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HomeMy WebLinkAbout2008/02/05 Agenda Packet I dla..... PIIlIItY of PIM tIlIll. . T ~ 11. J ,I..,.. QIy of CIluII VIllI.... ~ tI.. car CIIrIc and tMt '........... r I I I .1.. lie bullllln IIoInI lUa . ~~ ~ .......,. . . U.IllI.~ ~_ :!'ED ':1- +-07 SIGNED ~ ~ ~~ - - -.,.". CllY OF CHUlA VISfA Cheryl Cox, Mayor Rudy Ramirez, Councilmember David R. Garcia, City Manager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Councilmember Donna Norris, Interim City Clerk Steve Castaneda, Councilmember February 5, 2008 4:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY INTERIM LIBRARY DIRECTOR LEAH BROWDER OF EMPLOYEE OF THE MONTH, CHARITY ANDERSON, CHILDREN'S LIBRARIAN CONSENT CALENDAR (Items 1 through 13) 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. APPROVAL OF MINUTES of the Regular Meeting of January 8, 2008, the Adjourned Regular Meeting of January 12,2008, and the Regular Meeting of January 15,2008. Staffrecommendation: Council approve the minutes. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS The Meyers-Milias-Brown Act (MMBA) as contained in California Government Code Sections 3500-3511 provides for the orderly administration of employer-employee relations. It states that a public agency may adopt reasonable rules and regulations for recognizing employee organizations and for meeting and conferring with those organizations regarding wages, hours, and other terms and conditions of employment. (City Attorney) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTIONAL SERVICES AND VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE, WAIVING COUNCIL POLICY #230-01 TO ALLOW FOR FUNDING IN AN AMOUNT LESS THAN STATED IN SAID POLICY Adoption of the resolution approves a contract between the City and the Chamber for a period of six months with an option to extend the contract for an additional one-year period, for the provision of Chula Vista Convention and Visitors Bureau Promotion Services, and Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office. It also waives City Council Policy #230-01 to allow for funding in an amount less than stated in said Policy (Economic Development Officer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND A WARDING A CONTRACT FOR THE "ROHR PARK BREAK ROOM (PR 274) CIP PROJECT" TO FAMANIA CONSTRUCTION INC. IN THE AMOUNT OF $34,073 Per section 1009 of the City's Charter, the Director of Engineering and General Services, in an effort to secure competitive prices from interested contractors, invited ten contractors to submit informal bids for the construction of improvements to the Rohr Park Break Room. The scope of work included the rehabilitation of the park employee break room, modernizing the two bathrooms, kitchen area, flooring and lighting. Three bids were received and adoption of the resolution accepts and awards a contract to Famania Construction Inc. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "SIDEWALK IMPROVEMENTS NORTH SIDE OF ORANGE AVENUE BETWEEN THIRD AVENUE AND CONNOLEY AVENUE, SOUTH SIDE OF L STREET BETWEEN HILLTOP DRIVE AND COUNTRY CLUB DRIVE IN THE CITY OF CHULA VISTA (CIP NO. STL-318)" PROJECT TO FOX CONSTRUCTION IN THE AMOUNT OF $76,307.60 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES IN THE PROJECT Page 2 - Council Agenda htto:/ /www.chulavistaca.gov February 5, 2008 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING INTERPROJECT TRANSFERS FROM EXISTING CAPITAL IMPROVEMENT PROJECT "ADA PEDESTRIAN RAMPS (STL-334)" TO STL-318 AS NECESSARY TO COMPLETE THE PROJECT (4/5THS VOTE REQUIRED) On January 16, 2008, the Director of Engineering and General Services received 12 sealed bids for this project. The work consists of the installation of sidewalk improvements at two locations, a retaining wall, traffic control, and other miscellaneous work, including all labor, material, equipment, and transportation necessary for the project. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "SUNSET VIEW PARK ROLLER HOCKEY ARENA (PR303)" FOR ADDITIONAL SAFETY NETTING AND APPROPRIATING FUNDS THEREFORE (4/5THS VOTE REQUIRED) In March 2005, the City ofChula Vista dedicated and opened for public use, Sunset View Park, a 10-acre turnkey neighborhood park constructed by the Eastlake Company in partial satisfaction of the parkland obligation for the Eastlake Greens subdivision. Sunset View Park contains the City's only outdoor roller hockey arena. At the request of Risk Management and the Office of the City Attorney, a review of the roller hockey arena was undertaken, and it was determined that the installation of additional netting around the arena would enhance the overall safety of the facility. Adoption of the resolution establishes a new Capital Improvement Project and appropriates $50,000 from the available Park Acquisition and Development fee balance for staff and consultants to prepare a set of construction documents for bidding purposes. The estimated total cost of the project is $150,000. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FISCAL YEAR 2007 STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) FUNDS IN THE AMOUNT OF $104,277 AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND SHSGP PROGRAM (4/5THS VOTE REQUIRED) The County of San Diego Office of Emergency Services, who administers the State Homeland Security Grant Program (SHSGP) has notified the Fire Department of the Fiscal year 2007 SHSGP award in the amount of $104,277. These funds will be utilized by the Fire and Police Departments to purchase communications, computer, rescue, and protective and breathing apparatus equipment, and to fund homeland security related training activities. (Interim Fire Chief) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda http://www.chulavistaca. gOY February 5, 2008 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $82,227 IN REIMBURSEMENTS FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES AND A $5,000 DONATION FROM NORTH ISLAND FEDERAL CREDIT UNION TO OFFSET OVERTIME AND SUPPORT COSTS IN THE FIRE DEPARTMENT (4/5THS VOTE REQUIRED) The Fire Department has received reimbursements in the amount of $82,227 from the State Office of Emergency Services. Reimbursements were made for staff time related to Chula Vista Fire Department strike teams that were sent as part of mutual aid agreements to assist in statewide firefighting efforts during the 2007 fire season. The Fire department has also received a donation in the amount of $5,000 from North Island Federal credit Union in appreciation of Fire Department efforts during the 2007 fire season. The department is requesting to appropriate these funds to offset overtime, supplies, and facility support costs. (Interim Fire Chief) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING THE PRE-TAX PAYROLL DEDUCTION PLAN FOR CALPERS SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) On April 22, 1997, the City Council approved a resolution providing qualified members the option to elect the pre-tax payroll deduction plan for their service credit purchase (i.e., redeposit, service prior to membership, military, etc.). On December 27,2007, CalPERS assigned a new group coverage number for the City's Miscellaneous group with 3% at 60-benefit formula from group number 7000 I to 70002. In order to continue the benefit of pre-tax option to its Miscellaneous employees with coverage group 70002, the City must submit an amended resolution to the California Public Employees' Retirement System. Adoption of the resolution amends the pre-tax payroll deduction, which has no fiscal impact to the City. All service credits are purchased by member employees, and may result in minimal reductions in City liability for Medicare taxes due to the reduced taxable income base afforded by this pre-tax benefit. (Human Resources Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $46,560 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM (4/5THS VOTE REQUIRED) The County of San Diego Office of Emergency Services, who administers the Law Enforcement Terrorism Prevention Program (LETPP) for local agencies, has notified the Police Department of the Fiscal Year 2007 LETPP award in the amount of $46,560. The department is requesting to appropriate these funds for overtime costs and supplies and services. (Police Chief) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda htto:/ /www.chulavistaca.gov February 5, 2008 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE A WARD AND APPROPRlA TING $300,000 IN UNANTICIPATED REVENUES FOR A GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM FOR THE 16TH CYCLE AND AMENDING THE FISCAL YEAR 2008 WASTE MANAGEMENT AND RECYCLING FUND BUDGET (4/5THS VOTE REQUIRED) In June of 2007, staff submitted a grant funding application to the California Integrated Waste Management Board (CIWMB) for Household Hazardous Waste activities, related to expansion of the universal Waste Collection Program, and development of a medical needles/sharps proper disposal system for residential households, on behalf of the South Bay Regional Household Hazardous Waste Partnership (Consisting of Imperial Beach, National City, and Chula Vista as lead agency). The CIWMB has awarded the $300,000 request and given staff the Notice to Proceed with the proposed programs. (Public Works Director) Staff recommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF TIRE ENFORCEMENT GRANT APPLICATIONS IN PARTNERSHIP WITH THE CITY OF SAN DIEGO - SOLID WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORlZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSES OF SECURlNG GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE WORK SPECIFIED IN THE GRANTS THROUGH JUNE 30, 2012 In 1989, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. The California Integrated Waste Management Board (CIWMB) was charged with responsibility for tire pile stabilization and remediation where public health and safety and the environment may be at risk. The City of San Diego is the lead agency for this program in San Diego County and Chula Vista, Imperial Beach and National City are partnering with them on this program. Adoption of the resolution authorizes the submittal of the grant and will support the continuation of enforcement work that was started in 2007. (Public Works Director) Staff recommendation: Council adopt the resolution. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRlATING $81,281 IN UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S USED MOTOR OIL RECYCLING BLOCK GRANT FOR 2007-2008, 13TH CYCLE AND AMENDING THE FISCAL YEAR 2008 WASTE MANAGEMENT AND RECYCLING BUDGET (4/5THS VOTE REQUIRED) Page 5 - Council Agenda htto://www.chulavistaca.gov February 5, 2008 The California Used Oil Enhancements Act (1999) requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates that the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil and oil filter recycling. Chula Vista is the lead agency for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial Beach and National City. (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 discussing or 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. 14. CONSIDERATION OF PROPOSED RESTRUCTURING OF THE SEWER SERVICE RATES It has been determined that the existing rates are inadequate and have not/will not generate the revenues needed to meet the obligations of the fund for wastewater treatment, system operation and maintenance. Therefore, the rates need to be adjusted and in some cases increased as outlined in the report. (Engineering and General Services Director) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INCREASE IN SEWER SERVICE RATES FOR FISCAL YEARS 2007/2008 THROUGH 2009/2010 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE AMOUNT TO BE DEPOSITED INTO THE SEWERAGE FACILITIES REPLACEMENT FUND Page 6 - Council Agenda htto:/ /www.chulavistaca.gov February 5, 2008 15. CONSIDERATION OF THE ADOPTION OF AN ORDINANCE ESTABLISHING A WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE A report has been prepared to analyze potential traffic impacts of proposed new development on the west side of the City's transportation system and to calculate development impact fees based on that analysis. The City's Eastern Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988, which is responsible for the equitable funding of transportation facilities east ofI-80S. A similar program is proposed for Western Chula Vista to be called the Western Transportation Development Impact Fee (WTDIF) Program. (Engineering and General Services Director) Staff recommendation: Council open the public hearing and continue the item to the meeting of February 19,2008 at 6:00 p.m. 16. CONSIDERATION OF AMENDMENT TO THE OTA Y RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN, VILLAGE CORE MASTER PRECISE PLAN (MPP), APPROVAL OF A REVISION TO THE TENTATIVE SUBDIVISION MAP, AND APPROVAL OF PARCEL TO ACCOMMODATE A CONDITIONAL USE PERMIT APPLICATION FOR CONCORDIA LUTHERAN CHURCH AND SCHOOL PROJECT TO BE LOCATED IN THE COMMUNITY PURPOSE FACILITY (CPF) SITE IN OT A Y RANCH VILLAGE II Brookfield, Shea Otay, LP (Brookfield Homes and Shea Homes) have made an application to amend the Village Eleven Sectional Planning Area (SPA) Plan, Village Core Master Precise Plan (MPP), revise the Tentative Subdivision Map, and relocate easements through the recording of a new Parcel Map in order to accommodate a Conditional Use Permit application for Concordia Lutheran Church and School project to be located at the Community Purpose Facility (CPF) site in Otay Ranch Village II. (planning and Building Director) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN AND VILLAGE CORE MASTER PRECISE PLAN - BROOKFIELD SHEA OTA Y PROJECT L.P. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR THE OTA Y RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN - BROOKFIELD SHEA OTA Y PROJECT L.P., CHULA VISTA TRACT 07-02 Page 7 - Council Agenda htto;/ /www.chulavistaca.gov February 5, 2008 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARCEL MAP ADJUSTING THE LOT LINES OF LOT 10 AND LOT "B" OF CHULA VISTA TRACT NO. 01-11, OTA Y RANCH VILLAGE II "A" MAP NO.2, MAP NO. 14780, WHICH ACCEPTS THE EASEMENT FOR PEDESTRIAN ACCESS GRANTED ON SAID PARCEL MAP, AND VACATES EASEMENTS FOR PEDESTRIAN ACCESS GRANTED PER DOCUMENT RECORDED DECEMBER 28, 2005 AS DOCUMENT NO. 2005-1108997 AND GRANTED PER MAP NO. 14780, RECORDED APRIL 30, 2004, BOTH OF OFFICIAL RECORDS 17. CONSIDERATION OF AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT (PCC-07-064), AN APPLICATION BY CONCORDIA LUTHERAN CHURCH TO DEVELOP A CHURCH AND SCHOOL ON THE COMMUNITY PURPOSE FACILITY (CPF) SITE IN OT A Y RANCH WINDINGW ALK VILLAGE II Concordia Lutheran Church proposes a church, pre-school and elementary/middle school on a 5.5-acre Community Purpose Facility (CPF) site in Otay Ranch Village II. If an amendment to the Sectional Planning Area (SPA) Plan and revisions to the Tentative Map are approved, the 5.5-acre CPF site would become the focal point center of the village instead of surrounding the Town Square Park (P-4), and the P-4 park would be relocated to the northeast comer of Discovery Falls Drive and Windingwalk Street. (Planning and Building Director) Staff recommendation: Council conduct the public hearing, and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING THE APPEAL OF CONDITIONAL USE PERMIT (PCC-07-064), REVERSING THE DECISION OF THE PLANNING COMMISSION TO DENY THE CONDITIONAL USE PERMIT (PCC-07-064), AND APPROVING CONDITIONAL USE PERMIT (PCC-07-064) FOR THE DEVELOPMENT OF THE CONCORDIA LUTHERAN CHURCH, PRE-SCHOOL, AND PRIVATE ELEMENTARYIMIDDLE SCHOOL, LOCATED IN OTAY RANCH WINDINGWALK VILLAGE 11, AT THE TERMINUS OF BIRCH ROAD AT DISCOVERY FALLS DRIVE ACTION ITEMS The Item(s) 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. Page 8 - Council Agenda httn:/ /www.chulavistaca.gov February 5, 2008 18. CONSIDERATION OF ADOPTION OF RESOLUTION DIRECTING STAFF TO IMPLEMENT TELEVISING OF CITY COUNCIL MEETINGS Adoption of the resolution will direct staff to proceed with the steps necessary to televise any meetings that are currently being streamed on the Internet, thus expanding the process for live viewing by citizens who do not have computer access. During the budgeting process for Fiscal Year 2007/2008, staff included approximately $2,000 to fund the cost of material, equipment and labor needed for implementation. (Information Technology Services Director) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO PROCEED WITH STEPS NECESSARY TO TELEVISE CITY COUNCIL MEETINGS AND WHATEVER WORK SESSIONS, COMMISSION AND COMMITTEE MEETINGS ARE APPROPRIATE OTHER BUSINESS 19. CITY MANAGER'S REPORTS 20. MAYOR'S REPORTS A. Ratification of the appointment of Susan O'Shaughnessy to the Cultural Arts Commission. B. Ratification of the appointment of Ricardo Balvaneda to the Design Review Committee. C. Ratification of the appointment of Enrique Martinez to the Design Review Committee. 21. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 22. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Cable franchise for the right to operate and provide a cable television system within the City (pertaining to public rights-of-way throughout the City of Chula Vista, thereby creating possessory interests in real property pursuant to California Government Code S53066 and California Revenue and Taxation Code SI07.7). Page 9 - Council Agenda htto:llwww.chulavistaca.2ov February 5, 2008 Agency negotiators: Scott Tulloch and Michael Meacham. Negotiating parties: City of Chula Vista; Ultronics, Inc. (Barbara Altbaum); Nexhorizon Communications (Kevin D. Smiley). Under negotiation: Price and terms of payment for franchise conveyance. 23. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: One case 24. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor No. 644070100 Negotiating Parties: Curt Noland, Jim Sandoval, Ann Moore Under Negotiation: Price and Terms 25. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor No. 6440801000 Negotiating Parties: Rob Cameron, Jim Sandoval, Ann Moore Under Negotiation: Price and Terms ADJOURNMENT to the Adjourned Regular Meeting of February 7, 2008 at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deqf(JDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired Page 10 - Council Agenda httn://www.chulavistaca.gov February 5, 2008 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 8, 2008 6:00 P.M. A regular meeting of the City Council of the City of Chula Vista was called to order at 6:02 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, City Attorney Ann Moore, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Rodney Caudillo - Safety Commission Mayor Cox announced that Mr. Caudillo was unable to attend the Council meeting, and was administered his oath of office by the City Clerk's Office earlier in the week. . INTRODUCTION BY RECREATION DIRECTOR MARTIN, OF EMPLOYEES OF THE MONTH Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to the Recreation staff. CONSENT CALENDAR (Items I through 7) Item 5 was removed from the Consent Calendar for discussion at the request of Councilmember Ramirez. Mayor Cox noted the following Councilmember abstentions for Item 7 due to potential conflicts of interest: Councihnember Ramirez - Item 7B, Councilmember McCann - Item 7C, and Mayor Cox - Item 7E. 1. WRITTEN COMMUNICATIONS Letter of resignation from Christopher Redo, member of the Cultural Arts Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. /IJ~ / DRAFT 2. ORDINANCE NO. 3099, ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE SPEED LIMIT ON BONITA ROAD BETWEEN BONITA GLEN DRIVE AND 1-805 SOUTHBOUND RAMPS AT 35 MPH (SECOND READING AND ADOPTION) Based on provisions of the California Vehicle Code, pursuant to authority under the Chula Vista Municipal Code, and at the direction of the City Engineer, Traffic Engineering staff preformed an Engineering Speed Survey along Bonita Road between Bonita Glen Drive and 1-805 Southbound Rarnps, and determined the speed limit should be set at 35 mph. This ordinance was introduced December 18, 2007. (Engineering and General Services Director) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 3100, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP (SECOND READING AND ADOPTION) The applicant proposes to introduce commercial retail uses within the existing Eastlake Design District in order to complement the existing furniture and home decorating business presently in the district. The additional uses are intended to bring more foot traffic to the district, improving its mercantile posture and potential for success. The applicant also proposes modifications to the property development standards to accommodate up to five story buildings, special parking ratios and medical office uses, including medical clinics. This ordinance was introduced December 18,2007. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 3101, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY 19.18.010 AND APPROVING A ZONE CHANGE REZONING 10-ACRES OF LAND FROM PLANNED COMMUNITY (PC) TO PUBLIC QUASI-PUBLIC (PQ), LOCATED AT THE SOUTHEAST CORNER OF THE DISCOVERY FALLS DRIVE EXTENSION AND HUNTE PARKWAY WITHIN OTAY RANCH UNIVERSITY PLANNING AREA 10 (SECOND READING AND ADOPTION) High Tech High Learning proposes a 550-student high school and a 700-student elementary/middle school, including an environmental learning center on a 10-acre portion of the University Park project site, located at the southeast comer of Hunte Parkway and Discovery Falls Drive. The project requires a rezone of the 10-acre project site from Planned Community (PC) to Public Quasi-Public (PQ) to allow the use in advance of a sectional planning area plan that is to be developed for the proposed University Park site surrounding the project site. This ordinance was introduced December 18,2007. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 5. Item 5 was removed for discussion. Page 2 - Council Minutes / Il ~.2. January 8, 2008 DRAFT 6. RESOLUTION NO. 2008-002, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY AND DOUGLAS R. NEWMAN IN THE AMOUNT OF ONE HUNDRED FIFTY EIGHT THOUSAND DOLLARS ($158,000) TO PROMOTE THE WORK OF THE NATIONAL ENERGY CENTER FOR SUSTAINABLE COMMUNITIES AND THE CHULA VISTA RESEARCH PROJECT AS PART OF THE SAN DIEGO GAS AND ELECTRIC PARTNERSHIP PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The San Diego Gas & Electric (SDG&E) Partnership Grant Program challenges the City to provide energy efficiency services for city, commercial and residential facilities. Through the program, SDG&E has agreed to fund a consultant to promote the results of the work of the National Energy Center for Sustainable Communities and the Chula Vista research Project. (City Manager) Staff recommendation: Council adopt the resolution. 7.A. RESOLUTION NO. 2008-003, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACCEPTANCE OF THE KIDS WALK & BIKE TO SCHOOL - PHASE II COMMUNITY-BASED TRANSPORTATION PLANNING GRANT, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE GRANT, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (TF362), TRANSFERRING EXISTING FUNDS, AND APPROPRIATING GRANT FUNDS FOR ALL PUBLIC ELEMENTARY SCHOOLS WITHIN THE CITY OF CHULA VISTA EXCEPT HILLTOP DRIVE, LAUDERBACH, MONTGOMERY, HALECREST, SALT CREEK, ALLEN SCHOOL, CHULA VISTA HILLS, AND VISTA SQUARE ELEMENTARY SCHOOLS (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2008-004, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACCEPTANCE OF THE KIDS WALK & BIKE TO SCHOOL - PHASE II COMMUNITY-BASED TRANSPORTATION PLANNING GRANT, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE GRANT, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (TF362), TRANSFERRING EXISTING FUNDS, AND APPROPRIATING GRANT FUNDS FOR LAUDERBACH AND MONTGOMERY ELEMENTARY SCHOOLS (4/5THS VOTE REQUIRED) C. RESOLUTION NO. 2008-005, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACCEPTANCE OF THE KIDS WALK & BIKE TO SCHOOL - PHASE II COMMUNITY-BASED TRANSPORTATION PLANNING GRANT, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE GRANT, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (TF362), TRANSFERRING EXISTING FUNDS, AND APPROPRIATING GRANT FUNDS FOR SALT CREEK, ALLEN SCHOOL, AND CHULA VISTA HILLS ELEMENTARY SCHOOLS (4/5THS VOTE REQUIRED) Page 3 - Council Minutes January 8, 2008 /1t~3 DRAFT D. RESOLUTION NO. 2008-006, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACCEPTANCE OF THE KIDS WALK & BIKE TO SCHOOL PHASE II COMMUNITY-BASED TRANSPORTATION PLANNING GRANT, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE GRANT, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (TF362), TRANSFERRING EXISTING FUNDS, AND APPROPRIATING GRANT FUNDS FOR VISTA SQUARE AND HILLTOP DRIVE ELEMENTARY SCHOOLS (4/5THS VOTE REQUIRED) E. RESOLUTION NO. 2008-007, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACCEPTANCE OF THE KIDS WALK & BIKE TO SCHOOL PHASE II COMMUNITY-BASED TRANSPORTATION PLANNING GRANT, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE GRANT, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (TF362), TRANSFERRING EXISTING FUNDS, AND APPROPRIATING GRANT FUNDS FOR HALECREST ELEMENTARY SCHOOL (4/5THS VOTE REQUIRED) In 2006, City staff applied for a Community Based Transportation Planning Grant to fund walking audits around elementary schools within the City. The purpose of the walking audit was to identify needed pedestrian and bicycle improvements within a quarter-mile radius of each school. The State of California has approved the grant and now requires the Council to authorize acceptance of the grant so the community based walking audit effort can begin. (Engineering and General Services Director) Staff recommendation: Council adopt the resolutions. ACTION: Deputy Mayor Rindone moved to approve the balance of the Consent Calendar, headings read, texts waived. Councilmember Castaneda seconded the motion and it carried 5-0, except Item 7B which carried 4-0-1, with Councilmember Ramirez abstaining, Item 7C, which carried 4-0-1, with Councilmember McCann abstaining, and Item 7E, which carried 4-0-1, with Mayor Cox abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. RESOLUTION NO. 2008-001, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPOINTMENT OF INTERIM CITY CLERK AND COMPENSATION FOR THE POSITION On December 11, 2007, the Council appointed Donna Norris as Interim City Clerk, subject to approval of compensation. On December 18, the City Council directed the Human Resources Director to make an offer to Ms. Norris. She accepted the offer on December 19, 2007. Adoption of the resolution approves the compensation package and thereby completes the appointment process for Interim City Clerk. (City Attorney) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes /;J-~f January 8, 2008 DRAFT Councilmember Ramirez stated he felt an inadequate structure existed for oversight of the City Attorney and City Clerk departments, and expressed the need to work on ways to address this. He then suggested the assignment of a sub-committee, to look at possible scenarios and requested Council's feedback on the matter. Mayor Cox stated that the item before Council was specific to the appointment of the Interim City Clerk, and recommended that Councilmember Ramirez address his comments under Council Comments, to allow full Council dialogue. Councilmember Ramirez stated he would be bringing the matter forward on a future agenda. Councilmember Castaneda requested support by the Council to direct Interim City Clerk Norris to provide the Council with a strategic plan on how the City Clerk's Office would be structured moving forward, and the kinds of recommendations and strategies that would be employed under Ms. Norris' leadership to make the department more efficient. He requested a report be brought back within 90-120 days. Deputy Mayor Rindone stated that the Council was in the process of conducting extensive evaluations for the City Manager, City Attorney, and City Clerk, which were ongoing. ACTION: Deputy Mayor Rindone moved to approve staff recommendation and offered Resolution No. 2008-001, heading read, text waived. Councilmember Castaneda seconded the motion, and it carried 5-0. PUBLIC COMMENTS Steve Ligler, representing San Miguel Ranch Homeowners Association expressed frustration with the decision by Council to delay construction of San Miguel Community Park. He requested that the Council utilize the existing Park Acquisition Development fees to build the park now, as opposed to waiting until construction costs escalate. He encouraged Council to meet with the General Services Department to solicit its solutions to the problem, and to place the matter on a future agenda for discussion. Alberto Brewer stated he would make his comments at a future meeting. Eric Christen, spokesperson for the Build the Bayfront Coalition, and Executive Director of the Coalition for Fair Employment and Construction, spoke about the prevalence of discrimination against the construction workforce that chooses to work in a union-free enviromnent. He submitted to the Council a proposed Open Competition and Anti-Discrimination Ordinance for study by the City Attorney and City Manager, to determine a timeline, and bring the matter back for action by the Council. Additionally, he stated that a petition would be circulated in the community, and asked the Councilmembers for their signatures in support of the ordinance. He added that a poll taken from the community reflected that the majority of voters agreed that publicly funded construction projects should permit union and non-union workers to work, and that the City should only fund construction projects which allow both union and non-union workers to participate. Page 5 - Council Minutes jA ~ 5' January 8, 2008 DRAFT The following members of the public spoke in support of the proposed Open Competition and Anti-Discrimination Ordinance: Terry Broyles, Rancho Santa Fe resident, representing Pacific Rim Mechanical Charles Hill, Poway resident, representing Lakeview Building Systems Michael Marvin, San Diego resident Ruben Guerrero, San Diego resident David Silva, Chula Vista resident Joel Esquivel, Chula Vista resident Eddie Arrizu, Chula Vista resident, representing Brady Co. Patrick Joseph Dean Newman, San Diego resident, representing ABC, ISP, Inc. Christopher Tagg, San Diego resident, representing ABC, ISP Lori Kneebone, Chula Vista resident Stephen Friar, representing HPCC George W. Hawkins, La Mesa resident, representing Associated Builders and Contractors of San Diego Frank McPhillips, a Chula Vista resident, expressed frustration about countless requests by the residents of Queen Ann Drive requesting the City to repave their street, which was full of potholes and horrendous patchwork. He stated that he had received letters from the City acknowledging disrepair of the street, but no action was taken. He stated that the street was last repaired 35 years ago, and he asked the Council what could be done to fix the problem. Mayor Cox referred the matter to General Services Director Griffin. PUBLIC HEARINGS 8. CONSIDERATION OF A REQUEST FROM CONCORDIA LUTHERAN CHURCH, FOR A REZONE, PRECISE PLAN, AND TENTATIVE SUBDIVISION MAP TO DEVELOP 24 SINGLE-FAMILY LOTS ON A 3.9-ACRE SITE PRESENTLY OCCUPIED BY THE CONCORDIA LUTHERAN CHURCH AT 267 EAST OXFORD STREET IN SOUTHWESTERN CHULA VISTA Concordia Lutheran Church, is requesting a Rezone, Precise Plan and Tentative Subdivision Map to develop 24 single-family lots on a 3.9-acre site presently occupied by the church, at 267 East Oxford Street in southwestern Chula Vista. (Planning and Building Director) Planning and Building Director Sandoval introduced the item, and Project Planner Zumwalt presented the proposed Oxford Street, Concordia Lutheran Church project. Mayor Cox opened the public hearing. Allen Williams, Chula Vista resident, spoke in opposition to the project, stating that as a result of the location of his residence to the church, he was experiencing loud radio noises from passing vehicles, and motorbike exhaust noise. He believed that a four-way stop would be imminent with the proposed project, and feared it would increase the noise he was currently experiencing, and requested that the City guarantee that a four-way stop would not be placed in the area. Page 6 - Council Minutes January 8, 2008 /,1- (p DRAFT There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. At this time a member ofthe public requested to speak. With