program reports, and submitting them
to the Regional Board, c) Maintaining knowledge of, and advising the Copermittees
of current and proposed State and Federal policies, regulations, and other NPDES
programs.
B. Regional Storm Water Management Committee
The purpose of the Management Committee is to provide a public forum for the
development, approval, and coordination of urban runoff management programs, and
for the exploration of issues of regional significance. The Management Committee
will consist of one participant representing each Copermittee. Each Copermittee will
have one vote. The Management Committee will meet at least four times per year.
The Management Committee's responsibilities will include but not be limited to: a)
addressing common issues, promoting consistency among jurisdictional and
watershed programs, and planning and coordinating activities required under the
Permit, b) developing, implementing, and arranging for the implementation of
Regional General Programs, c) providing a forum for public participation in the
development and implementation of regional urban runoff management programs and
activities, d) formally approving the recommendations, work products, and
deliverables of Working Bodies presented for consideration, e) adopting an annual
regional Work Plan and Shared Costs Budget.
C. Regional Program Planning Subcommittee
The purpose of the Planning Subcommittee will be to provide regional coordination
of urban runoff management activities, to develop and implement Regional General
10-4
December 11, 2007, Item~
Page 5 of7
Programs, and to direct and coordinate the activities of regional, watershed, or other
general programs. The Planning Subcommittee will meet at least six times per year.
At a minimum, the Planning Subcommittee's responsibilities will include but not be
limited to: a) serving as an intermediary between the Management Committee and
other Copermittee Working Bodies, b) planning and coordinating Management
Committee meetings, c) scheduling, coordinating, and tracking the progress of
Working Bodies in the completion of their assigned responsibilities, d) directing and
assigning work products and information requests between Working Bodies, e)
conducting regional program planning, including developing an annual Regional
Work Plan and Regional Shared Costs Budget for Management Committee
consideration and approval, f) providing a representative to each Regional
Workgroup, g) regularly coordinating with Regional Board staff, stakeholders,
regulated parties, and other interested partied to identify and explore key regional
issues and concerns.
The Planning Subcommittee will be comprised of one participant from each
Watershed Lead Copermittee. Annually, up to two additional representatives may be
appointed to the Planning Subcommittee with the approval of the Management
Committee.
D. General Responsibilities of Regional Workgroups and Sub-Workgroups
The purpose of Regional Workgroups and Sub-workgroups is to provide regional
coordination of urban runoff management activities within assigned subject areas, to
develop and implement recommended Regional General Programs, and to provide
coordination of activities with stakeholders and interested parties. Regional
Workgroups are advisory to the Management Committee through the Planning
Subcommittee. Regional Sub-workgroups are advisory to the Regional Workgroups
to which they are subordinate. Each Regional Workgroup and Sub-workgroup will
meet at least four times per year.
At a minimum, each Regional Workgroup and Sub-workgroup's responsibilities will
include, but not be limited to: a) facilitating consistency in the development,
implementation, review, and revision of General Programs, and the development of
associated reports and work products, b) developing, annually reviewing, and
updating as necessary subject-specific standards for reporting, assessment, and data
and information management, c) developing and implementing Regional General
Programs, d) regularly coordinating with Regional Board staff, stakeholders,
regulated parties, and other interested parties to identify and explore key regional
issues and concerns.
Regional Workgroups and Sub-workgroups are as follows:
1. Fiscal, Reporting, and Assessment Workgroup
2. Education and Residential Sources Workgroup
3. Regional Monitoring Workgroup and Sub-workgroups (including Dry
Weather and Coastal Storm Drain Sub-workgroups)
10-5
December 11, 2007, Item~
Page 6 of7
4. Regional Watershed Urban Runoff Management Workgroup and Sub-
workgroups (including nine Watershed Sub-workgroups)
5. Land Development Workgroup
6. Municipal Activities Workgroup
7. Industrial and Commercial Sources Workgroup
IV. Watershed General Proerams
A. Watershed Lead Permittees
There are nine Watershed Management Areas defined in the Permit. The City of
Chula Vista is located within the San Diego Bay Watershed. The San Diego Unified
Port District has been nominated in the Permit as the Watershed Lead Permittee of the
San Diego Bay Watershed. In addition to having the same responsibilities as other
Copermittees in the watershed, each Watershed Lead Permittee will provide general
program coordination for Watershed General Programs applicable to their respective
Watershed Management Area, including but not limited to: a) establishing, chairing,
and providing overall coordination and leadership of its respective Watershed Urban
Runoff Management Program Sub-workgroup, b) collecting and assembling the
individual and joint program reports and plans, and submitting them to the Regional
Principal Permittee or the Regional Board as required in the Permit, c) maintaining
knowledge of, and advising the Watershed Copermittees on current and proposed
watershed-related State and Federal policies, regulations, and other NPDES
programs.
B. Watershed Urban Runoff Management Sub-workgroups
For each of the nine Watershed Management Areas defined in the Permit, a
Watershed Urban Runoff Management Program (Watershed URMP) Sub-workgroup
is established. Each of the Watershed Copermittees will have one participant as a
member of the Watershed URMP Sub-workgroup. Each Watershed URMP Sub-
workgroup will meet at least four times per year.
At a minimum, each Watershed URMP Sub-workgroup's responsibilities will include
but not be limited to: a) developing and implementing a Watershed URMP as
required by the Permit, b) developing and implementing watershed activities and
programs that are consistent with all minimum regional standards established through
the Regional Watershed Urban Runoff Management Program (Watershed URMP)
Workgroup and approved by the Management Committee, c) providing data,
information, and other input to the Regional Watershed URMP Workgroup and other
Copermittee Working Bodies
V. Dispute Resolution
Should a dispute arise among any of the parties regarding any matter related to the MOU,
the parties agree to first meet and confer in good faith to attempt to resolve the dispute. If
that fails to resolve the dispute, they shall submit the matter to mediation.
10-6
--
----~---~_.._------,-- -
December 11, 2007, Item~
Page 7 of7
VI. Life of Ae:reement
The MOU will become effective and binding on all parties upon the date the last party
executes the MOU. The life of the MOU will run with the life of the current Permit plus
twelve months. Participation in the MOU may be withdrawn by any Copermittee for any
reason only after the Copermittee complies with all of the conditions of withdrawal,
including: a) notification at least 90 days prior to the intended withdrawal, b) payment of
all expenses associated with the withdrawal, including obtaining an individual NPDES
permit, c) settlement of accounts payable for any shared costs.
DECISION MAKER COFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and, consequently, the 500 foot rule found in California Code of
Regulations Section 18704.2(a)(l) is not applicable to this decision,
FISCAL IMPACT
The MOU is an agreement among the Copermittees, which describes how regional and
watershed costs will be distributed. The MOU by itself will not result in a fiscal impact
to the City; however, significant additional expenditures by the City will be required to
achieve compliance with the NPDES Permit. In addition to regional and watershed
programs and costs, each of the parties to the MOU will have jurisdictional obligations
under the Permit within their own jurisdictional boundaries. The MOU does not set
precedent on the sharing of jurisdictional compliance costs. Each agency pays those
compliance costs within its jurisdiction. The City of Chula Vista's regional, watershed,
and jurisdictional costs for Permit compliance in Fiscal Year 2007-2008 have been
included in the City's budget for Fiscal Year 2007-2008. Cost estimates for Permit
compliance for the remaining life of the Permit were presented to the Council in an
Agenda Statement on May 15,2007.
ATTACHMENTS
National Pollutant Discharge Elimination System, San Diego Regional Stormwater
Copermittees, Memorandum of Understanding, 2007.
Prepared by: Khosro Aminpour, Senior Civil Engineer, Department of Public Works
H:\NPDESlAgenda\2007 MOV Approval.doc
10-7
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
~{~\\~~~
Ann Moore
City Attorney
Dated:~~:i ro~~'C S 1.Do/
,
National Pollutant Discharge Elimination System
San Diego Regional Stormwater Copermittees
Memorandum of Understanding
November 16,2007
10-8
Attachment 1
National Pollutant Discharge Elimination System
San Diego Regional Stormwater Co permittees
MEMORANDUM OF UNDERSTANDING
November 16, 2007
This Memorandum of Understanding (MOU), entered into by the County of San Diego (County), the
San Diego Unified Port District (Port), the San Diego County Regional Airport Authority (Airport),
and the incorporated cities of San Diego, Carls bad, Chula Vista, Coronado, Escondido,
Imperial Beach, La Mesa, San Marcos, Del Mar, EI Cajon, Encinitas, Lemon Grove, National City,
Oceanside, Poway, Santee, Solana Beach, and Vista (Cities), collectively called Copermittees,
establishes the shared program responsibilities of each party with respect to compliance with the
National Pollutant Discharge Elimination System (NPDES) stormwater permit regulations
administered by the United States Environmental Protection Agency (U.S. EPA) under the authority
granted by the Federal Water Pollution Control Act (Clean Water Act) 33 USCA 1251 et seq. as
amended.
RECITALS
WHEREAS, in 1987 Congress amended Section 402 of the Federal Water Pollution Control Act
(33 USCA g1342p) to require the U.S. EPA to promulgate regulations for applications for permits
for stormwater discharges; and
WHEREAS, the U.S. EPA adopted fmal permit regulations on November 16,1990; and
WHEREAS, these permit regulations require the control of pollutants from stormwater discharges by
requiring an NPDES permit, which would allow the lawful discharge of stormwaters into waters of
the United States; and
WHEREAS, the County, the Port, the Airport, and the Cities desire to implement an integrated
stormwater management program with the objective of improving surface water quality in the
County of San Diego; and
WHEREAS, the California State Water Resources Control Board (CSWRCB) as designee of the
U.S. EPA has delegated authority to the San Diego Regional Water Quality Control Board (Regional
Board) for administration of the NPDES stormwater permit within the boundaries of its region; and
WHEREAS, on, January 24, 2007, the Regional Board issued an NPDES permit as Order No. R9-
2007-000 I (Permit) governing waste discharge requirements for stormwater and urban runoff from
the County, the Port, the Airport, and the Cities, naming these entities as Copermittees; and
WHEREAS, said Permit requires that the Copermittees cooperate in the implementation of various
Urban Runoff Management Plans and execute a Memorandum of Understanding;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
San Diego Regional Stormwater Copermittees MOU - I -
November 16, 2007
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I. DEFINITIONS
Chair means presiding over and providing leadership and direction to a Working Body. This
includes serving as a point of contact to external entities such as Regional Board staff, stakeholders,
and industry groups, soliciting group input on and developing meeting content, facilitating meetings,
and coordinating with the Secretary or Working Body Support staff to fmalize work products for
distribution to the Working Body. Chair responsibilities may also be divided between Co-Chairs.
Contract Administration means developing, soliciting, awarding, and managing contracts.
Direct Costs mean those costs directly related to the development of a work product, or to the
performance of a particular function or service. Direct Costs may include the wages of Copermittee
employees engaged in an activity and the cost of materials or supplies needed to support that
activity. Depreciation, equipment, and office space are not considered Direct Costs.
Fiscal Year starts on July I and ends on June 30 of the following year.
General Programs are collaborative urban runoff management activities which are (1) mandated by
or necessary to implement requirements of the Permit, (2) necessary to anticipate the requirements,
or prepare for renewal, of the Permit, (3) required to comply with Regional Board Orders or other
directives required of Co permittees as dischargers of urban runoff (e.g., 13267 Orders, Total
Maximum Daily Loads, etc.), or (4) other urban runoff management activities conducted with the
unanimous approval of Co permittees sharing the cost or responsibility.
In-kind Contribution means a non-monetary contribution that can be used to satisfy an equivalent
monetary obligation. Examples oOn-kind Contributions are equipment or services provided for use.
Other General Programs are activities that apply to a subset of more than one and less than all
Copermittees. Other General Programs do not include the activities of the Plarming Subcommittee
or any Workgroup or Sub-workgroup ofthe Management Committee. Other General Programs also
do not include Watershed URMP Sub-workgroups, but may apply to a subset of any Watershed
URMP Sub-workgroup.
PartiCipant means a Copermittee regularly attending meetings, participating in the development,
review, and finalization of work products, and carrying out the responsibilities of the Working Body.
Participants are a subset of Representatives. Participant implies a higher and more active level of
involvement than general representation.
Regional General Programs are activities that apply to all Copermittees.
Representative means a Copermittee providing general representation to a Working Body. This
includes serving as a Copermittee point of contact, and., as applicable, receiving, reviewing, and
providing input on correspondence, meeting materials, and work products. Representatives are not
required to attend meetings, but are expected to maintain a reasonable knowledge of, and
involvement in, the activities of the Working Body. To the best of their ability each Copermittee
Representative should have expertise and knowledge in the subject matter of each assigned Working
Body.
Secretary means a person who takes responsibility for the records, correspondence, minutes or notes
of meetings, and related affairs ofa Working Body. This includes: maintaining group contact lists;
San Diego Regional Stormwater Copermittees MOU - 2 _
November 16,2007
10-10
preparing and sending out meeting notifications and agendas; arranging for meeting rooms and
equipment; taking, preparing, and fmalizing meeting minutes or notes; and, coordinating with the
Chair or Working Body Support staff to organize and distribute work products to the Working Body.
Simple Majority means at least one-half (50%) of applicable Copermittees, rounded up to the
nearest integer, or plus one where the number of Copermittees is even. For the purposes of this
MOU, a simple majority may never be less than three Copermittees.
Special Formula means any cost share formula that differs from the Default Formula in the
selection or weighting of individual factors or in the methodology used to calculate one or more of
them.
Three-fourths Majority means at least three-fourths (75%) of applicable Copermittees, rounded up
to the nearest integer. For the purposes of this MOU, a Three-fourths Majority may never be less
than three Copermittees.
Two-thirds Majority means at least two-thirds (67%) of applicable Copermittees, rounded up to the
nearest integer. For the purposes of this MOU, a Two-thirds Majority may never be less than three
Copermittees.
Urbanized Laud Area means the total of all SANDAG land uses within the geographic area,
subject to the cost share, excepting therefrom, the following coded land uses: 1403 Military
Barracks; 4102 Military Airports; 6700 Military Use; 6701 Military Use; 6702 Military Training;
6703 Military Weapons; 7209 Casinos; 7603 Open Space Reserves, Preserves; 7609 Undevelopable
Natural Areas; 9200 Water; 9201 Bays, Lagoons; 9202 Inland Water; and 9300 Indian Reservations.
Watershed Copermittee means any Copermittee that is a member of a Watershed Management
Area as defined in Table 4 of the Permit.
Watershed General Programs are activities that apply to the Copermittees comprising any
individual Watershed URMP Sub-workgroup corresponding to a Watershed Management Area
(WMA) defined in Table 4 of the Permit.
Working Body means Committees, Subcommittees, Workgroups, Sub-workgroups, or any other
group of Co permittees assembled to conduct work required by, for, or in furtherance of, compliance
with the Permit (Figure A identifies the Working Bodies established in this MOU).
Working Body Support means those tasks not within the assigned responsibilities of the Chair, Co-
chair, or Secretary, or equitably divided amongst the Participants of the Working Body. This
includes researching, drafting, modifYing, and fmalizing work products such as work plans, budgets,
and meeting materials, and any other tasks associated with the responsibilities of the Working Body.
II. RESPONSIBILITIES OF ALL COPERMITTEES
The following apply to General Programs.
A. Performance and Reimbursement of Tasks
San Diego Regional Stormwater Copermittees MOU - 3 -
November 16,2007
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1. Any individual Copermittee performing tasks necessary to fulfill budgeted General Program
responsibilities for a Working Body in which they are a Participant is entitled to
reimbursement of the costs incurred in accordance with section II.B.l.
2. Any Copermittee performing contract administration tasks to fulfIll budgeted General
Program responsibilities for a Working Body in which it is a Participant is entitled to
reimbursement of contract management costs at a rate of 5% of the total contract cost or as
shown by accounting records and as agreed on by the participating Copermittees.
3. Any Copermittee performing tasks other than contract administration, or serving as a
Working Body Chair, Co-chair, or Secretary, is entitled to reimbursement of the Direct
Costs of performing those services in accordance with section ILB.I.
4. A Copermittee shall not be obliged to conduct work, enter into any contract, continue with
any work or contract, or incur any other cost on behalf of other Copermittees if each
Copermittee has not contributed the funds that it is obliged to contribute toward the activity
or program, or if the Copermittee has not received adequate assurances that such funds will
be received before payments become due. The Copermittee shall have sole discretion to
determine whether assurances that require funds will be timely received or adequate.
5. A member ofa Working Body providing Working Body Support may terminate those
obligations for convenience if another party has been selected to the satisfaction of the other
members of the Working Body, agrees to perform the obligations, and the applicable work
plan and budget have been modified in accordance with the provisions of this MOU.
B. Fiscal Responsibilities
I. Division of Shared General Program Costs
a. Prior to the allocation of shared costs, each proposed or approved budget element or
sub-element shall be identified as either a Regional General Program cost, a
Watershed General Program cost, or an Other General Program cost, and the
Copermittees sharing that cost shall be identified. The cost of any particular budget
element shall be subject to the approval of only the Copermittees to which it applies.
The associated costs shall be divided among participating Copermittees as described
below.
(I) Default Formula. Shared costs shall be divided according to a Default Formula of
45% Urbanized Land Area, 45% Population, and 10% Equal Division unless a
Special Formula is approved by the Copermittees to which the cost applies.
(a) Population costs shall be divided among the Copermittees as follows:
Whenever any geographic portion of the Port or Airportjurisdiction(s),
respectively, lies(s) within the geographic area to which the shared
program or activity is applicable, the Port or Airport, respectively, will
each pay a fixed 0.5% of total Population costs. The remaining
percentage of the population costs shall be divided among Copermittees
by dividing the total population of each Copermittee by the combined
total Copermittee population within the geographic area applicable to the
shared program or activity. These percentages shall be calculated using
the most recently available population data available from the San Diego
Association of Governments (SANDAG), unless more recent data are
available from an equivalent source such as the U.S. Census Bureau, and
are determined to be acceptable by the Copermittees sharing the cost.
San Diego Regional Stormwater Copermittees MOU - 4 _
November 16,2007
10-12
(b) Urbanized Land Area costs shall be divided among Copermittees by
dividing the total Urbanized Land Area of each Copermittee by the
combined total Urbanized Land Area of all participating Copermittees
within the geographic area applicable to the shared program or activity.
Urbanized Land Area shares shall be calculated using the most recently
available San Diego Association of Governments (SANDAG) land use
statistics. The Urbanized Land Area share for the Couoty shall include
those urbanized lands in the unincorporated portion of the County that are
west of the County Water Authority (CWA) service area boundary as it
exists on the date of this MOU or as formally amended by the CW A.
(c) Ten Percent (10%) ofthe total cost to be shared shall be divided equally
amongst all of the Copermittees.
(d) Modification of the Default Formula requires the uoanimous approval of
all Copermittees.
(2) Soecial Formulas
(a) Special Formulas may be applied to any shared General Program cost, and
require the approval ofa Three-fourths Majority of the Copermittees
participating in the cost.
(b) Special Formula for Hydromodification Management Plan (HMP)
development. The Copermittees have initially estimated the total cost of
developing an HMP by a professional consultant to be $1,000,000 over a
two year period, and on March 15,2007 approved a Fiscal Year 2007-08
regional shared costs budget that included $600,000 toward such costs,
plus an additional 5% for contract management. The remaining estimated
costs for completing the HMP, based on the actual consultant contract
award amount and associated administrative costs, will be included in the
Regional Work Plan and Regional Shared Costs budget for the 2008-09
fiscal year. HMP costs shall be allocated according to the following
formula:
i. Ten percent (10%) ofthe cost shall be divided equally among all
Copermittees.
ii. Ninety percent (90%) of the cost shall be divided based on the
estimated number of Developable Parcels within each
Copermittees' jurisdiction. Developable Parcel-based costs shall be
divided among all Copermittees as follows:
[I] The percentage of developable parcel share costs for which
each Copermittee is responsible shall be calculated by
dividing the Copermittee's total number of developable
parcels by the combined total developable parcels of all
participating Copermittees. Developable parcels shall be
calculated as the number of parcels within each
Copermittee's developable land area using the SANDAG
2007 Parcel Layer. Developable lands shall be determined
using the SANDAG 2004 developable land layer.
[2] The total developable land area for the Couoty shall include
those urbanized lands in the uoincorporated portion of the
San Diego Regional Stormwater Copermittees MOU - 5 -
November 16, 2007
10-13
County that are west of the CW A service area boundary as
it exists on the date ofthis MOU or as formally amended by
the CW A.
(3) In-kind Contributions. Subject to approval by the Copermittees participating in a
particular shared General Program budget, a Copermittee may provide an in-kind
contribution of equal value rather than a monetary contribution toward all or part of
the cost ofan activity.
2. Annual Shared Cost Budgets and Work Plans
a. No later than October 31" of each year, each Regional Working Body shall prepare
and submit to the Planning Subcommittee a Work Plan and estimated Budget of
costs and expenses for the upcoming Fiscal Year. These budgets shall describe
major tasks, schedules, and projected costs, which Copermittees will provide
Working Body Support, Contract Administration, in-kind contributions, and any
other information applicable to regional general program costs.
b. To ensure that each Copermittee governing body has sufficient time to consider
fiscal impacts, the Planning Subcommittee shall prepare a consolidated draft
Regional Work Plan and Regional Shared Costs Budget no later than December 31st
of each year for the regional general programs. After consideration of comments
and discussion, a final Regional Work Plan and Regional Shared Costs Budget shall
be prepared, approved by the Management Committee, and distributed to the
Copermittees no later than January 31" of each year. Modifications to any adopted
Regional Shared Costs Budget or Regional Work Plan that will result in an overall
increase in cost require the approval of the Regional Management Committee.
c. No later than January 31" of each year, each Watershed Urban Runoff Management
Plan Sub-workgroup, for which costs will be shared in the ensuing fiscal year, shall
prepare, adopt, and distribute to the Watershed Copermittees a Watershed Work
Plan and Watershed Shared Costs Budget. These budgets shall include a description
of major tasks, schedules, and projected costs, and shall identify the Copermittees
that will provide or contract services or incur other costs. Modifications to any
adopted Watershed Shared Costs Budget or Watershed Work Plan that will result in
an overall increase in cost require the approval of the applicable Watershed URMP
Sub-workgroup.
d. Each Copermittee shall submit for approval by its governing body a budget request
as necessary to fund its assigned share of any approved Work Plan and Budget for
the ensuing fiscal year. The submission shall reference and provide information on
the approved Budget, and shall inform the Copermittee's governing body that if the
requested funds are not provided the Copermittee will be excluded from further
participation and may be in violation ofthe Permit.
3. Management and Payment of Funds
a. For Regional General Programs, the Copermittees shall each pay a yearly
assessment into a Regional General Program operations fund for their assigned
portion of any Regional Shared Costs Budget approved pursuant to this MOU. The
Regional General Program operations fund shall be managed by the Regional
Principal Permittee, or any other Permittee on approval of the Copermittees.
San Diego Regional Stormwater Copermittees MOU - 6 _
November 16,2007
10-14
b. For Watershed General Programs, the Watershed Copermittees for each WMA shall
each pay a yearly assessment into a Watershed General Program operations fund for
their assigned portion of any Watershed Shared Costs Budget approved pursuant to
this MOD. Each Watershed General Program operations fund shall be managed by
the Watershed Lead Permittee, or any other Watershed Permittee on approval of the
Watershed Copermittees.
c. The Copermittee managing each General Program operations fund shall provide
Budget Balance and Expenditure Status Reports quarterly and following the end of
each fiscal year. This shall include a detailed accounting of all costs and expenses
in accordance with the adopted Work Plan and Shared Costs Budget, including
those incurred by Copermittees providing Working Body Support, contracting
services, in-kind services, or other applicable costs.
d. Each Copermittee shall pay invoices within 60 days of receipt from the Copermittee
managing the applicable General Program operations fund.
e. Funds collected and not expended in any fiscal year shall be credited to the
Copermittees' share of the next fiscal year's costs in accordance with the
Copermittees' defined shared costs.
f. Copermittees providing Working Body Support, Contract Administration, in-kind
services, or incurring other budgeted costs on behalf of other Copermittees shall
provide documentation of those expenses as requested by the Copermittee managing
the applicable General Program operations fund. They shall only receive credit for
those expenses if a detailed accounting of all costs and expenses meeting the
minimum standards agreed upon by the Copermittees has been provided.
g. Differences in the approved actual cost of expenses from those budgeted shall be
either credited or added as appropriate to the amount of the Copermittee's share.
III. REGIONAL GENERAL PROGRAMS
In addition to the requirements of section II, the following apply to Regional General Programs.
A. Regional Principal Permittee
I. The County is hereby designated Regional Principal Permittee (Principal Permittee).
a. A change in the assignment or responsibilities of the Principal Permittee requires the
unanimous approval of all Copermittees.
b. In addition to the responsibilities of all Copermittees described in Section II, the
Principal Permittee shall provide general coordination for the development and
implementation of Regional General Programs, including the following tasks and
responsibilities:
(1) Establish, chair, and provide overall coordination and leadership of the Regional
Stormwater Management Committee (Management Committee) and the Regional
Program Planning Subcommittee (Planning Subcommittee).
(2) Submit to the Regional Board the formal agreement between the Copermittees that
provides a management structure for meeting the requirements of the Permit.
(3) Collect and assemble individual and joint program reports and plans, and submit
them to the Regional Board as required by the Permit.
San Diego Regional Stormwater Copermittees MOD - 7 -
November 16,2007
10-15
(4) Maintain a current contact list of Co permittees and interested parties.
(5) Maintain knowledge of and advise the Copermittees regarding current and
proposed state and federal policies, regulations, and other NPDES programs; assist
the Copermittees in the development and presentation of positions on these issues
before local, state, and federal agencies.
(6) Formally advise appropriate state and federal agencies of termination or
amendment of this MOO.
B. Regional Stonnwater Management Committee
1. The purpose of the Management Committee is to provide a public forum for the
development, approval, and coordination of urban runoff management programs, and for the
exploration of issues of regional significance.
2. The Management Committee shall consist of one Participant representing each Copermittee.
Each Copermittee shall have one vote.
3. The Management Committee shall meet at least four times per year.
4. At a minimum, the Management Committee shall have the following responsibilities:
a. Address common issues, promote consistency arnongjurisdictional and watershed
programs, and plan and coordinate activities required under the Permit;
b. Develop, implement, and arrange for implementation of Regional General
Programs;
c. Provide a general forum for informing and receiving input from stakeholders and
interested parties;
d. Provide a forum for public participation in the development and implementation of
regional urban runoff management programs and activities;
e. Establish or modifY Working Bodies to review specific issues, make
recommendations, or conduct work in support of shared regional priorities or
objectives;
f. Adopt by-laws for the conduct of all Working Body meetings;
g. Formally approve the recommendations, work products, and deliverables of
Working Bodies presented for consideration;
h. Adopt an Annual Regional Shared Costs Budget;
i. Approve an Annual Regional Work Plan; and
J. Approve quarterly and year-end Budget Balance and Expenditure Status Reports.
5. The Management Committee shall be chaired by the Principal Permittee, or may
alternatively be chaired or co-chaired by any other Copermittee upon approval of the
Management Committee.
6. For a meeting or a vote to be held, a quorum of a Two-thirds Majority of voting
representatives of the Management Committee must be present.
7. Management Committee voting shall not be conducted outside of meetings (e.g., by email).
8. For a motion to be approved, an affirmative vote of a Simple Majority of the Management
Committee is needed.
9. To approve any shared cost, or any cost-sharing formula or methodology applicable to a
shared cost, (1) the affirmative votes must represent greater than fifty percent (50%) of the
cost being shared, and (2) any Copermittee that is responsible for 25% or more of the total
proposed cost must be present. .
San Diego Regional Stormwater Copermittees MOD - 8 _
November 16,2007
10-16
10. Meetings of the Management Committee, including any closed sessions with legal counsel,
shall be conducted in accordance with the "Brown Act" (Government Code Section 54950 et
seq.). Except for official meetings of the Management Committee, nothing herein shall be
interpreted to require meetings between staff members of the individual Copermittees
(including designated representatives of the Copermittees) to be subject to the Brown Act,
where the Brown Act would not otherwise apply.
C. Regional Program Planning Subcommittee
1. The purpose of the Planning Subcommittee shall be to provide regional coordination of
urban runoff management activities, to develop and implement Regional General Programs,
and to direct and coordinate the activities of Regional, Watershed, or Other General
Programs.
2. Unless a different minimum meeting frequency is established through the unanimous
approval of all Copermittees, the Planning Subcommittee shall meet at least six times per
year.
3. At a minimum, the Planning Subcommittee shall have the following responsibilities:
a. Serve as an intermediary between the Management Committee and other
Copermittee Working Bodies;
b. Plan and coordinate Management Committee meetings;
c. Report the activities of the Management Committee to the County and City
Managers Association or equivalent;
d. Prepare and recommend by-laws for Management Committee approval for the
conduct of all Working Body meetings;
e. Schedule, coordinate, and track the progress of Working Bodies in the completion of
their assigned responsibilities;
f. Establish and maintain a calendar of Copermittee meetings and events;
g. Direct and assign work products and information requests between Working Bodies;
h. Conduct regional program planning including developing an Annual Regional Work
Plan and Regional Shared Costs Budget for Management Committee consideration
and approval;
i. Review and recommend Management Committee approval of work products,
recommendations, and requests of Working Bodies for consideration and approval;
j. Annually receive, review, comment on, and consolidate the recommended Work
Plan and Shared Costs Budget of each regional Working Body;
k. Annually prepare and present for Management Committee approval a fmal
recommended Regional Work Plan and Regional Shared Costs budget;
1. Monitor and recommend Management Committee approval of budget expenditures
of Working Bodies in accordance with the adopted Regional Work Plan and
Regional Shared Costs budget;
m. Provide a Representative to each Regional Workgroup;
n. Regularly coordinate and liaise with Regional Board staff, stakeholders, regulated
parties, and other interested parties to identifY and explore key regional issues and
concerns.
o. Provide Representation to the following California Stormwater Quality Association
(CASQA) Working Bodies or their equivalent; Executive Program Committee,
Board of Directors (if elected), Stormwater Policy and Permitting and Legislation;
Phase II Programs;
San Diego Regional Stormwater Copermittees MOU - 9 -
November 16, 2007
10-17
p. Provide representation or participation for other professional organizations and
societies as appropriate and feasible;
q. Provide regular updates to Copermittees and interested parties via Management
Committee meetings or other appropriate means (e-mail, etc.); and
r. Provide subject area input as needed for the development, implementation, review,
and revision of General Programs, and the development of associated reports and
work products.
4. The Planning Subcommittee may not alter the responsibilities of, or impose new fiscal
obligations on, any Copermittee or Working Body, except as approved by the Management
Committee.
5. Each Watershed Lead Permittee shall provide one Participant to the Planning Subcommittee.
Subject to approval of the applicable WURMP Sub-workgroup, a Copermittee other than the
Watershed Lead Permittee may also serve as the Planning Subcommittee representative for a
WMA. Upon approval of the Management Committee, up to two additional representatives
may be appointed to the Planning Subcommittee in any year, so long as the total number of
representatives does not exceed ten. The Management Committee shall determine the length
of these additional appointments, but they shall be at least one year.
6. The Planning Subcommittee shall be chaired by the Principal Permittee, or may alternatively
be chaired or co-chaired by any other Copermittee upon approval of the Management
Committee.
7. Voting Requirements for the Planning Subcommittee:
a. The Planning Subcommittee shall only make advisory recommendations for
Management Committee approval.
b. The Planning Subcommittee may use any voting methodology it deems appropriate
to develop advisory recommendations or conduct other business, and, shall present
minority or dissenting recommendations for consideration by the Management
Committee as applicable.
c. Except as prohibited by law, the Planning Subcommittee may conduct votes outside
of meetings (e.g., bye-mail) as appropriate.
D. General Responsibilities of Regional Workgroups and Sub-Workgroups
1. The purpose of Regional Workgroups and Sub-workgroups is to provide regional
coordination of urban runoff management activities within assigned subject areas, to develop
and implement recommended Regional General Programs, and to provide coordination of
activities with stakeholders and interested parties. Regional Workgroups are advisory to the
Management Committee through the Planning Subcommittee. Regional Sub-workgroups
are advisory to the Regional Workgroups to which they are subordinate.
2. Unless a different minimum meeting frequency is established through the unanimous
approval of all Copermittees, each Regional Workgroup and Sub-workgroup shall meet at
least four times per year.
3. At a minimum, each Regional Workgroup and Sub-workgroup shall have the following
responsibilities within its assigned subject area:
a. Nominate for Management Committee approval a Chair or Co-chairs, and a
Secretary from among its participants;
b. Facilitate consistency in the development, implementation, review, and revision of
General Programs, and the development of associated reports and work products;
San Diego Regional Stormwater Copermittees MOU - 10 _
November 16, 2007
10-18
c. Develop, annually review, and update as necessary subject-specific standards for
reporting, assessment, and data and information management;
d. Develop and implement Regional General Programs as appropriate and feasible;
e. Provide subject area input to other Working Bodies as requested by the Planning
Subcommittee; and
f. Regularly coordinate and liaise with Regional Board staff, stakeholders, regulated
parties, and other interested parties to identify and explore key regional issues and
concerns.
4. Regional Workgroups shall also have the following responsibilities:
a. By October 31" of each year, prepare and submit to the Planning Subcommittee a
recommended Work Plan for the activities of the Workgroup and its Sub-
workgroups in the ensuing fiscal year. This shall include a description of major
tasks, deliverables, and projected schedules, and the assignment and/or division of
responsibilities for task completion.
b. By October 31" of each year, prepare and submit to the Planning Subcommittee a
recommended Work Plan and Shared Costs Budget for the ensuing fiscal year.
c. Twice per year, provide Written Status Reports to the Planning Subcommittee
describing (1) activities and accomplishments for the previous period, (2) success in
completing scheduled tasks, and (3) key issues, activities, and tasks to be addressed
in the next period. Written Status Reports shall be submitted as directed by the
Planning Subcommittee.
d. Provide Workgroup updates at Management Committee meetings.
5. Voting Requirements for Regional Workgroups and Sub-workgroups
a. Regional Workgroups shall make consensus recommendations to the Planning
Subcommittee, who shall in turn make recommendations for formal votes to the
Management Committee.
b. Regional Sub-workgroups shall make consensus recommendations to the Regional
Workgroup to which they are subordinate.
c. Regional Workgroups and Regional Sub-workgroups may use any voting
methodology they deem appropriate to develop consensus, and, as applicable, shall
present minority or dissenting recommendations for consideration.
d. Regional Workgroups and Sub-workgroups may conduct votes outside of meetings
(e.g., by email) as appropriate.
6. Copermittee Representation and Participation on Regional Workgroups and Regional Sub-
workgroups:
a. Each Copermittee shall provide at least one Representative to each Regional
Workgroup or Regional Sub-workgroup.
b. Each of the Copermittees represented on the Planning Subcommittee shall serve as a
Participant on at least one Regional Workgroup or Regional Sub-workgroup each
year. Assigrunents shall be coordinated through the Planning Subcommittee to
ensure adequate participation in each Regional Workgroup and Regional Sub-
workgroup.
San Diego Regional Stormwater Copermittees MOD - 11 -
November 16, 2007
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c. Each of the Copermittees that is not a Participant on the Planning Subcommittee in a
given year shall serve as a Participant on at least two Regional Workgroups or
Regional Sub-workgroups during that year.
d. Each Copermittee shall serve as a Regional Workgroup or Sub-workgroup Chair,
Co-chair, or Secretary each year. The responsibilities of Chairs, Co-chairs, and
Secretaries are not reimbursable. Subject to Management Committee approval,
Copermittees may voluntarily serve the required assignments of other Copermittees
so long as the minimum number of required assigrunents is filled in each year.