the consensus of the City Council, Mayor Cox re-opened the public hearing. Sally Valdivia, Chula Vista resident stated that her residence was located below the proposed project, and expressed concern about the effects of drainage run-off from the proposed project down the hill and into her swimming pool. Pastor Richard Schmidt, applicant, spoke in support of the proposed project. With no further members of the public who wished to speak, Mayor Cox closed the public hearing. Mayor Cox requested that staff address the concerns by Mr. Williams. Principal Civil Engineer Evetovich stated that the installation of a four-way stop was highly unlikely since one was currently located less than 200 feet from the proposed project site, however, he could not guarantee that the stop would never occur at the site. With reference to concerns about drainage runoff, staff member Evetovich explained that all landscape runoff would be diverted to flow into the street and treated before it enters the storm drain system. Deputy Mayor Rindone directed staffto name the street Monterey Avenue or Monterey Way, the street name should not change, and at the very least, it should not be a "Street." ACTION: B. C. Mayor Cox moved to adopt Resolution Nos. 2008-008, and 2008-009, and to place the Ordinance on first reading, headings read, texts waived. A. RESOLUTION NO. 2008-008, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION (MND) (lS-07-031) FOR THE OXFORD STREET PROJECT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO REZONE ONE 3.9 ACRE PARCEL LOCATED AT 267 OXFORD STREET FROM R-l (RESIDENTIAL SINGLE FAMILY) TO R-I-5-P (SINGLE-FAMILY RESIDENTIAL, PRECISE PLAN), AND ADOPTING PRECISE PLAN STANDARDS (FIRST READING) RESOLUTION NO. 2008-009, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING A PRECISE PLAN AND A TENTATIVE MAP SUBJECT TO THE CONDITIONS CONTAINED HEREIN FOR THE OXFORD STREET PROJECT, TO DIVIDE 3.9 ACRES LOCATED AT 267 OXFORD STREET INTO 24 SINGLE-FAMILY RESIDENTIAL LOTS Deputy Mayor Rindone seconded the motion, and it carried 5-0. Page 7 - Council Minutes /1)- 7 January 8, 2008 DRAFT ACTION ITEMS 9. CONSIDERATION OF AMENDMENT TO CIVIC CENTER DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INC The Council approved a master plan for the renovation of the Civic Center in July of 2001. A design build agreement was approved on February 18, 2003 with Highland Partnership, Inc., and on August 3, 2004, the Council approved the guaranteed maximum price of the project. (Engineering and General Services Director, Finance Director) Deputy Mayor Rindone stated he would be abstaining from voting on Item 9, due to the proximity of his residence to the project. He then left the dais. General Services Director Griffin presented the staff report, which included an extensive list of repercussions that would result if the City did not move forward with the renovations. Mayor Cox added to the list of repercussions, the effects on the City of an incomplete construction project by the City's bond rating agencies, and urged the Council to move forward with approval ofthe proposed amendments. Councihnember Castaneda questioned staff on the $622,000 expenditure by the City in 1989, for asbestos removal in the subject building. Director Griffin responded that staff would need to study the original plans to identify the areas where the remodel occurred and whether or not the asbestos was removed. Councilmember McCann asked staff what savings the City would incur by moving current staff at the Eastlake facility back to City Hall. Director Griffin replied that upon expiration of the lease, the City would realize $129,000 in savings per year to the General Fund. Councilmember McCann inquired, and staff confirmed, that any delay in moving forward with the project would have significant financial impacts on the City. He added that the City's computer infrastructure was located in the old police facility, and was responsible for the entire operations ofthe City. Councihnember Ramirez stated that the responsible thing to do was to move forward with the project, place furnishings for the building as secondary, and to make do with current resources until revenues became available. Mr. Howard, representing Allegis Development, stated he believed that much of the cost for the 1989 asbestos removal contract was predicated on a minor remodel, using encapsulation, leaving the asbestos in place but ensuring that it was not friable. However, through the existing remodel project, all encapsulated asbestos was being removed down to the basic structural skeleton of the project. Councihnember Castaneda directed staff to meet with him to further study the past contract for asbestos abatement. ACTION: Mayor Cox moved to adopt Resolution No. 2008-010, heading read, text waived. Page 8 - Council Minutes /1'1- f January 8, 2008 DRAFT A. RESOLUTION NO. 2008-0lD, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO CIVIC CENTER DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR THE CIVIC CENTER RENOVATION PROJECT TO INCREASE THE GUARANTEED MAXIMUM PRICE FOR PHASE 3 OF THE PROJECT BY $1,699,515 AND AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDMENT Councilmember Castaneda seconded the motion, and it carried 4-0-1, with Deputy Mayor Rindone abstaining, due to the proximity of his property to the project. Deputy Mayor Rindone returned to the dais at 8: 12 p.m. OTHER BUSINESS lD. CITY MANAGER'S REPORTS There were none. 11. MAYOR'S REPORTS Ratification of the appointment of James Clark to the International Friendship Commission. ACTION: Mayor Cox moved to ratify the appointment of James Clark to the International Friendship Commission. Counciimember McCann seconded the motion and it carried 5-0. Mayor Cox reported that Congressman Filner had worked with Congress to authorize additional funds for improving the "Safe Walk to School" program, and was hopeful to see the item pass through Congress. Additionally, Mayor Cox stated she would be providing the Council with copies of the Governor's State of the State address document. 12. COUNCIL COMMENTS Councilmember Ramirez spoke regarding Consent Calendar Item 5, stating that it was fundamentally important for the Council to conduct better oversight and evaluation of the City Manager, City Attorney, and City Clerk positions. He was hopeful to seek a framework to track the progress of work in these departments. City Manager Garcia responded that with the exception of the City Attorney and City Clerk offices, the City Charter mandated the City Manager's responsibilities for administration of City departments, and should that be a problem, he suggested a meeting to discuss the matter. Mayor Cox suggested that the Council continue to work with the three direct reports during their evaluation period to ensure that objectives were understood by the Council and the City Manager, City Attorney and City Clerk, with follow up in that vane if the objectives were unclear or inaccurate, and to address the matter with the individual employee. Page 9 - Council Minutes /4 - 7' January 8, 2008 DRAFT Councilmember Ramirez stated that at his regular office hour meeting of January 7,2008, he and Councilmember Castaneda engaged in discussions with members of the community about their concerns regarding the delay with construction of parks in eastern Chula Vista. He informed City Manager Garcia that they would be looking at options to seek ways to complete the projects on time, with open public dialogue by the City Council. Councilmember Castaneda spoke regarding Councilmember Ramirez's community meeting, stating that there was a complaint that the vacant lot planned for a park was overrun with debris. City Manager Garcia stated that the area would be cleaned up. With respect to oversight by the City Council of the City Manager, City Attorney, and City Clerk, Councilmember Castaneda directed Interim City Clerk Norris to develop a strategic plan for the Office of the City Clerk, with ample time to do so, based upon the elements of the department, in order for the City Council to measure the department's effectiveness. Councilmember McCann clarified that his absence from Councilmember Ramirez' community meeting, together with Councilmember Castaneda, was predicated on adhering to the rules of the Brown Act. Councilmember McCann spoke regarding park funding, stating that staff was coming up with good ideas on how to potentially fund the park, although it would mean making difficult decisions on cuts in other areas of the budget. He then wished everyone a Happy New Year. Deputy Mayor Rindone wished everyone a Happy New Year, and then spoke in support of the Council's proactive approach towards the evaluation of the City Manager, City Attorney and City Clerk, to ensure efficient interaction of these departments with all other City departments, stating that it would be appropriate to place the matter on a future agenda for discussion. Deputy Mayor Rindone then spoke regarding the recent community meeting held by Councilmember Ramirez on park issues, stating that it served no purpose to conduct special meetings on projects, but rather, to conduct collective, open Council discussions on the distribution of resources as they became available, and as soon as the evaluations of the effectiveness of the Fiscal Year 2007/2008 and Fiscal Year 2008/2009 budget cuts, and potential impacts from the State were complete, that the Council look at options collectively. CLOSED SESSION Closed Session was cancelled and the following item was not discussed: 13. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One case Page 10 - Council Minutes January 8, 2008 //J -/0 DRAFT ADJOURNMENT Mayor Cox requested that the Council Meeting be adjourned in sympathy for Chris and Jean Lewis who lost their son last Thursday. At 8:43 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on January 12, 2008 at 9:00 a.m. in the parking lot in front of the Council Chambers, and thence to the Regular Meeting of January 15, 2008 at 6:00 p.m. in the Council Chambers. ------- ---------- Lorraine Bennett, CMC, Deputy City Clerk Page II - Council Minutes /,1,/1 January 8, 2008 DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 12,2008 9:00 A.M. An adjourned regular meeting of the City Council of the City of Chula Vista was called to order at 9:00 a.m. in the parking lot outside of the Council Chambers at City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: Castaneda ALSO PRESENT: City Manager Garcia, City Attorney Ann Moore, Assistant City Manager Tulloch, General Services Director Griffin, Planning and Building Director Sandoval, Public Works Operations Director Byers, Director of Conservation and Environmental Services Meacham, Chief of Staff Forster, Assistant Director of Redevelopment and Housing Crockett, Director of Communications Pursell, and Senior Deputy City Clerk Peoples WORKSHOP I. A tour was conducted of existing and potential future development and Capital Improvement Projects throughout the City as follows: A. H StreetlI-5 . Grade Separation Jack Griffin B. Bayfront . Gaylord Site . Transmission Lines . South Bay Power Plant . Salt Works Eric Crockett Scott Tulloch and Michael Meacham Scott Tulloch and Michael Meacham Jim Sandoval C. Southwestern Chula Vista . Incompatible Uses Along Broadway Jim Sandoval . Harborside Traffic Calming Jack Griffin . Castle Park Sidewalks Before and After Jack Griffin D. Main Street . Otay Recreation Center/Otay Park . MCC Peaker Plant . Greenbelt/OVRP Jack Griffin Michael Meacham Jim Sandoval //.3 - / DRAFT WORKSHOP (continued) E. Otay Ranch Loop . Calvary Church . Cottonwood Park Jim Sandoval Jim Sandoval F. Eastern ChuIa Vista . EUC Site . University and Stadium Site . High Tech High . Energy Substation Location . Bonita Long Canyon Jim Sandoval Jim Sandoval Jim Sandoval Jim Sandoval Dave Byers/Jack Griffin G. Infill Projects . Harold West - Davidson Eric Crockett No action was taken by the City Council. PUBLIC COMMENTS There were none. ADJOURNMENT At II :50 a.m., Mayor Cox adjourned the meeting to a Regular Meeting on January 15, 2008 at 6:00 p.m., in the Council Chambers. ~~,~f~(YCi~Clm Page 2 - Council Minutes January 12,2008 //.3 - .2-- DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 15,2008 6:00 P.M. A regular meeting of the City Council of the City ofChula Vista was called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia, City Attorney Ann Moore, Interim City Clerk Norris, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE . OATHS OF OFFICE James Clark to the International Friendship Commission Interim City Clerk Norris administered the oath of office to Mr. Clark, and Deputy Mayor Rindone presented him with a certificate of appointment. Mr. Clark provided the Council and citizens with a brief background on his job as the Director of the Mexico Business Center of the San Diego Regional Chamber of Commerce. He then invited the Mayor and Council to attend the United States-Mexico Border Efficiency Conference--California/Baja California Region. 9:00a.m. -5:00 p.m., Joan B. Kroc Center for Peace & Justice, University of San Diego. . INTRODUCTION BY POLICE CHIEF EMERSON OF POLICE RECRUITS DANIEL MISHLER AND XAVIER CASTRO Police Chief Emerson introduced new police recruits Mishler and Castro. . PRESENTATION BY MARK WATTON, GENERAL MANAGER OF THE OTAY WATER DISTRICT, ON THE STATUS OF WATER IN THE REGION Otay Water District General Manager Watton provided a report on the status of water in the region and responded to questions of the Council. . PRESENTATION BY DENNIS BOSTAD, GENERAL MANAGER OF THE SWEETWATER AUTHORITY, ON THE STATUS OF WATER IN THE REGION Sweetwater Authority General Manager Bostad provided a report on the status of water in the region, and responded to questions of the Council. Ie. -I DRAFT CONSENT CALENDAR (Items I through 7) Mayor Cox stated that staff had requested Item 3 be continued to the meeting of January 22, 2008. 1. ORDINANCE NO. 3102, ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-07-031, AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING ONE PARCEL LOCATED AT 267 EAST OXFORD STREET FROM R-I (SINGLE FAMILY RESIDENCE ZONE) TO R-I-5-P (SINGLE FAMILY RESIDENCE, PRECISE PLAN ZONE), AND ADOPTING PRECISE PLAN STANDARDS (SECOND READING AND ADOPTION) Brookfield-Shea-Otay, LLC, agent for property owner Concordia Lutheran Church, is requesting a Rezone, Precise Plan and Tentative Subdivision Map to develop 24 single- family lots on a 3.9-acre site presently occupied by the church, at 267 East Oxford Street in southwestern Chula Vista. The ordinance adopts the Negative Declaration and Mitigation Monitoring and Reporting Program, amends the Zoning Maps, and adopts the Precise Plan Standards. The ordinance was introduced on January 8, 2008. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 2. RESOLUTION NO. 2008-011, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2006/2007 (DIG- OUTS, PHASE 2) (STL-340B)" PROJECT TO FRANK AND SON PAVING, INC. IN THE AMOUNT OF $447,070 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On November 9, 2007, fifteen sealed bids were received for this project, which consists of the removal and replacement of damaged asphalt concrete pavement at various locations in the City. The work also includes sub grade preparation, striping, pavement markings, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE WITHDRAWAL OF THE LOW BID, REJECTING THE SECOND LOWEST BID AND APPROVING THE THIRD LOWEST BID; AND AWARDING CONTRACT FOR PHASE 2 OF THE "LAUDERBACH PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (CIP NO. PR-295)" PROJECT TO MJC CONSTRUCTION, AUTHORIZING THE EXPENDITURE OF THE AVAILABLE CONTINGENCIES FOR THE PROJECT, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Page 2 - Council Minutes January 15,2008G Ie. ,).. DRAFT CONSENT CALENDAR (continued) On December 19, 2007, nine sealed bids were received for this project. This is the second and final phase of this CIP. Phase 2 will include a new restroom facility, upgraded park security lighting, tot-lot safety surfacing, fencing at the rear of the Boys and Girls Club to enclose the park play area and associated site specific improvements. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2008-012, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE LOW BID, ACCEPTING THE SECOND LOW BID AND A WARDING CONTRACT FOR "GAYLE MCCANDLISS MEMORIAL PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CALIFORNIA (PR-179)" PROJECT TO HTA ENGINEERING & CONSTRUCTION AND AUTHORIZING THE EXPENDITURE OF AVAILABLE CONTINGENCIES FOR THE PROJECT On January 8, 2008, ten sealed bids were received for this project which includes the installation of a new play area and picnic area with ADA accessible walks and ramps; site furnishing upgrades and improved security lighting; and some minor irrigation and planting improvements. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2008-013, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "OTAY RECREATION CENTER EXPANSION IN THE CITY OF CHULA VISTA, CALIFORNIA (PR-277)" PROJECT TO RANDALL CONSTRUCTION IN THE AMOUNT OF $392,030 AND APPROPRIATING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THEREFOR (4/5THS VOTE REQUIRED) On January 2, 2008, five sealed bids were received for this project, which consists of the construction of an expansion to the existing 1,376 square foot facility to be used as a classroom for the community. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2008-014, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT FOR WATER FACILITIES OVER CITY-OWNED LAND TO THE CITY OF SAN DIEGO FOR THE OTAY-SAN DIEGO PIPELINE Page 3 - Council Minutes January 15,2008 If- -.3 DRAFT CONSENT CALENDAR (continued) As part of the City of San Diego's relocation of the Otay water pipeline, it was necessary to place a portion of the improvements within land owned in fee by the City of Chula Vista. The construction of this project has already been completed. The land is located along the southerly right-of-way of Telegraph Canyon Road, west of Heritage Road. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2008-015, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF ALL OF THE AREA OF THAT EASEMENT FOR SLOPE RIGHTS AND DRAINAGE PURPOSES LOCATED WITHIN LOT 10 OF MAP NO. 14261 OF SAN MIGUEL RANCH THAT WAS GRANTED PURSUANT TO THE GRANT OF EASEMENT FOR COUNTY HIGHWAY NNP- Trimark San Miguel Ranch, LLC has made a request to vacate a portion of a slope and drainage easement located within Lot 10 of Map 14261 lying northeasterly of the intersection of Mount Miguel Road and Proctor Valley Road within the San Miguel Ranch Development. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Castaneda moved to approve staffs recommendation, and offered the Consent Calendar, except Item 3, headings read, texts waived. Deputy Mayor Rindone seconded the motion, and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Jackie Lancaster, Chula Vista resident, presented a video on the MMC Peaker Plant. Theresa Acerro, Chula Vista resident, provided several handouts pertaining to the MMC Peaker Plant including a google aerial photo with a 1,000 foot radius drawn around the peaker plant indicating existing land uses adjacent to it, a chart comparison of emissions from the existing plant and the proposed plant, area within aqueous ammonia risk zone, and the Environmental Health Coalition MMC Talking Points Fact Sheet. James Prouix, Chula Vista resident, representing the Citizens for Stadium, spoke in support of the proposed Charger stadium and encouraged the Council to negotiate with the Spanos family and possibly tie it into the proposed Gaylord development. He then cited how a new stadium in the City of Glendale, Arizona was providing revenues for police, fire, and public improvements. Page 4 - Council Minutes January 15,2008 /c-~ DRAFT PUBLIC COMMENTS (continued) Mike Spethman, Chula Vista resident, requested Council consideration for an ordinance to regulate mobile vendors in residential areas near schools. Parks Pemberton, Chula Vista resident, spoke regarding the water authority presentations, stating that power and water were the two most critical issues facing Chula Vista. He then requested the Council reconsider their vote to get rid of the power plant on the bay. Warren Williams, Government teacher at Hilltop High School introduced himself and his students present at the meeting, stating he felt it important for the students to be exposed to local government. ACTION ITEMS City Attorney Moore stated for the record, that because Item 8 included an initiative pertaining to the Office of the City Attorney, the City had retained Shawn Hagerty of Best Best & Krieger to provide legal advice to the City on this item. City Attorney Moore then left the Chambers. 8. CONSIDERATION OF ADOPTION OF RESOLUTIONS GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION, PLACING A CITIZEN-INITIATED CHARTER AMENDMENT ON THE BALLOT, REQUESTING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION, AND APPROPRIATING FUNDS FOR THE PETITION- RELATED EXPENSES Adoption of the resolutions gives notice of a General Municipal Election to be held June 3, 2008; places a citizen-initiated Charter amendment on the ballot; requests the services of the Registrar of Voters to conduct the election, and appropriates funds for signature verification on the petition, and its placement on the ballot. (Interim City Clerk) Interim City Clerk Norris presented the results of the examination of signatures for the charter amendment petition. Mr. Hagerty stated he would respond to legal questions as necessary . Norma Cazares, Chula Vista resident and proponent, requested that the City Council do the right thing and place the initiative on the June ballot. Evelyn Heidelberg, San Diego resident, Attorney representing Earl Jentz, expressed support for the proposed election being held in June. Mayor Cox stated that although she personally did not feel another political office was necessary in the City; she did not oppose putting the item on the ballot for the people to decide. Additionally, she felt it important for both sides to be given the opportunity to openly discuss this issue, as it would be a major change to how government would be run in Chula Vista, and further, she felt that holding the election in November would provide more time for discussion and a greater amount of people would vote. Mayor Cox then asked Attorney Hagerty if the Council would be permitted legally to put the initiative on the November ballot. Attorney Hagerty responded in the affirmative noting that the initiative was not specific as to when to hold the election. Page 5 - Council Minutes January 15,2008 /C-5 DRAFT ACTION ITEMS (continued) Councilmember Castaneda stated that while he respected Attorney Hagerty's opinion, he felt it to be inconsistent with that of Attorney Heidelberg, and requested she respond. Ms. Heidelberg responded that although Mr. Hagerty's response was correct, and the State Elections Code would allow placement on the November ballot, the first listed alternative in the code is the next regularly scheduled general municipal election and one could infer from that, it would be the preferable option. Ms. Heidelberg then stated that the initiative was a municipal measure and she respectfully disagreed with the Mayor, expressing her view that placing it on a national election ballot would get less attention. Attorney Hagerty reiterated that the state law indicates the timing of the election could be in June or November. Mayor Cox asked for clarification as to whether or not the requested appropriation would change if the measure was placed on the November ballot as opposed to the June ballot. Interim City Clerk Norris responded that the appropriation would be less in November by approximately $20,000. Councilmember Ramirez pointed out to the students present in the audience, that the item before the Council depicted two different approaches to democracy and how to get things done by the people, including the role of money in democracy, and how a grass roots group works. He then asked the proponents how much money had been spent on this petition. Norma Cazares, Chula Vista resident and proponent stated she did not know the total spent on the initiative process, some funding sources were major and some were minor, some individuals could not contribute money but went door to door to gather signatures. Parks Pemberton, Chula Vista resident, spoke regarding the political process of the initiative and encouraged everyone to vote for it. Deputy Mayor Rindone stated it was clear that the petitions were certified and that an election would be held. Further, that the Mayor's position to encourage greater participation to take place and greater opportunity for time and dialogue for both pros and cons and effectiveness was a critical issue. Deputy Mayor Rindone then expressed his view that to have time of discourse would be appropriate and a November election would allow this and be a benefit to the City. Councilmember McCarm stated he appreciated the debate and that the reality was that the signatures were there and verified and it would now be up to the people to decide as to whether or not they wanted to support the initiative. However, he too felt it to be such an important issue, that the highest voter turnout was needed to ensure greater participation and statistics show that two to three times as many voters show up to the polls in November than they do in June. Councilmember Castaneda stated that the Council had a responsibility to the people who signed the petition, and although he personally did not agree with the initiative, he felt the people fully expected the item to be on the ballot at the next regular municipal election, which would take place in June. Further, he expressed his view that holding off until November was the same as telling the people they could not vote and he would not support a November election for the initiative. Page 6 - Council Minutes January 15, 2008 /c-t:> DRAFT ACTION ITEMS (continued) Councilmember Ramirez stated he felt the proponents wanted the initiative on the ballot in June for some strategic reason, and others in November for another, but if the proponents want it in June, he felt it should be in June. He then stated that he was not a proponent of having an elected City Attorney and had serious concerns, but felt the people should have an opportunity to vote. Deputy Mayor Rindone stated that the discussion was about allowing participation to manifest at its greatest opportunity and no one should fear greater opportunity for dialogue. Further, he stated that he did not think there was a single Councilmember advocating the position of having an elected city attorney, but allowing additional time to vet the proposal and assure greater participation on a significant item in city government that it should be allowed to take place. ACTION: Deputy Mayor Rindone moved to approve staff's recommendation and offered Resolution No. 2008-016 as amended to call the November election, to place the measure on the November 4, 2008 ballot, and to consolidate the November election with the statewide election. Councilmember McCann seconded the motion. Councilmember Castaneda offered a substitute motion to hold the election in June. No second was received. A. RESOLUTION NO. 2008-016, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008; PLACING A CITIZEN-INITIATED CHARTER AMENDMENT ON THE NOVEMBER 4, 2008 BALLOT TO BE CONSIDERED BY THE ELECTORATE AT THAT ELECTION; CONSOLIDATING SUCH ELECTIONS WITH STATEWIDE ELECTIONS; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTIONS; AND AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTIONS (AMENDED TITLE) Councilmember McCann called for the vote on the original motion. The motion carried 3-2 with Councilmembers Castaneda and Ramirez voting no. ACTION: Deputy Mayor Rindone moved to approve staff's recommendation and offered Resolution No. 2008-017 as amended to appropriate $20,000 for signature verification, and the funds to necessary to cover the costs of placing the measure on the November ballot, heading read, text waived: Page 7 - Council Minutes January 15, 2008 /G -7 DRAFT ACTION ITEMS (continued) B. RESOLUTION NO. 2008-017, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FOR THE VERIFICATION OF SIGNATURES FOR CERTIFICATION OF A PETITION FOR A CHARTER AMENDMENT AND FOR ITS PLACEMENT ON THE BALLOT FOR THE CONSOLIDATED SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2008 (4/5THS VOTE REQUIRED) Mayor Cox seconded the motion, and it carried 5-0. Councilmember Castaneda stated he supported the motion to cover the costs, but disagreed with the holding of the election in November. Evelyn Heidelberg, Attorney representing Mr. Jentz, stated that she wished to bring to the Council's attention as well as the City Clerk's and City Attorney's, a problem that arises from last year's amendment by the State legislature of the date of the State primary. It appears to make the upcoming election in June for the Council seats in conflict with the City Charter, specifically Section 900 of the City Charter which reads "general municipal elections for the election of Mayor and Councilmembers and for such purposes as the City Council may describe shall be held in the City of Chula Vista on the same date in each election year as the California State primary elections." City Attorney Moore returned to the dais. OTHER BUSINESS 9. CITY MANAGER'S REPORTS There were none. 10. MAYOR'S REPORTS Mayor Cox stated she had provided the Council with copy of a letter she had sent to Mr. Steven A. Weissman, Administrative Law Judge for the California Public Utilities Commission (CPUC), expressing concerns regarding a staff reference to placing a new fossil-fueled power plant on the Chula Vista bayfront, made as part of the alternative proposals included in the Sunrise Powerlink Draft Environmental Impact Report issued on January 4, 2008, and informing them that the City Council had voted to not support a replacement base load plant on the bayfront. Mayor Cox then stated that the full Council had heard from their constituents regarding the San Miguel Park and that she had spoken with the City Manager and Engineering and General Services Director Griffin, and requested they bring a time line back for Council review at an April meeting. Councilmember McCann stated that he too had spoken with the City Manager Page 8 - Council Minutes January 15, 2008 /t-f DRAFT MAYORS COMMENTS (continued) and requested that they move forward on the design, and bring it back as a policy issue in April for full debate among the Council to address the maintenance issue in the Fiscal Year 2009/2010 budget. Deputy Mayor Rindone stated that although the fees to build the park had been raised through Mello Roos, Council would still need to come up with $120,000 annually to ensure it is maintained. Further, that he supported the request to have staff come back in April with the process of looking at construction of the park to allow the Council time to analyze and to make recommendations to staff for funding options for the 2008/2009 budget. Mayor Cox next commented that an exciting weekend was approaching with the AFC Championship game for the San Diego Chargers and encouraged everyone in the City of Chula Vista to wear the Chargers blue and gold to their place of work on Friday. She then provided a list of stores where the shirts were available. In closing, Mayor Cox stated that she and Councilmember McCann were members of the Charger Subcommittee and that there were a couple of newspaper articles that led her to want to clarify for the record, that her interest in the Chargers has been as an advocate of keeping them in San Diego County, and to that end, working with Councilmember McCann, they had written a draft Resolution which she read into the record and the Subcommittee would be placing on the January 22, 2008 agenda. 11. COUNCIL COMMENTS Councilmember McCann spoke regarding the presentation being made by the Chargers next Tuesday and encouraged all Chula Vista residents to be present. He then commended the Chargers on their great community outreach process and stated that they received overwhelming support for coming to Chula Vista and spoke of the many benefits of having them here. Councilmember Ramirez spoke regarding the San Miguel Park issue and stated he was encouraged by the potential solution and options and the setting of a date certain of April. Further, he stated that he appreciated the comments that the Council would have to look hard and reprioritize to find revenues in the organization to make it happen. Deputy Mayor Rindone expressed pleasure in the Council reinstitution of the prior practice of having a quarterly Council tour of the many critical projects throughout the City and thanked Assistant City Manager Tulloch and his staff for putting the tour together. Mayor Cox also thanked Ms. Liz Pursell of the Communications Office and stated the tour was so well done that she would like to use it for the next Citizens Academy. CLOSED SESSION At 8:20 p.m., Mayor Cox convened Closed Session. Page 9 - Council Minutes January 15,2008 /G -9 DRAFT CLOSED SESSION (continued) 12. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . Two cases No reportable action was taken on these items. ADJOURNMENT At II :42 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting of January 22, 2008 at 6:00 p.m. in the Council Chambers. e Peoples, MMC, Senior D puty City Clerk Page 10 . Council Minutes January 15, 2008 Ie ~/tJ CITY COUNCIL AGENDA STATEMENT . ~ FEBRUARY 5, 2008, Item~ SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS CITY ATTORNEvt(jV" CITY MANAGER ASSISTANT CITY MANAGER ITEM TITLE: 4/5THS VOTE: YES D NO 0 SUMMARY The Meyers-Milias-Brown Act (MMBA) as contained in California Government Code Sections 3500-3511 provides for the orderly administration of employer-employee relations. It states that a public agency may adopt reasonable rules and regulations for recognizing employee organizations and for meeting and conferring with those organizations regarding wages, hours, and other terms and conditions of employment. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed acl1vlty for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment because it does not involve a physical change to the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 2-1 FEBRUARY 5, 2008, Item~ Page 2 of2 DISCUSSION Pursuant to the MMBA, the City of Chula Vista, as a public agency, by and through the City Council, is authorized to designate a Management Team as its representative for the "Meet and Confer" process. Adoption of the proposed resolution, deemed necessary and appropriate to revise the list of designated members of the Management Team for the Meet and Confer process due to recent changes in personnel, accomplishes this. 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 l8704.2(a)(I) is not applicable to this decision. FISCAL IMPACT None. ATTACHMENTS Resolution. Prepared by: Sharon Marshall, Senior Assistant City Attorney, City Attorney's Office 2-2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS WHEREAS, the "Meyers-Milias-Brown Act" (MMBA) as contained in California Government Code sections 3500-3511 provides for the orderly administration of employer- employee relations; and WHEREAS, the MMBA provides that a public agency may adopt reasonable rules and regulations for recognizing employee organizations and for meeting and conferring with those organizations regarding wages, hours, and other terms and conditions of employment; and WHEREAS, pursuant to the MMBA and the Charter of the City of Chula Vista, the City Council has enacted an "Employee-Employer Relations Policy"; and WHEREAS, pursuant to the MMBA, the City ofChula Vista, as a public agency, by and through its City Council, is authorized to designate a Management Team as its representative for the "Meet and Confer" process; and WHEREAS, as a result of recent changes in personnel, it is now deemed necessary and appropriate to revise the list of designated members of the Management Team for the Meet and Confer process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that pursuant to the MMBA and the City's Employer-Employee Relations policy, the following persons are designated as members of the Management Team for purposes of meeting and conferring with the City's recognized employee organizations: David Garcia, City Manager Scott Tulloch, Assistant City Manager Sharon Marshall, Senior Assistant City Attorney Joan Dawson, Deputy City Attorney Marcia Raskin, Director of Human Resources Kelley Bacon, Assistant Director of Human Resources Ed Van Eenoo, Director of Budget and Analysis Maria Kachadoorian, Director of Finance Jim Geering, Interim Fire Chief Mike Reeves, Acting Assistant Fire Chief Presented by Approved as to form by Ann Moore City Attorney J:\Attomcy\RESO\HR\CA-Meet and Confer Reso_02.0S-08.doc 2-3 CITY COUNCIL AGENDA STATEMENT SUBMITTED BY: REVIEWED BY: .:S-'Yf:. CITY OF -nd (HULA VISTA FEBRUARY 5, 2008, Item2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTIONAL SERVICES AND VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE, WAIVING COUNCIL POLICY #230-01 TO ALLOW FOR FUNDING IN AN AMOUNT LESS THAN THAT STATED IN SAID POLICY ECONOMIC DEVELOPMENT OFFICER~b::DS. CITY MANAGER S. -r- ...r;,. r- .f::t2ri ITEM TITLE: 4/5THS VOTE: YES D NO ~ SUMMARY Adoption of the resolution approves a contract between the City of Chula Vista and the Chula Vista Chamber of Commerce for a period of six months with an option to extend the contract for an additional one year period, provided funds are available and budgeted for such purpose, and waives City Council Policy #230-01 to allow for funding in an amount less than that stated in said Policy, for the provision of Chula Vista Convention and Visitors Bureau Promotion Services, and Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office. In 1994, in conjunction with consideration of the scheduled rate increase in the Transient Occupancy Tax (TOT) from 8% to 10%, Council received a request from the Chamber of Commerce and Chula Vista Motel Association to create a Convention and Visitors Bureau. Similar bureaus serve North County, Carlsbad, East County, and the San Diego metropolitan area. Since 1995, the City has contracted annually with the Chula Vista Chamber of Commerce (Chamber) to provide Convention and Visitors Bureau services. 3-1 FEBRUARY 5, 2008, Item_ Page 2 of 5 According to Council Policy #230-01 (Attachment A), the Council considers a budget and related contract with the Chamber for the provision of Chula Vista Convention and Visitors Bureau Promotion Services, and Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office. Due to the recent budget shortfalls, staff recommended approval of a six -month fee for service contract and appropriate funding with the Chula Vista Chamber of Commerce, for the period of June 1,2007 through December 31,2007. Subsequent to Council's mid-year budget deliberations, staff proposed to return with a recommendation for a new contract to reflect the revised budget amount and corresponding changes in services to be rendered during the remainder of the 2008 fiscal year and for fiscal year 2009. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has reviewed the proposed actIVIty for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defmed under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Backl!:round The City Council adopted Council Policy #230-01 (Attachment A) to support a Chula Vista Convention and Visitors Bureau (CONVIS) at its March 21,1995 meeting. Convention and Visitors bureaus typically conduct advertising campaigns, produce brochures, attend trade shows, and operate tourist-oriented facilities to promote the City. The focus of the Chula Vista bureau, as established in 1995, is to promote Chula Vista destinations, including the U.S. Olympic Training Center, entertainment venues, golf courses, the Marina area, local motels, restaurants, shopping, and special events such as Celebrate Chula Vista and Taste of the Arts. Also, at the March 21,1995 meeting, Council approved increasing the Transient Occupancy Tax (TOT) rate from 8% to 10% and approved a draft budget for CONVIS. The funds to operate CONVIS were included in the approved City budget for fiscal year 1995-96, subject to negotiation of a contract with the Chamber. On a related subject, the City has had a contract with the Chamber since 1994, for operation of the Visitor Center at the Bayfront/E Street Trolley Station and the provision of general visitor and transit information at both that location and the Chamber's main officel. Since opening in 1986, the Visitor Center has had four commercial operators, none of whom were able to operate the center at a profit. In late 1994, after considering four proposals to run the Visitor Information Center, the Council approved a contract with the Chamber, which has 1 The Bayfront/E Street Trolley Station is jointly owned and operated by the City of Chula Vista and the Metropolitan Transit System (MTS). The site includes the Visitor Center, which has been administered by the City under a separate agreement. 3-2 FEBRUARY 5, 2008, Item_ Page 3 of5 been extended annually, via contract amendments. Since its opening in 1986, the City has paid the costs of utilities, exterior maintenance, building repairs, major improvements and landscaping. The Center serves a daily average of more than 200 people who request visitor and transit information. The major focus of the Visitor Center is to provide mass transit information and ticket sales to trolley and bus riders, promote visitor-serving attractions and businesses in the City, and to provide accurate information to visitors concerning Chula Vista and the San Diego region including Tijuana and Baja California, Mexico. With the limited retail opportunities at the Visitor Center plus the main focus on providing service to the tourist and transit riders, an annual subsidy for the operation is required. Part of the Strategic Plan (Attachment B) developed by the Chamber for CONVIS and the Visitor Center is to identify other revenue opportunities, as well as other goals and objectives for the Center. Waiver of City Council PoIicv # 230-01 Incorporated within Council Policy #230-01 is a funding formula related to the City's annual TOT revenues. Based upon the most recent TOT revenues, the Chamber would be eligible to receive $200,000 for the current fiscal year, the maximum amount granted under the Policy. However, during the recent mid-year budget adjustments, the Council approved funding for the Chamber in an amount that is less than the amount permitted by the Policy for Fiscal Year 2008 and Fiscal Year 2009. Approval of the attached Resolution will waive City Council Policy #230-01, which will allow for funding in amounts less than allowed by the Policy, for Fiscal Year 2008 ($150,010.50) and, subject to budget approval and appropriation for Fiscal Year 2009 ($119,000). As part of the budget process for Fiscal Year 20 I 0, staff anticipates returning to the City Council to review this Policy and related funding formula. Terms The terms of this six-month contract with a I-year option to renew are generally similar to the terms in the previous contract with the Chamber for CONVIS and Visitor and Transit Information Services. Assigned responsibilities will continue to include: . Promote and market the City and the City's visitor destinations, meeting facilities, tourism, and related businesses (Operating Rules, Attachment C) Respond to inquiries about transit; provide transit information about trolley and bus schedules, routes, prices and stops; and sell transit passes Provide information about Chula Vista (e.g. major hotels/motels, restaurants, shopping), San Diego County visitor attractions, Southern California, and Northern B!\ia, Mexico Provide general information about the City, including City maps and brochures . . . 3-3 FEBRUARY 5, 2008, Item_ Page 4 of 5 RevisedlReduced responsibilities will include: . The operating hours for the Visitor Center will be reduced from seven days a week, including holidays to operating six days per week (Monday through Saturday), and closing on all major holidays. The General Manager position for CONVIS is currently vacant. Duties of the General Manger will be assumed by the Chief Executive Officer of the Chamber of Commerce. The Chamber will no longer be required to spend a portion of their funding to advertise in travel related publications The Chamber will no longer be required to conduct customer surveys The Chamber will no longer be required to conduct an annual familiarization tour for San Diego Convention and Visitors Bureau members, meeting planners and concierges from around the County . . . . Visitor Center Maintenance - City In addition to the CONVIS and Visitor Center budget allocation per the proposed contract, the City also funds the maintenance of the Visitor Center. These maintenance costs are included in the Chula Vista Transit's Fiscal Year 2008 budget for the BayfrontIE Street Trolley Station and are the City's responsibilities. Staff and the Chamber are committed to maintaining and operating a safe and responsive Visitor Center. The image of the City is very important and the Chamber is committed through this contract to promote a positive, friendly and responsive image as desired by the City. DECISION MAKER CONFLICT Not Auulicable Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT The City Council recently revised the budget for Fiscal Year 2008, and discussed planned revisions for Fiscal Year 2009. The Council-approved City budget includes $53,503.50 in funding for the final six months of Fiscal Year 2008 for the Chamber for Chula Vista Convention and Visitor Bureau activities, Visitor Center operations and to provide Chamber Information Services at the main office. Included in the six month figure is the $6,688.00 that the City pays the Chamber for general information services. Further, based upon the budget revision process and subject to budget authorization, it is anticipated that $119,007 will be available for Fiscal Year 2009 for CONVIS activities, Visitor Center operations and to provide Chamber Information Services. 3-4 FEBRUARY 5, 2008, Item Page 5 of5 ATTACHMENTS Attachment A - Council Policy #230-01 Attachment B - CONVIS Strategic Plan Attachment C - Operating Rules Prepared by: Craig Ruiz, Principal Economic Development Specialist, Office of Economic Development 3-5 Attachment A " SUBJECT: SUPPORT FOR A CHULA VISTA VISITORS AND CONVENTION BUREAU, SUBJEcr TO ANNUAL APPROVAL OF A BUDGET AND RELATED CONTRAcr COUNCIL POLICY CITY OF CHULA VISTA POLlCY NUMBER 230-01 EFFECI1VE DATE 07-01-95 PAGE 10F2 ADOPI'ED BY: Resolution No. 17843 I DATED: 03-21-95 BACKGROUND Particularly given the immin~nt opening of the Olympic Training Center in Chula VISta, the City desires to promote tourism and the Cit) s visitor. oriented attractions and facilities. Visitor promotion and funding has also been discussed in the conteXt of considering whether to abate the Transient Occupancy Tax (T.O.T ) on April 1, 1995 from 10% to an amount not less than 8%. PURPOSE The purpose of this policy is to provide guidelines for the amount and use of Visitors and Convention Promotion Funds. POUCY ,.., 1. During the annual budget process, the City Council will consider the adoption of a Chula Vista Visitors and Convention Promotion Budget for the following fiscal year. It shall be the policy of the City that the ViSitors and Convention Promotion Budget should be funded from General Fund sources other than the T.O.T., in an amount addressed in paragraphs 2 and 3 below. In implementing this policy, the T.O.T. revenues collected may be a measure of the amount of the appropriation, but not the source of funds used for the appropriation. 2. It is the policy of the City Council to direct staff to prepare a proposed IT 1995-96 Visitors and Convention Promotion Budget, for Council's consideration during its IT 95.96 budget deliberations, in an amount of $150,000. 3. Far IT 1996.97 and the three consecutive fiscal years thereafter, it shall be the policy of the City Council to direct staff to prepare proposed Visitors and Convention Promotion Budgets, for Council's consideration in its annual budget deliberations, in amounts measured by the amount ofT.O.T revenue collected in the mast recent I-year period for which data is then available (typically April through March) based on the following guidelines: _ If the annual T.O.T. revenue is $1.5 million or less, the proposed Visitors and Convention Promotion Budget would be an amount equivalent to 10% of the T.O.T revenue collected. _ If the annual T.O.T revenue is more than $1.5 million and less than $2.5 million, the proposed Visitors and Convention Promotion Budget would be $150,000 plus an amount equivalent to 5% of the T.O.T. revenue in excess of $1.5 million. This guideline would thus result in a maximum proposed annual ViSitors and Convention Promotion Budget of $200,000. 1 c ~ 3-6 COUNCIL POLICY CITY OF CHUI.A VISTA ( UBJECf: SUPPORT FOR A 0iULA VISTA VISITORS AND CONVENTION BUREAU, SUBJECf TO ANNUAL APPROVAL OF A BUDGET AND RELATED CONTRACf POLICY NUMBER 230-01 EFFECfIVE DATE 07-01-95 - PAGE 20F2 DOPTED BY: Resolution No. 17843 I DATED: 03-21.95 - If the annual T.O.T. revenue exceeds $2.5 million, the proposed VISitors and Convention Promotion Budget would be $200,000. The City would then review this Council Policy, including discussing it with the Chamber of Commerce and the Chula VlSta Motel Association, to determine whether the policy should be revised to provide any additional guidelines for proposed VISitors and Convention Promotion funding beyond the $200,000 maximum proposed annual amount provided in this policy. The Chula Vtsta Chamber of Commerce and the Chula Vista Motel Association are forming a Chula Vista VISitors and Convention Bureau, and representatives of those agencies and the City will be involved in formulating a proposed Visitors and Convention Promotion Budget to be considered by the City Council each fiscal year. It is anticipated that some projects included in the Visitors and Convention Promotion Budget will continue to be administered by the City or be for services for which the City has previously contracted with the Chamber of Commerce. It is also anticipated that a significant portion (probably the majority) of the Visitors and Convention Promotion Budget will be for specified services for which the City will execute an annual one-year contract with the Chamber of Commerce, on behalf of the Visitors and Convention Bureau. The Chamber will provide quarterly reports to the City to be specified in the annual contract, including appropriate accounting data. ,...,. This policy shall be set for review approximately five years after its adoption date. That review should include, but not be limited to, the appropriateness of continuing to establish Visitors and Convention Promotion budgets in relationship to the amount of T.O.T revenue collected, the guidelines for such relationships, and the appropriateness of the Chamber of Commerce continuing to act as the contracting arm of the Visitors and Convention Bureau compared to other organizational arrangements such as the establishment of a stand-alone Visitors and Convention Bureau. -"l, 3-7 Attachment B Mission Statement for CVCVB as adopted in 2002: The Chula Vista Convention & Visitors Bureau focuses on developing Chula Vista as a destination city by generating and promoting tourism, while expanding and attracting visitors to our community. Summary of planning meetings held in March and April of 2006: The advisory committee of the Chula Vista Convention and Visitors Bureau has decided to work on a "specific plan" to go along with the existing Strategic Plan. This specific plan is divided into 3 sections. They are: 12 month goals, 24 month goals and ongoing goals. The goals are summed up in one general statement describing where the CVCVB would like to be in two years. CVCVB Specific Plan for FY 2006-2008 Two Year Vision Statement: The Chula Vista Convention & Visitors Bureau has put togy;theF!!:)iS;ij~9f goals to accom$~sh in the nextc~~ears,~When our goals 1)Ie a~mpliShedE^we would like to aChieve ryCognitiOll,by aU CaliforniaWeh:lJme Centers . i',' . "'-', . ";;"<'t, - (if":"'''''''fF :::/'" ,.;>v,"'"1>. ;'/': ,; ,',:<''''''';&0\" ;,,';:~~01 ,c'''''"':''';':! (~f)' w e wiEl!;alsQ;re-~rand1~urs~lve~tlsin! our Wl:lBsib:. ~eause theirit~et:!S us~ by ai~aj ority of'~aveI;yr&~ to~y' swarK~~" ~e believ~;~t the:~eB~;iP o~ fir;tPl"~'! im~essio~.l:"st bpt n?t le1J.it ~wil#J?o~ with the:~ity "nl:! the vls~t>r~rvi~o/'in~try to foek.<l1'theoenefits dt.a;O<C~JriIf()'l'Kipsk designed intiooan~;maj6r Hq;te]'i1:~t:''''\:,; development iri Chula Vista. In accomplishing these I11fljor gpals,.yve. beli:-vh;thatctburists will see the value iri a visit to Chula. Vista. The tourism:ii1d'Ustry in ChuI~:ViSta is 'going to grow tremendously iri the next 5 years. CVCVB wilHlJe. ontheloryfron!'9:tl'm~etirig our city as a destiriation. .'. .' . .... 24 Montlt Goals . Harbor excursion (Le. Gold Medal Shopping Experience) for cruise passengers . Incorporate '"historical museum" into Convis activity . Establish email blast system for quarterly updates to stakeho Iders . Research visitor service "business ODS" List of onl!oinl! l!oals . Operate 7 day/wk Visitor Info Ctr. . Sell attraction tickets and market tourism on the local and regional level . Stay engaged with SDCVB . Advertising in local and regional ad campaigns . Active Convis Advisory Committee . Attend mixer/trade show events where and when relevant .. Reach out to those who are relocating to CV for work etc. . Promotion of services to city departments 12 Montlt Goals . F AM tour for cruise lines . Website update . Brochures targeting different audiences . Op Ed pieces in support of visitor service development projects that will help increase tourism 3-8 Attachment C ":-'0 CHULA VISTA CONVENTION AND VISITORS BUREAU A DIVISION OF THE CHULA VISTA CHAMBER OF COMMERCE OPERATING RULES: 1. ORGANIZATION: This division shall be known as the Chuia Vista Convention and Visitors Bureau ("CONVIS") and Visitor Information Center ("VIC") and shall be an integral part of the Chula Vista Chamber of Commerce (the "Chamber"), according to our Bylaws subject to the contractual relationship between the City of Chula Vista and the Chula Vista Chamber of Commerce which is incorporated under the laws of the State of California. 2. THE MISSION STATEMENT: The Chula Vista Convention and Visitors Bureau focuses on developing Chula Vista as a destination city by generating and promoting tourism while expanding and attracting visitors to our community. 3. THE CREED: The Chula Vista Convention and Visitors Bureau is organized for the purpose of marketing Chula Vista as a viable tourist destination for the benefit of the community. 4. SUBCOMMITTEE: The Board of Directors of the Chamber shall appoint a subcommittee to guide this division and advise the President or President-Elect, who shall be the chair. It shall be governed according to the general rules of the Chamber pertaining to appointment and operation of committees. The subcommittee members need not be Chamber members. At least seventy-five percents of the members shall have employment or interest in the entertainment, tourism or hotel industries. The Public Information Coordinator of the City of Chula Vista shall be an ex-officio member of the subcommittee. The recommendations of the Subcommittee shall be advisory only, subject to the approval of the Board of Directors of the Chamber. 5. GENERAL MANAGER: The division's day to day operations shall be conducted by the CONVIS AND VIC General Manager who shall be an employee of the Chamber. The General Manager shall be advised by the Subcommittee and shall report directly to the Chamber Board of Directors. 6. FUNDS: All money paid to CONVIS and VIC shall be placed in a general operating fund under the Chamber's name but separate from the Chamber's other accounts. Money subscribed or contributed for a special purpose is to be placed in a separate account for such purpose. The Chula Vista Chamber of Commerce CEO and either the Treasurer of the Chamber or another Member of the Chamber Executive Committee must sign disbursements of the funds of CONVIS if the Treasurer is not available. Executive Committee and Chuia Vista Chamber of Commerce CEO must approve expenditures over $2000 in advance. 7. BUDGET: The CONVIS General Manager and the Chamber Finance Committee shall review and generate/negotiate the budget of estimated expenses for the fiscal year as received from the City of Chula Vista, and submit it to the Chamber Board of Directors as part of the budget of the Chamber. 8. ANNUAL AUDIT. The accounts of CONVIS shall be examined annually in coordination with the Chamber's annual audit and shall under the supervision of the Vice President Finance and Audit Committee, according to Section 5A INTERNAL AUDIT COMMITTEE. Ty Compton - Initial Date 3-9 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTIONAL SERVICES AND VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE MAIN OFFICE, WAIVING COUNCIL POLICY #230-01 TO ALLOW FOR FUNDING IN AN AMOUNT LESS THAN THAT STATED IN SAID POLICY WHEREAS, the City of Chula Vista (City) desires to have visitor and transit information available upon request, without cost, to persons entering the City from the Visitor Information Center located on the southeast comer of"E" Street and the Interstate 5; and WHEREAS, the Chula Vista Chamber of Commerce (Chamber) occupies a unique public service position in the City and has provided general informational and promotional services to the public-at-Iarge for many years; and WHEREAS, the Chamber is experienced and staffed in a manner such that it can provide convention and visitor promotion services (Promotion Services) and visitor and transit information services (Information Services); and WHEREAS, the Chamber has been providing the City with Promotion Services and Information Services pursuant to separate agreements through calendar year 2007; and WHEREAS, the Chamber has a CONVIS Strategic Plan (Strategic Plan) which establishes goals and objectives for providing convention and visitor promotion services and visitor and transit information services; and WHEREAS, the City desires to continue providing Information Services and Promotion Services pursuant to a six month agreement, with a I-year option for renewal, for the provision of these two types of services, based on the Strategic Plan, and on performance measures to gauge success in providing these services; and WHEREAS, the City's remaining budget for fiscal year 2008 includes $53,503.50 in funding dedicated to the Chamber for these services. J:\Aacme~ESO\AGREEMENTS\Reso Chamber of Commerce FY08 09Drall:l_02-05-0~:'1 0 Resolution No. 2008- Page 2 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista approves a contract between the City of Chula Vista and the Chula Vista Chamber of Commerce for the provision of Chula Vista Convention and Visitors Bureau promotional services and visitor and transit information services at the Chula Vista Visitor Information Center and Chamber of Commerce main office, waiving Council Policy #230-01 to allow for funding in an amount less than that stated in said Policy, and authorizing the Mayor to execute the agreement. Presented by Approved as to form by David R. Garcia City Manager J:\Altomey\RESOIAGREEMENTS\Reso Chamber ofCommen:e FY08 09Draf'll_02-05-0!3':'11 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 COUN L oore City Attorney Dated: l/~) 05 Agreement between City of Chula Vista and Chula Vista Chamber of Commerce 3-12 Agreement between City of Chula Vista and Chula Vista Chamber of Commerce ("Chamber") Tills agreement ("Agreement"), dated January 1, 2008 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City desires to have visitor and transit information available upon request, without cost, to persons entering the City and desiring same, from the Visitor Information Center located on the southeast comer of "E" Street and the Interstate 5 (hereinafter "Center") at an address commonly known as 750 "E" Street, and from the Chamber of Commerce office, 233 Fourth Avenue, Chula Vista (hereinafter "Main Office"); and Whereas, the Chamber occupies a unique public service position in the City and has provided general informational and promotional services to the public at large for many years; and Whereas, the Chamber hereby warrants and represents that it is experienced and staffed in a manner such that it can provide the convention and visitor promotion services (hereinafter "Promotion Services") and visitor and transit information services (hereinafter "Information Services") as herein required in accordance with the terms and conditions of this Agreement; and Whereas, the City and Chamber have been party to separate agreements for Convention and Visitors Bureau Promotion Services from FY 1997-98 as extended through amendments to December 31, 2007, copies of which are on file with the City (hereinafter "Existing CONVIS Contract") and for Visitor and Transit Information Services from FY 1994-95 as extended through amendments to December 31, 2007, a copy of which is on file with the City Clerk, (hereinafter "Existing Information Contract"); and Whereas, the Chamber has a CONVIS Strategic Plan (hereinafter "Strategic Plan") which establishes goals and objectives for providing convention and visitor promotion services and visitor and transit information services; and Whereas, the City and Chamber desire to continue a single six month agreement for the provision of these two types of services, based on said Strategic Plan, and on performance measures to gauge success in providing said services; and 1 3-13 Whereas, provided City Council appropriates sufficient funds for services to be provided under this Agreement for fiscal year 2009, extending from July I, 2008 through June 30, 2009, this Agreement may be extended, at the option of the City, for one (I) additional term of one (I) year on the same terms and conditions as set forth herein, except as to the Compensation, which shall be adjusted as set forth in Exhibit A, Section II. Compensation; and Whereas, Chamber warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Chamber to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and (End of Recitals) 2 3-14 NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defmed Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defmed Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph ID(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 3 3-15 F. Insurance Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope ofInsurance Coverage must be at least as broad as: (I) Insurance Services Office Commercial General Liability coverage (occurrence F onn CGOOOI). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Lirnits ofInsurance Contractor must maintain limits no less than: 1. General Liability: (Including operations, products and completed operations, as applicable) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: 4. Professional Errors & Liability: Liability or Omissions $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily ~ury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence 4 3-16 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (I) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) The insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. 5 3-17 (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Consultants must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants are subject to all of the requirements included in these specifications. G. Security for Performance (I) Performance Bond In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, htto://www.frns.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfY the requirements stated in Section 995.660 of the Code of Civil Procedure, 6 3-18 except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. (2) Letter of Credit In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. (3) Other Security In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. H. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. 7 3-19 B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term A. Initial Term. The initial term of this Agreement shall be for a period of six months ending, June 30, 2008. B. Option to Extend. Subject to City Council action appropriating sufficient funds for services to be provided under this Agreement for fiscal year 2009, extending from July I, 2008 through June 30, 2009, this Agreement may be extended, at the option of the City, for one (I) additional term of one (1) year. In no event shall this Agreement be extended beyond June 30, 2009. (1) Written Extension. The exercise of the Option to Extend shall be manifested by a written document, signed by the City Manager, indicating that the City has appropriated sufficient funds to extend this Agreement and that the City is exercising its option to extend. C. This Agreement shall terminate when the Parties have complied with all executory provisions herein. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. 8 3-20 It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate RegardlesS of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests 9 3-21 Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or asswne an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defmed Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused 10 3-22 by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers), the following indemnification provisions should be utilized: (I) Indemnification and Hold Harmless Agreement With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. (2) Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or 11 3-23 defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants". 12 3-24 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 13 3-25 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 1 7. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue 14 3-26 This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City ofChula Vista. (End of page. Next page is signature page.) 15 3-27 Signature Page to Agreement between City of Chula Vista and Chula Vista Chamber of Commerce IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City of Chula Vista By: Cheryl Cox, Mayor Attest: City Clerk Approved as to form: Ann Moore, City Attorney Dated: Chula Vista Chamber of Commerce ~~. --- c--.}, ~ Lisa Cohen, CEO Exhibit List to Agreement ( X ) Exhibit A. 16 3-28 Exhibit A to Agreement between City of Chula Vista and ChamberofComm~ce 1. Effective Date of Agreement: January 1, 2008 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a () Other: form] , a [insert business ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Chamber: Chula Vista Chamber of Commerce 5. Business Form of Chamber: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Chamber: 233 Fourth Avenue Chula Vista, California 91910 Voice Phone (619) 420-6602 Fax Phone (619) 420-1269 17 3-29 7. General Duties: CHULA VISTA CONVENTION AND VISITORS BUREAU The general purpose of this duty shall be to promote the City of Chula Vista and Chula Vista visitor destinations, meeting facilities, tourism and related businesses ("Promotion Services"). The Chamber will include in its operations a division known as the Chula Vista Convention and Visitors Bureau ("Bureau") to provide Promotion Services. This division will conduct advertising and marketing campaigns for the Bureau and have an advisory committee, appointed by the Chamber Board. The City shall be a member of said committee. Advisory participation on this committee shall be open to all interested parties, regardless of membership in the Chamber. Said open participation shall not preclude fund raising activities or fees for member and/or patron listings. VISITOR AND TRANSIT INFORMATION SERVICES AT THE CENTER The Chamber shall also provide Information Services, as more particularly described in this Agreement at the Center and Main Office for the benefit of the City of Chula Vista, the South Bay Region and visitors to the County. The Chamber has a duty to operate the Center and provide public services as specified in this Agreement. Although portions of this Agreement have certain aspects of a lease, the parties agree that this is primarily a services agreement and it is not a lease. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Duties Applying to Both Informational and Promotional Services (1) In general The Chamber shall respond to all walk-in, phone and mail inquiries received making reasonable and appropriate requests for information by the Chamber from individuals, groups, businesses, news media, etc., and persons referred by the City. Responses shall be accurate, complete, cooperative and promote goodwill on behalf of the City. Responses shall be made in a timely manner. Walk-in and phone inquiries shall be responded to as they are received unless additional research is required. Mail inquiries shall be responded to within three (3) working days after the receipt of such inquiries, unless extensive research is required. (2) Staffmg The Chamber shall employ qualified competent staff who are neatly dressed and courteous at all times. The Chamber shall be encouraged, but not required, to schedule a minimum of two employees to provide Center services - although, an 18 3-30 adequate number of personnel must be scheduled so that Permitted Commercial Activities do not significantly interfere with the primary responsibility of providing Information Services. The Chamber shall also provide an adequate number of personnel who are qualified and competent at the Main Office to provide Information Services during Main Office business hours. (3) Training The Chamber shall provide adequate training to ensure that personnel are able to respond to inquiries about transit and areas of interest from members of the public and to promote visitor-serving attractions and facilities in Chula Vista. The Chamber shall also provide adequate safety training, as determined by the City, to ensure that personnel safely maintain the Center. a. Extensive Knowledge. Center, Main Office, and CONVIS staff must have extensive knowledge of and be capable of disbursing complete and accurate information about the following: 1. Chula Vista - including but not limited to, street locations, major hotels / motels, restaurants, visitor attractions, government offices, Chula Vista Nature Center, and major shopping areas. ii. Transit information - including but not limited to, Trolley schedules, prices, and stops, and Chula Vista Transit bus schedules and routes. iii. San Diego County visitor attractions - including, but not limited to Sea World, San Diego Zoo and Wild Animal Park, Horton Plaza, airport, Gaslamp Quarter, Mission Bay, beaches and other attractions, along with applicable admission prices, hours of operation and directions. b. Adequate knowledge. Center, Main Office, and CONVIS staff must have an adequate general knowledge of and be capable of dispensing general information about the following: 1. Northern Baja, Mexico - including but not limited to major highways, cities, insurance requirements, major hotels/motels, restaurants, shopping areas, major visitor attractions, and written information from governmental agencies regarding duty and visa regulations. ii. Southern Califomia - including but not limited to major highways, cities and visitor attractions. 19 3-31 c. Visitor Services. Chamber shall provide information (e.g. locations, schedules, directions, applicable fees), on topics including, but not limited to the following: Community clubs and organizations Local events - parades, displays, seasonal promotions Chula Vista Nature Center U.S. Olympic Training Center Coors Amphitheatre Knott's Soak City Street Information - directions, locations, closures, detours, etc. Lodging facilities Transit Airports and Trains Medical, Professional and real estate offices Business Referrals Meeting Rooms Government services/officials and referrals to appropriate departments Churches and other places of worship Schools, including colleges and universities Museums, historical and cultural sites Mexico - information on tourist cards, parking, etc. Tourist attractions Recreational sites, parks, picnic areas, and beach information Newspaper and local publications RV parking/mobile home parks Chula Vista demographics (e.g. population, housing) d. Chula Vista Promotion. In an effort to promote Chula Vista, the Chamber shall always provide information on those businesses, facilities, and attractions in Chula Vista which pertain to the person's inquiry. The Chamber shall also suggest businesses, facilities or attractions which the Chamber believes may be of interest to a visitor. (4) City Image Enhancement The City, as a public entity, is concerned about the image portrayed and services provided by the Chamber and its personnel. The City shall have the right to inform in writing, the Chamber of actions by the Chamber or the Chamber's personnel, which do not conform with the image the City desires to have portrayed. This includes providing complete and accurate Promotion Services and Information Services and presenting a neat, clean, responsive, and friendly image of the City. The Chamber shall take all necessary steps to ensure that its actions project the image desired by the City as directed from time to time. 20 3-32 (5) Standard Information The Chamber shall develop and utilize standardized packages of information for responding to general inquiries about Chula Vista as a visitor destination and for new or potential residents of the City. Such packages shall be maintained with current information and shall meet with the approval of the City. The packages may be used, but shall not be deemed solely adequate, for inquiries, making reasonable, specific requests for information not routinely included in the packages. (6) Referrals - Other Agencies For inquiries beyond the expertise of the Chamber, referrals may be made to more appropriate entities. A tally of the number of inquiries referred to other entities, including date of inquiry, type of inquiry (walk-in, phone or mail), entity referred to, and subject of inquiry shall be recorded and reported in the quarterly summary to the City. The Chamber will provide the name and address of the person or business making the inquiry, if appropriate. (7) Referrals - Businesses Responses to inquiries shall show no preferential treatment to Chamber members or any other group or individual persons or businesses. Wherever possible, however, referrals to businesses shall be made to businesses in the City of Chula Vista. Referrals shall be rotated among businesses qualified to provide the service or services requested. The Chamber shall coordinate with the City's Community Development Department on responses to significant business relocation inquiries. (8) Information The Chamber shall exercise care in ensuring the Center has new, pertinent information as it arises, such as special events, lists of visitor-oriented businesses and attractions. As part of this effort, the Chamber shall include the Center on the Chamber's mailing list. Furthermore, the Chamber shall keep updated information at the Center and the Main Office and maintain a website containing said information ("Website"). (9) Free Services The Chamber shall not charge the public a fee for providing services unless specifically approved in writing by the City. City maps will be sold to the City at cost, and sold at the Center and Main Office for no more than cost plus 15% to the general public. Notwithstanding this prohibition, fees charged by credit card companies for may be passed along to the purchaser. 21 3-33 Promotion Services and the Chula Vista Convention and Visitors Bureau (1) Marketing and Promotion Chamber shall hire adequate marketing staff ("CONVIS staff") to coordinate an advertising and marketing campaign for the Chula Vista Convention and Visitors Bureau ("Bureau"). In addition, CONVIS staff will oversee Center operations and the sale and display of advertising therein. Incidental Chamber support and liaison by CONVIS staff would be anticipated by this Agreement. (2) Distribution of Visitor Brochure and Nature Center Brochure. Chamber shall distribute and place Brochures specified by the City at all major brochure racks in San Diego County, including but not limited to those at airports, cruise ship terminals, bus and train stations, hotels, motels, visitor centers and convention centers. (3) Design and Printing of Brochures At City's request, Chamber shall design and print the brochures, flyers, and/or other publications that focus on promoting Chula Vista and its attractions - such as general visitor brochures or folders, calendar of events, dining and lodging guide, attraction coupon and golf course flyer. The Chamber shall exercise its best efforts to have the costs for the design and/or printing of these publications (i.e. dining and lodging guide) fully or partially reimbursed by the promoted attractions. Any deficit in production costs shall be paid for by Chamber. (4) Advertising The Chamber shall also be encouraged to engage in cooperative advertising campaigns, with participation by the City and by local visitor-oriented businesses. The maximum City and Chamber participation via this Agreement in any such cooperative advertising shall be 60% of the cost of advertising production and placement. The other 40% of advertising expenses shall be borne by the local participants. Such cooperative advertising shall be open to all visitor-oriented Chula Vista businesses, regardless of membership in the Chamber. For those items that would entail graphic or display design (e.g. Advertising, Visitor Brochure, Chula Vista display at the U.S. Olympic Training Center, etc.), the Chamber shall work with City on initial design concepts and obtain the prior written design approval of the City's Community Development Department and Office of Communications. Said approval shall be in addition to any other required design review or other discretionary City approvals. 22 3-34 (5) Specific Promotional Activities As part of this Agreement, the Chamber shall also perform these specific promotional activities: a. Hold at least three meetings per year for the operators of hotels and motels in Chula Vista. Adequate written notice of the time, place and subject matter of these meetings shall be provided (at least 30 days prior to such event). At these meetings, the Chamber and lodging providers will work on develop marketing strategies and communicate ways to improve their businesses and stature within the community. b. Promote and market the City and the following visitor-serving attractions at industry trade shows: 1. Restaurants ii. Shopping iii. Arts and cultural activities iv. Golf v. Local history VI. Libraries vii. Parks and recreation facilities viii. Entertainment venues Information Services - Visitor Information and Transit Center (750 E Street) The Chamber shall operate a first-class Visitor Information Center according to the following standards for the term of this Agreement as same may be from time to time extended. (I) Hours of Operation The Chamber shall operate the Center at least eight and one-half hours per day on weekdays and seven and one-half hours per day on Saturday, and shall be closed on all weekends and major holidays. Operating hours shall be 8:00 am to 4:30 pm on weekdays and 8:30 am to 4:00 pm on Saturdays, subject to amendment by separate written Agreement of the Chamber and City Contract Administrator. (2) Transit Passes The Chamber will make available for sale to the public, transit passes issued by the Metropolitan Transit System (MTS) and Chula Vista Transit. The Chamber will also make change for transit fares as requested by the public to the extent feasible. 23 3-35 (3) Precedence of Services Commercial activities, promotion and/or referrals shall not interfere with the Chamber's ability to provide free, reliable, complete and true information in response to requests from public users of the Center. (4) Signage The Chamber may be required to post a "Free Visitor Information" sign at each of the three entrances to the Center or at the counter. Size and design of the sign will meet with the approval of the City. The cost of supplying and installing any such signs(s) shall be borne by the City. (5) The Chamber is prohibited from erecting or creating any signs on the Center that are visible from the outside or in any area within the jurisdiction of the City without prior written approval of the City. Interior signage or advertising is subject to the City's approval. (6) Display Advertising The Chamber shall be permitted to sell display advertising space, which shall be limited to the Dura Trans Board. Display advertising on surfaces other than windows is limited to those areas indicated on the Design Layout as herein defined and as it may be modified with the City's Approval. (7) Wall Space Except as provided herein or otherwise approved by the City, interior and exterior wall space will be posted only with public service information consistent with material identified in this Agreement. Display material supplied or approved by the City designed to promote visitor attractions in ChuIa Vista may also be posted on walls. (8) Information Counter Display of retail merchandise on the information counter top shall not significantly interfere with its ability to be seen and used for providing Information Services. Display or additional retail merchandise behind the counter shall present a neat, uncluttered appearance. (9) Pay Phone The Chamber shall be required to maintain at least one public pay phone at the Center. 24 3-36 (10) Restroom Access Due to health and safety concerns there are no public restrooms at the Center, although the City reserves the right to allow MTS and Chula Vista Transit bus drivers to have access to the Center's restrooms, with said access only being through the exterior restroom doors. Exterior doors to the restrooms shall be locked when not being utilized by Center or transit employees. Interior doors opening into the restrooms shall be locked when the Center is closed - i.e., transit employees will only be provided keys to the exterior doors. (11) Compliance with the Law Operation of the Center shall comport with all local, state, and federal laws and regulations, including but not limited to, those provisions of the Chula Vista Municipal Code ("CVMC") relating to the sale of adult materials (as defmed in CVMC ~ 19.04.007) and the County of San Diego Health Department's regulations relating to food sales and consumption. (12) Center Design Layout The Chamber agrees to maintain the current layout of the Center ("Design Layout") which includes a color scheme, theme, lighting, and physical location of furniture, fixtures and equipment such as tables, chairs, racks, shelves, vending machines, display advertisements, etc. The City will work with the Chamber and a space designer (to be provided by the City) to make any changes to the Design Layout necessary for improving Americans with Disabilities Act (ADA) access, improving City image, and improving Information Services and retail revenue. Approval will be subject to all City rules and regulations, including but not limited to Design Review. City may terminate any use in the interior of the Center or layout of the interior facilities, which it finds objectionable; and the Chamber is prohibited from use or decoration of the exterior areas without the advance written approval of the City. The Chamber shall not make any structural improvements or changes to the Center except in accordance with the Design Layout, which has been reviewed and approved by the City. The Chamber's operation of the Center will conform to the approved Design Layout. Any changes to the approved Design Layout must have prior approval of the City. The Chamber shall maintain displays in the Center, including, but not limited to, the following: 25 3-37 a. One bulletin board of community activities of a size and design acceptable to the City. The Chamber shall insure that current information concerning upcoming special events within Chula Vista are displayed at all times. b. Display map of the City ofChula Vista; c. Display stand of scenes of Chula Vista; d. Display space on the information counter for brochures designated by the City about Chula Vista attractions. The Chamber will further provide space for transit brochures designated by the City in a location mutually agreeable to the parties; and e. At least one fully stocked brochure rack in the lobby area of the Center containing brochures, which provide information on the major visitor attractions in Chula Vista and San Diego County. (13) Maintenance, Repairs, Utilities and Improvements of the Center: a. Regular Maintenance The Chamber shall operate the Center in a safe and reasonable manner. The Chamber shall be responsible for keeping the interior and exterior of the Center free of trash and in good order and condition. This includes, but is not limited to, the vending machine area and private restrooms. Cleanliness, repair and maintenance shall be done to the City's satisfaction. Restrooms will be cleaned at least once per day. The Chamber shall provide restroom supplies such as toilet paper and paper towels. The Chamber shall be responsible for all costs and supplies necessary for the proper cleaning of the interior of the Center, including graffiti removal that does not require painting, and minor maintenance such as replacing interior light bulbs. The Chamber shall be responsible for the professional cleaning of the interior floors and vending machine area floor at least once every three months using professional equipment and/or personnel. The Chamber shall be responsible for maintenance of the exterior advertising panels, steam cleaning of the exterior patios and walkways of the Center when needed, trash pick-up and removal, and exterior ashtray cleaning. 26 3-38 b. Facility Repairs The City shall be responsible for repairing and maintaining the exterior of the Center. This responsibility extends to, but is not limited to, the interior, the roof, exterior walls, landscaping, and exterior graffiti removal. The City shall be responsible for repairing and maintaining all permanent interior improvements to the Center. Said improvements shall include, but not limited to, plumbing, utility systems, windows, fixtures, painting, and wall coverings. c. Emergency Repairs The City authorizes the Chamber to make emergency repairs of up to $500 for items the City is responsible for repairing and maintaining. Emergency repairs include but are not limited to broken windows and roof leaks. The City will reimburse the Chamber for reasonable costs up to $500 for such necessary emergency repairs within sixty (60) days of submitting an invoice to the City's Contract Administrator. d. Negligence Notwithstanding the foregoing subsections, the Chamber will be responsible for all repairs required as a result of negligence of the Chamber or the Chamber's employees. Costs of said repairs shall not be deemed "Applicable Operating Expenses." e. Utilities The City shall be responsible for all water, sewer, and electricity utility costs associated with the use of the Center, including the restrooms. The Chamber shall be responsible for all trash disposal, alarm service and telephone costs. Telephone billing records and long distance charges shall be subject to review and audit by the City. f. Improvements and Personal Property; Title upon Termination Unless otherwise provided in writing by both parties, all improvements to the Center shall be the responsibility of the City, and upon termination of this Agreement, all improvements to the Center (regardless of who performed improvement), all inventory and all personal property remaining on the Center shall be deemed to be the property of City. 27 3-39 (14) Right to Inspect Operations The City Contract Administrator shall have the right to enter the Center, inspect same and review the operations of the Chamber under this Amended Agreement at any time during the term of this Agreement. (15) Evaluation of Visitor Center Location Chamber and City shall meet to evaluate the location of the Visitor Center and make a recommendation to the City Manager by January 1,2009. Information Services - Chamber's Main Office (223 Fourth Avenue) and Off-Site In recognition of the fact that not all services can be solely performed at the Center, due primarily to the walk-in oriented business attracted to the Chamber's Main Office, the Chamber shall continue to provide limited General Information Services for the City at its Main Office. The Chamber shall also continue to represent the City at selected trade shows, work with the City's economic development staff to obtain materials and displays, as appropriate, and represent the City at selected special events to promote the City to visitors and enhance its regional image. (1) Main Office Services - Hours of Operation Chamber staff shall be available to provide Main Office Services Monday through Friday from 9:00 am to 5:00 pm, except for New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day. Holidays cited above falling on a Saturday will be observed on Friday. When a holiday occurs on Sunday, it will be observed on the following Monday. (2) Consolidation of Services Where possible and practical, the Chamber shall endeavor to consolidate Main Office service with that provided at the Center. Efforts to consolidate shall include, but not be limited to, White Pages listing of the Center phone number and site as the Chamber's "General Information/Tourism" contact and review of phone and mail handling procedures. 28 3-40 Performance Meetings and Minor Amendments to Agreement The Chamber and City shall meet on at least a quarterly basis to review items including, but not limited to: quarterly reports, scope of services, hours of operation, permitted commercial activities, Design Layout, and scope and consolidation of Main Office Services. The Chamber and City Contract Administrator may, in a separate addendum to this Agreement, amend the scope of services or operating conditions relating to: form and content of quarterly reports, hours of operation, permitted commercial activities and Design Layout. Any other changes shall be subject to a formal written amendment approved by the City Council. B. Date for Commencement of Chamber Services: ( ) Same as Effective Date of Agreement (x) Other: Januarv 1.2008 C. Dates or Time Limits for Delivery of Deliverables: June 30, 2008 D. Date for completion of all Chamber services: June 30, 2009 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance (x) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Chamber: A. Duty to Make Center Available for the Use and Occupancy of the Chamber City agrees to make the Center available to the Chamber in order to provide the Information Services and Promotion Services herein required, and to conduct such other collateral uses herein permitted, which availability shall be to the exclusion of all other commercial uses of the Center. The Chamber has no independent right to occupy the Center except to provide its duties outlined in this Agreement. 29 3-41 B. . Duty to Allow the Chamber to Conduct Certain Commercial Activities (1) Permitted Commercial Activities On the terms and conditions herein specified, including accordance with the approved Design Layout, the Chamber shall have the right, and City shall permit the Chamber, to conduct the following commercial activities or sales at the Center: Transit tickets and passes Phone Cards ATM Services Pay Phone Services "Chula Vista": T-shirts, Hats; Bumper Stickers; Key Chains; Buttons; Pens; Pencils; and Postcards Film, Flashbulbs and Batteries Maps/ Guide Books Mexican Auto Insurance Newspapers and Magazines Travelers Checks/American Express services Soft Drinks/ Coffee Candy/ Gum! Ice Cream/Snack Foods Sunglasses Suntan Lotion/Chap Stick/First Aid items - such as pain relief medicines Postage Stamps Kleenex/Pocket Combs Lottery Tickets Tour and Excursion Tickets Video/ vending machines Display advertising space as permitted herein The sale of products or services not listed above is subject to the City's approval. Such approval shall not be unreasonably withheld, but shall be consistent with the approved Design Layout. II. Compensation: A. (x) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Chamber as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: 30 3-42 (1) Single Fixed Fee Amount for the remainder of Fiscal Year FY 08: $53,503.50, payable as follows: Promotion Services & Center Information Services: $46,815.50; payable in two quarterly increments of $23,407.50. Main Office Information Services: $6,688.00; payable in two quarterly increments of $3,344.00 (2) Single Fixed Fee Amount for Fiscal Year FY09 $119,007, payable as follows: Promotion Services & Center Information Services: $104,131.12; payable in four quarterly increments of $26,032.78, Main Office Information Services: $14,875.88; payable in four quarterly increments of$3,718.97. This Single Fixed Fee Amount for FY09 is contingent upon the appropriation of such funds by City Council and the execution of an option to renew. For purposes of computing net profits, monies received from the San Diego County Co=unity Enhancement Program or the San Diego Unified Port District for the Visitor Center Chula Vista Convention and Visitors Bureau would not be counted as Visitor Center revenues. ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. () Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deli verables set forth. Consultant shall not co=ence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis 31 3-43 for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. () Hourly Rate Arrangement For performance of the Defmed Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defmed Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to (" Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate 32 3-44 () Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 13. Contract Administrators: City: Craig Ruiz, Principal Economic Development Specialist City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5248 Chamber: Lisa Cohen, CEO, Chula Vista Chamber of Commerce 233 Fourth Avenue Chula Vista, CA 91910 (619) 420-6602 14. Liquidated Damages Rate: ( )$_perday. (x) Other: None 33 3-45 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (x) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No.1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: As approved in advance by the City and corresponding to the terms of this Agreement. Sub-contractors may provide: - Mexican Insurance - Indoor A TM Machine 34 3-46 - Pay Phone - Soft drink and snack vending machines Any revenues derived from these contracts shall be include the totals for Gross Sales. Ifphysical changes to the Center, Design Layout or grounds are needed to accommodate these types of sub-contractors, the Chamber must receive written approval in advance from the City. 17 Bill Processing: A) Consultant's Billing to be submitted for the following period of time: ( ) Monthly (x) Quarterly Paid in advance. $26,751.75 For FY 08 Fourth Quarter; beginning April I, 2008: $26,751.75 For each quarter ofFY 09 $29,751.75 ( ) Other: B) Day of the Period for submission of Consultant's Billing x) First of the Month 35 3-47 ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C) City's Account Number: 18 Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ (x) Other Security: Type: In lieu of providing a security deposit or bond, the Chamber hereby agrees that compensation for it services provided under this Agreement may be withheld in payment for, and in proportion to, any repair or maintenance work required as a result of Chamber's failure to maintain the Center in accordance with Exhibit A, Paragraph 9, section C(13). Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: _% ( ) Retention Amount: $ ( ) Other: Retention Release Event: ( ) Completion of All Consultant Services 3-48 Page 36 P1 CITY COUNCIL AGENDA STATEMENT 2/05/08, Item 1f- SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND AWARDING A CONTRACT FOR THE "ROHR PARK BREAK ROOM (PR 274) CIP PROJECT" TO F AMANIA CONSTRUCTION INC. IN THE AMOUNT OF $34,073 DIRECTOR OF ENGINEERING AND GENERAL SERVICES~1 /' CITY MANAGER "7/ -kr IJrz br \~ ASSISTANT CITY MANAGER ~ 4/5THS VOTE: YES 0 NO [8J ITEM TITLE: BACKGROUND Per section 1009 of the City's Charter, the Director of Engineering and General Services, in an effort to secure competitive prices from interested contractors, invited ten contractors to submit informal bids for the construction of improvements to the Rohr Park Break Room. The final date for submittal of informal bids was December 19, 2007. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060 (c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The scope of work primarily includes the rehabilitation of the park employee break room consisting of modernizing the two bathrooms, kitchen area, flooring and lighting. All of these building 4-1 2/05/08, Item P 2 Page 2 of 3 elements have deteriorated significantly and the City would likely need to close this facility without these improvements. Engineeering and General Services staff prepared plans and specifications for the Rohr Park Employee Break Room Renovation Project. Five local contractors were invited to submit bids and three submitted informal proposals for the Project (PR-274). The three bids proposals received were from the following companies: Famania Construction Inc. 3241 Olive Street National City, Ca. 91950 Fleetwood Construction Inc. 1416 Hoover Avenue National City Ca. 91950 Merz Construction Company 646 Grand Ave Spring Valley Ca. 91977 Bid Results Bids from the contractors were received as follows (Bids sorted by bid amounts): Contractor Famania Construction Merz Construction Fleetwood Construction Base Bid $34,073.00 $37,819.00 $39,590.00 Staff thoroughly reviewed all bids and it was determined that the lowest bidder for the project did meet the "Bid Proposal" requirements. The lowest responsive bid for the project was submitted by Famania Construction, Inc. Their contractor's license is clear and current. Staff has reviewed the bid and is recommending awarding the contract to Famania Construction, Inc in the amount of $34,073. Wage Statement The funding for this project is the Residential Construction Tax Fund (RCT), thus, prevailing wage is not required. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. 4-2 2/05/08, Item_ P3 Page 3 of 3 FISCAL IMPACT There is no impact to the General Fund as there are sufficient funds in the project necessary for completion. A breakdown of project costs is as follows: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount B. Contingencies (10%) C. Staff Costs (Design, Project Management and Construction Inspection) and City Oversight $34,073 $ 3,407 $ 9,000 TOTAL FUNDS REQUIRED FOR CONSTRUCT $46,480 FUNDS AVAILABLE FOR CONSTRUCTION Residential Construction Tax TOTAL FUNDS AVAILABLE FOR CONSTRUCT $46,480 $46,480 Prepared by: Richard Thompson, Sr. Building Projects Supervisor, Engineering and General Services Department J:\General Services\GS Administration\Council Agenda\PR274 Rohr Park\PR274 Agenda Rev.m1.doc 4-3 P4 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS AND AWARDING A CONTRACT FOR THE "ROHR PARK BREAK. ROOM (PR 274) CIP PROJECT" TO FAMANIA CONSTRUCTION, INe. IN THE AMOUNT OF $34,073 WHEREAS, Engineering and General Services staff prepared plans and specifications for the Rohr Park Employee Break Room Renovation Project; and WHEREAS, the scope of work includes the rehabilitation of the Rohr Park employee break room and the modernization of the two bathrooms, kitchen area, flooring, and lighting; and WHEREAS, pursuant to Chula Vista Charter Section 1009, five local contractors were invited to submit bids and three bids were received as follows: Contractor Famania Constmction Merz Constmction Fleetwood Constmction Base Bid $34,073 $37,819 $39,590 WHEREAS, staff thoroughly reviewed all bids, and the lowest responsive bid for the project was submitted by Famania Constmction, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts informal bids and awards a contract for the "Rohr Park Break Room (PR 274) CIP Project" to Famania Constmction, Inc. in the amount of$34,073. Presented by: Approved as to form by: Jack Griffin Director of Engineering and General Services .Jj~ tL ;;,~;;6;: k-, Ann Moore ~ City Attorney 4-4 CITY COUNCIL AGENDA STATEMENT 2/5/08, Item 6 SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SIDEWALK IMPROVEMENTS NORTH SIDE OF ORANGE A VENUE BETWEEN THIRD A VENUE AND CONNOLEY AVENUE, SOUTH SIDE OF L STREET BETWEEN HILLTOP DRIVE AND COUNTRY CLUB DRIVE IN THE CITY OF CHULA VISTA (CIP NO. STL-318)" PROJECT TO FOX CONSTRUCTION IN THE AMOUNT OF $76,307.60 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES IN THE PROJECT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING INTERPROJECT TRANSFERS FROM EXISTING CAPITAL IMPROVEMENT PROJECT "ADA PEDESTRIAN RAMPS (STL-334)" TO STL-318 AS NECESSARY TO COMPLETE THE PROJECT DIRECTOR OF EN)!jGING AND GENERAL SERVICES~ CITY MANAGER ASSISTANT CITY ANAGER <=;;.~ 4/5THS VOTE: YES [g] NO D ITEM TITLE: REVIEWED BY: BACKGROUND On January 16, 2008, the Director of Engineering and General Services received sealed bids for the "Sidewalk Improvements North Side of Orange Avenue between Third Avenue and Conno1ey Avenue, South Side ofL Street between Hilltop Drive and Country Club Drive in the City of Chu1a Vista, California (CIP No. STL-318)" project. The work consists of the installation of sidewalk improvements at two locations. Work also includes the installation of a retaining wall, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (c) [Existing Facilities] of the State CEQA Guidelines. Additionally, the Environmental Review Coordinator has also 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 ,..-:" I '?- . 2/5/08, Item~ Page 2 of 4 Section 24 of the Code of Federal Regulations 58.35 (a) subsection I [Acquisition, repair, improvement, reconstruction or rehabilitation of Public Facilities] as implemented by the Housing and Urban Development Department (BUD). Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Included in the FY2007 -08 CIP Budget is a project for the installation of sidewalk improvements in the City of Chula Vista. The scope of work for this project includes the installation of sidewalk improvements along the north side of Orange A venue, between Third A venue and Connoley Avenue and along "L" Street, between Hilltop Drive and Country Club Drive. Installation of sidewalks at these locations will complete the pedestrian walkways for these major roadways in order to meet ADA requirements. Supplemental funding shall be obtained through an interproject transfer from the "ADA Pedestrian Ramps (STL-334)" project. The total funding amount of$141,569.12 consists of the following: $76,307.60 is proposed to be awarded to the contractor, $3,000.00 shall be used for soils and pavement testing, $46,000.00 for City staff time (survey, inspections, and design), and contingencies in the amount of$15,261.52 (20% of contract award). The work consists of the installation of sidewalk improvements, retaining walls, traffic control, other miscellaneous work, and all labor, material, equipment, and incidentals necessary for the proj ect. According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract change order aggregate amount that may be authorized by the Director of Public Works under the policy, then City Council approval is required. The Director of Public Works' change order authority for this project under Policy No. 574-01 is $7,630.76. However, approval of the proposed resolution will increase the Director of Public Works authority to approve change orders as necessary up to the contingency amount of $15,261.52 (an increase of $7,630.76) and authorize staff to expend all available contingencies and to increase the value of the contract as necessary due to unforeseen circumstances. Unforeseen circumstances (i.e. poor sub grade, utility conflicts, etc.) may cause an increase in quantities beyond what was anticipated during the preparation of the proj ect specifications. Project Design staff has prepared specifications and advertised the project. Sixteen (16) contractors purchased copies of the bid documents. Staff received and opened twelve (12) bids on January 16, 2008. The following bids were received: 6-2 2/5/08, Item~ Page 3 of 4 CONTRACTOR 1. Fox Construction, San Die 0, CA 2. Tri-Group Construction & Development Co., Poway, CA 3. MJC Construction, Inc., Bonita, CA 4. Team C Construction, E1 Ca"on, CA 5. HT A En ineerin & Construction, Inc., Powa ,CA 6. A.B. Hashmi, Inc., Oceanside, CA 7. Portillo Concrete, Inc., Lemon Grove, CA 8. Koch-Armstrong General Engineering, Inc., Lakeside, CA 9. New Centu Construction, Inc., Lakeside, CA 10. Zondiros Co oration, San Marcos, CA 11. Heffler Com an ,Inc., National Ci , CA 12. Palomar Gradin & Pavin , Inc., Escondido, CA Bm AMOUNT $76,307.60 $97,956.00 $99,334.00 $99,870.40 $100,233.00 $104,254.00 $107,036.00 $108,713.00 $121,656.00 $128,054.00 $149,364.00 $163,441.48 The low bid submitted by Fox Construction of San Diego, CA is below the Engineer's estimate of $100,000 by $23,692.40 (or 24% below the Engineer's estimate). Staff has verified the references provided by the contractor and their work has been satisfactory. Disclosure Statement Attachment 1 is a copy of the contractor's Disclosure Statement. Wage Statement The source of funding for this project is CDBG funds. Contractors bidding this project are required to pay prevailing wages to persons employed by them for all work under this project and to adhere to Labor Compliance requirements. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT A. B. C. FUNDS REQUIRED FOR CONSTRUCTION Contract Amount Contingencies (20% of contract) Staff Time Cost (approx 35% of total): $50,000.00 Construction Inspection (14%) Design/Construction Management (18%) Survey Work (0.7%) P1anning/Environmenta1fTraffic/Landscape/Public Works (0.7%) Soil Testing (2%) TOTAL FUNDS REQUIRED FOR CONSTRUCTION $76,307.60 $15,261.52 $20,000.00 $25,000.00 $1,000.00 $1,000.00 $3,000.00 $141,569.12 5-3 2/5/08, Ite~ Page 4 of 4 FUNDS AVAILABLE FOR CONSTRUCTION A. CDBG $85,000.00 B. Interproject transfer from STL-334 $60,000.00 CDBG TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $145,000.00 Staff is recommending an interproject transfer from STL-334 to STL-3l8 in the amount of $60,000 as necessary to complete the project. Upon completion ofthe project, the improvements will require only routine City street maintenance. ATTACHMENTS 1. Contractor's Disclosure Statement Prepared by: Jeff Moneda, Sr. Civil Engineer, General Services Department M:\General Services\GS Administration\Council Agenda\STL-318 Sidewalk Installation\STL-318 Award AI13.jcm.doc 5~4- ATT,\,::~,lENT I Of'" "- 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 Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, su contractor, material supplier. 2. If any person' identified ursuan to (1) a ove is a corpor . on or partnership, list the names of all individuals with a $2000 nveslm nt in th business (corp ration/partnership) entity. 3. If any person' identified pursuant to (1) above is a on-pr to 'zation ortrus!, list the names of any person serving as director of the non-profit or anization 0 as trustee r beneficiary or trustor of the trust. 4. Please identify every person, including any gents, employees, consultan ,or independent contractors you have assigned to represent you before he City in this matter. 5. Has anyperson* associated with this contract had any financial dealings with an official"'''' of the City ofChula Vista as it relates to this contract within the past 12 months? Yes_No_ 46 ,-- r"- '? j If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of mOre than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No _ Yes _ ffyes, which Council member? HYes, which offici ., a d what as the n name of Tntractor/APPlicant 7. Have you provided mo than 340 (or an it m of equivalent va e) to an official" of the City of Chula Vista in the s twelve 12) mont ? (This includes ing a source of income, money to retire a legal debt gift loan, e c.) Yes No Date: /-/6 -DB , Person is defined as: any individual, Ii co-partnership, joint venture, association, social club, fraternal organization, corporation, es ate, trust, receiver, syndicate, any other county, city, municipality, district, or other political ubdivision, -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 Oty, employee, or staff members. 47 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SIDEWALK IMPROVEMENTS NORTH SIDE OF ORANGE A VENUE BETWEEN THIRD AVENUE AND CONNOLEY A VENUE, SOUTH SIDE OF L STREET BETWEEN HILLTOP DRIVE AND COUNTRY CLUB DRIVE IN THE CITY OF CHULA VISTA (CIP NO. STL-318)" PROJECT TO FOX CONSTRUCTION IN THE AMOUNT OF $76,307.60 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES IN THE PROJECT WHEREAS, on January 16, 2008, the Director of Engineering and General Services received sealed bids for the "Sidewalk Improvements North Side of Orange Avenue between Third Avenue and Conno1ey Avenue, South Side ofL Street between Hilltop Drive and Country Club Drive in the City ofChu1a Vista, California (CIP No. STL-3l8)" project; and WHEREAS, work consists of the installation of sidewalk improvements at two locations; and WHEREAS, the work for this project also includes the installation of a retaining wall, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project; and WHEREAS, the City received 12 bids as follows: CONTRACTOR BID AMOUNT 1. Fox Construction, San Diego, CA $76,307.60 2. Tri-Group Construction & Development Co., Poway, CA $97,956.00 3. MJC Construction, Inc., Bonita, CA $99,334.00 4. Team C Construction, El Cajon, CA $99,870.40 5. HTA Engineering & Construction, Inc., Poway, CA $100,233.00 6. A.B. Hashmi, Inc., Oceanside, CA $104,254.00 7. Portillo Concrete, Inc., Lemon Grove, CA $107,036.00 8. Koch-Armstrong General Engineering, Inc., Lakeside, CA $108,713.00 9. New Century Construction, Inc., Lakeside, CA $121,656.00 10. Zondiros Corporation, San Marcos, CA $128,054.00 11. Heffler Company, Inc., National City, CA $149,364.00 12. Palomar Grading & Paving, Inc., Escondido, CA $163,441.48 H:\ENGINEER\RESOS\Resos2008\02-0S-08\STL318 Reso for Award.doc 5.7 Resolution No. 2008- Page 2 WHEREAS, the low bid submitted by Fox Construction of San Diego, CA is below the Engineer's estimate of $100,000 by $23,692.40 (or 24% below the Engineer's estimate). Staff has verified the references provided by the contractor and their work has been satisfactory; and WHEREAS, City Council authorizes the Director of Public Works Operations' authority to approve change orders as necessary up to the total funding available. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accept bids and award contract for the "Sidewalk Improvements North Side of Orange Avenue between Third Avenue and Connoley Avenue, South Side of L Street between Hilltop Drive and Country Club Drive in the City of Chula Vista, California (CIP No. STL-318)" project to Fox Construction in the amount of $76,307.60 and authorizing the expenditure of all available contingencies in the project. Presented by: Approved as to form by: Jack Griffin Director of Engineering and General Services H:\ENGrNEER\RESOS\Resos2008\02-05-08\$TL318 Reso for Award.doc ,~ i.r~, "J j"L RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING INTERPROJECT TRANSFERS FROM EXISTING CAPITAL IMPROVEMENT PROJECT "ADA PEDESTRIAN RAMPS (STL-334)" TO STL- 318 AS NECESSARY TO COMPLETE THE PROJECT WHEREAS, on January 16, 2008, the Director of Engineering and General Services received sealed bids for the "Sidewalk Improvements North Side of Orange Avenue between Third Avenue and Connoley Avenue, South Side ofL Street between Hilltop Drive and Country Club Drive in the City ofChula Vista, California (CIP No. STL-3l8)" project; and WHEREAS, unforeseen circumstances (i.e. poor subgrade, utility conflicts, etc.) may cause an increase in quantities beyond what was anticipated during the preparation of the project specifications; and WHEREAS, staff recommends an interproject transfer from CIP "ADA Pedestrian Ramps (STL-334)" to CIP No. STL-3l8 in the amount of $60,000 to complete the project; and WHEREAS, City Council authorizes the Director of Public Works' authority to approve change orders as necessary up to the total funding available. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista authorize interproject transfers from existing Capital Improvement Project "ADA Pedestrian Ramps (STL-334)" to STL-3l8 of $60,000 to complete the project. Presented by: Approved as to form by: Jack Griffin Director of Engineering and General Services H:\ENGINEER\RESOS\Resos2008\02-0S-08\STL318 Second Reso for Intcl1lroject TransFer-REV ,doc 0-C) CITY COUNCIL AGENDA STATEMENT 2/05/08, Item ~ SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "SUNSET VIEW PARK ROLLER HOCKEY ARENA (PR303)" FOR ADDITIONAL SAFETY NETTING AND APPROPRIATING FUNDS THEREFOR. DIRECTOR OF ENGINEERING AND GENERAL SERVICES~.~ . CITY MANAGER "7 T ..l<,.. i> tee;, " J . ASSISTANT CITY MANAGER <<7") 4/5THS VOTE: YES ~ NO 0 ITEM TITLE: BACKGROUND In March 2005, the City of Chula Vista dedicated and opened for public use, Sunset View Park, a 10-acre turnkey neighborhood park constructed by the Eastlake Company in partial satisfaction of the parkland obligation for the Eastlake Greens subdivision. The park includes an Otay Water District (OWD) below grade reclaimed water reservoir and associated facilities. City of Chula Vista staff, the Eastlake Company staff and OWD staff along with respective consultants then worked together to develop a Park Master Plan to realize an effective development of the park along with the OWD facilities. The Sunset View Park Master Plan was presented and approved by the City Council on May 1, 2001. The Master Plan included development construction of two soccer fields, tennis and basketball courts, play areas, a comfort station, covered picnic areas and an outdoor roller hockey arena. The roller hockey arena is unique, being that it is the only one of its kind in the City ofChula Vista's park system. 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 (f) Existing Facilities, of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. 6-1 2/05/08, Item_ Page 2 of2 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION At the request of Risk Management and the Office of the City Attorney, a review of the outdoor roller hockey arena was undertaken. Engineering and General Services' staffhas made inquiries and site visits to other facilities with similar conditions. It was determined that the installation of additional netting around the arena, will greatly enhance the overall safety of the facility, particularly for patrons of the park outside the roller hockey facility. This project would require an amount of $50,000 for staff and consultants to prepare a set of construction documents for bidding purposes. DECISION MAKER CONFLICT Staff has reviewed the property holdings ofthe City Council and has found no property holdings within 500 feet of the boundaries of the property of which is the subject ofthis action. FISCAL IMPACT At this time, staff is recommending establishing a new Capital Improvement Project - PR303 and appropriating funds in the amount of $50,000 from the available PAD (Park Acquisition and Development) fee balance to begin preparation of construction documents. This appropriation of PAD fees is from the balance of the fund that was returned after the completion of Salt Creek Park and Montevalle Park, both of which serve the Eastlake neighborhood, as does Sunset View Park. It is estimated that the total project cost will be $150,000. Staff will return to Council in the future to appropriate additional funds at time of contract award. ATTACHMENTS None. Prepared by: Gordon Day, Bldg. Projects Supervisor, Engineering and General Services J:IGeneral ServiceslGS AdministrationlCouncil AgendalSunset View ParklSunset View Hockey Arena.doc 6-2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED "SUNSET VIEW ROLLER HOCKEY ARENA (PR303)" FOR ADDITIONAL SAFETY NETTING AND APPROPRIATING FUNDS THEREFOR WHEREAS, the Sunset View Park Master Plan, presented and approved by the City Council on May 1, 2001, included development construction of two soccer fields, tennis and basketball courts, play areas, a comfort station, covered picnic areas and an outdoor roller hockey arena; and WHEREAS, the roller hockey arena is unique, being that it is the only one of its kind in the City ofChula Vista's park system; and WHEREAS, at the request of Risk Management and the Office of the City Attorney, a review of the outdoor roller hockey arena was undertaken; and WHEREAS, it was determined that conditions did exist that required a higher level of safety; and WHEREAS, staff has made inquiries and site VISItS to other facilities with similar conditions and has determined that the installation of additional safety netting will greatly reduce the risk identified; and WHEREAS, project would require an amount of $50,000 for staff and consultants to prepare a set of construction documents for bidding purposes; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby establishes a new Capital Improvement Project entitled "Sunset View Park Roller Hockey Arena (PR303)" for additional safety netting and appropriates funds there~ Jack Griffin Director of Engineering and General Services Presented by H:\ENGINEER\RESOS\Resos2008\02-0S-08\Rcso PRJOJ, 2-05-0B.doc 6-3 CITY COUNCIL AGENDA STATEMENT February 5, 2008 ItemL SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FISCAL YEAR 2007 STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) FUNDS IN THE AMOUNT OF $104,277 AND APPROPRIATING SAID FUNDS TO THE FEDERA~TSFUNDSHSGPPROGRAM FIRE CH CITYMANAGER '7'1 '-f<,,- y,e6j ITEM TITLE: 4/5THS VOTE: YES X NO SUMMARY The County of San Diego Office of Emergency Services, who administers the State Homeland Security Grant Program (SHSGP), has notified the Fire Department of the Fiscal Year 2007 SHSGP award in the amount of $104,277. Adoption of the resolution will appropriate the funds in the amount of $15,000 to personnel services and $89,277 to supplies and services to be utilized by the Fire and Police Departments to purchase communications, computer, rescue, protective and breathing apparatus equipment, and to fund homeland security related training activities. 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 Council adopt the resolution. 7-1 February 5, 2008 Item Page 2 BOARDS/COMMISSIONS RECOMMENDA nON Not Applicable. DISCUSSION The County of San Diego Office of Emergency Services, who administers the State Homeland Security Grant Program (SHSGP), has notified the Fire Department of the Fiscal Year 2007 SHSGP award in the amount of $104,277. In general, the SHSGP is designed to improve domestic terrorism preparedness of state and local governments by addressing equipment, training, exercises, and planning needs. The Fiscal Year 2007 SHSGP provides funding for the continued development of readiness and operational response capacity of Police and Fire personnel. Funds allocated by the Fiscal Year 2007 SHSGP will permit the Police and Fire Departments to purchase equipment that will complement existing equipment configurations that were purchased with previous Homeland Security funds. SHSGP grant administrators have approved the plan for the purchase of this equipment. This spending plan was submitted in advance of funding approval in accordance with grant requirements. The specific equipment items to be purchased by the City's Fire and Police department's are as follows: Communications Equipment The Police Department will purchase various communications equipment items that include: an automatic vehicle locating (AVL) system, speaker extensions for existing SWAT radios and offset network operating costs for existing radio equipment. The Fire Department will purchase sixteen radios that are necessary to complete an existing configuration of radio equipment in order to maintain regional communications interoperability. Protective and Detection Equipment The Police Department will purchase seven chemical, biological, radiological and nuclear (CBRN) protective masks to complement the existing cache of protective equipment. The Police will also purchase two hand trucks in order to facilitate the handling of previously purchased Homeland Security equipment. The Fire Department will purchase eight fire shelters that will be used by the training division, three gas detectors in order to complete the outfitting of each fire apparatus with such equipment and sixty self contained breathing apparatus (SCBA) rope bag kits to complete the outfitting of previously purchased SCBA and rescue related equipment. Computer Equipment The Fire Department will purchase two mobile data computers (MDCs) that will be utilized by the Fire Prevention Division in order to add the pre-plan incident mapping application that is currently under development. The purchase of these two MDCs will allow the Fire Prevention Division to participate in the development and testing of the pre-plan incident-mapping project before it is deployed. Training The Fiscal Year 2007 SHSGP also allocates $15,000 for emergency training and exercises. These funds will be utilized by the Police Department to obtain incident commander (ICS) training for police personnel. 7-2 February 5, 2008 !tem_ Page 3 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. The total amount of the Fiscal Year 2007 SHSGP award to be appropriated to the Federal Grants Fund SHSGP Program is $104,277. There are no matching funds required or General Fund impact. 7-3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FISCAL YEAR 2007 STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) FUNDS IN THE AMOUNT OF $104,277 AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUNDSHSGPPROGRAM WHEREAS, the County of San Diego Office of Emergency Services, who administers the State Homeland Security Grant Program (SHSGP), has notified the Fire Department of the Fiscal Year 2007 SHSGP award; and WHEREAS, the Fiscal Year 2007 SHSGP award is for the amount of$104,277; and WHEREAS, the SHSGP is designed to improve domestic terrorism preparedness of state and local governments by addressing equipment, training, exercises, and planning needs; and WHEREAS, the Fiscal Year 2007 SHSGP funds will be utilized to purchase communications, protection, detection, and computer equipment in the amount of $89,277 that will be used by the City's Fire and Police departments; and WHEREAS, the Fiscal Year 2007 SHSGP also allocates $15,000 for emergency training and exercises; and WHEREAS, these funds will be used by the Police Department to acquire incident command related training courses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept $104,277 in grant funds from the Fiscal Year 2007 State Homeland Security Grant Program and amends the Fiscal Year 2008 Federal Grants Fund SHSGP Program by appropriating $89,277 to supplies and services and $15,000 to personnel services. Presented by Approved as to form by James S. Geering Interim Fire Chief r H:/sharedlattomey/Fire - FY 2007 SHSGP 7-4 CITY COUNCIL AGENDA STATEMENT SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $82,227 IN REIMBURSEMENTS FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES AND A $5,000 DONATION FROM NORTH ISLAND FEDERAL CREDIT UNION TO OFFSET OVERTIME AND SUPPORT COSTS IN THE FIRE DEPf:MENT FIRE CHI CITY MA AGER "7 T -+;"r b,.e~ ITEM TITLE: 4/5THS VOTE: YES X NO SUMMARY The Fire Department has received reimbursements in the amount of $82,227 from the State Office of Emergency Services. Reimbursements were made for staff time related to Chula Vista Fire Department strike teams that were sent as part of mutual aid agreements to assist in statewide firefighting efforts during the 2007 fire season. The Fire Department has also received a donation in the amount of $5,000 from North Island Federal Credit Union in appreciation of Fire Department efforts during the 2007 fire season. Adoption of the resolution accepts the reimbursements and donated funds and appropriates $61,488 to personnel services to offset overtime expenditures and $25,739 to supplies and services costs. 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 Council adopt the resolution. 8-1 February 5, 2008 Item Page 2 of2 BOARDS/COMMISSIONS RECOMMENDA nON Not Applicable. DISCUSSION State of California Office of Emergency Services (OES) Reimbursement The Fire Department is a participant in Automatic Aid Agreements with all other agencies within San Diego County and an Agreement for Local Government Fire Suppression Assistance to Forest Agencies and the Office of Emergency Services. Per this agreement, the City is eligible for staff time reimbursements when City Firefighting resources are deployed to provide mutual aid to other jurisdictions. A reimbursement claim was filed with State of California Office of Emergency Services (OES) for the major fires that occurred throughout the state that required the deployment of Chula Vista Fire Department resources during the 2007 fire season. The Fire Department has received reimbursement for suppression staff time and equipment usage related to the firefighting strike team assignments for the following incidents: the Laguna Fire, the Angel Fire, the Inyo Fire, the Pine Fire, and the Colina Fire. In an effort to manage its overtime, supply and facility support costs, the funds received from these reimbursements totaling $82,227 will be appropriated to the Fire Department's personnel services and supplies and services budgets to offset these expense categories in the Fiscal Year 2008 budget. North Island Federal Credit Union Donation The Fire Department has received donations in the amount of $5,000 from North Island Federal Credit Union in appreciation of firefighter efforts during the 2007 fire season. These donations were received in the form of 10 individual checks that were sent to each of the nine fire stations and the Fire Department Training Division. North Island Federal Credit Union donated these funds for the purchase of meals for firefighters during the holiday season. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT There is no fiscal impact to the General Fund as a result of adopting this recommendation. The reimbursement and donated funds totaling $87,227 will be appropriated to offset overtime, facility support and supplies and services in the fiscal year 2008 budget. 8-2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $82,227 IN REIMBURSEMENTS FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES AND A $5,000 DONATION FROM NORTH ISLAND FEDERAL CREDIT UNION TO OFFSET OVERTIME AND SUPPORT COSTS IN THE FIRE DEPARTMENT WHEREAS, the Fire Department has received reimbursements in the amount of $82,227 from the State Office of Emergency Services; and, WHEREAS, reimbursements were made for staff time related to Chula Vista Fire Department strike teams that were sent as part of mutual aid agreements to assist in statewide firefighting efforts during the 2007 fire season; and, WHEREAS, the strike teams responded to the following incidents that included: the Laguna Fire, the Angel Fire, the Inyo Fire, the Pine Fire, and the Colina Fire; and, WHEREAS, the Fire Department is requesting to appropriate these funds to offset overtime and supply and services costs; and, WHEREAS, the Fire Department has received a $5,000 donation from North Island Federal Credit Union in appreciation of firefighter efforts during the 2007 fire season; and, WHEREAS, the Fire Department will use these funds to offset the purchase of meals as intended by North Island Federal Credit Union; and, NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City ofChula Vista does hereby accept $82,227 in reimbursements from the State of California Office of Emergency Services and a donation in the amount of $5,000 from North Island Federal Credit Union to offset overtime and support costs amending the FY 2008 Fire Department budget by appropriating $61,488 to personnel services and $25,739 to supplies and services. Presented by Approved as to form by James S. Geering Interim Fire Chief H:\Altomey\Fire - Slate OES reimubursments 08_02-0S.08.doc 8-3 CITY COUNCIL AGENDA STATEMENT ~f:.. CIIT OF :: (HULA VISTA FEBRUARY 5, 2008, Item q SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING THE PRE-TAX PAYROLL DEDUCTION PLAN FOR CALPERS SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) DIRECTOR OF HUMj~.N RESOURCES ;rT2-- CITY MANAGER I JI1AL- ASSISTANT CI~ANAGER s:I ITEM TITLE: 4/5THS VOTE: YES D NO 0 BACKGROUND On April 22, 1997, the City Council approved a Resolution providing qualified members the option to elect the pre-tax payroll deduction plan for their service credit purchase (i.e., redeposit, service prior to membership, military, etc.). On December 27, 2007, CalPERS assigned a new group coverage number for the City's Miscellaneous group with 3% @ 60 benefit formula from group number 70001 to 70002. In order to continue the benefit of pre- tax option to its Miscellaneous employees with coverage group 70002, the City must submit an amended resolution to California Public Employees' Retirement System (CalPERS). RECOMMENDATION Council adopt the Resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Under Internal Revenue Code (IRC) section 414(h)(2), a qualified CalPERS member may be eligible to purchase additional service credits for the time served in: (1) active military duty, Peace Corp, etc.; (2) work in a CalPERS-covered employer before becoming a CalPERS member; and (3) a qualified leave of absence. Qualified members may choose to pay for this service credit in lump sum payment, installment payments, combination of partial lump sum payment and installment payments or rollover/transfers. In order to offer 9-1 FEBRUARY 5, 2008, Iteml Page 2 of2 pre-tax payroll deductions, the City filed a resolution in 1997 with CalPERS to participate in the Pre-Tax Payroll Deduction for service credit purchases. On April 22, 1997, the City Council approved a Resolution No. 18634, providing qualified members the option to elect the pre-tax payroll deduction plan for their service credit purchase. California Public Employees' Retirement System (CaIPERS) approving the City's application for ail employees reported under coverage groups 70001 (Miscellaneous), 74001 (Fire Safety) and 75001 (Police Safety). On December 27, 2000, CaIPERS assigned an additional group coverage number 70002 for the Miscellaneous group with 3% @ 60 benefit formula. In order to continue the benefit of pre-tax option to group 70002, the City must submit an amended resolution to CaIPERS. 