E. Responsibilities Specific to Individual Regional Workgroups and Sub-Workgroups
In addition to the general responsibilities described in section III.D, the following apply to
individual Workgroups and Sub-workgroups. Regional Workgroups and Sub-workgroups may
be added, deleted, or modified through the unanimous approval of the Management Committee.
I. Fiscal, Reporting, and Assessment Workgroup
The purpose of the Fiscal, Reporting, and Assessment Workgroup is to provide regional
standards and consistency in the implementation, assessment, and reporting of Copermittee
urban runoff management activities and programs. At a minimum the Fiscal, Reporting, and
Assessment Workgroup shall have the following responsibilities:
a. Develop, annually review, and update as necessary regional reporting, assessment,
and program data and information management standards;
b. Develop regional fiscal analysis standards and metrics by December 31, 2008;
c. Develop, annually review, and update as necessary standards for tracking and
reporting expenditures;
d. Receive and consolidate data for budget preparation and monitoring;
e. Develop the Copermittees' Regional URMP (RURMP);
f. Develop the Copermittees' RURMP Annual Reports;
g. Develop the Copermittees' Long-Term Effectiveness Assessment (L TEA);
h. Develop the Copermittees' Report of Waste Discharge (ROWD); and
i. Provide representation on the CASQA Effectiveness Assessment Subcommittee or
equivalent.
2. Education and Residential Sources Workgroup
The purpose of the Education and Residential Sources Workgroup is to provide regional
standards and consistency in the development, implementation, assessment, and reporting of
Copermittee educational and residential source management activities and programs. At a
minimum, this shall include the following responsibilities:
a. Develop, annually review, and update as necessary recommended regional standards
and approaches for conducting educational activities;
b. Develop and coordinate the implementation of the Copermittees' Regional
Residential Education Plan;
San Diego Regional Stormwater Copermittees MOU - 12 _
November 16,2007
10-20
c. Develop, annually review, and update as necessary regional reporting, assessment,
program data and information management standards for Copermittee educational
activities and programs;
d. Review and comment on the educational content of work products developed by
other Working Bodies;
e. Liaise with and assist the Regional WURMP, Land Development, Industrial and
Commercial, and Municipal Workgroups in developing training and outreach
strategies, materials, and activities;
f. Provide a Representative to the CASQA PIPP, Website, and Workshops
subcommittees or their equivalent;
g. As applicable, facilitate the centralized management of educational program data
and information;
h. Develop, annually review, and update as necessary regional standards and
approaches for the management of residential sources to address at a minimum:
(J) Priority Sources and Inventories,
(2) BMP Requirements and Recommendations, and
(3) Program Implementation Approaches (including education);
i. Develop, annually review, and update as necessary recommended regional
reporting, assessment, program data and information management standards for
residential urban runoff management activities and programs;
j. As applicable, facilitate the centralized management of regional residential program
data and information (sources, BMP inventories, etc.); and
k. Coordinate with the Regional WURMP workgroup to assist in the development of
residential content for watershed program strategies.
3. Regional Monitoring Workgroup and Sub-workgroups
The purpose of the Regional Monitoring Workgroup and its Sub-workgroups is to provide
regional standards and consistency in the development, implementation, assessment, and
reporting of receiving waters and urban runoff monitoring activities and programs. At a
minimum, the following responsibilities shall apply to the Regional Monitoring Workgroup,
or may be delegated to its Dry Weather and Coastal Monitoring Sub-workgroups as
appropriate:
a. Develop, annually review, and update as necessary recommended regional standards
and approaches for conducting monitoring activities;
b. Develop and coordinate the implementation of the Copermittees' Regional
Receiving Waters Monitoring Program or other specific monitoring program
elements;
c. Develop and update as necessary reporting, assessment, program data and
information management standards for Copermittee monitoring activities and
programs;
d. Develop, review, and recommend approval of work plans, monitoring reports, and
other required work products;
San Diego Regional Stormwater Copermittees MOD - 13 -
November 16,2007
10-21
e. Provide a Representative to the CASQA Storm water Monitoring and Science
subcommittee or its equivalent;
f. Regularly coordinate and liaise with Regional Board staff, stakeholders, regulated
parties, and other interested parties to identifY and explore key monitoring issues;
and
g. As applicable, facilitate the centralized management of water quality monitoring
data.
4. Regional Watershed URMP Workgroup
The purpose of the Regional Watershed URMP Workgroup is to provide regional standards
and consistency in the development, implementation, assessment, and reporting of
Copermittee watershed management activities and programs. At a minimum, this shall
include the following responsibilities:
a. Coordinate Watershed URMP administration and reporting;
b. Develop, annually review, and update as necessary recommended regional standards
and approaches for conducting watershed urban runoff management activities and
programs;
c. Develop, annually review, and update as necessary regional reporting, assessment,
program data and information management standards for watershed urban runoff
management activities and programs;
d. As applicable, coordinate the implementation of regionally applied watershed urban
runoff management activities and programs;
e. As applicable, facilitate the centralized management of watershed program data and
information;
f. Coordinate as necessary with other Copermittee Working Bodies to assist in the
development of watershed-related program content;
g. Provide a Representative to the CASQA Watershed Management and Impaired
Waters subcommittee or equivalent; and
h. As appropriate, facilitate Total Maximum Daily Load development, implementation,
and reporting.
5. Land Development Workgroup
The purpose of the Land Development Workgroup is to provide regional standards and
consistency in the development, implementation, assessment, and reporting of urban runoff
activities and programs related to the construction and post-construction phases of the land
development process. At a minimum, this shall include the following responsibilities:
a. Develop, annually review, and update as necessary recommended regional standards
and approaches for the management of construction and post~construction sources to
address at a minimum:
(1) Priority Sources and Inventories,
(2) BMP Requirements and Recommendations, and
(3) Program Implementation Approaches;
San Diego Regional Stormwater Copermittees MOU _ 14 _
November 16,2007
10-22
b. Develop the Copermittees' Hydromodification Management Plan (HMP);
c. Update the Model Standard Urban Stormwater Mitigation Plan (SUSMP) in
accordance with Permit requirements;
d. Develop, annually review, and update as necessary regional reporting, assessment,
program data and information management standards for construction and post-
construction sources;
e. As applicable, coordinate the implementation of regional urban runoff management
programs and activities for construction and post-construction sources;
f. As applicable, facilitate the centralized management of construction and post-
construction program data and information; and
g. Provide a Representative to the CASQA Construction Workgroup or its equivalent.
6. Municipal Activities Workgroup
The purpose of the Municipal Activities Workgroup is to provide regional standards and
consistency in the development, implementation, assessment, and reporting of urban runoff
activities and programs related to municipal activities and sources. At a minimum, this shall
include the following responsibilities:
a. Develop, annually review, and update as necessary recommended regional standards
and approaches for the management of municipal sources to address at a minimum:
(I) Priority Sources and Inventories,
(2) BMP Requirements and Recommendations, and
(3) Program Implementation Approaches;
b. Develop, annually review, and update as necessary regional reporting, assessment,
program data and information management standards for municipal sources;
c. As applicable, coordinate the implementation of regional urban runoff management
activities and programs for municipal sources;
d. As applicable, facilitate the centralized management of municipal program data and
information.
7. Industrial and Commercial Sources Workgroup
The purpose of the Industrial and Commercial Sources Workgroup is to provide regional
standards and consistency in the development, implementation, assessment, and reporting of
urban runoff activities and programs related to industrial and commercial activities and
sources. At a minimum, this shall include the following responsibilities:
a. Develop, annually review, and update as necessary recommended regional standards
and approaches for the management of industrial and commercial sources to address
at a minimum:
(I) Priority Sources and Inventories,
(2) BMP Requirements and Recommendations, and
San Diego Regional Stormwater Copermittees MOU - 15 -
November 16,2007
10-23
(3) Program Implementation Approaches;
b. As applicable, coordinate the implementation of regional urban runoff management
activities and programs for industrial and commercial sources;
c. Develop, annually review, and update as necessary regional reporting, assessment,
program data and information management standards for industrial and commercial
sources; and
d. As applicable, facilitate the centralized management of industrial and commercial
program data and information.
IV. WATERSHED GENERAL PROGRAMS
The following apply to Watershed General Programs.
A. Watershed Lead Permittees
I. The following Copermittees are hereby designated as Watershed Lead Permittees for the
Watershed Management Areas listed:
a. Santa Margarita WMA: County of San Diego
b. San Luis Rey River WMA: City of Oceanside
c. Carlsbad WMA: City of Carls bad
d. San Dieguito River WMA: City of Escondido
e. Penasquitos WMA: City of Po way
f. Mission Bay WMA: City of San Diego
g. San Diego River WMA: City ofEI Cajon
h. San Diego Bay WMA: Port of San Diego
1. Tijuana WMA: County of San Diego
2. Changes in the assignment or responsibilities of Watershed Lead Permittees require
unanimous approval of the applicable Watershed Permittees.
3. In addition to the responsibilities of all Copermittees described in Section II, each Watersbed
Lead Permittee shall provide general program coordination for Watershed General Programs
applicable to their respective WMA, including the following tasks and responsibilities:
a. Establish, chair, and provide overall coordination and leadership of its respective
WURMP Sub-workgroup;
b. Collect and assemble the individual and joint program reports, plans, and submit
them to the Regional Principal Permittee or the Regional Board as required in the
Permit; and
c. Maintain knowledge of and advise the Watershed Copermittees regarding current
and proposed watershed-related State and Federal policies, regulations, and other
NPDES programs; assist the Copermittees in the development and presentation of
positions on these issues before local, State, and Federal agencies.
San Diego Regional Stormwater Copermittees MOU _ 16-
November 16,2007
10-24
B. Watershed URMP Suh-workgroups
1. For each WMA listed in section IV.A.I, a Watershed URMP Sub-workgroup is hereby
established.
2. Copermittee Participation in Watershed URMP Sub-workgroups
a. Each of the Watershed Copermittees shall have one Participant as a member of the
Watershed URMP Sub-workgroup; and
b. The Chair of the Watershed URMP Sub-workgroup shall be the Watershed Lead
Permittee, or any other Copermittee on approval of the group.
3. Unless a different minimum meeting frequency is established through the unanimous
approval of all Copermittees, each Watershed URMP Sub-workgroup shall meet at least four
times per year.
4. At a minimum, each Watershed URMP Sub-workgroup shall have the following
responsibilities:
a. Develop and implement a Watershed URMP as required by the Permit;
b. Develop and implement watershed activities and programs that are consistent with
all minimum regional standards established through the Regional WURMP
Workgroup and approved by the Management Committee;
c. Provide data, information, and other input to the Regional WURMP Workgroup and
other Copermittee Working Bodies as requested;
d. Coordinate the development, implementation, and reporting ofTMDL activities and
programs within the WMA; and
e. Adopt an annual Watershed Work Plan and Watershed Shared Costs Budget in
accordance with section Il.B.2.c.
5. Voting Requirements for Watershed URMP Sub-workgroups
a. The voting membership of each Watershed URMP Sub-workgroup shall consist of
one designated voting representative for each Watershed Copermittee;
b. For a vote to be held, a quorum representing a Three-fourths Majority of the voting
representatives of the Watershed URMP Sub-workgroup must be present;
c. For a vote to pass, an affmnative vote of at least a Simple Majority of voting
members of the Watershed URMP Sub-workgroup is needed;
d. The affirmative votes must represent greater than fifty percent (50%) of any cost
being shared;
e. Any Copermittee that is responsible for 25% or more ofthe total proposed cost must
be present for a vote to be approved; and
f. Watershed URMP Sub-workgroup voting on matters related to approving shared
costs, designating watershed leads, or approving Special Formulas shall not be
conducted outside of meetings (e.g., bye-mail).
V. OTHER GENERAL PROGRAMS
San Diego Regional Stormwater Copermittees MOU - 17 -
November 16,2007
10-25
The following apply to Other General Programs.
I. For convenience, the Management Committee or any applicable Watershed Sub-workgroup
may provide a forum for deliberating and voting on issues and costs applicable to a subset of
its membership, and for which a separate Working Body has not been established.
2. For a vote to be held, a Two-thirds Majority of the Copermittees participating in or subject
to the activity or cost must be present, and voting shall be limited to those Copermittees.
3. For a vote to be approved:
a. An affirmative vote ofa Simple Majority of the Copermittees participating in or
subject to the activity or cost is needed;
b. The affirmative votes must represent greater than fifty percent (50%) of any cost
being shared; and
c. Any Copermittee that is responsible for 25% or more of the tota! proposed cost must
be present.
VI. DISPUTE RESOLUTION
Should a dispute arise among any of the parties regarding any matter related to this MOU, the parties
agree to first meet and confer in good faith to attempt to resolve the dispute. If that fails to resolve
the dispute, they shall submit the matter to mediation.
1. Mandatory Non-binding Mediation. If a dispute arises out of, or relates to this MOU, or the
breach thereof, and if the dispute cannot be settled through normal contract negotiations, the
Parties agree to settle the dispute in an amicable manner, using mandatory mediation under
the Mediation Rules of the American Arbitration Association [AAA] or any other neutral
organization agreed upon before having recourse in a court oflaw. The cost of mediation
shall be borne by the parties equally.
2. Selection of Mediator. A single Mediator that is acceptable to both Parties shall be used to
mediate the dispute. The Mediator may be selected from lists furnished by the AAA or any
other agreed upon Mediator. To initiate mediation, the initiating Party shall serve a Request
for Mediation on the opposing Party.
3. Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal
manner and discovery will not be allowed. All discussions, statements, or admissions will be
confidential to the Party's legal position. The Parties may agree to exchange any information
they deem necessary.
a. Both Parties must have an authorized representative attend the mediation. Each
representative must have the authority to recommend entering into a settlement.
Either Party may have attorney(s) or expert(s) present. Upon reasonable demand,
either Party may request and receive a list of witnesses and notification whether
attorney( s) will be present.
b. Any agreements resulting from mediation shall be documented in writing. All
mediation results and documentation, by themselves, shall be "non-binding" and
inadmissible for any purpose in any legal proceeding, unless such admission is
San Diego Regional Stormwater Copermittees MOU - 18 _
November 16, 2007
10-26
otherwise agreed upon, in writing, by both Parties. Mediators shall not be subject to
any subpoena or liability and their actions shall not be subject to discovery.
VII. GENERAL PROVISIONS
A. Term of Agreement
I. This MOD shall become effective on the date the last party executes the MOD.
2. The life of the MOD shall run with the life of the current Permit plus twelve months. For
purposes of this paragraph, any permit renewal or replacement after January 2012 shall be
considered a new permit; any earlier amendment of the Permit increasing the obligations of
the Regional Principal Permittee or a Watershed Lead Permittee may at that Copermittee's
sole option, be declared to be a new permit; and the Management Committee shall determine
whether any other earlier amendment to the Permit is of such significance as to effectively
be a new Permit.
B. Withdrawal of Copermittee
1. Participation in this MOD may be withdrawn by any Copermittee for any reason only after
the Copermittee complies with all of the following conditions of withdrawal:
a. The Copermittee shall notify all of the other Copermittees in writing 90 days prior to
its intended date of withdrawal.
b. The withdrawing Copermittee shall have its name deleted as a Copermittee to the
Permit prior to or on the withdrawal date.
2. Any expenses associated with withdrawal, including but not limited to, filing and obtaining
the withdrawing Copermittee's individual NPDES permit and the amendment of the Permit
will be solely the responsibility of the withdrawing Copermittee.
3. The withdrawing Copermittee shall be responsible for their portion of any shared costs
incurred according to the conditions of this MOD up to the time that each of the conditions
in Section VII.B.!. has been met.
4. Any monies paid by withdrawing Copermittee in excess of the amount due under the terms
of the MOD shall be refunded to the Copermittee at the time the withdrawal becomes final
as set forth in Section VILB. I .a.
5. The withdrawing Copermittee shall not be entitled to participate in the division ofproceeds
in any reserve fund account when the MOD is dissolved.
C. Non-Compliance with MOU Requirements
Any participant to this MOD found to be in non-compliance with the conditions of this MOD shall
be solely liable for any lawfully assessed penalties resulting from such non-compliance. Failure to
comply with MOD conditions within specified or agreed upon timelines shall constitute non-
compliance with the MOD.
D. Amendments to the Memorandum of Understanding
This MOD may be amended only by consent of all Copermittees. No amendment shall be effective
unless it is in writing and signed by the duly authorized representatives of the Copermittees.
San Diego Regional Stormwater Copermittees MOD - 19 -
November 16,2007
10-27
E. Governing Law
This MOD shall be governed and construed in accordance with the laws of the State of California. If
any provision or provisions shall be held to be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or impaired
thereby.
The headings used throughout this MOD are for convenience only and do not in any way limit or
amplifY the terms or provisions of the MOD.
F. Consent and Breach Not Waiver
No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the Copermittee to have waived or consented. Any consent
by any Copermittee to, or waiver of, a breach by the other, whether expressed or implied, shall not
constitute a consent to, waiver of, or excuse for any other different or subsequent breach.
G. Indemnification
I. Each Copermittee shall have the sole responsibility to comply with the Permit.
2. Each Copermittee shall pay all fines, penalties, and costs which may arise out of
such Copermittees's non-compliance with the Permit.
3. By entering into this MOD, no Copermittee assumes liability for claims or actions
arising out of the performance of any work or actions or omissions, by any other
Copermittee, its agents, officers, and employees under this MOD.
4. By entering into this MOD, each Copermittee agrees to defend itseiffrom any claim,
action or proceeding arising out of the acts or omissions of itself and retain its own
legal counsel, and bear its own defense costs.
H. Application of Prior Agreements
This MOD constitutes the entire Agreement between the parties with respect to the subject matter;
all prior agreements, representations, statements, negotiations, and undertakings are superseded
hereby.
I. Execution of Agreement
This MOD may be executed in counterpart and the signed counterparts shall constitute a single
instrument.
San Diego Regional Stormwater Copermittees MOD - 20 _
November 16, 2007
10-28
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RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING (MOU) AMONG THE COPERMITTEES OF
SAN DIEGO COUNTY, AS POLLUTANT DISCHARGE
ELIMINATION SYSTEM MUNICIPAL PERMIT, ORDER NO.
R9-2007-0001, AND AUTHORIZING THE MAYOR TO SIGN THE
MOU ON BEHALF OF THE CITY
WHEREAS, the United States Environmental Protection Agency (USEPA) proposed
regulations (published December 8, 1988 in the Federal Register) for the issuance of National
Pollutant Discharge Elimination System (NPDES) Municipal Permits (Permits) to regulate storm
water discharges into the waters of the United States; and
WHEREAS, the USEP A regulations require NPDES permits for discharges from municipal
storm drains on a system-wide or jurisdiction-wide basis; and
WHEREAS, pursuant to the Federal Clean Water Act and the California Porter-Cologne
Water Quality Act, the Regional Board issued permits to the San Diego County Copermittees in
1990,1999 (Tentative Order), and 2001; and
WHEREAS, the San Diego Permit is system-wide, covering all jurisdictions of San Diego
County; and
WHEREAS, the Permit requires all parties (named as Copermittees) - the County of San
Diego, the San Diego Unified Port District, the San Diego County Regional Airport Authority, and
the incorporated Cities of San Diego County - to collaborate in the development and implementation
of regional and watershed urban runoff management plans, including the execution of an agreement;
and,
WHEREAS, since 1990, when the Regional Water Quality Control Board (Regional Board)
fust adopted the NPDES Municipal Permit for San Diego County, the City of Chula Vista has been
cooperating with other Copermittees in the implementation of regional programs; and
WHEREAS, this cooperation has necessitated entering into several agreements (or MOUs)
throughout the years for shared program responsibilities and costs; and
WHEREAS, the MOUs are modified approximately every five years, concurrent with the re-
issuance of the NPDES Municipal Permit, to address specific permit requirements, and to define
associated Copermittees' shared regional responsibilities and financial obligations; and
WHEREAS, the proposed MOU will be entered into by the County of San Diego, the San
Diego Unified Port District, the San Diego County Regional Airport Authority, and all of the
incorporated cities of San Diego County (all Copermittees of the Permit, Order No. R9-2007 -0001
[Permit]); and
J:\AtlOmeyIRESQIMOU\MOU wilh COpennitCClllll NPDES_12~11.07.doc
10-,6#
Resolution No. 2007-
Page 2
WHEREAS, the MOU establishes the shared program responsibilities of each party with
respect to compliance with the Permit regulations, which are administered by the Regional Board;
and
WHEREAS, on January 24,2007, the Regional Board adopted a new Permit, Order No.
R9-2007-0001, which supersedes the 2001 NPDES permit.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does
hereby approve the Memorandum of Understanding (MOD) among the Copermittees of San Diego
County, as Pollutant Discharge Elimination System Municipal Permit, Order No. R9-2007-0001
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said MOU for and on behalf of the City of Chula Vista.
Presented by:
Approved as to form by:
i\.~~~~~~~
Ann Moore
City Attorney
Dave Byers
Director of Public Works Operations
l:\Anomey\RESOIMOU\MOU with Copennitees re NPDES_12-11.07.doc
10-32.
CITY COUNCIL
AGENDA STATEMENT
~\~ CITY OF
'~CHULA VISTA
12/11/07, ItemlL
ITEM TITLE:
PUBLIC HEARlNG TO CONSIDER WANING MINOR
IRREGULARITY ON THE BID RECEIVED FOR THE
"EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR-288)"
PROJECT PER CITY CHARTER SECTION 1009
RESOLUTION WANING IRREGULARITY, ACCEPTING
BIDS AND AWARDING CONTRACT FOR THE "EUCALYPTUS
PARK SECURITY LIGHTING (CIP NO. PR-288)" PROJECT TO
PALSONS ELECTRICAL SERVICES, INC.
SUBMITTED BY:
DIRECTOR OF ENGINEERING AND GENERAL SERVICES ~ \V
1M A <(j\ftJ
CITY MANAGER '1f1~ ,.....,-
ASSISTANT CITY~NAGER =--;) .
4/5THS VOTE: YES 0 NO C8J.
REVIEWED BY:
BACKGROUND
On July 25, 2007 at 2:00 p.m., the Director of General Services received five sealed bids for the
"Eucalyptus Park Security Lighting (PR-288)" project. The project will be located at Eucalyptus
Park at Fourth Avenue and C Street.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 1 categorical exemption pursuant to Section 15301 [Existing Facilities] of the State
CEQA Guidelines. In addition, the Environmental Review Coordinator has reviewed the
proposed project for compliance with the National Environmental Policy Act (NEPA) and has
determined that the project qualifies for a Categorical Exclusion (subject to 58.5) pursuant to the
U.S. Housing & Urban Development Guidelines. Thus, no further environmental review is
necessary.
RECOMMENDATION
1. Council conduct the public hearing.
11-1
12/11/07, Item JL
Page 2 of 3
2. Council adopt the resolution walvmg the irregularity, accepting bids and awarding
contract for the "Eucalyptus Park Security Lighting (PR-288)" project to Palsons
Electrical Services, Inc.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On July 25, 2007 at 2:00 p.m., the Director of General Services received five (5) sealed bids for
"Eucalyptus Park Security Lighting (PR-288)" project. The project will provide security lighting
for the lower portion of the park.
Proiect Bid Results
Salehi & Salehi Engineering prepared the plans, contract documents and technical specifications
for the project. City staff prepared and advertised the project for bidding.
Staff received and opened bids on July 25,2007 at 2:00 p.m. The lowest responsive bidder for
the project was based on the contractor who submitted all required documents detailed in the
contract documents and who submitted the lowest base bid for the project construction. Bids
from the five (5) contractors were received as follows:
CONTRACTOR BASE BID
Palsons Electrical Services, Inc - EI Cajon, CA $49,940.00
Stars Electric -San Diego, CA $59,400.00
HMS Construction - San Marcos, CA $60,000.00
Lekos Electric - EI Cajon, CA $66,500.00
3-D Enterprises - San Diego $76,850.00
After reviewing the bid documents, staff discovered a discrepancy with the grand total bid
alnount. The alnount submitted was $49,940.00, however the grand total alnount was written as
$49,490.00. This base bid is $9,460.00 less than the second lowest bidder. In consultation with
the City Attorney's office, staff determined that the irregularity was clerical in nature and that the
City could proceed with the award process to Palsons Electrical Services based on the City
Charter Section 1009 that states, "The City Council may waive any defects in any bid to the
extent it finds at a public hearing held for that purpose that it is necessary to do so for the benefit
of the public." The public hearing for these items was held tonight and staff believes that this
action ,,:,ould benefit the City in the form of savings to the City of $9,460.00.
The irregularity was not an error in the Contractor's calculation, rather a transposition by the
person transcribing the total. The low bid from Palsons Electrical Services is below the
Engineer's estimate of$50,000 by $60.00 or approximately 1%.
11-2
12111/07, Item.JL
Page 3 of 3
Engineering and General Services' staff checked the references that the Contractor submitted.
This Contractor has met all of our requirements. All references checked were verified and
references confirmed that the Contractor's work has been satisfactory. The Contractor's License
Number is 821681 and is clear and current.
Disclosure Statement
Attachment I is a copy of the contractor's Disclosure Statement.
Wage Statement
Contractors bidding this project were required to pay prevailing wages to persons employed by
them for the work under this project. Disadvantaged businesses were encouraged to bid by
sending the Notice to Contractors to various trade publications.
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 ofthe property which is the subject of this action.
FISCAL IMPACT
A breakdown of project costs and funding is as follows:
FUNDS REQUIRED FOR PROJECT
A. Contract Amount $49,940.00
B. Contingencies (10% of contact amount) $5,000.00
C. Staff Time Cost (approx 10% of total): $5,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $59,940.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Community Development Block Grant (CDBG) $59,940.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $59,940.00
Upon completion of the project, the improvements will require only routine City maintenance.
The ten lights will be on for approximately 5 hours a night during the winter and only 3 hours
during the summer.
ATTACHMENTS
I - Contractor's Disclosure Statement
Prepared by: Dick Thompson, Sr. Building Projects Supervisor, General Services Department
M:\General Services\GS Administration\Council Agenda\PR288 Eucalyptus Park Lighting\PR288 Rev 112007.doc
11-3
;All."
.'.-
I
ATTACHMENT
CITY OF CHULA 'v1STA DISCLOSURE STATEMENT
l'ursuant to Council Policy 101-01, prior to any action upon malters thal will require discretionary action by the
Council, Planning Commi",ion and al1 ather official bodies of the City, a statement of disclosure of certain
ownership or linancial interests, payments, or campaign conlribulions for a CityofChula Vista election must
be med, The following informalion must be disclosed:
1. List the names of all p"~sons having a fUlan"~al intorest in the property that i. the subject of the
application or tl1e conlr"cl, c,g., owner, applic'llnt, contractor, subconrractor, material supplier.
--------~
2. If any persoo' itlentilied pursu,mt to (I) above is a pl1rtnership, list the nanle. of all
individuals with:) S2(JOO invcslu"\cnl in the busint: 5 (corporation/p rtncrship) entity.
-.ili H-..L/'~ \<:605___
h'V' e L.d.____
3. Ifany person* identi[jed pursuantlO (1) above is a non-prol;l organization or trust, list the names of
any person serving"' director of the non-profit organization or as trustee nr benefictary or trustor of
the trust.
-----
--
4. Please identify every person, including any ag,L-nlS, cmployce5. consultants, orindepcndent contractors
you have assigned to represent you before the City in this maticr.
cJot:!?'-' J3..;d o:t.!!?~.L__
Z:;DiG" La L_
5.
Has any pcrson* ussociated v..1th this contract had any flnanclul dealings with an official*$ ofth~ City
orCh,,!a V isla as it relates to lhis contmct within the past 12 months? Ycs__ NoX
---------
-------------
---
---------
46
~
11-4
...~
. .
If Yes, briel1y describe the nature of the financial intcrcst thc official" may have in this
contract.
----
-----
6.
Have you made a contribution of marc than $250 within the ?ast twelve (12) months to a current
men,ber uf the Chula Vista City Council? No x.yCS _If yes, which Council membcr'1
7.
Have yOU provided more than $340 (or an item of equivalent value) to ll!l official" of the City
of Chu\a Vista in the past twelve (12) months? (Thix:clUde8 being a source of incomc, n,oney
to retire a legal debt, gift, loan, etc.) Yes - No
If Yes, which official" and what waS the nature llf item provided?
~
Date: ~j,.. '( ;;..5, ;;J.Dtl7
. "person is defined as: any individual, firm, co_partnership, joint venture, association. social club,
fraternal or~anil"tion, corporation, estnte, trust, receiver, syndicnte, any other county, city,
municipality, district. or other po1\tical subdivision, -or nny other grOU? or combination acting os U
unit.
.. Orficill\ includes, but is not limited to: Mayor, council member, Planning Con,missioner,
Mem".r of a board, commission, "r committee of the Ory, em?loyee, or staff membcrs.
47
--
11-5
RESOLUTION NO. 2007-
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING IRREGULARITY, ACCEPTING
BIDS AND AWARDING CONTRACT FOR THE
"EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR-
288)" PROJECT TO PALSONS ELECTRICAL SERVICES, INC.
WHEREAS, on July 25, 2007, at 2:00 p.m., the Director of Engineering and General
Services received five (5) sealed bids for "Eucalyptus Park Security Lighting (PR-288)" project.
The project will provide security lighting throughout the park; and
WHEREAS, bids from the five (5) contractors were received as follows:
CONTRACTOR BASE BID
Palsons Electrical Services, Inc - El Cajon, CA $49,940.00
Stars Electric -San Diego, CA $59,400.00
HMS Construction - San Marcos, CA $60,000.00
Lekos Electric - EI Cajon, CA $66,500.00
3-D Enterprises - San Diego, CA $76,850.00
WHEREAS, after reviewing the bid documents, staff discovered a discrepancy with the
grand total bid amount submitted by Palsons Electrical Services, Inc.; and
WHEREAS, the amount submitted was $49,940.00, however the grand total amount was
written as $49,490.00; and
WHEREAS, the base bid is $9,460.00 less than the second lowest bidder and below the
Engineer's estimate of$50,000 by $60.00 or approximately 1 %; and
WHEREAS, Section 1009 of the City Charter allows the City to waive mmor
irregularities if the irregularities will benefit the City of Chula Vista; and
WHEREAS, staff determined that the irregularity was clerical in nature, would benefit
the City in the form of savings to the City of $9,460.00, and could proceed with the award
process to Palsons Electrical Services; and
WHEREAS, staff recommends waiving irregularity and award the "Eucalyptus Park
Security Lighting (PR-288)" project to Palsons Electrical Services, Inc.. in the amount of
$49,940.00; and
WHEREAS, staff has verified the references provided by the contractor and their work
has been satisfactory.
H:\ENGrNEER\RESOS\Resos2007\12-ll-07\PR288 11190.doc
11-6
Resolution No. 2007-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive irregularity, accept bids and award contract for the "Eucalyptus Park
Security Lighting (PR-288)" project to Palsons Electrical Services, Inc. in the amount of
$49,940.00.
Presented by
Approved as to form by
~1'''"^t\~~\\.
Ann Moore '
City Attorney
Jack Griffin
Director of Engineering and General Services
H:\E.NGINEERIRESOS\Resos2007\12_1 J -Q7\PR288 resD.doc
11-7
CITY COUNCIL
AGENDA STATEMENT
December 11, 2007
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A REVISED AND
RESTATED AGREEMENT FOR BASIC AND
ADVANCED LIFE SUPPORT SERVICE WITH
LAIDLAW MEDICAL TRANSPORTATION INC., DBA
AMERICAN MEDICAL RESPONSE, AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMEN~ ^JJ
...... (l..\)rrf"
FIRE CHIEF ,..., ,
CITY MANAGER fk;J::2.--
4/5THS VOTE: YES NO X
ITEM TITLE:
BACKGROUND:
On May 14,2002 the City Council approved the Amended and Restated Agreement with
American Medical Response (AMR) for Basic and Advanced Life Support Ambulance
Service (2002 Agreement). The 2002 Agreement became effective for the three-year
period June 1,2002 through May 31, 2005. The 2002 Agreement contained a provision
for two additional three-year extensions for AMR to continue providing ambulance
services subject to the City's discretion. The 2002 Agreement also contained a provision
for AMR to request rate adjustments for ambulance services.
ENVIRONMENTAL REVIEW:
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act [CEQA] and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because it does not involve a physical change to the environment; therefore,
pursuant to Section 15060[c][3] of the State CEQA Guidelines the activity is not subject
to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION:
That Council adopts the resolution approving a Revised and Restated Agreement with
AMR for Basic and Advanced Life Support Ambulance Service, which includes a revised
rate schedule for basic and advanced life support ambulance transport rates and related
services charges and a new agreement period.
12-1
December 11, 2007 Item~
Page 2 of5
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable.
DISCUSSION:
The City is authorized by Government Codes Section 38794 and Municipal Code
sections 5.10.310-5 10.340 to contract for ambulance services. The City has contracted
with American Medical Response (formerly known as Hartson Medical Services) for the
provision of Basic and Advanced Life Support Ambulance services since 1989. The
current agreement with American Medical Response (AMR) permits AMR to provide
services to an Exclusive Operating Area (EOA) that was adopted by the County of San
Diego. This EOA consists of the City of Chula Vista, Bonita/Sunnyside Fire Protection
District, and the City of Imperial Beach. On May 14, 2002, the City Council adopted an
amended and restated agreement (2002 Agreement) with AMR that clarified and
reinforced the following key stipulations:
· Definition of service requirements and performance standards to optimize service
delivery
· Minimum resource requirements for the number of ambulances, staffing and
equipment to be deployed for the provision of service
· Provisions for termination that would provide the City with adequate notice in
order to avoid service interruptions
· Insurance requirements for motor vehicles operated by AMR in order to protect
the City from liability
· Hold harmless provisions that indemnified the City from liability arising from
negligence acts or omissions resulting from AMR's performance
· Renewal Provisions that provided the flexibility to extend the agreement at their
own discretion.
In addition to these stipulations, the 2002 Agreement provided the members of the EOA
with the lowest basic and advanced life support ambulance transport rates in the County.
AMR has subsequently been providing services under the terms of 2002 Agreement and
has been in compliance with its terms.
Extension of 2002 Agreement
Two additional three-year extensions were made available to the City under the terms of
the 2002 Agreement (see Section 17 of2002 Agreement) approved on May 14,2002. The
2002 Agreement is provided as Attachment A. The initial three-year period covered
under this Agreement with AMR expired on May 31, 2005. The City and AMR did not
enter into a subsequent formal extension for the following reasons:
1. The City of Imperial Beach (A member of the EOA) was in process of exploring
partnerships with other jurisdictions for the provision of ALS and ambulance
services that would have potentially altered the structure of the EOA.
12-2
December 11, 2007 Item JL
Page 3 of5
2. The emergence of a potential new service ALS delivery structure known as the
Regional Care Cooperative Program (RCCP) is being explored by various
jurisdictions in the region. Under the RCCP, AMR would be leading provider of
ALS and ambulance transport services and would provide economies of scale
opportunities to RCCP participants. The implementation of the RCCP would also
have implications for the structure of the EOA.
3. Both AMR and the City awaited the completion Advanced Life Support (ALS)
Study that was being undertaken by the Fire Department to determine if new
opportunities for service delivery benefiting both parties could be restructured
into a subsequent new agreement.