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 direct fiscal impact to the City. All service credits are purchased by member employees. There may be minimal reductions in City liability for Medicare taxes due to the reduced taxable income base afforded by this pre-tax benefit. ATTACHMENT (I) PERS Employer Pickup Resolution for Pre-Tax Payroll Deduction Plan for Service Credit Purchases (2) City Resolution No. 18634 Prepared by: Edith Quicho. Benefits Manager 9-2 Return to CafPERS . Unit 830 Employer code: 0195 EMPLOYER PICKUP RESOLUTION PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) WHEREAS, the Board of Administration of the California Public Employees' Retirement System (CaIPERS) at the April 1996 meeting approved a pre-tax payroll deduction plan for service credit purchases under Internal Revenue Code (IRC) section 414(h)(2); and WHEREAS, the City of Chula Vista {Employer} has the authority to implement the provisions of IRC section 414(h)(2) and has determined that even though implementation Is not required by law, the tax benefit offered by this section should be provided to those employees who are members of CaIPERS; and WHEREAS, the City of Chula Vista {Employer} elects to participate in the pre-tax payroll deduction plan for all employees in the following CalPERS Coverage Group(s): (Membership Coverage Group(s)) All Miscellaneous and All Police and Fire Safety Members NOW, THEREFORE, BE IT RESOLVED: I. That the City of Chula Vista {Employer} will implement the provisions of IRC section 414(h)(2) by making employee contributions for service credit purchases pursuant to the Califomia State Government Code on behalf of its employees who are members of CalPERS and who have made a binding irrevocable election to participate in the pre-tax payroll deduction plan. "Employee contributions" shall mean those contributions reported to CaiPERS which are deducted from the salary of employees and are credited to individual employee accounts for service credit purchases, thereby resulting in tax deferral of employee contributions. II. That the contributions made by the City of Chula Vista {Employer} to CaIPERS, although designated as empioyee contributions, are being paid by the City of Chula Vista {Employer} in lieu of contributions by the employees who are members of CaIPERS. 9-3 1/1. That the employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Chula Vista {Employer} to CaIPERS. IV. That the City of Chula Vista {Employer} shall pay to CalPERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in tax deferral of employee contributions. V. That the effective date for commencement of the pre-tax payroll deduction plan cannot be any earlier than the date the completed resolution is received and approved by CaIPERS. VI. That the governing body of the City of Chula Vista {Employer} shall participate in and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll deductions when authorized by CalPERS for those employees of the above stated Coverage Group(s) who have elected to participate in this plan. PASSED AND ADOPTED by the governing body of the City of Chula Vista {Employer} this 5th day of February, 2008. {year} BY (Signature of Official) (Title of Official) RETURN ADDRESS: City of Chula Vista Human Resources Department 276 Fourth Avenue Chula Vista, CA 91910 ************************************************************************************************************************ FOR CALPERS USE ONLY Pre-tax payroll deduction plan effective date: Approved By: Title: MEMBER SERVICES DIVISION, Service credit section-Unit 830 9-4 ".. RESOLUTION NO. 18634 RESOLUTION OF THE CITY OF CHULA VISTA IMPLEMENTING A PRE-TAX PAYROLL DEDUCTION PLAN FOR CALPERS SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) WHEREAS. the Board of Administration of the California Public Employees' Retirement System (CaIPERSl. at the April 1996 meeting, approved a pre-tax payroll deduction plan for service credit purchases under Internal Revenue Code (IRC) Section 414(h)(2); and WHEREAS, the City of Chula Vista has the authority to implement the .provisions of IRC Section 414(h)(2) and has determined that even though implementation is not required by law, the tax benefit offered by this section should be provided to those employees who are members of CaIPERS; and WHEREAS. the City of Chula Vista elects to participate in the pre-tax payroll deduction plan for all employees in the following CalPERS coverage group(s): Miscellaneous (70001); Fire/EMT (74001); and Police (75001). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA AS FOLLOWS: ,.. 1. The City of Chula Vista will implement the provisions of IRC Section 414(h)(2) by making employee contributions for service credit purchases pursuant to the California State Government Code on behalf of its employees who are members of CalPERS and who have made a binding irrevocable election to participate in the pre-tax payroll deduction plan. "Employee contributions" shall mean those contributions reported to CalPERS which are deducted from the salary of employees are credited to individual employee accounts for service credit purchases thereby resulting in a tax deferral of employee contributions. 2. The contributions made by the City of Chula Vista to CaIPERS, although designated as employee contributions, are being paid by the City of Chula Vista in lieu of contributions by the employees who are members of CaIPERS. 3. The employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Chula Vista to CalPERS. 4. The City of Chula Vista shall pay to CalPERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in a tax deferral of employee contributions. 5. The effective date for commencement of the pre-tax payroll deduction plan cannot be any earlier than July 1. 1996, or the date the completed resolution is received and approved in CaIPERS. whichever is later. 6. The governing body of the City of Chula Vista shall participate in and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll deductions when authorized by CalPERS for those employees of the above stated Coverage Groups who have elected to participate in this plan. i'-\""I 9 S n Resolution 18634 Page 2 Presented by . Approved as to form JLLf.'~~ Teri Enos Risk Manager ...--/ ( k;1~ /<!-c-Q ~ Kaheny; 0 Attorney ~'------, IHi . 1 ,-. - - Resolution 18634 Page 3 'T PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of April, 1997, by the following vote: AYES: Councilmembers: Moot, Padilla, Rindone, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~M/'r MttZno S Irley Horton, Mayor ATTEST: r c&m.O fl a,7I.J,L Beverly :i Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18634 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of April, 1997. Executed this 22nd day of April, 1997. ''',ALw'4 () ill rAtA Beverly A. fO.uthelet. City Clerk r . 9 7 I ~ RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING THE PRE-TAX PAYROLL DEDUCTION PLAN FOR CALPERS SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) WHEREAS, the Board of Administration of the California Public Employees' Retirement System [CaIPERS], at the April 1996 meeting, approved a pre-tax payroll deduction plan for service credit purchases under Internal Revenue Code [IRC] section 4l4(h)(2); and WHEREAS, the City ofChula Vista has the authority to implement the provisions of IRC section 4l4(h)(2) and has determined that even though implementation is not required by law, the tax benefit offered by this section should be provided to those employees who are members of CalPERS; and WHEREAS, the City of Chula Vista elects to participate in the pre-tax payroll deduction plan for all employees in the following CalPERS coverage group(s): Miscellaneous (70001); Fire/EMT (74001); and Police (75001). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA AS FOLLOWS: 1. The City of Chula Vista will implement the provisions of IRC section 4l4(h)(2) by making employee contributions for service credit purchases pursuant to the California State Government Code on behalf of its employees who are members of CalPERS and who have made a binding irrevocable election to participate in the pre-tax payroll deduction plan. "Employee contributions" shall mean those contributions reported to CalPERS which are deducted from the salary of employees are credited to individual employee accounts for service credit purchases thereby resulting in a tax deferral of employee contributions. 2. The contributions made by the City of Chula Vista to CaIPERS, although designated as employee contributions, are being paid by the City of Chula Vista in lieu of contributions by the employees who are members of CaIPERS. 3. The employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Chula Vista to CaIPERS. 4. The City of Chula Vista shall pay to CaIPERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in a tax deferral of employee contributions. J:\Allomey\RESQ\BENEFITS\Pre-Tall Payroll DedUClion forCalPERS Service Cnldig=Ia-02-0S-0S.Z.dOC Resolution No. 2008- Page 2 5. The effective date for commencement of the pre-tax payroll deduction plan cannot be any earlier than July I, 1996, or the date the completed resolution is received and approved in CalPERS, whichever is later. 6. The governing body of the City of Chula Vista shall participate in and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll deductions when authorized by CalPERS for those employees of the above stated Coverage Groups who have elected to participate in this plan. Presented by: Approved as to form by: ~~\~~(~~ Ann Moore ' City Attorney Marcia Raskin Human Resources Director l:\Attomey\RESO\BENEFITS\Pre_Tax Payroll Deduction for CalPERS Service Credit PUJ'l::hs OZ-05-08.2.doc 9-[ CITY COUNCIL AGENDA STATEMENT Item~ 02/05/2008 SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $46,560 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE LAW ENFORCEMENT TERRORISM PRE~ION PROGRAM. CHIEF OF POLlC~ CITY MANAGER 4;>1 fi,- \)rt ~ 4/5THS VOTE: YES X NO ITEM TITLE: SUMMARY Acceptance of the Law Enforcement Terrorism Prevention Program (LETPP) grant funds in the amount of $46,560 will provide important funding for the City's Terrorism Prevention Program. This resolution will appropriate $17,430 for overtime costs for department investigative personnel to participate in information/investigation/intelligence sharing activities with various Federal, State and Local law enforcement agencies, as well as training overtime for mandatory terrorism training for patrol officers. Additionally, $26,850 will be appropriated to purchase much needed technology to assist in the sharing of information and $2,280 will be appropriated for associated training course costs. ENVIRONMENTAL REVIEW Not Applicable. RECOMMENDATION That Council adopts the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. 10-1 DISCUSSION 02/05/2008, Item_ P.ge 2 of2 The Law Enforcement Terrorism Prevention Program (LETPP), funded by the U.S. Department of Homeland Security, focuses upon the prevention of terrorist attacks and provides law enforcement and public safety communities with funds to support the following activities: intelligence gathering and information sharing through enhancing/establishing fusion centers; hardening high-value targets; planning strategically; continuing to build interoperable communications; and collaborating with non-law enforcement partners, other goverrunent agencies and the private sector. The County of San Diego Office of Emergency Services, who administers the Law Enforcement Terrorism Prevention Program (LETPP) for local agencies, has notified the Police Department of the fiscal year 2007 LETPP award in the amount of $46,560. This year, the federal goverrunent focused LETPP funding on regional fusion centers. Fusion Centers are designed to house investigators and analysts from various Federal, State and Local law enforcement agencies with the goal of significantly improving information sharing among all the agencies. The Police Department has several investigators who, as part of Task Forces, will be part of the fusion center. The Department proposes to spend $17,430 in overtime for information/investigation/intelligence sharing activities carried out by these investigators, as well as overtime for mandatory terrorism liaison training for patrol officers assigned to different patrol teams. Additionally, $26,850 will be utilized to purchase wireless personal digital assistants (PDAs) and laptop computers, as well as airtime connection charges associated with the PDA's for use by the investigators working with the fusion center. Finally, $2,280 is budgeted to cover the associated training course costs. 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)(I) is not applicable to this decision. FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $17,430 to the personnel services category and $29,130 to the supplies and services category of the Federal Grants Fund (fund 272). The funding from the U.S. Department of Homeland Security will completely offset these costs. Therefore, there is no net fiscal impact to the City. ATTACHMENTS None. Prepared by: Edward Chew, Administrative Services Manager, Police Department 10-2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $46,560 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM WHEREAS, Law Enforcement Terrorism Prevention Program [LETPP], funded by the U.S. Department of Homeland Security, focuses upon the prevention of terrorist attacks and provides law enforcement and public safety communities with funds to support the following activities: intelligence gathering and information sharing through enhancing/establishing fusion centers; hardening high-value targets; planning strategically; continuing to build inoperable communications; and collaborating with non-law enforcement partners, other government agencies, and the private sector; and WHEREAS, the County of San Diego Office of Emergency Services, who administers the LETPP for local agencies, has notified the Police Department of the Fiscal Year 2007 LETPP award in the amount of$46,560; and WHEREAS, the federal government focused LETPP funding on regional fusion centers; and WHEREAS, the Police Department has several investigators who, as part of Task Forces, will be part of the fusion center; and WHEREAS, the Department proposes to spend the LETPP award as shown below: Expense Overtime for investigation! intelligence sharing activities carried out by these investigators Wireless personal digital assistants [PDAs] and laptop computers and airtime connection charges for use by the investigators working with the fusion center Training costs and overtime for mandatory terrorism liaison officer training for patrol officers assigned to the different patrol teams Amount $13,500 $26,850 $6,210 NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept $46,560 from the U.S. Department of Homeland Security and appropriating said funds to the federal grants fund for the Law Enforcement Terrorism Prevention Program. Presented by Approved as to form b Richard P. Emerson Chief of Police ~~n Moore A1, tity Attorney J:\Allomey\RESO\GRANTS\Homeland Security_02..oS-08.do<: 10-3 t. CITY COUNCIL AGENDA STATEMENT ~V;!f:. ClIT OF -- - - CHULA VISTA 02/05/2008, Item / J SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE AWARD AND APPROPRIATING $300,000 IN UNANTICIPATED REVENUES FROM A GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM FOR THE 16TH CYCLE AND AMENDING THE FY08 WASTE MANAGEMENT AND RECYCLING BUDGET At DIRECTOR OF PUBLIC WORKS ~ CITY MANAGER <>)- -Fo...- ]) r<:: ~ ASSISTANT CITY MANAGER S r 4/5THS VOTE: YES Ii'! NO 0 ITEM TITLE: REVIEWED BY: BACKGROUND In June of 2007, staff submitted a grant funding application to the California Integrated Waste Management Board (CIWMB) for Household Hazardous Waste activities, related to expansion of the Universal Waste Collection Program, and development of a medical needles/sharps proper disposal system for residential households, on behalf of the South Bay Regional Household Hazardous Waste Partnership (consisting of Imperial Beach, National City, and Chula Vista as the lead agency) under authorization contained in Chula Vista City Council Resolution # 2007- 204 and supporting letters from the Partnership agencies. The CIWMB has awarded the $300,000 request and given staff the Notice To Proceed with the proposed programs. (See Attachments) ENVIRONMENTAL REVIEW Not applicable. RECOMMENDATION Staff recommends that Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 11-1 02/05/2008, Item_ Page 2 of 3 DISCUSSION The City of Chula Vista, in partnership with the cities of Imperial Beach and National City, submitted a Household Hazardous Waste (HHW) grant application for funding to improve collection opportunities and increase awareness of proper disposal requirements for targeted materials - Universal Waste items (electronics, fluorescent lamps, batteries, mercury devices) and needles and sharps generated in home health care. Effective September 1, 2008, needles and sharps will be banned from landfill disposal. This ban includes hypodermic needles, hypodermic needles with syringes, lancets, blades, needles with attached tubing, syringes contaminated with biohazardous waste, acupuncture needles, root canal files, broken glass items such as Pasteur pipettes, and blood vials generated as waste from home health care activities. Funding for these activities via the City's AB 939 fee on trash service rates is not enough to handle the potential impact on the HHW program budget if all the targeted items purchased annually were properly handled by Chula Vista's residents at the HHW drop-off facility. Therefore, the proposed grant proj ects for these targeted materials include establishing a partnership "take back" program with the retail stores and pharmacies that sell these products, making proper disposal more convenient for consumers and reducing costs to the City. Grant work includes: . Developing agreements with retail pharmacies to take used household batteries and sharps . Preparing an RFP for collection of these materials from the stores . Preparing in-store promotional materials . Preparing flyers and direct-mail materials for public education Staff has already had positive discussions with several retail pharmacies and will continue discussions with others to begin a "take back" pro gram for the targeted materials. Other grant activities include more one-day, temporary, collection events for electronics, fluorescent lamps, batteries and mercury devices. These events will be open to all residents in Chula Vista, National City and Imperial Beach and funded through this grant. When the details of these events are finalized staff will provide Council with program information along with public education pieces. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(l) is not applicable to this decision. FISCAL IMP ACT The grant is a reimbursement grant and was awarded through a competitive process. There is no impact to the general fund as a result of accepting this award and implementing the work; no matching funds are required. 11-2 02/05/2008, Item Page 3 of 3 ATTACHMENTS Letter of Notice to Proceed Grant Contract Resolution Prepared by: Lynn France, Environmental Services Program Manager, Public Works Department 11-3 ~ ~ LINDA S. ADAMS SECRE:'TARY fOR ENVIRONMENT AI. PROTECTION MARGO REID BROWN CHAIR MBROWN@C1WMB.CA.GOV (916) .Hl-60S1 WESLEY CHESBRO WCHESBRO@CIWMB.CA.GOV (916)34<1-6059 JEFFREY DANZINGER JDANZINGER@CIWMB.CA.GOV (916)3401-60240 ROSAUE MULE RMULE@CIWMB.CA.GOV (916)341-6016 CHERYL PEACE CPEACE@CIWMB.CA.GOV (916)341-6010 GARY PETERSEN GPETERSEN@CIWMB.CA.GOV (916)341-6055 ':::1 ..... :::::. ...... ..... .... ... I""T1I(:R"TED "'An'': "",,,,,,,,.aMIl..T ]lOAIt!> CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD . ARNOLDSCHWAR2ENEGGE GOVERNOR 10011 STREET, SACRAMENTO, CALIFORNIA 95814- P.O. Box 4025, SACRAMENTO, CALlFORNIA 95812-4025 (916) 341-6000' '\N'W\1v'.CIWMB.CA.GQV December 12, 2007 Manuel Medrano Chula Vista Resource & Waste Management Services 1800 Maxwell Road Chuia Vista, CA 91911 NOTICE TO PROCEED - Household Hazardous Waste Infrastructure Grant HD16F (16'h Cycle) Fiscal Year (FY) 2007/08 Grant Number: HD16F-07-22 Dear Manuel, This letter confirms your Notice to Proceed authorization start date as stated in the attached electronic message. Enclosed is a copy of your executed Grant Agreement referencing Exhibit A: Terms and Conditions and Exhibit B: Procedures and Requirements which list ail the requirements for this Grant. These wlil be posted on the CIWMB website at htto:i/www.ciwmb.ca.qov/HHW/Grants/16thCvcle/ . This grant term ends March 31,2010. The final report is due March 31,2010.. Your cooperation in keeping the Household Hazardous Waste Infrastructure Grant Program up-to-date of any changes to primary contact, address, telephone number, or other pertinent information Is required. Downloadabie copies of payment request forms and reporting forms are located at http://www.ciwmb.ca.oov/HHW/Forms/ Should you have questions regarding your HD16F Grant project, please contact your Grant Manager, Linda Dickinson, at (916) 341-6437 or Idickinson@ciwmb.ca.gov. Your Grant Manager will provide resources to you regarding solutions and best practices used by others for your consideration. Sincerely, Steven J{emanaez Steven Hernandez, Supervisor Section A Grant and Loan Resources Branch Enclosures: Executed Grant Agreement; Electronic Notice to Proceed cc: Linda Dickinson @ ORlGrN.~L PRiNTED ON 100". PO$T_CONSV.\/ER CONTENT. PROCESSED CHI-ORINE. FRE.E. P.~PER 11-4 STAlE. OF CALifORNIA' ENVIRONMEtiTAL PROTECTION AGENCY GRANT AGREEMENT CTWMB110 (RBVlslld 08107) @(Q)~ CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD I GRANT NUMBER HD16F-07.22 NAME OF GRANT PROGRAM 20072008 Household Hazardous Waste Discretionary Grants GRANTEE NAME Ci of Chula Vista TAXPAYER'S FEDERAL EMPLOYER IDENTIF1CATlON NUMBER TOTAL GRANT AMOUNT NOT TO exceeD $300,000.00 TERM OF GRANT AGREEMENT FRDM: October 1, 2007 TO: March 31. 2010 THIS AGREEMENT is made and entered into on this 20th day of Seotember 2007 J by the State of California, acting through the Executive Director of the California Integrated Waste Management Board (the ~State.) and City of Chula VISta (the ~Grantee"). The State and the Grantee, in mutual consideration of the promises made herein, agree as fallows: The Grantee agrees to perform the work described in the Work Plan attached hereto as Exhibit C according to the Budget attached hereto as Exhibit D. The Grantee further agrees to abide by the provisions of the following exhibits attached hereto: Exhibit A - Terms & Conditions Exhibit B ~ Procedures & Requirements Exhibit C - Work Plan Exhibit D - Budget Exhibits A, B, C and D attached hereto and the State approved application are incOrporated by reference herein and made a part hereof. The State agrees to fund work done by the Grantee in accordance with this Agreement up to the Total Grant Amount Not to Exceed specified herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates entered below. GRANTEE' NAME (PRINT OR TYPE) CALIFORNiA INTEGRATED WASTE MANAGEMENT BOARD City of Chula Vista SIGNATURE OF CIWMB'S AUTHORIZED SIGNATORY: SIGNATURE OF GRANTEE: (AS AUTHO ED IN R~ DESIGNEE AUTHORIZATION) UNT ENCUMBERED BY THIS GREEMENT TITLE JAVIV'''", .,...~"{.,, l <-~-I'v':"'! ~; Authorlzed re resentative ~ GRANTEE' ADDRESS (INCLUOE STREET, CliY, C:fel<L',...i )""Vll~.5 wi"" I~"o. AA",.)(Wr'P{ T2-J CERTIFICATION OF FUNOING PROGRAWCATEGORY (CODE AND TITLE) FUND TITLE DATE Mark Leary, Executive Director 20072008 Household Hazardous Waste Discretionary Grants JWMA Clearing Account $300,000.00 (OPTIONAL USE) PRIOR AMOUNT eNCUMBERED FOR THIS AGREEMENT rT"EM CHAPTER STATUTE FISCAL YEAR OTAl AMOUNT ENCUMBERED TO DATE $300,000.00 3910-101-0387 BJECT OF EXPENDITURE (CODE AND Tm.E) 171 2007 20072008 1000-75130-705 . I hereby certify upon my own personal knowledge that budgeted funds are available or the period and urpose of the expenditure stated above. SIGNATURE OF CIWMB ACCO-VNTiNG OFFICER; ,*\ i. ""- (~) A)......' " T .BA NO. / 'i/"5/7 B.R. NO. i . 11-5 e LiNDA S. ADAMS SECRrrUY FOR ENVIRONMENTAl. PlloncT10l'l MARGO REID BROWN CHAIR MBROWN@CIWMB.CA.GOV (916) "H05l , WESLEY CHEsBRO WCHESBRO@CIWMB.CA.GOV (916) !~1-6059 JEFFREY DANZTh'GER IDANZINGER@c1wMB.CA.GOV (916) 341-6024< I ROSAUE MULt I RMUL~C~a~GOV (916) 341-6016 CHERYL PEACE I CPEAcE@crwMB.CA,GOV (916)541-6010 GARY PETERSEN GPETERSEN@CrwMB.CA.GOV (916) '''-60'5 ....1 .... ..... ..... ..... ..... ...... ..... .... ... l>rrI........T.C. "'''STO 1ol....,.Aca.......T Ig".o CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD . AJ!NOLD SOfWA.RZl:N:EQCE: covrit.NOR. 1001 I STItEET, SACRAMENTO, CAuFOR.NlA 95814.- P.O. Box 4025, SACRAMENTO, CALIFORNLA 95812-4025 (gIG) 541-6000. WWW.Cr.v/Nm.CA.GOV October 22, 2007 Manuel Medrano City of Chula Vista Resource & Waste Management Services 1800 Maxwell Road Chula Vista CA 91911 SUBJECT: Fiscal Year 2007/08 HD16F Household Hazardous Waste Infrastructure Grant Award Congratulations on the award of your Household Hazardous Waste Infrastructure Grant (16th Cycle) from the California Integrated Waste Management Board (CIWMB). The California Integrated Waste Management Board (CIWMB) made awards totaling $4,768,053 to support local government efforts, including those of tribal governments, to develop collection infrastructure that will reduce the amount of household hazardous waste disposed at solid waste landfills. Your agency has been awarded $300,000.00. Enclosed are the Grant Agreement and its appendices: Terms and Conditions (Exhibit A), Procedures and Requirements (Exhibit B), Work Plan (Exhibit C), and Budget (Exhibit D). Before you may incur expenses relative to this grant, you must wait for the official "Notice to Proceed." Your grant manager will send the Notice to Proceed once the CIWMB has received and processed your signed Grant Agreement. To facilitate that process, please review the enclosed documents and follow the instructions below: 1. On the Grant Agreement, complete the lines entitled: "Grantee's Signature, Title, Date, and Grantee's Address." Check the grant application you submitted with your application in May. The "Authorized Representative" MUST be the person identified in your Council/Board resolution as having signature authority for your jurisdiction( s) for the purposes of this grant. If your resolution includes the term, "or designee," you must submit a letter signed by the primary signature authority naming the designee(s). 2. Return onlv the Grant Agreement with an original signature within 90 days to: California Integrated Waste Management Board Attn: Ms. Io Glenn Grant and Loan Resources Branch, HDI6F Grant 1001 "I" Street, MS-19A, P.O. Box 4025 * 01lJGINAL PRfT~ "l"OS'T..caNSlJME1I. CONTZNT. PRoc:e:ss&D CHL01/JNE. F'1fEl;J'JtPEJI. Sacramento, CA 95812-4025 Keep one copy of Exhibits A, B, C, and D for your file and provide a set of these documents to your finance department and your project supervisor for the grant activities. A copy of the Procedures and Requirements and Terms and Conditions will also be posted on the CIWME web site at www.ciwmb.ca.gov/grants for reference. You are responsible for reading and understanding the enclosed documents. They describe the proper administration of your Grant. Pay particular attention to Exhibit B, "Procedures and Requirements," since questions frequently arise in the areas covered in this document. For this grant cycle, revisions were made to the Procedures and Requirements for clarity and conciseness. Please note the following significant changes to the Progress Report (page 7, Exhibit B). 12 Permit by Rule (PBR) Copies ofPBR Notification Form {(Department of Toxic Substance Control-DTSC Form 1171 or 1094(b)} are required for all facility construction/expansion, temporary/mobile collection events, door-to- door collection events, etc. and wherever PBR is required by law. ~ Prompt submittal ofProuess Reports - Failure to file Progress Reports in compliance with the requirements set forth by the established deadlines may be considered a breach of this Grant Agreement and may result in administrative action up to and including termination of this Grant Agreement. The grant award is conditional based upon the following: 1) The return of a complete and signed Grant Agreement within ninety (90) days of the mailing date - January 20,2008- of the Grant Agreement Package by the Board; and, 2) Full payment of any outstanding debt(s) owed by the proposed grantee to the CIWME. If you have any questions regarding this grant after you have reviewed the enclosed documents, please contact the HD16 Cycle Lead, Elaine Novak at(9l6) 341-6380. We look forward to working with you on your project. Sincerely, Ste'fJen Jfemancfez Steven Hernandez Supervisor, Section A Grants and Loans Resources Branch Enclosures: Grant Agreement and reference Exhibits A-D 11-7 ST,\TE OF CAUFORNIA. EN'v'lRONMENTAL PROTECTION A.GENCY GRANT AGREEMENT CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD CIWMB,1D (R.vind D8ID7) I GRANT NUMBER HD16F-06-22 NAME OF GRANT PROGRAM 20072008 Household Hazardous Waste Discretionary Grants GRANTEE NAME Ci of Chula Vista TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER TOTAL GRANT AMOUNT NOT TO EXCEED $300,000.00 TERM OF GRANT A.GREEMENT FROM: October 1, 2007 TO: March 31, 201 0 THIS AGREEMENT is made and entered into on this 20th day of Seoternber 2007 , by the State of California, acting through the Executive Director of the California Integrated Waste Management Board (the "State") and Citv of Chula Vista (the "Grantee"). The State and the Grantee, in mutual consideration of the promises made herein, agree as follows: The Grantee agrees to perionn the work described in the Work Plan attached hereto as Exhibit C according to the Budget attached hereto as Exhibit D. The Grantee further agrees to abide by the provisions of the following exhibits attached hereto: Exhibit A - Tenns & Conditions Exhibit 8 - Procedures & Requirements Exhibit C . Work Plan Exhibit 0 . Budget Exhibits At 8. C and 0 attached hereto and the State approved application are incorporated by reference herein and made a part hereof. The State agrees to fund work done by the Grantee in accordance with this Agreement up to the Total Grant Amount Not to Exceed specified herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates entered below, GRANTEE' NAME (PRINT OR T'l'PE) CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD City of Chula Vista SIGNATURE OF CIWMB'S AUTHORIZED SIGNATORY: SIGNAruRE OF GRANTEE: (AS AUTHORIZED IN RESOLUTION OR LETTER OF OESIGNEE AUTHORIZATION) DATE TITLE DATE Marl< Leary, Executive Director Authcrtted re resentallve GRANTEE' ADDRESS (INCLUDE STREET, CITY, STATE AND ZIP CODE) MOUNT ENCUMBERED BY THIS GREEMENT CERTIFICATION OF FUNDING PROGRAM/CATEGORY (CODE AND TITlE) FUND TITLE ,20072008 Household Hazardous Waste Discretionary Grants IWMA Clearing Account $300,000.00 (OPTIONAl.. USE) PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT rrEM CHAPTER STATUTE FISCAL YEAR OTAL AMOUNT ENCUMBERED TO DATE $300,000.00 3910-101-0387 171 BJECT OF EXPENO!TURE (CODE AND TITLE) 2007 20072008 T.BANO. 7 BA NO. ~ 11-8 EXHIBIT A TERMS AND CONDITIONS Household Hazardous Waste Grant Infrastructure Grant Fiscal Year 2007/08 (Cycle 16) This grant may not be funded unless the proposed Grantee meets the following two conditions: I) The proposed Grantee must payor bring current all outstanding debts or scheduled payments owed to the California Integrated Waste Management Board within ninety (90) days from the date of the grant award. The Grant Agreement will not be released by the CIWMB until all outstanding invoices have been paid. . 