Unfortunately, the ALS Study has been delayed and those opportunities will be further
explored and presented in the future. In the meantime, both parties have continued to
operate under the terms of the 2002 Agreement as provided in Section 18 of the 2002
Agreement. As a result, AMR has continued to provide services to the EOA up to the
present time.
Staff will formulate recommendations based on the completion and the findings of the
ALS study for the long-term delivery of ALS services within the City. These findings and
recommendations will be returned to Council in addition to any issues that may affect the
contract agreement with AMR.
In the meantime, staff is requesting approval of extensions allowed under provision of the
2002 Agreement with AMR. If approved, a Revised and Restated Agreement will be in
effect from December 11, 2007 through May 31, 2011 with two additional three-year
extension options available thereafter.
Request for Increase in the Basic and Advanced Life Support Ambulance Transport
Rates
Pursuant to section 5.7 of the amended restated agreement, AMR has the reserved right to
request a fee increase in the event of extraordinary cost increases occurring in any of the
contract years. Extraordinary costs are defined as an increase of 20% or more from the
previous contract year in any of the following categories:
. Vehicle physical damage insurance
. Professional liability insurance
. Worker's compensation insurance
. General Liability Insurance
. Gasoline, diesel, propane, oil and petroleum products
. Pharmaceuticals or medical supplies
Accordingly, the City Council reserves the right to approve or disapprove such a request
at its sole discretion.
12-3
December II, 2007 Item~
Page 4 of5
In an effort to address impacts to their business model sustained due to not increasing
ambulance transport fees since June 2004, AMR is requesting an increase in the amount
of $137.34 to the current ALS emergency ambulance transport fee. The new ALS
emergency ambulance transport fee would increase to $650.00 from the current fee of
$512.66 if this fee increase were approved. Under the terms of the 2002 Agreement, the
ALS emergency ambulance transport fees were increased at an annual rate of 5% from
2002 through 2004 by AMR to the current $512.66 fee level. In the absence of an
approved extension of the 2002 Agreement, the ALS emergency ambulance transport
fees were not increased further by AMR after June of 2004. However, the current 2007
ALS emergency transport fee would have increased to $593.47 if the annual 5%
adjustments had been applied to the current $512.66 fee from 2005 through 2007.
In addition to the proposed fee increase, AMR is also requesting that the revised fee be
allowed to increase by 7.0% each year as consideration for this Revised and Restated
Agreement. This increase is being requested in order for the fee to keep pace with costs
of service delivery. The proposed rate schedule is summarized as follows:
City of Chula Vista AMR Proposed ALS Rate Schedule:
Requested Rate Annual
Contract Year Base Rate Year 1 Rate Increase Ad'ustment
Current $ 512.66 650.00 $ 137.34
Ma ,2008 $ 695.50 $ 45.50 7%
Ma , 2009 $ 744.19 $ 48.69 7%
Ma ,2010 $ 796.28 $ 52.09 7%
The justification for increasing the ALS emergency ambulance transport fee to $650.00
and allowing this rate to increase by 7.0% throughout the contract extension period
ending May 31, 2011 is contained in an issue paper prepared by AMR titled:
"SUSTAINING EXCELLENCE: The Case of Ambulance Rate Increases - 2007. This
issue paper is provided as Attachment B and contains the pertinent information for
Council's consideration ofthe requested AMR fee increase.
DECISION MAKER CONFLICT:
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500-foot rule found in California Code of
Regulations section I 8704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT:
There is no fiscal impact to the General Fund as a result of adopting this
recommendation. All costs associated with this recommendation will be borne by the
users of AMR services.
12-4
December 11, 2007 Item~
Page 5 of5
ATTACHMENTS:
Attachment A - AMR Revised and Restated Agreement
Attachment B - SUSTAINING EXCELLENCE: The Case for Ambulance Rate Increases - 2007
J:\AnomeyIJDAWSQN\Agenda Sta/:emenu\AMR Contract ExteIl$ioll,doc
12-5
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
.tfiUL I
Ann Moore
City Attorney
Dated: / z /~ /2-06 7
I I
Revised and Restated
Ambulance Service Agreement
by and between
American Medical Response Ambulance Service, Inc.
and
The City of Chula Vista
12-6
Attachment A
REVISED AND REST A TED AGREEMENT FOR BASIC AND
ADVANCED LIFE SUPPORT AMBULANCE SERVICES
This REVISED AND RESTATED AGREEMENT FOR BASIC AND ADVANCED
LIFE SUPPORT AMBULANCE SERVICE ("Agreement") is entered into effective as of
December 11, 2007 ("Effective Date"), by and between the CITY OF CHULA VISTA, a
municipal corporation, herein called "CITY," together with Imperial Beach Fire Department and
Bonita/Sunnyside Fire Protection District (collectively "Participating Agencies"), and
LAIDLAW MEDICAL TRANSPORTATION, INC., a Delaware corporation, dba AMERICAN
MEDICAL RESPONSE, herein called "AMR."
WITNESSETH
A. WHEREAS, within the City of Chula Vista, there is a public health and safety need
for effective and efficient basic and advanced life support emergency and non-
emergency ambulance services; and
B. WHEREAS, various studies and actual practical experience have clearly
demonstrated that communities of the approximate size and population ofChula Vista
are best assured of receiving the highest level of emergency and non-emergency
ambulance transportation services at the lowest cost to the consumer where service
calls are originated through the 911 system if said services are delivered by a single,
competent provider on an exclusive basis; and
C. WHEREAS, CITY is authorized by Government Code Section 38794 and Municipal
Code Sections 5.10.310-5.10.340 to contract for ambulance services as public
convenience requires; and
D. WHEREAS, pursuant to Health and Safety Code Section 1797.224, the County of
San Diego has adopted a plan, in which it has designated an "exclusive operating area
(EOA)" defmed as that part of San Diego County generally known as the City of
Chula Vista, Bonita/Sunnyside Fire Protection District, and the City of Imperial
Beach, for which EOA the City is empowered to contract; and
E. WHEREAS, the City of Chula Vista Fire Department participates in the EOA's first
responder system responding to all emergencies originated in the 911 system; and
F. WHEREAS, on May 9, 1989, CITY and Med-Trans, dba Hartson Medical Services,
which has since been acquired by AMR, entered into an agreement for the provision
of basic and advanced life support and emergency and nonemergency service; such
agreement was amended on November. 26, 1996 (as amended, the "Original
Agreement"); and
1 t-7
G. WHEREAS, on June 1, 2002, CITY, AMR, and PARTICIPATING AGENCIES
entered into an Amended and Restated Agreement for Basic and Advanced Life
Support Ambulance Services ("Amended Agreement"), with an option to extend the
Amended Agreement; and
H. WHEREAS, the parties' desire to extend the Amended Agreement, with revised and
restated terms and conditions, as set forth in this REVISED AND RESTATED
AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE
SERVICE.
NOW, THEREFORE, in consideration of the mutual promises herein contained and for
other good and valuable consideration, receipt of which is hereby acknowledged, the parties
agree as follows:
1. SERVICES
AMR shall, without cost to PARTICIPATING AGENCIES, perform the following services to
the satisfaction ofPARTICIAPATING AGENCIES:
1.1 Provide pre-hospital Advanced Life Support ("ALS") and Basic Life Support ("BLS")
emergency medical care and transport services in response to medical calls for service
received through 9-1-1 and/or public safety dispatch and communication centers for
calls within the EOA, twenty-four (24) hours each day, seven days a week without
interruption, without regard to the patient's financial status.
1.2 AMR shall meet a maximum response time of 10 minutes for 90% of all ALS
emergency calls dispatched for each Service Area.
1.3 AMR shall respond to all calls downgraded to BLS calls within 20 minutes for 90% of
the calls dispatched for each Service Area.
1.4 Response time shall be calculated from the time that a dispatch is received by AMR for
the first dispatched ambulance until the time that the first ambulance arrives on the
scene or at the designated staging area as designated by the incident commander. If an
ALS call is downgraded, the above maximum response time shall not apply; however,
AMR shall be responsible for responding to such a downgraded call as is required for a
BLS response.
1.5 At a minimum AMR shall provide 4 (four), Type III ALS capable ambulances,
operating 24-hours per day; and an additional Type III, ALS ambulance operating 12-
hours per day, normally posted within the EOA.
1.6 Only Advanced Life Support responses shall be rendered in direct response to calls for
medical emergencies originating from the 911 System or requests from public safety
dispatch and/or communications centers.
1 i-a
1.7 Participate in disaster preparedness training with EOA personnel. This training shall be
in accordance with San Diego County and EOA disaster plans and consist of two
training sessions and participation in two exercises per year in order to ensure effective
coordination between AMR and EOA employees during disaster operations. AMR shall
make a reasonable effort to provide a supervisory level liaison to Service Emergency
Operations Center, when it is activated, for the purposes of coordinating emergency
medical operations for the EOA.
1.8 Provide a telephone "Hot Line" between AMR and the Fire Dispatch Center and the
installation of equipment in AMR vehicles to allow two-way radio communications
between AMR, ALS and BLS units and EOA Fire Departments on approved
frequencies.
All AMR dispatch data shall be captured electronically on a "real-time" with a
computer system capable of providing information to CITY in respect to address, times
of dispatch, response, arrival and unit identifier.
1.9 Participate in EMS system activities including development and operation of automatic
and mutual aid agreements, disaster drills, paramedic ride-alongs, paramedic intern
training, and continuing education programs. AMR also agrees to attend and participate
in meetings called at reasonable frequencies by CITY for the purpose of planning and
coordinating EMS service.
1.10 Provide a complaint procedure as outlined herein:
Whenever a complaint is received, regardless of whether from a health care agency,
public safety agency, a patient, or the general public, an Incident Report Form shall be
completed. The field supervisor shall conduct the initial investigation with emphasis
placed on identification of potential system failures and deficiencies, recommendations
for short and long range corrective actions, and the documentation of facts for future
review and reference.
Whenever possible, an immediate face-to-face response shall be made by a member of
AMR' s management team.
All documentation on complaints and criticisms shall be maintained for at least three
(3) years and a copy forwarded to appropriate PARTICIPATING AGENCY within 30
days of resolution or in a case where no resolution is reached, the City Manager of the
PARTICIPATING AGENCY or his or her designee shall be notified within two (2)
business days of determining that the matter is not resolvable.
1.11 AMR shall re-supply the Fire Departments of PARTICIPATING AGENCIES with
medical supplies and related emergency medical equipment, including Personal
Protective Equipment and disposable semi-automatic defibrillator supplies contained
within the list of equipment and supplies described in Exhibit "A," up to a maximum
cost ("Maximum Resupply Obligation") per fiscal year (July through June).
1 i-9
a. Beginning December 11, 2007, through June 30, 2008, the Maximum Resupply
Obligation shall be $14,000. AMR's Maximum Resupply obligation shall be
increased each fiscal year thereafter by 10% per year, not to exceed $20,000 for any
fiscal year during the term of this Agreement or subsequent extensions.
b. The ratio of the resupply amount shall correspond, on a pro rata basis to the
percentage of calls for service for each P ARTICIP A TING AGENCY.
c. The cost of the items supplied by AMR shall be determined by the actual invoice
cost to AMR. CITY shall be provided with an appropriate statement on a monthly
basis from AMR detailing supplies PARTICIPATING AGENCIES have received
through this process and the cost assigned to same. In no event shall AMR's
obligation hereunder exceed the actual cost of PARTICIPATING AGENCIES'
reesupply needs.
d. AMR shall clearly label all items delivered to the PARTICIPATING AGENCIES
and to provide, with the initial order, "Material Safety Data Sheets" for any new
items added to the PARTICIPATING AGENCIES' use or inventory.
e. In the event that changes in federal, state or local regulations require additional
Personal Protective Equipment or other medical equipment or supplies in support of
emergency Medical Services operations, and/or if AMR and CITY, by mutual
consent agree to utilize new equipment in the field to enhance patient care, and the
Maximum Reesupply Obligation by AMR is thereby caused to be exceeded for a
given fiscal year, the parties agree to negotiate in good faith to adjust the maximum
limits of AMR's contribution.
1.12 Properly transport and dispose of all biological/medical waste material used in patient
care by P ARTICIP A TING AGENCIES pursuant to this Agreement.
1.13 Provide all ambulances, as well as other vehicles and equipment that are necessary for
the provision of services required under this Agreement (including all fuel, lubricants,
maintenance, insurance, and repairs/replacement).
1.14 Provide standby ambulance support to the Fire Department of PARTICIPATING
AGENCIES at major emergencies as determined appropriate and necessary by
PARTICIPATING AGENCY's incident commander. Exemptions shall be granted to
AMR for calls received within the response area for the unit assigned to such incidents
during the time that unit is committed. Additionally, calls that can be shown to be
exceptions because of the deployment of this resource may also be granted exempt
status from response time compliance.
1.15 To participate in disaster preparedness planning and training activities carried out by
the Agencies within the EOA and the County of San Diego. AMR is not responsible for
providing medical supplies or equipment for such activities.
4
12-10
1.16 Comply with all training requirements established by the State of California, and all
applicable policies and provisions established by the San Diego County Emergency
Medical Services Division ("SDCEMSA"). .
1.17 Maintain neat, clean, and professional appearance of all personnel, equipment, and
facilities.
2. SYSTEM REQUIREMENTS
2.1 All ambulance units must be equipped and staffed at all times to meet all state and
county laws and regulations affecting service delivery. AMR shall operate and maintain
all ambulances and equipment in a manner that will not endanger life or property, and
in accordance with all existing and future federal, state, and local laws, ordinances,
regulations, resolutions, policies, procedures, and protocols applicable to AMR's
performance pursuant to this Agreement. AMR shall maintain Primary Type-III
Modular ALS units within the EOA in accordance with practices in effect as of the
Effective Date.
2.2 Staffing. For all requests for service received through the 9-1-1 system and/or public
safety dispatch and communication centers for calls within the Service Area, AMR
shall ensure that, at a minimum, the staffing requirements of SDCEMSD or other
appropriate successor in interest with appropriate authority, will be met at all times. In
furtherance of this requirement:
a. AMR shall guarantee minimum staffing levels on all units assigned to the EOA
24 hours/day, 365 days/year.
b. Such staffing levels shall be mandatory and employees needed for such staffmg
shall not be released until such time as minimum staffing levels can be maintained.
2.3 AMR agrees to employ Paramedics who meet and/or exceed all state and county
licensing and certification requirements. AMR will ensure that all emergency personnel
meet the continuing education requirements specified by San Diego County.
2.4 AMR shall notify PARTICIPATING AGENCIES immediately whenever any condition
exists which adversely affects delivery of satisfactory emergency medical services to
the EOA. For purposes of this paragraph, notification of Heartland Fire
Communications facility shall be deemed appropriate notification.
2.5 Other County-permitted providers' ambulances and personnel may be used for 9-1-1
pre-hospital emergency medical care and transport only in accordance with County
policy and with approval of AMR.
2.6 When it becomes necessary to use other providers to assist in responding to 9-1-1 calls,
AMR shall include such incidents in the monthly report.
5
12-11
2.7 AMR is responsible for assuring that its ambulances are staffed and equipped III
accordance with County policy and the terms of this Agreement.
2.8 AMR shall participate in and cooperate with other EMS System entities in furthering
the development of and enhancing capabilities within the system.
2.9 CITY acknowledges AMR's responsibility to inform each Agency it contracts with of
the requirements contained in the Health Insurance & Portability Act of 1996 regarding
confidentiality of patient records. The PARTICIPATING AGENCIES agree to uphold
the law with regard to the confidentiality of patient records and bear the costs of any
violation of patient confidentiality by their respective employees.
2.10 A minimum of semi-annual operations meetings for this BOA shall take place. Those
present shall include representatives from AMR and representatives from each
PARTICIPATING AGENCY. These meetings will take place to review monthly
response time reports, and to discuss any other issues involving this contract or
operations.
3. RESPONSE TIME PERFORMANCE.
System response times are a key measurement of performance. This measurement is the
determining factor that drives the placement and redeployment of the system's resources
throughout the entire system.
3.1 Each incident will be counted as a single response regardless of the number of units that
respond.
3.2 AMR shall use its best efforts to minimize variations or fluctuations in response time
performance.
3.3 AMR shall not be held accountable for response time compliance for any request for
service outside the EOA. Responses to requests for service outside the EOA will not be
counted in the number of total calls used to determine response time compliance under
this Agreement.
3.4 Compliance Reporting: AMR shall file a report of response time compliance on the
following basis:
a. For the City ofChula Vista, reports of response time compliance shall be submitted
on a monthly basis.
b. For the City of Imperial Beach and the Bonita/Sunnyside Fire Protection District, a
report combining the City of Imperial Beach's and the Bonita/Sunnyside Fire
Protection District's response times shall be submitted on a monthly basis.
6
12-12
c. The form and format of such reporting shall approximate the form attached hereto
as Exhibit "B," which from time to time may be amended with agreement of the
parties, and shall be filed within 10 days of the end of the previous month.
3.5 Response Time Exemptions - It is understood that unusual circumstances beyond
AMR's reasonable control can induce response times that exceed the aforementioned
standards. These unusual circumstances include only unusually severe weather
conditions, disaster, sudden and unexpected street closures or accidents that materially
alter traffic patterns, or unusual periods of very high demand upon the system.
Equipment failure, traffic collisions not involving the responding ambulance, or lack of
a nearby ambulance shall not furnish grounds for release from general response time
standards. If AMR feels that any run or group of runs should be exempt from response
time standards due to unusual circumstances beyond AMR's reasonable control, AMR
may request that these runs be excluded from response time performance calculations.
Each PARTICIPATING AGENCY shall determine the granting of exemptions within
its Service Area. If the PARTICIPATING AGENCY concurs that the circumstances do
fit the contract 1 s exemption criteria, it shall allow such exemptions in calculating
overall response time performance.
a. Each request for exemption will be accompanied by a completed "Exception
Inquiry Form" attached hereto as Exhibit "C," which from time to time may be
amended with the agreement of the parties, and shall be filed within 10 days of the
end of the previous month.
b. The Participating Agencies will have 10 days from the receipt of the requested
exemptions in which to notify AMR as to whether the requested exemptions have
been granted or denied.