2) The proposed Grantee must complete, sign, and return the Orant Agreement within ninety (90) days from the date recorded on the 'Grant Agreement package's cover letter: The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise: . "CIWMB" means the California Integrated Waste Management Board. . "Executive Director" means the Executive Director of the CIWMB or his or her designee. llGrant Agreement" and "Agreementtl means aI-I documents comprising the agreement between the CIWMB and the Grantee for this Grant. "Grant Manager" means the CIWMB staff person responsible for monitoring the grant. "Grantee" means the recipient of funds pursuant to this Agreement. . "Program" means the Household Hazardous Waste Infrastructure Grant Program. . "State" means the State of California, including, but not limited to, the CIWMB and/or its . designated officer. 1. ACKNOWLEDGEMENTS 2. ADVERTISING! PUBLIC EDUCATION 3. AIR OR WATER POLLUTION V10LAl'ION The Grantee shall acknowledge the CIWMB's support each time projects 'funded, in whole or in part, by this Agreement are publicized in any medium, including, but not limited to, news media, brochures, or other types of promotional materials. The acknowledgement of the CIWMB's support must incorporate the CIWMB logo and state "Funded by a Grant from the California Integrated Waste Management Board, Zero Waste - You Make It Happen!" Initials or abbreviations for the CIWMB shall not be used. The Grant Manager may approve deviation from this prescribed language on a case-by-case basis where such deviation is consistent with the CIWMB' s Communication Strategy and Outreach Plan. If, subsequent to thi,s Agreement, the CIWMB adopts updated or new logos, slogans or language (language); the Grant Manager may require the Grantee to include this language in newly prillted or generated materials. The Grantee shall submit copies of all draft public education or advertising materials to the Grant Manager for review and approval prior to the Grantee's production ofmaterials~ Unless omission of the following copyright designation is pre-approved in writing by the Grant Manager, all public education and advertising materials shall state: "10 {year of creation} by the California Integrated Waste Management Board (CIWMB). All rights reserved. This publication, or parts thereof, may not be reproduced without permission from CIWMB." Under the State laws, the Grantee shall not be: a. In violation of any order or resolution not subject to review promulgated bl'._ revised 4/19107 - Competliive rs & C's 11-9 4. AMENDMENT 5. AMERICANS WITH DISABILITIEs ACT 6. ANTITRUST CLAIMs the State Air Resources Board or an air pollution control district; b. Subject to cease and desist order not subject to review issued pursuant to Section 1~301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or ,. c. Finally determined to be in violation of provisions offederallaw relating to air or water pollution. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent ofthe parties, subject to the requirements and restrictions of this paragraph. The Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42V.S.C.gI2101 etseq.) . The Grantee, by signing this agreement, hereby certifies that If these services or goods are obtained by means of a competitive bid, the Grantee shall comply with the requirements of the Government Code Sections set out below. , a. The Government Code Chapter on Antitrust claims contains the following definitions: 1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2). "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 V.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business artd Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assigrunent shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actuai legal costs incurred and may, upon denian.d, recover from the public body any portion of the recovery, including ,treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, Jess the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of 2 revised 4119107 - Competitive Ts & C's 11-10 7. ASSIGNMENT, SUCCESSORS AND ASSIGNS 8. AUDIT/RECORDS ACCESS 9. AUTHORiZED REPRESENTATIVE 10. AVAJLABILllY OF FUNDS 11. CHILD SUPPORT COMPLIANCE ACT 12. COMMUNICATIONS action. See Government Code Section 4554. a This Agreement may not be assigned by the Grantee, either in wbole or in part, without the CIWMB' s prior written consent. . b. The provisions of this Agreement shall be binding upon and inure to the benefit of the CIWMB, the Grantee, and their respective successors and assigns. The Grantee agrees that the CIWMB, the Department of Finance, the Bureau of State Audits, or their designated n;presentative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the . performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or graJ1t term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews ofany employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff . in any contract or subcontract related to performance of this Agreement. . [You may find it helpful to share the Terms and Conditions and Procedures and Requirements with your finance department, contractors and subcontractors. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.) . The Grantee shall continuously maintain a representative vested with signature authority authorized to work with ClWMB on all grant-related issues. Tbe Grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information of the authorized representative. The ClWMB's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant. For any agreement in excess of$IOO,OOO, the Grantee acknowledges that: a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) ofFart 5 of Division 9 of the Family Code; and b. The Grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. All communications from the Grantee to the ClWMB shall be directed to the Grant Manager. All notices, including reports and payment requests, required by this Agreement shall be given in writing by E-mail, letter, or FAX to the Grant Manager as identified in Exhibit B-Procedures and Requirements. If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the E-mail or FAX. 3 revised 4119/07 - Con:pe.tmve rs & C's 11-11 13. COMPETITIVE BIDDING 14. COMPLIANCE 15. CONFIDENTIALITY! PUBLIC RECORDS 16. CDNFLlCT OF INTEREST The CIWMB encourages Grantees to use a competitive bidding process, or to require and maintain on file a written justification for any exceptions thereto, when contnacting for services required under this Agreement. The Grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The Grantee shan provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The Grantee'shall maintain compliance with such requirements throughout the grant period. The Grantee shall ensure that the requirements of the California Environmental Quality Act are meHor any approvals or other . requirements necessa1'y to carry out the tenms of this Agreement. Any deviation from the requirements of this section shall result in non-payment of grant funds. With each Payment Request (CIWMB 87), the Grantee's signature authority shall either initial and certify under penaity of perjury that the Graotee's General Checklist of Permits, Licenses, and Filings (CIWMB 669) on file with the CIWMB is current and complete, or submit.an updated General Checklist of Permits, Licenses, and Filings (CIWMB 669) available at: w,vw.ci wm b. ca.!!OV IGran ts/F olTnslCIWM B 669 .doc. The Grantee and the CIWMB acknowledge thai each party may come into possession of information and/or data that may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information' or data may be subject to disclosure under the California Public Records Act, Government Code Section 6250 et seq. The CIWMB agrees not to disclose such information or data furnished by the Grantee and to maintain such information or data as confidential when so designated by the Grantee in writing at the time it is furnished to the CIWMB, but only to the extent that such information or data is exempt from disclosure under the California Public Records Act. The Grantee needs to be aware of the following provisions regarding current or former state employees. If the Grantee has any questions on the status of any person rendering services or involved with this Agreement, the CIWMB must be contacted immediately for clarification. Current State Employees (Public Contracts Code (PCC) f 10410): a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC f 10411).' a. For the t"wb~year period from t'ie date he or she left state employment: no former state officer or employee may enter into acontract in which he or she engaged in any o[the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contnact with any state agency ifhe or she was employed by that state agency in a policy-making position in the same general subj ect area as the proposed contract within the twelve month period prior to his or her leaving state service. 4 revised 4/19A:l7 - Competitive T's & C's 11-12 17. CONTRACTORSI SUBCONTRACTORSI VENDORS - DEFINITIONS 18. CONTRACTORSI SUBCONTRACTORS 19. COPYRIGHTS AND TRADEMARKS . If the 'Grantee violates any provisions of above paragraphs, such action by the Grantee shall render this Agreement void. (pCC S 10420). Contractor: A person or entity that contracts with the Grantee to perform eighty percent (80%) or more of the work required by this Agreement, including, but not limited to, any requirements imposed by the CIWMB. Subcontractor: A person or entity that contracts with the Grantee or Contractor to perform a portion (less than, eighty percent [80%]) of the work required by this Agreement, including, but noi limited to, any requirements imposed by the ClWMB. Vendor; A person or entity that contracts to sell goods; the sale of services is expressly excluded from this definition. The drantee will be entitled to make use of its own staff and such contractors and subcontractors as are mutually acceptable to the Grantee and the ClWMB. Any change in contractors or subcontractors must be mutually acceptable to the parties. Immediately upon termination of any such contract or subcontract, the Grantee shall notify the Grant Manager. . The drantee and, if applicable, the Contractor, shall incorporate the Tenns and Conditions - Exhibit A, and the Procedures and Requirements - Exhibit B, of the Agreement into. any and all contracts and subcontracts entered into to fulfill any task(s) assoCiated. with this Agreement. Huwever, nothing contained in this Agreement or otherwise, shall create any contractual relation between the CIWMB and any contractors or subcontractors of Grantee, and no agreement with Contractors or subcontractors shall'relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the CIWMB for' the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its contractors and subcontractors is an independent obligation from the ClWMB' s obligation to make payments to the Grantee. As a result, the ClWMB shall have no obligation to payor to enforce the payment of any moneys' to any contractor or subcontractor. a. To the extent the Grantee shall have the legal right to do so, Grantee shall assign to the CrWMB any and all rights, title, and inierests to any copyrightable material or trademarkable material created or developed in whole or in any part as a result ofthis Agreement, but which originated from previously copyrighted or trademarked material. With respect to all other copyrightable and trademarkable materials, the ClWMB shall retain any and all rights, title and interests to any copyrightable material or trademarkable material created or developed in whole or in any part as a result of this Agreement. These rights, both assigned and retained, shall include the right to register for copyright or trademark of such materials. Grantee shall require that its contractors and subcontractors agree that all such materials shan be the property of the CIWMB' The Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images or'Other materials owned, copyrighted or trademarked by third parties and for assigning such licenses, permissions, releases, or authorizations to the CIWMB pursuant to this section. Copies of any licenses, permissions, releases or authorizations obtained pursuant for the use oftext, images or other materials owned, copyrighted or trademarked by third parties shall be provided to the Grant Manager. Under unusual and very limited circumstances, where'to do so would not conflict with the rights of the 5 revised 4/1 9/07 - competitive rs & C's 11-13 20. CORPORATION QUALIFIED DOING BUSINESS IN CALIFORNIA 21. OISCLAIMER OF WARRANTY 22. DISCRETIONARY TERMINATION 23. DISPUTES 24. DRUG-FREE WORKPLACE CERTIFICA nON ClWMB and would serve the public interest, upon written request by the Grantee, the CIWMB may give, at the Executive Director's sole discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. b. The CIWMB hereby grants to the Grantee a royalty-free, nonexclusive, nontransferable world-wide license to reproduce, translate, and distribute copies of the copyrightable materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on the Grantee's behalf. This license is limited to the copyrightable materials produced pursuant to this Agreement and does not extend to any materials capable of being trademarked. The following shall appear on all intellectual property used by Contractor pursuant to this license, solely for the purpose of protecting the CIWMB' s intellectual property rights therein: "0 {year of creation} by the California Integrated Waste Management Board (CIWMB). Used pursuant to license granted by CIWMB. All rights reserved. This publication, or parts thereof, may not be reproduced without permission." When work under this Agreement is to be performed in California by a corporation, the corporation shall be in good standing and currently qualified to do business in the State. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of fmancial or pecuniary gain or profit. The CTWMB makes no warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CIWMB empl.oyees or agents have any right or authority to make any other representation, warranty or promise with respect to any materialsj equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall the CIWMB be liable , for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement. The Executive Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon thirty (30) days written notice to the Grantee. Within forty-five (45) days of receipt of written notice, Grantee is required to: . a. Submit a final written report describing all work performed by the Grantee; b. Submit an accounting of all grant funds expended up to and including the date ofterrnination; and, c. Reimburse the CIWMB for any unspent funds. Unless otbervvise ins-q-ucted by the Grant Manager, the Grantee shall continue with its responsibilities under this Agreement during any dispute., The person signing this Agreement on behalf of the Grantee certifies under penalty of peIjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (GC 9 8350 et seq.) and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for revised 4/19107 - CompetitivE! Ts & C's 6 11-14 25. EFFECTIVENESS OF AGREEMENT 26. ENTIRE AGREEMENT 27 . ENVIRONMENTAL JUSTICE 28. EXPATRIATE CORPORATIONS 29. FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT 30. FORCE MAJEURE 31. FORFEIT OF GRANT FUNDS/REPAYMENT OF FUNO~ IMPROPERLY EXPENDED violations. b. Establish a drug-free awareness program to inform employees about all of the following: (I) the dangers of drug abuse in the workplace, (2) the Grantee's policy of maintaining a drug-free workplace, (3) any available counseling, rehabilitation, and employee assistance programs, and (4) penalties that may be imposed upon employees for drug abuse violations. c. Require that each employee who works on the grant: (I) receive a copy of the drug-free policy statement of the Grantee, and (2) agrees to abide by the terms of such statement as a 'condition of employment on the grant. This Agreement is of no force or effect until signed by both parties. This Agreement supersedes all prior agreements, oral or written, made with respect to the subj ect hereof and, together with ail attachments hereto, contains the entire Agreement of the parties. In the performance of this Agreement, the Grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the State. The person signing this Agreement on behalf of the Grantee certifies under penalty ofperjury under the laws of California, that the Grantee is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Coele Section 10286 and I 0286.1, and is eligible to contract with the State of California. The CIWMB wilf benefit from the Grantee's full compliance with the terms of this Agreement only by the Grantee's: a. Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes; or b. Cleanup of the environment; or c. . Enforcement of solid waste statutes and regulations, as applicable. Therefore, the Grantee shall be in compliance with this Agreement only if the work it performs results in: a. Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste; or b. The cleanup of the environment;. or c. The enforcement of solid waste statutes and regulations, as applicable. Neither the CIWMB nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the CIWMB or the Grantee, its contractors, vendors, or subcontractors, and beyond the . reasonable control of such party. If grant funds are not expended, or have not been expended, in accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with this Agreement, the Executjve Director, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the un~xpended portion of the grant funds and/or to repay__ 7 revised 4/19107 - Competitive Ts & C's 11-15 32. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES 33. GRANTEE ACCOUNTABILITY 34. GRANTEE'S INDEMNIFICATION AND DEFENSE OF THE STATE 35. GRANTEE'S NAME CHANGE 35. NATIONAL LABOR RELATIONS BOARD CERTIFICATION 37. NO AGENCY RELATIONSHIP CREATED! INDEPENDENT CAPACITY 38. NON-DISCRIMINATION CLAUSE tD the CIWMB any funds improperly expended. The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures. The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grai1t program. In the event an audit should determine that grant funds are owed to the CIWMB, the Grantee is responsible for repayment of the funds to the CIWMB. The Grantee agrees to inderrinify, defend and save harmless the State and the CIWMB, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, orsupplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this Agreement. A written amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt oflegal documentation of the name change, the CIWMB will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment. The person signing this Agreement on behalf of the Grantee certifies under penalty of peIjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Grantee within the immediately preceding two-year period because of the Grantee's failure to comply with an order of a federal court which orders the Grantee to comply with an order of the National Labor Relations Board. (Not applicable to public entities.) The Grantee and the agents and employees of Grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the CIWMB. a. During the performance of this Agreement, Grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enuroerated in Government Code!i9 12900 et seq. b. The person signing this Agreement on behalf of the Grantee certifies under penalty of peIjury under the laws of California that the Grantee has, unless exempted, complied with the nondiscrimination program requirements (Government Code !i12990(a-f)) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.) 8 revised 411 9107 - CompetitNe T's & C's 11-16 39. OWNERSHIP OF DRAWINGS, PLANS, ANO SPECIFICATIONS 40. PATENTS 41. PAYMENT . The State shall have separate and independent ownership of all drawings, design plans, specifications, notebooks, tracings, photogTaphs, negatives, reports, findings, recommendations, data, software, and memoranda of every description or any part thereof, paid for in whole or in any part with grant funds. Copies thereof shall be delivered to the CIWMB upon request. Grantee agrees, and shall . require that its contractors, subcontractors, and vendors agree, that the State shall have the full right to use said copies in any manner when and where it may determine without any claim to additional compensation. The Grantee assigns to the CIWMB all rights, title, and interest in and to each invention or discovery that may be capable of being patented, that is conceived of or first actmilly reduced to practice in the course of or under this Agr~ement, or with the use of any grant funds. Such assignment shall include assignment of any patents registered with the United States Patent and Trademark Office. Grantee further agrees to cooperate with and assist the CIWMB in the preparation of any patent application. Under certain unusual and very limited circumstance, where to do so would not conflict with the rights of the CIWMB . and would serve the public interest, upon written request by the Grantee, the CIWMB may give, at the Executive Director's sole discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. a. The Budget, attached to and incorporated herein by reference to this Agreement as Exhibit D, states the maximum amount of allowable costs for eac.h of the tasks identified in the Work Plan, which is attached to and incorporated herein by reference to this Agreement as Exhibit C. The CIWMB shall reimburse the Grantee for only the work and tasks specified in the Work Plan at only those costs specified in the Budget and incurred in the term of the Agreement b. The Grantee shall carry out the work described on the Work Plan in accordance with the Budget, and shall obtain the Grant Manager's written approval of any changes or modifications to the Work Plan or the Budget prior to performing the changed work or incurring the changed cost If the Grantee fails to obtain such prior written approval, the Executive Director, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request reimbursement in accordance with the procedures described in the Procedures and Requirements. d. Ten percent (10%) will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the Grantee to satisfactorily complete all reports and conditions stipulated in this . Agreement may result in forfeiture of any such funds withheld pursuant to the ClViMB's ten percent (10%) retention policy. e. Lodgings, Meals and Incidentals: Unless otherwise provided for in this Agreement, Grantee's Per Diem eligible costs are limited to the amounts authorized in the California State Administrative Manual (contact your Grant Manager for more information). f. Payment will be made only to the Grantee. g. Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in Exhibit B - Procedures and Requirements. 9 revised 4/19107 - Cbmpetfttve Ts & C's 11-17 42. PERSONAL JURISOICTlON 43. PERSONNEL COSTS 44. REAL AND PERSONAL PROPERTY ACQUIRED WITH GRANT FUNDS 45. RECYCLED-CONTENT CERTIFICATION The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations iinposed upon the parties. Native American Tribal Grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled. a. AIl real and personal property, including equipment and supplies, acquired with grant funds shall be used by the Grantee only for the purposes for which the C1WMB approved their acquisition for so long as sucb property is needed for sucb purposes, regardless of whether the Grantee continues to receive grant funds from the CIWMB for sucb purposes. In no event sball the length oftime during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for wbicb the CIWMB approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California. b. Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the Grantee. The Grantee shall execute all documents required to provide the CIWMB with a purchase money security interest hi any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that the CIWMB shaIl be in first priority position with respect to the purchase money security interest on any such property acquired with tbe grant funds, unless pre-approved in writing by the Grant Manager that the CIWMB will accept a lower priority position with respect to the purchase money security interest on the property. Grantee shaIl inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition. c. The Grantee may not trarisfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization ofthe CIWMB. d. The CIWMB wlIl not reimburse the Grantee for the acquisition of equipment that was previously purchased with CIWMB grant funds, unless the acquisition of such equipment with grant funds is pre-approved in writing by the Grant Manager. In the event of a question concerning the eligibility of equipment for grant funding, the burden will be on the Grantee to establish the pedigree of lbe equipment. The Grantee shall certify the minimum, if not the exact, percentage of postconsumer and secondary material in the products, materials, goods, and supplies purchased with grant funds. This certification shaIl be provided to the C1WMB on the Recycled Content Certification Form (C1WMB 74G) available at www.ciwmb.ca.Eov/Grants/Forms/CIWMB074G.doc. '0 revised 4/19107 - Competitive Ts & C's 11-18 46. RECYCLED-CONTENT PAPER 47. RECYCLED-CONTENT PRODUCT PROCUREMENT 48. REDUCTION OF WASTE 49. REDUCTION OF WASTE TIRES 50. REMEDIES 51. RESOLUTION. 52. SEVERABILITY 53. SITE ACCESS 54. STOP WORK NOTICE 55. SWEATFREE CODE OF CONDUCT All documents submitted by ille Grantee must be printed double-sided on recycled-content paper containing one hundred percent (100%) post-consumer (PC) fiber. Specific pages containing full color photographs or oiller ink- intensive graphics may be printed OIl photographic paper. In ille performance of this Agreement, for purchases made with grant funds, the Grantee shall purchase recycled-content products (RCP), as defined by the State Agency Buy Recycled Campaign (SABRC) minimum recycled content requirements see www.ciwmb.ca.Rov/BuvRecycled/StateAgencv/. Ifille Grantee cannot purchase RCPs, the Grantee must document why it was unable to comply wiill this requirement and request written pre-approval from its Grant Manager to deviate from this policy. In the perforrtlance of this Agreement, grantee shall take all reasonable steps to ensure that materials purchased or utilized in ille course ofille project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and ille practice of oiller waste reduction measures where feasible and appropriate. . . Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all purchases made wiill grant funds, including, but not limited to equipment and tire-derived feedstock, ille Grantee shall purchase and/or process only California waste tires and California waste tire-derived products. As a condition of final payment underillis Agreeinent, the Grantee must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Grant Manager. Unless otherwise expressly provided herein, the rights and remedies bereunder are in addition to, and not in limitation of, oiller rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy sball not be deemed a waiver of any other rigbt or remedy. A county, city, district, or other local public body must provide the CIWMB with a copy ofa resolution, order, motion, or ordinance of the local governing body, which by law has authority to enter into an agreement,authorizing execution of thiiAgreement and designating ihejob title of the individual authorized to sign on bebalf of the local public body. If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that . ille provisions of such applicable law may be waived, illey are hereby waived to the end illat this Agreement be deemed to be a valid and binding agreement enforceable in accordance witi< its terms. The Grantee sball allow the State to inspect sites at wbich grant funds are expended a.."'1.d related work being performed at any time during the perform.~1.ce of the work and for ninety (90) days after.completion of the work, or until all issues related to the grant project bave been resolved. Immedfately upon receipt of a written notice from the Grant Manager to stop work, the Grailtee shall cease all work under this Agreement. a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, oiller than procurement related toa public works contract, declare under penalty of perjury that no apparel, garments or 11 revised 4/19/07 - CompetlfwB Ts & C's 11-19 56. TERMINATION FOR CAUSE 57. TIME IS OF THE ESSENCE 58. TOLLING OF STATUTE OF LIMITATIONS 59. UNION ORGANiZiNG 60. UNRELIABLE LIST corresponding accessories, equipment, materials, or supplies obtained with Grant funds have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children ii1. sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of peIjury that it adheres to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov. and Public Contract Code Section 6] 08. b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee's records, documents, agents or employees, or prerilises if reasonably required by authorized officials of the CIWMB or its agent, the Department ofIndustria! Relations, or the Department of Justice to determine theGrantee's compliance with the requirements under paragraph. Ca). The CIWMB may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, the CIWMB may proceed with the work in any maimer deemed proper by the CIWMB. All costs to the CIWMB shall be deducted from any sum due the Grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the Grantee ofany funds retained pursuant to the CIWMB's ten percent C1O%) retention policy. Time is of the essence to this Agreement. . The statute of limitations for bringing any action, administrative or civil, to enforce the terms of this Agreement or to recover any amounts determined to be owing to the CIWMB as the result of any audit of the grant covered,by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the Grantee!o the Executive Director and/or the Board. By signing this Agreement, the Grantee hereby acknowledges the applicability of Government Code 99 16645,16645.2,16645.8, )6646, 16647, and 16648 to this Agreement and hereby certifies that: a. No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. b. lfthe Grantee makes expenditures to assist, promote, or deter union organizing, the Grantee will maintain records sufficient to show that no state funds were used for those expenditures; and that Grantee shall provide those records to the Attorney General upon -request. . Prior to authorizing a contractorCs) t6 commence work under this Grant, the Grantee shall .<uhmit to the CIWMB a declaration from the contractorCs), signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractorCs). See 'V',"'''.ciwmb.ca.eov/ReguJations/Title14/ch J.htm#chla5 If a contractor is placed on the CIWMB Unreliable List after award of this Grant, the Grantee may be required to terminate that contract. revised 4119/07 - Competitiv:. Ts & c's 12 11-20 61. VENUE! CHOICE OF LAW 62. WANER OF CLAIMS AND RECOURSE AGAINST THE STATE 63. WORK PRODUCTS 64. WORKERS' COMPENSATION! LABOR CODE a. All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shalJ be held in Sacramento County, California. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. b. The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The Grantee agrees to waive all claims and recourse against the State, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, br in any way connected with or incident to this Agreement This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement The Grantee must provide the C1WMB with copies of all final products ideritified in the Work Plan. . The Grantee is aware of Labor Code section 3700, which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee affirms to comply with such provisions before commencing the perfOlmance of the work of this Agreement. 