3.6 Reassignment En Route. If a responding ambulance is reassigned en route from a first
call to second call prior to arrival at the incident location, the response time clock will
not stop on the first call until the arrival of an appropriately staffed ambulance on the
scene of the first call.
a. Separate code classifications and response time measurements will be kept on each
call.
b. AMR is expected to meet the applicable response times for the calls, even when
diverted.
3.7 Notwithstanding any other provision within this Agreement, the ALS Ambulance may
be canceled en route or down graded by dispatch, or anyon-duty paramedic, EMT, or
public safety officer at the scene consistent with San Diego County medical protocols.
12~13
3.8 Cancellation of Calls. Calls cancelled prior to the arrival of an ambulance on scene,
shall not be included in determining monthly response time compliance, but will be
noted in the monthly report.
4. PENAL TIES FOR RESPONSE TIME NON-COMPLIANCE
4.1 In the event AMR fails to meet the Response Time requirements in any Service Area,
AMR shall be accessed penalties as follows:
a. If AMR fails to meet the Response Time Criteria, after exemptions (if any) have
been granted, AMR shall add an additional 6 ALS Type III unit-hours per day to the
EOA.
b. These additional unit-hours described in paragraph 4.1 shall remain in place until
such time and AMR has maintained response time compliance for two consecutive
months.
c. Notwithstanding paragraph 4.1, in the event that AMR has 9 or more ALS calls for
service in one calendar month with response times of 20 minutes or longer, the
following penalty shall apply: AMR shall add an additional 8 ALS Type III unit-
hours per day to the BOA for two months.
d. These additional unit-hours described in paragraphs 4.1 and 4.3 shall be
implemented within 7 days of the final determination of non-compliance.
5. FEE SCHEDULES
AMR shall operate a billing and accounts receivable system that is humane, well-documented,
easy to audit, and which minimizes the effort required of patients to recover funds from third
party sources for which they may be eligible. AMR shall be able to provide quarterly and annual
reports as specified by CITY.
5.1 AMR is authorized to bill patients transported on calls originating as medical calls for
service through 9-1-1 and/or public safety dispatch and communication centers
according to AMR's fee structure attached as Exhibit "D", which may be modified
from time to time as described in Subparagraphs below. Patients billed shall be
provided with varied payment options.
5.2 Rates charged for Base Rate, Oxygen, Mileage, Night Charges and Treatment only (No
Transport) ("Primary Rate Components") shall not be increased above those set forth
on Exhibit "D" for the period December II, 2007, until May 31, 2008.
5.3 For each of the three contract years, June 1,2008, to May 31, 2009 (Year 2); June I,
2009, to May 31, 2010 (Year 3); and June 1,2010, to May 31,2011 (Year 4), the
Primary Rate Components may be increased at AMR's discretion by an amount not to
exceed 7% per year. No CITY approval shall be required for such a rate increase.
12~14
5.4 If CITY exercises its option to extend this Agreement for Years 5 through 7, or Years 8
through 10, AMR agrees to meet and confer with CITY for the purpose of negotiating
limitations on maximum rate increases in those years.
5.5 The meet and confer process shall begin six (6) months prior to the expiration of Year 5
and Year 8.
5.6 All other non Primary Rate Component charges, while not specifically assigned
maximum rates under this Agreement shall not exceed industry standard rates charged
by AMR and other ALS/BLS service providers within the County of San Diego.
5.7 AMR reserves the right to submit a request to the City Council for a fee increase, in
addition to that allowed above, for extraordinary expenses in any of the following
categories:
. Vehicle physical damage insurance
. Professional liability insurance
. Workers Compensation insurance
. General liability insurance
. Gasoline, diesel, propane, oil and petroleum products
. Pharmaceuticals or medical supplies.
Extraordinary expenses are defined as an increase in cost from the previous year of
twenty percent (20%) or more for a specific contract year in any of the above-stated
categories. The City Council reserves the right to approve or disapprove such a request
in its sole discretion.
5.8 Notwithstanding the above, AMR also reserves the right to submit a request for a fee
increase in the event of any extraordinary change in the payment or cost recovery
provisions in MediCal, MediCare, or their successor programs.
5.9 CITY shall notify AMR in writing of approval or disapproval of the increase within
thirty (30) calendar days of receipt of accurate and complete information satisfactorily
supporting any increase.
5.10 In the event that either Bonita/Sunnyside FPD or the. City of Imperial Beach withdraws
from this Agreement, the minimum ambulance requirements of the above subparagraph
shall be waived, and new minimum ambulance requirements established upon mutual
agreement between the parties. The withdrawing Agency must provide no less than 180
days notice to all parties of its withdrawal.
1 2~15
6. INSURANCE
AMR shall obtain and maintain at all times a policy of insurance by an insurance carrier
acceptable to CITY against loss from public and automobile liability arising from any operation
or activity of AMR, its agents or employees. Types and amounts of such insurance to be
maintained shall be as defined in Exhibit "E" Insurance Requirements, which is hereby adopted
by reference and hereby made part of this Agreement.
7. HOLD HARMLESS
AMR shall indemnify, protect, defend and hold harmless the PARTICIPATING AGENCIES, its
officers, agents, elected officials, volunteers and employees from and against all claims,
damages, losses and expenses, including attorneys' fees and other costs of defense, arising out of
or resulting from the performance by AMR of the services specified in this Agreement caused, or
alleged by third parties to be caused, by any intentional or negligent act or omission of AMR,
any subcontractor of AMR or anyone directly or indirectly employed by AMR or its
subcontractors, except to the extent caused by the 80le negligence or sole willful misconduct of
the PARTICIPATING AGENCIES, any subcontractor of the PARTICIPATING AGENCIES, or
anyone directly or indirectly employed by the PARTICIPATING AGENCIES or its
subcontractors.
8. INDEPENDENT CONTRACTOR STATUS
8.1 Both parties hereto in the performance of this Agreement will be acting in an
independent capacity and not as agents, employees, partners or joint venturers with one
another. AMR is not an employee of CITY and is not entitled to any of the rights,
benefits, or privileges of CITY employees, including but not limited to medical,
unemployment, or workers' compensation insurance.
8.2 This Agreement contemplates the personal service of AMR and AMR' s employees or
independent contractors, and it is recognized by the parties that a substantial
inducement to CITY for entering into this Agreement was, and is, the professional
reputation and competence of AMR.
8.3 Neither CITY nor its officers, agents or employees shall have any control over the
conduct of AMR or any of AMR's employees or independent contractors, except as
herein set forth, and AMR expressly agrees not to represent that AMR, or any of
AMR's agents, servants, employees or independent contractors, are in any manner
agents, servants or employees of CITY, it being understood that AMR, its agents,
servants, employees and independent contractors are as to CITY wholly independent
contractors and that AMR's obligations to CITY are solely such as prescribed by this
Agreement.
10
12-16
9. ASSIGNMENT
AMR shall not assign any portion of this Agreement or the services to be rendered thereunder
without the written consent first obtained from CITY, which will not be unreasonably withheld.
10. PERMISSION TO SUBCONTRACT SERVICES
AMR may subcontract for ALS First Responder services with each PARTICIPATING
AGENCY within the service area. Each agency may enter into an agreement with AMR for the
provision of those services.
10.1 The parties agree that upon execution of such subcontracts for first responder services,
response time performance standards may be modified and applicable paragraphs of
this Agreement modified in conformance with these new standards.
11. RIGHT TO REQUIRE PERFORMANCE
The failure of CITY at any time to require performance by AMR of any provisions hereof, shall
in no way effect the right of CITY thereafter to enforce same. Nor shall waiver by CITY of any
breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach
of such provision or as a waiver of any provision itself.
12. SEVERABILITY
If any provision of this Agreement shall be declared to be illegal, void or unenforceable by a
court of competent jurisdiction, such provisions shall be deemed severable, and the other
provisions shall not be affected but shall remain in full force and effect.
13. AUDIT AND REPORTING ROCEDURES
AMR agrees to allow CITY officials complete access to all operational and financial records and
data (including computer generated reports) pertaining to the services provided pursuant to this
Agreement. All records and documents regarding this service shall be available in San Diego for
a period of not less than three (3) years. AMR further agrees to submit to CITY the following
reports:
13.1 San Diego County (pre-hospital patient records) EMS Report Forms (ALS and BLS) on
request.
13.2 Annual Financial Report: Revenues billed and collected by payment source for calls
originating within the EOA, which includes a list of all transports. (Note: CITY
reserves the right to conduct spot checks of patient billings).
13.3 Monthly Response Time Analysis Report: Which shows percentage of calls arrived
within minute parameters and shows all late responses for all classifications.
1 2111 7
13.4 Monthly Exception Report: Which lists all response performance exceptions requested.
AMR shall make every responsible effort to identifY the cause of such extended
response time and shall document efforts to eliminate repetitions of that cause of poor
response time performance, if requested by Participating Agencies. (Note: Time in the
system is counted in seconds, not in whole minutes.)
13.5 Annual Collection Percentage Report: Which shows a breakdown of collection
performance.
14. NOTICES
All notices to AMR shall be mailed to:
Vice President of Operations
American Medical Response
8808 Balboa Avenue
San Diego, California 92 123
and
CEO
American Medical Response
20101 Hamilton, Suite 300
Torrance, California
All notices to Participating Agencies shall be mailed to:
Fire Chief
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
and
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
and
Fire Chief
City ofImperial Beach
865 Imperial Beach Boulevard
Imperial Beach, California 91932
12
12-18
Fire Chief
Bonita/Sunnyside F.P.D.
4900 Bonita Road
Bonita, CA 91902
15. CONSIDERATION
Consideration provided to AMR for the comprehensive services to be provided by AMR is that
CITY shall grant to AMR the exclusive rights to provide emergency and non-emergency basic
and advanced life support service within the EOA originated through the 911 system.
16. CONTRACT ADMINISTRATION
CITY designates the City Manager, City of Chula Vista, 276 Fourth Avenue, Chula Vista,
California 91910, or hislher designated representative, to administer this Agreement on behalf of
CITY. AMR designates Kurt Williams, VP Operations, 8808 Balboa Avenue, Suite 150, San
Diego, California 92123, to administer this Agreement on behalf of AMR. All reports, proposal,
letters, notices and/or other correspondence shall be sent to the attention of the designated
representatives at their respective addresses.
17. TERM OF AGREEMENT AND RENEWAL PROVISIONS
This Revised and Restated Agreement shall commence on December 11, 2007. This Agreement
shall terminate at midnight, May 31, 2011, unless extended as provided for herein.
This Agreement may be extended for two (2) additional periods of three years each at CITY's
option, in its sole discretion. CITY shall exercise its option to extend by sending written notice to
AMR of its intent by no later than six (6) months prior to the expiration of the then current term.
If CITY fails to notify AMR of its intent as provided above, then AMR shall notify CITY in
writing of its desire to extend or not to extend the term, and CITY shall have an additional 30
days from its receipt of such notice to make its election. Factors that will be considered by CITY
include AMR's response time performance, compliance with the terms and provisions of this
Agreement, AMR's responsiveness and cooperation in relationships with CITY, County
Emergency Medical Services and the Base Hospitals, and any other factors considered of
importance to CITY in its sale discretion.
18. RIGHT OF AMR TO TERMINATE AT BEGINNING OF YEARS 5 OR 8
18.1 Notwithstanding any other provisions of this Agreement, should the parties fail to come
to agreement on base rate charges at the beginning of the two extension periods (Year 5
or Year 8), AMR may terminate this Agreement by written notification to CITY
providing notice of the effective date of such termination which shall not be less than
365 days from the receipt of the notice. Service shall continue under the terms of this
Agreement for the time specified in the notice from AMR.
11~19
18.2 If after due diligence by CITY, CITY has not procured alternative ALSIBLS services,
CITY shall be entitled to order an extension of service for an additional period of up to
180 days after the termination by AMR. CITY shaH notify AMR in writing at least 60
days prior to the expiration of the one-year notice. Service shall continue under the
terms ofthis Agreement for the time specified in the notice from CITY.
19. TERMINATION FOR CCAUSE, LIQUIDATED DAMAGES
19.1 CITY may immediately terminate this Agreement if AMR's license to operate
ambulances by the state is revoked or suspended.
19.2 CITY may terminate this Agreement for cause, if the cause is not cured within thirty
(30) days after a written notice specifying the cause is delivered to Kurt Williams, VP
Operations, 8808 Balboa Avenue, Suite ISO, San Diego, CA 92123.
a. Cause shall include, but not be limited to:
(1) Failure to comply with the material terms and conditions of this Agreement,
after notice of the failure has been given to AMR;
(2) Gross misrepresentation or fraud;
(3) Failure to operate in compliance with the requirements of the applicable federal,
state and local laws, rules and regulations relating to the provision of ALS
paramedic and BLS ambulance service.
19.3 If, within the thirty (30) days after delivery of the written notice of termination for
cause, the material breach has not been cured to the reasonable satisfaction of CITY's
representative, then CITY may terminate this Agreement effective as of a date specified
in a written notice of termination delivered thereafter. During the thirty (30) day cure
period, if CITY determines that the public health and safety would be endangered by
the continued provision of service by AMR, in consultation with the County EMS
Medical Director or designee, CITY may nevertheless, inunediately suspend further
performance and give written notice of immediate termination of this Agreement.
19.4 If, after termination of this Agreement for cause by CITY pursuant to 19.1 and 19.2, it
is ultimately determined by an arbitrator that CITY's termination was not justified (that
AMR had not committed a material breach of this Agreement), CITY and AMR agree
that the injury AMR may suffer as the result of such conduct by CITY is, impossible to
ascertain or estimate and that the sum of $50,000, shall be paid by CITY to AMR and is
a reasonable estimate of the potential injuries suffered. Said amount is agreed upon as
liquidated damages and not as a penalty.
14
12-20
19.5 Any waiver, acceptance of services, or failure to require compliance as it relates to this
Agreement shall not be deemed to be a waiver of any other breach of or change to the
terms of, or operate to stop CITY from enforcing the provisions of this Agreement. A
consent to one assignment by CITY shall not be deemed to waive the right to consent to
any future assignments.
20. TERMINATION FOR CONVENIENCE.
Notwithstanding any provisions to the foregoing, CITY may terminate this Agreement at any
time and for any reason, by giving specific written notice to AMR of such termination and
specifying the effective date thereof, at least one hundred eighty (180) days before the effective
date of such termination. In the event this Agreement is terminated by CITY as provided in this
paragraph, AMR shall be entitled to receive compensation for services rendered prior to the
effective date of such termination. AMR hereby expressly waives any and all claims for damage
or compensation arising from termination as provided for herein.
21. EXTENSION
CITY shall be entitled to order extension of service for a period of sixty (60) days after
expiration of this Agreement by notifying AMR in writing at least thirty (30) days prior to
expiration of this Agreement. CITY shall be entitled to order two (2) additional sixty (60) days
periods of extension of service, for a maximum of 180 days of extension of service, providing
that AMR is notified in writing at least thirty (30) days prior to the expiration of each period of
extension and the parties agree on a reasonable interim compensation for said services. Service
shall continue under the terms of this Agreement for the time specified in the notice, or notices,
from CITY.
22. APPLICABILITY IN IMPERIAL BEACH
This Agreement shall apply throughout the EOA; provided, however, with regard to the
provision of services within the corporate limits of the City of Imperial Beach, the provisions of
paragraph 3 (response time commitments) and Exhibit "D" (base rates) shall be superseded by
the provisions, if any, in any agreement in effect between AMR and the City ofImperial Beach.
If AMR and the City of Imperial Beach do not have an agreement in effect at any time during the
term of this Agreement, then response times and the Fee Schedule for the Imperial Beach portion
of the EOA shall be as provided herein.
23. AGREEMENT TO REOPEN NEGOTIATIONS
At any time during the term of this Agreement, either party reserves the right to propose system
enhancement changes which will better meet the needs of the service area. The parties agree to
meet and confer and determined the appropriateness of any such change to the system and any
necessary or appropriate corresponding increase in AMR's rates. Any such change shall be by
mutual agreement with each party acting in its sole discretion.
1 t.?21
SIGNATURE PAGE TO AMENDED
AND RESTATED AGREEMENT FOR BASIC
AND ADVANCED LIFE SUPPORT AMBULANCE
SERVICE
THE CITY OF CHULA VISTA
LAIDLAW MEDICAL
TRANSPORTATION, INC.
A Delaware Corporation, dba
AMERICAN MEDICAL RESPONSE
Cheryl Cox
Mayor of the City ofChula Vista
ATTEST:
Approved as to form by:
Ann Moore
City Attorney
CITY OF IMPERIAL BEACH
City Manager
BONITNSUNNYSIDE FIRE
PROTECTION DISTRICT
Fire Chief
J:\AttorneyIJDA WSON\AGREEMENTSIBasic Advanc=d Ufe SUpport Svcs (wo exhibils).doc
1 Z!..6Z Z
Exhibit "A"
Equipment List
. 4x4 Non Slerile
, 0 4x4 Sterile
o ABD Pads
. Ace Wraps 3"
o Band Aids
. Chux
. Cold Packs
o Detib Pads
o Eye Pads
. Flashlight
. Hot Packs
o Kerfix
o Ocdusive Dressing
. Sam Splints
o Stethoscope
. Tape - 1 n Transpore
o Tape - 1" Waterproof
o Tape - 2" Bron
o Trauma Dressing
. Trauma Shears
o Triangular Bandage
. Toumiquet
o Bulb Syringe
. 02 Wrench, small
. KY Jelly Packets
. Nasal Airway 12-36 fr
. Oral Airway, o-a
o Nasal Cannula, Adult
o Nasal Cannula, Ped
. 02 Mask, NRB, Adult
. 02 Mask, NRB, Ped
. 02 Mask, Ped
. C-Collar each size
. NS, 500ce, Sterile
. Water, 500cc, Sterile
. Sharps Container
. Splint Arm & Leg each
. Sta-Bloks, Head Immobilizers
. Ambu-Bag, Adult set
. Ambu-Bag, Ped. Set
. Ambu-Bag, Infant set
. Mask, Resuscitator, ped
. Mask, Resuscitator, Infant
. Oxygen
. 02 Rings
. 02 Wrench
. 02 Humidifier
. 02 Nebulizer Set
. 02 Nebulizer Adult
. 02 Nebulizer Ped
. NaCI Bullet, 3ce
o Suction Cannister, 800ce wll,id
. Suction Cannister, 1200cc wI lid
. Suction Cath. Rigid Tip
. Suction Cath, Flexible, 6-18 fro Each
. Suction Connection Tubing
. Suction, Portable
. SIP Cuffs (Adult, Thigh, Ped, Infant)
. Gloves, Exam, Box each small, med, large
. Gloves, Sterile, pr Each 7,8
. Hydrogen Peroxide
. Mask, Surgical
. Mask, Hepa
. OB Kit
. Plastic Bags, Clear, Large
. Plastic, Bags, Clear, small
. Plastic, Bags, Red
. Plastic, Bags, Yellow, Large
12-23
Exhibit "S"
PARAMEDIC UNIT RESPONSE TIME SUMMARY
SOUTH SA Y EOA
Participating Agency
PERIOD: DODD, MMMM DO. 'fYYY Throogh DODO. MMMM DO, yyyY
I.. Finali%ed Monthly Response Time
Compliance Summary
Response TIm.. Total Adjusted
'_to On Scene) Runs Exempt RUi!s Percent Accumula1ive%
00:00 - 01 :00 MIN 0 0 0.00% 0.00%
01:01- 02:00 MIN 0 0 0.00% 0.00%
02:01 - 03:00 MIN 0 0 0.00% 0.00%
03:01 . 04:00 MIN 0 0 0.00% 0.00%
04:01 .05:00 MIN 0 0 0.00% 0.00%
05:01 - 06;00 MIN 0 0 0.00% 0.00%
06:01 . 07:00 MIN 0 0 0.00% 0.00%
07:01 - 08:00 MIN 0 0 0.00% 0.00%
08:01 . 09:00 MIN 0 0 0.00% 0.00%
09:01.10:00 MIN 0 0 0.00% 0.00%
10:01 -11:00 MIN 0 0 0 0.00% 0.00%
11:01-12:00 MIN 0 0 0 0.00% 0.00%
12:01. 13:00MIN 0 0 0 0.00% 0.00%
13:01 - 14;00 MIN 0 0 0 0.00'1'. 0.00%
14:01 - 15:00 MIN 0 0 0 0.00% 0.00%
15:01 - 16:00 MIN 0 0 0 0.00% 0.00%
16:01 -17:00 MIN 0 0 0 0.00% 0.00%
17:01 . 18:00 MIN 0 0 0 0.00% 0.00%
15:01 - 19:00 MIN 0 0 0 0.00% 0.00%
19:01 .20:00 MIN 0 0 0 0.00% 0.00%
20:01 - 21:00 MIN 0 0 0 0.00% 0.00%
21 :01 - 22:00 MIN 0 0 0 0.00% 0.00%
22:01 - 23:00 MIN 0 0 0 0.00% 0.00%
23:01 - 24:00 MIN 0 0 0 0.00% 0.00%
24:01 - 25:00 MIN 0 0 0 0.00% 0.00%
25:01 - 25:00 MIN 0 0 0 0.00% 0.00%
28:01 - 27:00 MIN 0 0 0 0.00% 0.00%
27:01 - 25:00 MIN 0 0 0 0.00% 0.00%
28:01 - 29:00 MIN 0 0 0 0.00% 0.00%
29:01 - 30:00 MIN 0 0 0 0.00% 0.00%
12-24
Response Times Total Adjusted
(Received to On Scene) Runs Exempt Runs Percent Accumulative %
30:01 - 31:00 MIN 0 0 0 0.00% 0.00%
31:01- 32:00 MIN 0 0 0 0.00% 0.00%
32:01 - 33:00 M1N 0 0 0 0.00% 0.00%
33:01 - 34:00 MIN 0 a 0 0.00% 0.00%
34:01 - 35:00 MIN 0 0 0 0.00% 0.00%
35:01 - 36:00 MIN a a 0 0.00% 0.00%
36:01 - 37:00 MIN 0 0 0 0.00% 0.00%
37:01 - 38:00 MIN 0 0 0 0.00% 0.00%
38:01 - 39:00 MIN 0 0 0 0.00% 0.00%
39:01 - 40:00 MIN 0 0 0 0.00% 0.00%
40:01 MIN OR OVER 0 0 0 0.00% 0.00%
TOTA~S a 0 0 0.00% 0.00%
Total TranspotlS 0
Average Paramedic Response Time: 0.00 Minutes
A. Total Mutual Aid provided: 0
B. Total Mutual Aid Received: 0
a) Annualized (Year to Date): Responses: 0
Responaeo Wllllln Criteria: 0
c. Annualized compliance %:
0.00%
This report shall be wed fer the compllaUon of annual response Ume con:'lpllance calculations.
12-25
EXHIBIT "cn
Exception Inquiry
Unit:
Incident Location:
Call Received:
Crewmembers:
Responded from:
Incident #:
Date of Incident:
Disp Time:
Resp Time:
ONS Time:
Communication Notes:
Crew Notes:
Comm Report By:
Crew Report By:
This response is to be submitted prior to EOS.
Fax to Communication Center 858-492-3634
Date:
Date:
12-26
Exhibit D
South Bay Exclusive Operating Area Rates
for ALS Base Rate, BLS Base Rate, Treatment Only
Rate, Mileage, Oxygen and Night Charges
NITA
$650.00
c
H
HAR E
ALS Emergency Base
Rate
BLS Base Rate
Mileage Rate/Mile or
ortion thereof
Ox en Char e
Ni ht Char e
Treatment Onl
497.30
497.30
497.30
20.02
72.35
71.66
150.00
Per ReviseiRestated Agreement effective December 11, 2007
12-27
EXHIBIT "E"
INSURANCE REQUIREMENTS FOR CONTRACTORS
AMR shall procure and maintain for the duration of the contract Insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the perfonTlance of the work hereunder and the results of that work
by the AMR, Its agents, representatives. employees or subcontractors.
II. Min~ Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage
(occurrence Form CG0001)
2. Ambulance Owners/Operators Malpractice Insurance and/or Errors and
Omissions Insurance appropriate to the contactors operations.
3. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code1 (any auto).
4. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
III. Minimum Limits of Insurance
AMR shall maintain limits no less than:
1.
Liability:
General $2,000,000
per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general
aggregate limit is used. either
the general aggregate limit shall
apply separately to this
project/location or the general
aggregate limit shaH be twice
the required occurrence limit.
per accident for bodily injury and
property damage.
2. Automobile Liability: $2,000,000
12-28
3. Employer's Liability: $1,000,000
per accident for bodily injury or
disease.
4.Ambulance $ 2,000,000
Owners/Operators
Malpractice, Errors and
Omissions or
Professional Liability As
Appropriate
Deductibles and Self.lnsured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the AMR shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration, and defense expenses.
Other Insurance Provisions
The general liability and automobile liability pOlicies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be
covered as insureds with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the AMR; and
with respect to liability arising out of work or operations performed by
or on behalf of the AMR including materials, parts or equipment
fumished in connection with such work or operations. General liability
coverage can be provided in the form of an endorsement to the AMR's
insurance, or as a separate owner's policy (CG20 1011 85).
2. For any claims related to this project, the AMR's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers
shall be excess of the AMR's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled by either party, except after
thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement
to indemnify the additional insured would be invalid under Subdivision
(b) of Section 2782 of the Civil Code.
12-29
A. AccePtability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than A:VII.
B. Verification of Coverage
AMR shall fumish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on forms
provided by the City or on other than the City's forms, provided those endorsements
or policies conform to the requirements. All certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the
right to require complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications at any time.
C. subcontractors
AMR shaJ/ include all subcontractors as insureds under its policies or shall fumish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
12-30
Exhibit "'P"
Definitions
The definitions included in California Code of Regulations, Title 22, Division 9,
Chapters! . 9; California Code of Regulations, Title 13, Division 2, Chapter 5,
Article 1; and Division 2.5, Chapters2 - 11 of the California Health and Safety Code,
shall apply to this Agreement unless the Agreement indicates otherwise. By way of
example such definitions shall include, but not be limited to EMT, EMT-IA, EM!.
Paramedic, Paramedic, Emergency Medical Services Agency andlor Medical
Director.
1) Ambulance is defined as any motor vehicle which meets current specifications and is
licensed as an ambulance by the State of California and is permitted in the County of
San Diego.
2) Arrival at Incident Location is defmed as the moment the EMS personnel notify an
appropriate Communications Center that an emergency response unit is at its parlcing
position at the scene of an incident (e.g., the entrance to a specific apartment building.
not merely the entrance to the apartment complex in general; or an actual collision
scene - not merely an approach location within sight of the collision). For purposes of
this paragraph, arrival at locked gates of a occupancy shall constitute arrival as shaU
arrival at an appropriate or designated staging area or "stand-back" location.
3) Back-uP is defined as assistance from another a unit not normally assigned to the
EOA from outside the EOA by responding into the Exclusive Operating Area at the
request of AMR.
4) Call(s) for Service shall mean requests for emergency medical ambulance service
received by Heartland Fire Communications Center or other Public Safety Answering
Point serving the Service Area.
5) CMS means Centers for Medicare and Medicaid Services. This agency of the United
States Department of Health and Human Services was formally known as the Health
Care Financing Administration (HCFA).
6) Computer-aided Dispatch (hereinafter referred to as "CAD'') is a system of computer
hardware and software that facilitates call taking, resource dispatch and deployment,
dispatch and unit times documentation, creation and real time maintenance of
incidents, data base and management information system.
7) Code 2 is a response to an emergency which has been designated in strict accordance
with approved protocols as non.life threatening at call reception by appropriate AMR
Communications personnel or other appropriate Public Safety Answering Point
(hereinafter referred to as "PSAP'') personnel. Vehicles responding Code 2 shall obey
all traffic signs and respond without the use of the siren.
12-31
8) Code 3 is a response to an emergency which has been designated in strict accordance
with approved protocols as life-threatening by appropriate AMR Communications
personnel or other appropriate PSAP personnel. Vehicles responding Code 3 shall
respond as quickly as possible using lights and siren and may move through traffic
against directional signs if it can be done safely.
9) AMR Communications Center is the central medical emergency dispatch center from
which all emergency ambulances operating in the BOA are dispatched and controlled.
10) Emergencv is defined as a perceived need for immediate medical attention or an
incident in which the potential for such need for immediate medical attention is
perceived by emergency medical personnel or public safety personnel, and in which a
delay in providing such services may aggravate the medical condition or cause the loss
of life.
11) Emergency Medical Dispatch (hereafter referred to as "EMD") is a protocol driven
system of caller interrogation that allows communications personnel trained as
Emergency Medical Dispatchers to provide medical care instructions, including
bleeding control, airway management, and CPR.
12) Exceotion is a late response as determined by response time criteria.
a) Exclusive Operatin~ Area (hereinafter referred to as "EOA") is defined as
the EMS area or sub-area defined in the EMS plan within which only the
designated emergency medical care and transport service may provide pre-
hospital emergency medical care and transport services in response to calls
received through the 9-1-1 system for a defined period of time. Forpurposes
of this Agreement, the EOA refers to the geographical boundaries of the City
of Chula Vista, Imperial Beach and Bonita/Sunnyside Fire Protection
District.
13) Exemotion is a determination to exclude an EMS event from the predetermined
response time criteria due to factors outside AMR's control.
14) First Resoonder Agency, for purposes of this Agreement, is defined as any public
agency that has a current agreement with AMR, approved by the County, to respond to
medical emergencies when dispatched in order to assess the scene, initiate emergency
medical treatment and document care prior to the arrival of the ALS Transport Team.
15) Medical Direction is direction given to EMS personnel, in accordance with EMS
agency policy, either by AMR Medical Director or by the County EMS Medical
Director, through standing orders, or through direct voice contact with a Base Station
Physician or with an approved mobile intensive care nurse (hereinafter referred to as
"MIeN") with or without vital sign telemetry.
12-32
16) Response Data is the measurement oHime lapsed on a continuum of response to a 9-1-
1 call. The components oHime measured for a response to a 9-1-1 call are defined as
follows:
a) Discovery - time of incident until dispatcher receives 9-1-1 call;
b) Disoatch - time from 9-1-1 call to dispatch of first responder and transport
ambulance;
c) First Response - time of unit notification until arrival of first response unit at I
incident location;
d) Response Time - time of unit notification until arrival of Transport Unit at incident
location;
e) Scene Time - time of arrival of First Response unit or Transport Unit at incident
location until they leave the scene. Scene time is calculated separately for First
Responders and Transport team;
f) Transoort time - time Transport Unit leaves the scene until arrival at hospital; and
g) Back in Service - Time Transport unit at hospital is clean and ready for another
call.
17) Service Area - Each PARTICIPATING AGENCY (City of Chula Vista, City of
Imperial Beach and the Bonita/Sunnyside Fire Protection District) is a separate and
distinct Service Area. The three Service Areas compose the EOA. .
18) Stand-by Service is defined as the dispatch of an ambulance unit by AMR
Communications Center at the specific request of a public safety agency to a position
of immediate availability. This does not include a pre-arranged stand-by request for
activity of any duration,. such as concerts, sporting events, etc.
19) SyStem Status ManaJl:ement Plan is an algorithm and written operating procedures for
on-line, real time management of system resources through system deployment,
posting patterns and redeployment of units and unit hours to meet the ongoing demand
of the system and to optimize system coverage consistent with real time needs of the
system.
12-33
BOND NO.: 5017389
PERFORMANCE BOND
BOND SAFEGUARD INSURANCE COMPANY
Know all Men by these Presents, that we, AMERICAN MEDICAL RESPONSE OF
SOUTHERN CALIFORNIA
(hereinafter called Principal"), as Principal, and the BOND SAFEGUARD
INSURANCE COMPANY, Lombard, II. a corporation duly organized under the laws of
the State 0 f Illinois, and authorized to transact business in the State of CA (hereinafter
called the Surety), as Surety, are held and firmly bound unto:
CITY OF CHULA VISTA
276 FOURTH AVENUE
CHULA VISTA, CALIFORNIA 91910
(hereinafter called "Obligee"), in the penal sum of THREE HUNDRED THOUSAND
AND OO/lOO----------------------------------DOLLARS ($300,000.00)
good and lawful money of the United States of America, for the payment of which, well
and truly to be made, we bind ourselves, our heirs, administrators, executors, successors
and assigns, jointly and severally, firmly by these presents.
SEALED with our seals and dated this 9th day of JUNE, 2006.
WHEREAS, the Principal entered into a certain Contract with the Obligee, dated the
I" day of NOVEMBER, 1998.
FOR: BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICES
in accordance with the terms and conditions of the said Contract, which is hereby referred
to and made a part thereof as if fully set forth herein.
Now, therefore, the condition of the above obligation is such, that if the above
bounden Principal shall well and truly keep, do and perform each and every, all and
singular, the matters and things in said Contract set forth and specified to be by the said
Principal kept, done and performed, at the time and in the manner in said contract
specified, or shall pay over, make good and reimburse to the above named Obligee, all
loss and damage which said obligee may sustain by reason of failure or default on the
part of said Principal so to do, then this obligation shall null and void; otherwise shall
remain in full force and effect, subject, however, to the following conditions:
12-34
Any suit under this bond may be instituted before the expiration of two (2) years from
the date on which final payment under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than the Obligee named herein or the heirs, executors, administrators,
or successors of the Obligee.
By:
By:
BO
COMPANY
12-35
POWER OF ATTORNEY AO 4 1 4 0 4
Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEQUARD INSURANCE COMPANY, an illinois Corporation w~h its
prIncipal office in Lombard, Illinois, does hereby constitute and appoint: Richard C_ Gaff Marv rl:ai.,.p ronff' .....14...:" M Q..__....l "''''.......'''..'''...
................................~.................*....................................................**.**.**.**................
Its trua and lawful Attorney(s)-In-Facl to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings
or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company
or other person or persons as Attorney-in-Facl to execute on behaif of the Company any bonds, undertakings, policies, contracts of
indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might
execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as n they had been duly executed and acknowledged by the regularly elected
officers of the Company, Any Attorney-In-Fact, so appointed. may be removed for good cause and the authority so granted may be
revoked as specified In the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted, and the signature of the Vice Presiden~ and the seal of the Company may be affixed by facsimile to any certificate of
any such power and any such power or certificate bearing such facsimile signature and seal shail be valid and binding on the Company.
Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which
it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate seal to be affixed this 7th day of November, 2001.
BOND SAFEGUARD INSURANCE COMPANY
BY
r?/e~~
David E. Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November, 2001, before me, personaliy came David E. Carnpbeillo me known, who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which
executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws
of said corporation. /J / :/ # 1..-/
"OFFICIAL SEAL" M.........~ ~
MICHELE KOLLER .
NoIary Public, Slate olllNnols
Mr Co_llSlon Expi... 08l28I07
Michele Keiler
Notary Publio
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, Anlliinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in fuli force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at lombard, Illinois this
9th
Day of
June
.20 06
WJJ~
Donald D. Buchanan
Secretary
12-36
~,~
~~
~~~
CI1Y OF
OIUlA VISTA
COpy
Fire Department
June 28, 2006
MIMS INTERNATIONAL, lTD.
Atln: Ms. Felicia M. Buscemi
901 Dulaney Valley Road, Suite 610
Towson, Maryland 21204
RE: Bond Release - Western Insurance Company - #ABC50509
To Whom It May Concern:
Original bond #ABC50509 issued by Western Insurance Company, on behalf of
American Medical Response of Southern California, is hereby replaced with bond
#5017389 issued by Bond Safeguard Insurance Company.
~ )),~:;)
Douglas A. Perry,
Fire Chief
DAP:ah
447 F Street. MS F-200
Chula Vista, CA 91910
~~
PRIDE
AT w 0 II
Phone (619) 691.5055
Fax (619) 691-5057
12-37
www.chulavistaca.gov
:. PosI-Canwmer ~=cI hp:!
~{~
liiiMliii
~::.-~~
mY OF
CHUlA VISTA
Fire Deparbnent
December 18, 2003
MIMS INTERNATIONAL, LTD.
ATTN: Ms. Felicia M. Buscemi
901 Dulaney Valley Road, Suite 610
Towson, Maryland 21204
RE: BOND RELEASE - AMERICAN HOME ASSURANCE COMPANY
To Whom It May Concern:
Original Bond #29-25-51, issued by American Home Assurance Company, on
behalf of American Medical Response of Southern California is hereby replaced
with bond #ABC50509 issued by Western Insurance Company.
Sincerely,
U~~/dtrU3^~/
Alicia Hernandez {
Administrative Secretary
447 F Street. MS F-200
Chula Vista, CA 91910
- ~\lh,
PRIDE
A.T WaR k
'hone (619) 691-5055
r." '61'l1691-';057
www.chulavistaca.gov
12-38
1'.....I.H'..""...~".I.~I;>'I'oOf
Attachment B
SUSTAINING EXCELLENCE: The Case for Ambulance Rate
Increases - 2007
Background and Context of Ambulance Rates
AMR and its predecessor companies have been providing service continuously to this
area since 1980. In 2002 a contract defining our service terms and responsibilities was
implemented through a process involving the City of Chula Vista, the City of Imperial Beach and
the Bonita/Sunnyside Fire Protection District. This resulted in the creation of a service area
known as the Southbay Exclusive Operating Area (EOA).
During these negotiations both AMR and our partner cities recognized that EMS was
evolving in the South bay region and as such, fiexibility was paramount in considering system
parameters. As such AMR agreed to charge essentially the lowest base ambulance rates in
Southern California while allowing each jurisdiction the fiexlbility to add services and charges as
they deemed necessary to meet the needs of their unique community. A comparison of existing
ambulance base rates in Southern Califomia is found in the table below:
Rate TVDe Hiah Low Averaae Southbav
ALS Emergency $1,250.60 $551.25 (next $963.96 $512.66
lowest to
Southbav)
BLS Emeraencv $1,250.60 $422.00 $650.79 $447.62
AMR has not requested or implemented a rate increase in the Southbay EOA since June
of 2004. This has occurred in an environment of rapidly escalating fuel, insurance, labor, medical
supply and pharmaceutical costs. Additionally, there have been several innovations to EMS
delivery that have been implemented by AMR and our partners to enhance service levels and
encourage paramedic levels of service in our communities.
Contractual Rate Approvals
As part of this contract amendment, AMR is seeking an ALS Emergency adjustment.
This adjustment would bring the ALS Emergency Base Rate to $650.00. This rate is still in the
lower 30% of rates found in Southern California and remains substantially below the Average
Base Rate experienced in San Diego County.
The magnitude of the needed rate increase occurs because AMR has forgone its
contractually allowable rate increases for the past 3 years in order to allow the City and other
Agencies to conduct studies to help define the future vision of EMS in the South bay region. In
order to mitigate the scope of the first year increases, AMR in conjunction with staff have
developed a proposal that would provide a lower rate increase this year with 7% rate increases
through 2011. This will provide the revenue needed to provide a safe, efficient and sustainable
EMS system in Chula Vista and the South bay. This proposal would bring the initial base rate up
to $650 and would limit additional rate increases to 7%/year over 3 years (2008 - 2011). This
would bring the base rate to $796.28 or a fully compounded rate increase of 22.5% over these 4-
12-39
years. This would guarantee Chula Vista ambulance rates in 2011 substantially equal to the
average statewide ambulance rates available today.
This rate increase still does not provide adequate revenues consistent with the high
levels of service provided to the City of Chula Vista and South bay Communities. This inadequacy
stems from the following principle issues:
. Extraordinary costs enhanced by the fact that ambulance billing does not allow
for collection of 100% of the billed amount. Therefore, a 5% rate increase results
in only about 1.5% net In new revenue.
. AMR has invested resources in advance of the increase in transports necessary
to fund those additional resources. This has resulted in consistentiy high service
levels, but at a substantial financial penalty.
Impact of Insurance payments on ability to collect revenue
Part of the reason an additional rate increase is necessary is related to a reality of
healthcare finance called "marginal collection rate." Unfortunately, less than 30-cents of every
additional dollar billed will ultimately be collected within the South bay system
The reason for this is related to the realities of Medicare and the health insurance
industry. Revenue of any health care system is divided into various methods of payment.
Typically these categories include the following titles:
1. Medicare
2. Medicaid (MediCal)
3. Third Party Payers (Insurance Companies)
4. Private Pay
Each of these payers has a given "elasticity" of rate increases that they will recognize.
Medicare and Medicaid, for example, each set a given rate that they will pay for a service and will
not pay above that amount regardless of the amount charged. If 20% of the payer mix is paid by
Medicare, then any rate increase above the Medicare "profile" amount will go uncollected. The
same is true for Medicaid (Medical), except that the allowable rates for Medicaid are even lower
(in most instances) than Medicare.
Thus as can be seen by the figure below, the ability to recognize net revenue for each
dollar of rate increase becomes more and more difficult and the patient charge increases.
Therefore, it can be seen that many rate increases may seem large, but the actual ability of the
health care provider to see any net revenue can be as low as 5% on each additional dollar added
to a charge. This phenomenon partly explains the shocking reality of a $9.00 aspirin pill on many
itemized hospital charges.
12-40
Impact on Individual Payer
Rate Elasticity
$1.00
$0.90
: $0.80
..
e $0.70
..
.5 $0.60
~ $0.50
c:
.. $0.40
~ $0.30
~
.l! $0.20
$0.10
$0.00
$0
Increase Collected
Bill Amount
$1,000
One the unique aspects of healthcare economics in the United States is that it is the only
service that comes to mind where the consumer of the product in not the purchaser. This leads
to a variety of consequences, mostly negative, but it is the system that health care finance in the
United States has evolved to. Likewise, rate increases - although some may appear grand, have
a minimal effect on the actual consumer.
By way of example, the table that follows summarizes the hypothetical direct impact on a
variety of consumers of an increase in ambulance service fees.
Payer Type Old New New Consumer Rationale and Discussion
Rate Rate Revenue Impact
Medicare $512.66 $650.00 $0.00 $0.00 Consumer is obligated to
pay (or have supplemental
insurance pay) 20% of
Medicare Allowable Amount
Medicare Allowable is not
dependent upon rates
charaed.
Medicaid (Medical) $512.66 $650.00 $0.00 $0.00 Consumer is not obligated to
make co-payments.
Medicaid rate does not
change - not dependent
upon patient charaes.
Third Party $512.66 $650.00 $190.68 $38.64 Consumer cost is usually the
Indemnity delta in 20% co-pay of rates.
Insurance Most companies will
recognize increased rates if
they are generally consistent
with usual and customary
rates found in the
12-41
oeooraphic area.
Private Pay $512.66 $650.00 $0 - Varies As noted above, private pay
$189.68 within is a broad 'category.
Range However, the largest
percentage of cash
generated from this category
Is already reflected in the co-
pay categories above. The
remainder are either un-
Insured or self-insured/MSA
patients. The direct impact
on this population is
dependent upon where they
are in relation to deductible
cycles and the construction
of their unique plans.
While admitedly simplistic in detail, the table above illustrates that a theoretical increase
of $138.00 in a base ambulance rate will impact approximately 39.9% of the systems users by
increasing out-of-pocket expense by $38.64 per ambulance transport. The other 60% of the
population wili have vitrually no direct monetary impact.
It is important to note that our expansive history, and the history of local governments in
the South bay region, has continually proven that rate increases in ambulance services are bome
mostly by health insurance coverage. The majority of the citizenry is not directly affected by rate
increases and consistent with good policy practice, in ambulance services the users of the
service are the only ones impacted by the rates. Public concern and/or reactions to ambulance
rate increases are usually either minimal or non-existent.
The Further Impacts of Inflation
The Medical and Transportation components of the Consumer Price Index (CPI) are reflected in
the table below:
Year Medical TransDortation
2004 4.4% 3.5%
2005 4.2% 6.6%
2006 4.0% 4.0%
The combined CPI impact on costs averages 4.5% over the past 3-years. However,
when the above discussion on collection rates is considered, the ability to meet the impact of
inflation, let alone any system investments, is non-existent.
Consider the table that follows:
Rate and Marginal Net
Proposed % Rate Collection Collectable Net % Medical Realized
Adjustment Adiustment Rate Revenue Increase CPI Effect
2004 $ 512.00
2005 5.0% $ 25.63 30% $ 7.69 1.5% 4.4% -2.9%
2006 5.0% $ 26.91 28% $ 7.54 1.4% 4.2% -2.8%
12-42
-
--.-.-------
5.0% $
$
26.98
79.53
$ 7.55
$ 22.78
The table above reflects a rate increase granted on the assumption of a 5% annual rate
increase extending back to 2005 would result in an ALS base rate of $592.19.
However, because of the issues described above, AMR would only see a net increase
of $22.78/call. When the impact of inflation is considered, the end result of a 5% net
increase results net losses of over 1.5% every single year.
Another way of looking at the economic realities of the system would be to determine the
actual amount of cash that would actually be generated by the rates proposed by AMR. The
table below summarizes this:
Current Requested Rate Net Cash
Rate Rate Increase Received
$ 512.00 $ 650.00 $ 138.00 $ 38.64
The rate increase proposed by AMR will result in only $38.64 net cash actually received.
This represents an actual rate increase of only 7.42% over the three-year period in which no
rate increases were obtained.
Increases in ambulance resources prior to the transports generating revenue to support
an increased level of service.
Another primary cause of needed rate increases occurs because ambulance and system
resources needed to maintain or enhance service levels are needed prior to the ability of the
system to develop the actual transports which generate the revenue necessary for those
resources. In other words, the demand for resources increases more rapidly than the transports
necessary to pay for them.
It is often thought that ambulance rate increases are not necessary for reasons of system
growtih. The thought is, that a growing system generates additional transports which generate
more revenue. Unfortunately, growing systems require ambulances and other resources in
advance of the generation of additional transports.
The practical reality is that the need for the number of staffed and equipped
ambulances has escalated 37.4% over the past three years while the number of transports
available to pay for this level of service has increased only 28.5% over the same period.
The changes in the South bay EOA are summarized by the following data:
System Resource Change since
2004
Ambulance Service i 37.4%
Hours
Svstem Ambulances t 40.0%
Number of Transports t 28.5%
Ambulance Service i 6.94%
HourslTransport
12-43
This indicates that AMR has managed the system in a way that the total number of
hours that ambulances are staffed and equipped to respond has increased 7% over the
growth in the total number of transports available to generate the revenues necessary to
support those resources and thus, the community's service levels.
SUMMARY AND STA TEMENT OF FACT
AMR has submitted a request for a base rate adjustment to $650.00.
The $650.00 rate proposed is still below the average ALS Base Rates found in the current
market and is, in fact, in the lower 35% of rates in the County.
From the $138.00 rate increase proposed - AMR will net only $38.64. This represents a real rate
increase of only 7.4% over the entire previous 3-year period.
AMRs expenses are extra-ordinary in that Medical and Transportation CPI rates have averaged
4.2% and 4.7% respectively over the past 3-years while consumer CPI has averaged 2.6%. AMR
is particularly susceptible to increases in fuel which has brought the annualized transportation
inflation factor to close to 8% during several of the past 12 quarters.
Ambulances have been added to the system that have increased the total ambulance availability
40%, while the transports available to fund these additional resources have only increased
28.5%.
12-44
SUMMARY OF EXTRAORDINARY CONDITIONS JUSTIFYING
RATE INCREASES
CONDITION/EXPENSE JUSTIFICATION
Extraordinary Inflation Impact . Medical CPI Component averages
4.2%/year
. Transportation CPI Component
averages 4. 7%/year
. Standard consumer CPI increases
have averaged 2.4% over the same
period.
Impact of Collection Rates . 5% Rate increase results in only 1.5%
cash actually received.
. With inflation impact considered, AMR
has been losing 2.5%/year over the
past 3-years.
. Requested Rate increase
(approximately $138) results in only
$38.64 in cash received through
billings.
. Rate increases are primarily borne by
health insurance. Rate sensitivity to
citizens in minimal and rarely, if ever,
results in complaints or concerns.
Rate increases requested still leave rates well . Requested base rate is $248 less than
below average ambulance rates found current average of ambulance ALS
elsewhere. base rates.
Ambulance resources placed in service prior to . Number of ambulances have increased
new transports available to generate needed 40% over term of contract.
revenue.
. Number of transports needed to
generate revenues for new units has
increased only 28.5%
17-41';
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REVISED AND RESTATED
AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT
SERVICE WITH LAIDLAW MEDICAL TRANSPORTATION
INC., DBA AMERICAN MEDICAL RESPONSE, AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
WHEREAS, the City has had on ongoing relationship with Laidlaw Medical Transport
Inc., dba American Medical Response (AMR) and formerly known as Hartson Medical Services
since 1989 to provide basic and advanced life support ambulance services; and,
WHEREAS, an agreement entered into with AMR on November I, 1998 granted AMR
the authority to provide basic and advanced life support ambulance services to the Exclusive
Operating Area (EOA) that was adopted by the County of San Diego. This EOA consists of the
City of Chula Vista, Bonita/Sunnyside Fire Protection District, and the City of Imperial Beach;
and,
WHEREAS, this agreement was amended and was re-titled the Amended and Restated
Agreement and approved by Council on May 14,2002; and,
WHEREAS, the Amended and Restated Agreement commenced on June 1,2002 and was
in effect for the three-year period ending May 31, 2005; and,
WHEREAS, the Amended and Restated Agreement clarified and reinforced key
stipulations ensuring AMR's performance and service delivery throughout the EOA and thus
benefiting the members of the EOA; and,
WHEREAS, pursuant to Section 17 of the Amended and Restated Agreement, the City
has the option to extend the Amended and Restated Agreement for two additional three-year
periods at the City's option; and,
WHEREAS, the City wishes to exercise the option to extend the contractual relationship
with AMR on the terms and conditions set forth in a Revised and Restated Agreement; and,
WHEREAS, the authorized Primary Rate Components that AMR is permitted to charge
for services rendered in the EOA are stipulated; and,
WHEREAS, pursuant to Section 5 of the Revised and Restated Agreement, AMR
reserves the right to submit a request for increases to the Primary Rate Components; and,
WHEREAS, pursuant to Section 5 of the Revised and Restated Agreement, AMR is
requesting increases to the Primary Rate Components to be charged in the EOA as follows:
J:\Attomlly\RESO\FlRE\AMR Contract Extl105ion _12-11-07.doc
12-46
Resolution No. 2007-
Page 2
CHARGE BONITA CHULA VISTA IMPERIAL BEACH
ALS Emergency $650.00 $650.00 $1,060.69
Base Rate
BLS Base Rate $497.30 $497.30 $497.30
Mileage
Rate/mile or $20.02 $20.02 $20.02
!portion
Oxygen Charge $72.35 $72.35 $72.35
Night Charge $71.66 $71.66 $71.66
Treatment Only $150.00 $150.00 $150.00
WHEREAS, pursuant to Section 5 of the Revised and Restated Agreement, the City
Council has sole discretion to approve or disapprove increases to the Primary Rate Components;
and,
WHEREAS, if approved, the revised Primary Rate Components are set forth at Exhibit D
in the Revised and Restated Agreement and are incorporated therein; and,
WHEREAS, pursuant to Municipal Code 2.56.070, the City Council may waive any
competitive bidding requirements where there is a commodity or service available from only one
known source as the result of unique performance capabilities, compatibility requirements or
market conditions, or the competitive bidding requirements as applied to the contract are
impractical, impossible, or the city interests would be materially better served by applying a
different purchasing process; and,
WHEREAS, AMR has demonstrated through its past performance the ability to fulfill
previous contract requirements, provide competitive pricing for its services, sustain its
interoperability with the Chula Vista Fire Department and deliver longstanding quality services
to the community; and,
WHEREAS, the City's interests would be materially better served by continuing its long-
term contractual relationship with AMR because of its performance capabilities, compatibility
requirements, and market conditions, including cost and existing service relationship with all
members of the EOA; and
WHEREAS, it is the intent and desire of the City Council to waive any competition
bidding requirements and enter into the Revised and Restated Agreement with AMR for the
reasons set forth herein.
J:\Attomey\RESO\FIRBAMR Contract EXlellsioo_12-11-07.dOl:
12-47
Resolution No. 2007-
Page 3
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City ofChula
Vista waives any competitive bidding requirements and exercises its option to extend its
contractual relationship with AMR for the provision of basic and advanced life support
ambulance services.
BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista does
hereby approve the Revised and Restated Agreement with AMR to be effective December II,
2007 through May 31, 2011, with options to extend for two additional three-year periods
thereafter.
BE IT FURTHER RESOLVED THAT the City Council of the City ofChula Vista does
hereby approve the increases to the Primary Rate Components effective December 11,2007, as
set forth in Exhibit "D" of the Revised and Restated Agreement.
BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista does
hereby authorize the Mayor to execute the Revised and Restated Agreement.
Presented by:
Approved as to form by:
Douglas A. Perry
Fire Chief
C)..WI Mdlid0- ffi1
. Moore (. .
City Attorney .
J:\Attomcy\RESO\FlRE\AMR Contracl Extcnsion_l2.t 1-07 .doc
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