13 revised 4/19107 - Compeative Ts & C's 11-21 EXHIBIT B PROCEDURES AND REQUIREMENTS Household Hazardous Waste Grant (16th Cycle) for FY 2001108 Infrastructure Grant Copies of these Procedures and Requirements should be shared with BOTH the Finance Department AND the staff responsible for implementirig the grant activities. Introduction The Household Hazardous Waste (HHW) Grant Program is administered through the California Integrated Waste Management Board (CIWMB). These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs', project completion and close-out procedures, records and audit requirements. This document is incorporated by reference, and attached to, the Grant Agreement. All documents submitted must be printed double-sided on one hundred percent (1 00%) recycled-content paper. Specific pages containing full- color photographs or other ink-intensive graphics may be printed on photographic paper. ' Milestones November 2007 (tentative date) Grant Term Begins pending the Notice to Proceed March 31,2010 Progress Report Due (Covering activities during 2007 to March 31, 2009) - Grant Term Ends Final Report (summary of activity from Notice to Proceed to March 31,2010) Final Payment Request DlJe March 31, 2009 March 31,2010 March 31, 2010 No extensions will be granted for submittal of Final Report and Final Payment Request. Failure to submit the Final Report and Final Payment Request, with appropriate documentation by March 31, 2010, may result in rejection of the Payment Request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Questions? All communication regarding this grant should be directed to your CIWMB 11-22 Where to send Reports, Payment Requests, etc. Eligible Costs Grant Manager. To find the name and telephone number of your CIWMB Grant Manager, refer to www.ciwmb.ca.qov/HHW/Grants/Coiltacts.htm. .. ..... , You may also call the main office number at (916) 341-6457. Send your Reports, Payment Requests, and all other written correspondence to your CIWMB Grant Manager's attention at: California Integrated Waste Management Board Sustainability Division MS #9A P.O. Box 4025, 1001 "I" Street Sacramento, CA 95812A025 Attn: (your Grant Manager's name) All expenditures must be only for activities, products, and costs included in the approved Work Plan (Exhibit C) and approved Budget (Exhibit D), and must be incurred, services provided and goods received, after receiving Notice to Proceed and before the end of the Grant Term. Any proposed revisions to the Work Plan and/or Budget must be submitted and pre-approved in writing by the CIWMB Grant Manager prior to Grantee incurring the proposed expenditures. Eligible costs include, but are not limited to, the following: . . Design of Permanent Household Hazardous Waste Collection Facilities (PHHWCF) including faCility planning, site analysis, conceptual design and the local approval process; . Construction of Permanent Household Hazardous Waste Collection Facilities (PHHWCF) including construction-expansion, equipment and service; . Costs, including materials, supplies, equipment and facilities must be relatea to the management of HHW; . Set-up and operation of temporary facilities for one-day or multi-day collection events; . Expenses that provide an opportunity for the collection of HHW, including U-waste, that would not otherwise exist, e,g. private/public partnerships; . . Publicity and educational activities, particularly those that utilize community-based social marketing, that support HHW and U-waste collection, recycling, and use of recycled products, and/or pollution prevention programs; . Sharps containers that provide disposal instructions. The containers must be collected at an established HHW collection facility in order for the grant funds to c,over transportation and disposal costs. The cost of this portion of a program is not to 1 f-23 exceed $40,000; . . Overhead or indirect costs up to ten percent (10%) if supported by a Cost Allocation Plan. These costs are expenditures not capable of being assigned, and not readily itemized to a particular project or activity, but considered necessary fat the operation of the organization and the performance of the program. The cost of operating and maintaining facilities, accounting services, and administrative salaries not directly related to Grant activities are. examples of overhead and indirect costs; and . Costs must be reasonable and focused on local needs as described in the application. Any propbsed revisibns to the Work Plan and/or the Budget must be submitted and pre-approved in writing by the CIWMB Grant Manager prior to Grantee incurring the proposed expenditures. The approval document should be retained by the Grantee for audit purposes. Ineligible Costs Any costs not included in your approved budget, and not directly related to the approved grant project,.are ineligible for reimbursement. If you have any questions regarding ineligible costs, contact your CIWMB Grant Manager. Ineligible costs include, but are not limited to: . Costs (claimed as either grant expenses or matching monies) incurred prior to the Notice to Proceed or after the.end of the grant term; . Costs currently coVered by another CIWMB loan, grant or contract; Purchasing or leasing of land or buildings; . Purchasing of vehicles by non-gbvernmental agencies; . Leasing of gasoline-fueled vehicles (inCluding hybrid vehicles) by non-governmental agencies unless pre-approved in writing by CIWMB Grant Manager; . . Cbsts to maintain an existing HHW program; . Developing a permanent facility on non-government owned or managed property; . . Overtime costs (except for local government staffing during specially scheduled evening or weekend events that have been pre- approved in writing by the C1WMB Grant Manager, when law or labor contract requires overtime compensation); . Management, handling, qisposal, or treatment of radioactive, explosive or medical wastes, and other extremely hazardous waste; . Pre-paid expenditures for future g.oods or services (salaries/wages, television or radio advertisements, etc.) delivered beyond the end of the grant term. (Exemption: The CIWMB Grant Manager may consider approving products purchased in full before the end of the Grant Term but delivered after the end of the Grant Term if the 11-2~ Large Equipment CIWMS. . Acknowledgement Recycled Content Requirements delay is caused solely by the supplier, and not by the Grantee. The Grantee must reque$t an exemption in writing and receive written pre-approval from the CIWMB Grant Manager.); . Any food or beverages (e.g. as part of meetings, workshops, training, or events); . Public education costs not directly tieq to HHW, U-waste or sharps collection; . Any costs that are not consistent with local, state, and federal guidelines and regulations; . Personnel costs incurred while an employee assigned to the grant project is not wo'rking on the grant (e.g., use of accrued time such as sick leave, vacation, etc.); . Premiums or promotional items that contribute to the solid or hazardous waste stream; . Fines or penalties due to violation of federal, state or local laws, ordinances, or regulations; . Promotional items or premiums that are not related to HHW or the target audience; . Cell phones, pagers, cameras, Personal Digital Assistants, handheld computers, and other similarpersonal electronic devices; . Development of school curricula; . Movie theater screen advertising; . Overhead in excess of 10%; . Relocation expenses; unless pre approved in writing by Grant Manager; . Enforcement activities; . Remediation (any cleanup or restoration of polluted areas); . Travel expenditures that exceed the state rate; . Out-of-state travel; . Profit or mark-up by the Grantee; and . Costs deemed unreasonable.or not related to the grant by the CIWMB Grant Manager. A CIWMB sticker (bumper sticker size) that displays the statement: "Funded by a grant from the California Integrated Waste Management Board" is required to be affixed to all large pieces of equipment purchased with grant funds. When submitting the Final Report, the photograph of this equipment should. include the affixed sticker. CIWM B stickers are available at no cost by contacting your CIWMB Grant Manager. . All Grantees must report the percentage of recycled-content material for products purchased in the product categories listed below. Grantees must use a separate Recycled-Content Product Certification (RCP) Form (CIWMB 74G) for each supplier and submit these forms with the Final Progress R.eport. The form can be found at the CIWMB's website at: www.ciwmb.ca.qov/H HW /Forms/. Purchases of the following products with grant funds must meet the 11425 Requirements for Publicity and Education Items specific p€,rcentages of recycled-content, as described on the RCPform. Paper Products Compost & Co-Compost Paint . Tires Printing &Writing Paper Glass Products Solvents Tire-Derived Products Plastic Products Lubricating Oils Steel Products Any exceptions to the above requirements must be pre-approved in writing by your CIWMB Grant Manager. Recycled-content information for some commonly purchased Grant items may be found at: www.ciwmb.ca .qov IUsed Oil/Grants/ResourcesN endors/Prom.oProd uct.d oc More information regarding RCP vendors and contractors may be found at: www.ciwmb.ca.qov/RCP/ For information about CIWMB's Buy Recycled Program, visit: www.ciwmb.ca.qov/BuvRecvcled/ Materials or items purchased for publicity or educational purposes may be denied for reimbursement if they do not meet the requirements detailed in this section. Premiums must be specifically tailored to the target audience, durable, not likely to be disposed off in a shOrt time nor likely to contribute to the Waste stream or hazardous wastestream (e.g., any item containing batteries, mercury, etc.); and may not promote particular brand-name products or private businesseS. For all languages other than English, the Grantee must workwith a person fluent in reading and writing the language. A description of the translator's qualifications, as well as an English version of the material(s), must be subr:nitted with the final report. Of key importance is that the translated material is at a reading level appropriate for its targeted audience. . For audit purposes, samples of all publicity and education (P&E) materials must be retained for a minimUmcif three years AFTER the end of the Grant Term or a longer period of time if warranted to resolve any issues surrounding this Grant. All items/materials, radio, television, etc., public seiVice announcements or advertisements, as appropriate, must meet the recycled-content product content requirements as set forth in the Terms and Conditions and described in the RCP Form, and must include the following: 1) Acknowledgement of the CIWMB funding and the Board's slogan that reads "Funded by a Grant from the California Integrated Waste Management Board. Zero Waste -:- You Make It Happen!" 11-2fij Copyright Requirements Graphics -,. Written Pre-Approval Required for Select Publicity and Education Materials Publicity & Education Reporting Samples Use of the initials "CIWMB" within the Acknowledgement is not sufficient. Exception: The acknowledgement line is not required on small items wnere space constraints would not allow for this line, or if it would interfere with the message (pencils, small magnets, etc.). All exceptions must be pre-approved in writing by the CIWMB Grant Manager. 2) Specific information on HHW recycling/disposal rates. 3) A list of HHW collection locations or a 24-hour hotline number. When locations are listed, include the following language: "Call for hours of operation and types of materials accepted". The following language must appear on any copyrightable material produced with Board funds: Copyright language: @ {year of creation} by the California Integrated Waste Management Board (CIWMB). All rights reserved. This publication, or parts thereof, may not be reproduced without permission from CIWM B. Examples of copyrightable material include but are not limited to . CDs and DVDs of audio and/or visual material . Computer Software . Brochures, pamphlets, and reproductions of advertisements designed for distribution Please check with your CIWMB Grant Manager with specific questions about the applicability of using the copyright language. HHW-related graphics are available on the CIWMB's website at: http://vvww . ciwmb. ta. q ov/UsedOil/q raphics/H HW Art! For information on recycled-content products, see vvww .ciwm b .ca. q ov/BuvRecvcled/StateAqencv/Buvinq. The following materials and items require written approval from your CIWMB Grant Manager prior to incurring the expense. These items include: 1. Premiums, if the per item cost exceeds six dollars ($6.00). 2. All television, radio and video scripts. For audit purposes, Grantees are required to retain samples of all P&E materials for three years AFTER the close of the Grant Term, or a longer period of time if warranted to resolve any issues with this grant. (See AuditJRecordsAccess Section in Terms and Conditions, Exhibit A.) 115-27 Progress Report Due Date: March 31,2009 The Progress Report covers activities from receipt of the Notice to proceed through March31 ,2009. Timely filing of acceptable Progress Reports is a material component of this Grant Agreemel'1t. Failure to file the Progress Report in compliance with the requirements set forth below by the established deadlines may be considered a breach of this Grant Agreement and may result in administrative action up to and including termination of this Grant Agreement. The reports should include, at a minimum, the following: 1. The Grant number, Grantee's name, and reporting period. The following disclaimer must appear on the cover page of the report: "The statements and conclusions of this report are those of the Grantee and not necessarily those of the California Integrated Waste Management Board, its employees, or the State of California. The State makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text." 2. A description of work completed, arranged according to tasks and Expenditure Categories as shown in your Work Plan. Include as an overall summary, or in each section, responses to the following questions as applicable: a) What are the unique or new activities/technologies? b) What were the successes (so far) in relation to goals and objectives? c) What problems/challenges were discovered during implementation? d) How did you resolve them? e) What "best practices" might be shared with other jurisdictions? 3. A brief discussion of Work to be conducted during the remainder of the grant term. If necessary, discuss any adjustments to the Work Plan resulting from your process evaluation. 4. Payment Request, Supporting Documentation and Expenditure Itemization Summary (EIS) can be submitted if reimbursement is desired. Please refer to the section labeled "Payment Request" for more details. 5. Wherever Permit by Rule (PBR) is required by law, copies of PBR Notification Form (Department ot'Toxic Substance Control-DTSC Form 1171, 1 094b,) for all facility construction/expansion, temporary/mobile collection events, door-to-door collection events, etc. For additional information regarding permits, including PBR, go to: htto ://www.caleoa.ca .Q ov/C U P NDirectorv /d efa u It.as ox 11-21}' . Note: Eligible collection.methods for sharps include: (1) A household hazardous waste facility, (2) A "home-generated sharps consolidation point", (3) A medical waste generator's facility, or (4) A facility through the use of a medical waste mail-back container appr.oved by the State Department of Health Services. Final Progress Report Due: March 31, 2010 The Final Progress Report covers activities from April 1 ,2009 through March 31,2010, and additionally., summarizes the entire grant (the date of your Notice to Proceed through March 31, 2010), and includes: 1. The Grant number, Grantee's name, and Grant Term. 2. The following disclaimer statement on the cover page: "The statements and conclusions of this report are those of the Grantee and not necessarily those of the California Integrated Waste Management Board, its employees, or the State of California. The State makes no warranty, express or implied, arid assumes no . liability for the information contained in the succeeding text." 3. Description of activities that were undertaken, continued, and completed during the reporting period. Activities must be arranged by the categories shownin your approved Work Plan. 4. Summary of results, as applicable to your Work Plan: For Permanent and TemporaryfMobile Collection Facilities: a) Number of participantslhouseholds/vehicles at each facility during the grant term in comparison to previous year(s). b) Number and mapped lOcation of existing or new collection sites established. c) Amount of HHW and U-waste collected (in gallons for liquids and pounds for solids) in comparison to previous year(s). d) Amount of HHw and U-waste collected (in gallons for liquids and pounds for solids) per person/household/vehicle during the grant term. e) Amount of sharps (in pounds) collected by collection method. f) Cost of each permanent and/or temporaryLmobile collection event held (excluding publicity) during the grant term. g) Cost per participant served at each permanent and/or temporary/mobile collection event held (excluding publicity) during the grant term. 118-29 h) Cost per gallon of HHW and pound of U-waste material collected at each grant-funded permanent facility and collection event. i) Number of days and hours of facility operation during the grant term, and duration of operation during the grant term in comparison to previous year(s). j) Explanation as to why one facility may be more effective than the other. For Residential Collection Programs: a) Number of curbside/door-to-doorstops during the grant term, or number of households served by curbside collection (if numbers of stops are not tracked) during the gr.ant term, as compared to previous year(s). . b) Amount of HHW and U-waste collected (in gallons for liquids and pounds for solids) as compared to previous year(s). c) Amount of HHW and U-waste collected (in gallons for liquids and pounds for solids) per household during the grant term. d) Cost per household served by curbside/dooreto-door pickup. For Take-It-Back (private-public partnership) Programs: a) Amount ofU-waste and sharps (in pounds) collected, as compared to previous year(s). For Publicity and Education efforts. Compare each of the following to previoUS year(s) results: a) Description of target audience(s). b) . Number of community events attended during the Grant Term. . and number of people stopping at your booth. c) Number of people surveyed. d) Number of outreach presentations conducted during the Grant Term and number ofstuderits, teachers, and other participants attending. e) Materials developed (e.g., door hangers, billboards, surveys) and number distributed (include distribution method) during the Grant Term. f) Total estimated number of people reached through publicity and education efforts. g) Explanation as to which events and/or publicity strategies were most effective in reaching the target audience/leading to the desired behavior change. h) Number and description of promotional activities that utilized Community-Based Social Marketing (CBSM) as opposed to traditional marketing. 11-3~ i) Cost of public education/outreach per gallon or pound of material. collected. j) Cost of public education/outreach per participant. For Load Checking Programs: a) Frequency of inspections during Grant Term. b) Number of vehicles inspected through the program during scheduled operaticn during the Grant Term. c) Amount of HHW collected (in gallons for liquids and pounds for solids) during the Grant Term. d) Amount of HHW collected (in gallons for liquids and pounds for solids) per vehicle. 5. Evaluation of program outcome during the grant term: a) Did you see a decrease in illegal dumping incidents as compared to previous year(s)? b) Did the amount of HHW collected increase as compared to previousyear\s)? cJ What statistical. tests or questionnaires were used to evaluate project effectiveness? (Include samples and related reports.) d) What were the successes in relation to goals and objectives? e) Did this project build upon "best practices" or previous projects from otherjurisdictiom,? If yes, which ones and what changed in the design of your program?' f) What problems/challenges emerged during implementation? How did you resolve them? g) What would you do differently if you had the program to desig n all over again? . h) What "best practices" might be shared with other jurisdictions? For more on evaluation, see www.ciwmb.ca.qov/UsedOiI/EvaIGuide/ Samples of Premiums and Printed Material: a) A digital image of each premium item in a commonly accepted format, and all final printed publicity and education materials. The photographs of the premiums must show compliance with procedures (i.e., oi/logo, "funded by grant from" phrase, "zero waste" phrase, etc. See "Requirements for Publicity and Education Items" section for guidance.) More than one digital image may be submitted if needed to capture all required components or to acourately illustrate the item. If compliance with procedures cannot be clearly captured in a photographic image, then an original copy of the 1 i 0.31 Payment Request premium item must be sUbmitted. b) A CD-romthat includes camera-ready graphic artfiles(s) used . to create each item developed during the Grant Term. c) Two photographs, from different angles, for large items such as equipment or structures. d) A photograph of each event attended or conducted (if not previously submitted.). 6. Samples of final Video and Radio Ads. A final copy of each vide.o or radio ad (if not previously submitted) in the appropriate media format (VHS formatfor videos and cassette tape or compact . .disc for radio ads). 7. Evidence of any wOrk product identified in the scope of work, photographs and descriptions of equipment, structures, events, ek that were produced, purchased or conducted (unless . previously submitted). 8. Payment Request, Supporting Documentation and Expenditure . Itemization Summary (EIS) can be submitted if reimbursement is desired. Please refer 10 the section labeled "Payment Request" for more details. A completed and signed Recycled-Content Certification Form (CIWMB74G) for each item purchased with grant funds. See wwW.ciwmb.ca.aov/HHW/Forms for the CIWMB 74G form. The CIWMB Grant Manager shall authorize payment upon approval of a corriplete and accurate Payment Request and, where applicable, approval of all required reports. Forms for a Payment Request Allforms can be downloaded from the California Integrated Waste Management Board's (CIWMB) website at WWW.ciwmb.ca.aov/HHW/Formsl , or contact your CIWMB Grant Manager. Required Documents and Format for Payment Request A complete Payment Request must include the following items in the order listed. 1. Payment Request Form (CIWMB 87) - This form must be signed by the individual authorized by the resolution. Please remember to type or print the individual's name and title below the signature. 2. Supporting Documentation, including legible copies of receipts, invoices, signed timesheets, etc., for all expenses for which reimbursement is being requested; Documentation must show that expenditures have already been paid. 11-3~1 Services Rendered 3.. Expenditure Itemization Summary (CIWMB 667) - All expenditures must be itemized and arranged by the Reporting and Expenditure Categories for your grant as it was approved. Ten Percent Withhold Ten percent (10%) will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in the Grant Agreement have been satisfactorily completed. Supporting Documentation - Documentation for all expenditures claimed on the Payment Request must be retained for a minimum of three years after the close of the grant term for audit purposes, or fora longer period of time if warranted to resolve any issues with this Grant. (See Audit/Records Access in Terms and Conditions, Exhibit A) Types of acceptable documentation include., but are not limited to: a) Invoices. Invoices must include the name of the vendor, vendor's telephone number and address, description of goods or services purchased, amount due, and date. b) Receipts. Receipts should include the same information as invoices (see above). c) Purchase orders with proof of payment. Purchase orders should include the same information as invoices and receipts, and must be accompanied by proof of payment (e.g., copies of cancelled checks). d) Personnel Expenditure Summary Form. Document personnel expenditures based on aCtual time spent on grant activities and actual amounts paid to personnel (these forms are not required if you have an alternate time reporting method pre-approved byyour CfWMB Grant Manager), This form can be found at CIWMB's website: WW'N. ciwmb. ca. gov/Grants/F orms/Expend. doc. e) Travel Expense Form. Document costs related to travel and include supporting documentation. This form can be found at CIWMB's website: WW'N.ciwmb.ca.qov/Grants/Forms/travel.xls Goods and services must be paid for and received within the period from th.e Notice to Proceed to the end of the term of the Grant Agreement (Notice to Proceed - March 31,2010). Proof of delivery is required. 111~3 3 - Exceptions and Audit Considerations Exceptions to the provisions ~fthese Procedures and Requirements may be considered on a case-by"case basis. Requests must be submitted in writing, and pre-approved in writing by your CIWMB Grant Manager. The Grantee is responsible for retaining documentation of any exceptions to the Grant Agreement for audit purposes. ThisGrant is subject to audit for at least three years after the close of the Grant Term, or for a longer period of time if warranted to resolve any issues with this Grant. (See Audit/Records Access in Terms and Conditions, Exhibit A.) Documentation and a clear audit' trail are essential to grant management. Examples of audit documentation include, but are not limited to, . expenditure ledger, payroll register entries, time sheets, personnel expenditure summary fOim, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with Grant funds, invoices andlorcanceled checks. See the Terms and Conditions for more information. Overhead and Indirect Overhead and indirect costs cali be claimed by Grantees. The following Costs guidelines mustbe used when claiming these costs: . The total cost of overhead and indirect cost charged to the grant shall not exceed ten percent (10%) of the grant fUnds expended. These costs are expenditures not capable of being assigned or not readily itemized to a particular project or activity, but considered necessary for the operation of the organizatiori and the performance of the program. The costs. of operating and rriaintaining facilities, accounting services, and administrative salaries are examples of overhead and indirect costs. All overhead and indirect costs charged to the grant mustbe associated with grant activities as shown in the approved Budget. . If you are uncertain whether a given cost is considered an overheadlindirect cost by the CIWMB, contact your CIWMB Grant Manager. . Direct costs charged directly to the grant shall not be included in the overhead/indirect cost formula. . Supervision performed by Managers afld Supervisors can be included in the overhead/indirect cost formula and therefore, will not be a direct charge to the grant. On the other hand, if a Manager or Supervisor performs an activity that is directly related to the execution of the grant (not supervision), costs associated with this activity may be included as a direct charge. Any such activity must be clearly supported by 11-34,3 appropriate documentation and shall not be charged to the grant as overhead or indirect cost: . The Grantees must have on file an internally approved Cost Allocation Plan which specifically documents how the cost amount was established and how it is supported by formal accounting records to substantiate the charges. The Cost Allocation Plan must be approved by an appropriate Supervisor/Manager in the Grantee's agency. The Cost Allocation Plan must identify program elements included in the overhead/indirect cost calculation. Seethe sample "Cost Allocation Plan" calculation below: Total department indirect cost divided by total department direct cost base equals indirect cost rate. The Grantees must maintain organized and accurate records that follow generaHy accepted accounting principles and leave an audit trail. The Grantee must provide access to all documents related to the grant program and fiscal operation of the grant program as deemed necessary by the CIWMB. 111-43 5 ~ t!l - t: Q) E ..c: u ~ - - <t \'- ..... ~ Ol 13 >. () ..c:: - <0 ~ ~ - t: ro Z~ <(0 ...J2 c..~ ~S c::: rJl 05 ~~ N ro I -0 o ..c: Ol rJl ::J o I :l'.) ..... t <. u \I '-l I .... ::) \ l. ~ (s :t:: >. .~ ~ > () rJl ro 5 c:;:; o U ="'C ro rJl Z -c: -c .2., t: OJ ro t: ..c :;::; u ro ro 0. Ol .(3 lIlt rn ro "C Cl.. Ol Ol o...c: C E - 0 - =....:.;::J ro C ro ro ro::J U; .!: 0 co :>OlrJl> 0._ ill roo..c: - N- ::J C ~ ..c:o.-....~.9 U "Cc_u .. __ ~ CD .- :: E u o ro rJl E -c--:- ro en :::I :::::l 0 ~ o~....... Cl)C2't1!2UE5 :E CO .... 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Category total Construction of Permanent Collection Facility: 00.00 Category total Upgrade of Existing Permanent Collection Facility: 00.00 Category total Innovative Public/Private Partnership Program: 0 Non-Personnel Costs: Collection 14-gal containers, two per site @ $47 each $14,758 Collection of two containers per site @ $66 each $20,724 0 Personnel: (Include all individual staffing costs related to the Temporary Mobile 00.00 Collection Budget category - both intemal and/or external) $35.482 Cateoorv total Temporary or Mobile Collection Program: 0 Non-Personnel Costs: Disposal and set-up per temporary event 10 @ $8,500 $85,000 Equipment, Temporary bathrooms and sink 10 @ $250 $2,500 0 Personnel: (Include all individual staffing costs related to the Temporary Mobile 00.00 Collection Budget category - both internal and/or external) $87 .500 .. Cateqorv total Residential Collection: 00.00 Category total Publicity & Education: Non-Personnel Costs: 0 Printing of direct mail flyers to promote temporary collection events $32,358 548,449@ .059 each 0 Advertising to promote 10 temporary collection events $292 per ad x 3 $8,760 ads run three weekends prior to the events 0 Mail services of promotional flyers to promote temporary collection $120,674 events, 548.449@ :22 each 11-40 *Co'Pies of bids/estimates attached. 0 Promotional costs will include in-store and mass media 157 collections $15,307 0 Personnel: (Include all individual staffing costs related to the Publicity & Education Budget category - both intemal and/or extemal) 00 $177,099 Cateaorv total Personnel: (Program Planning, Management, and Administration) (include detail af individual staff costs that relate only to program planning, management, and administration e.g. Recycling Coordinator # hours X $ rate for grant administration) 00 Cateaorv total Other: (Include any costs not directly attributed to above categories - e.g. travel, etc.) 00 Cateaorv total Indirect Costs: (Not to exceed 10% of HD 16 total) 00 Cateoorv total Budget Total $300,081 11-41 RESOLl.ITION NO. 2007-204 RESOLl.ITION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA TO BE THE LEAD AGENCY IN THE SOUTH BAY REGIONAL HOUSEHOLD HAZARDOUS WASTE PROGRAM, AUTHORIZING THE SUBMITTAL OF GRANT APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECTS ON BEHALF OF THE CITY OF CHULA VISTA AND P ARTICIP A TING JURlSIDICTIONS WHEREAS, on June 7, 2005, pursuant to Resolution No. 2005-187, the City Council, authorized the submittal of grant applications to the California Integrated Waste Management Board (Waste Board) for all available grants under the California Oil Recycling Enhancement Act (Used Oil) and all available household hazardous waste (HHW) grants through June 30, 2009; and WHEREAS, pursuant to Resolution No. 2005-187, the City Council also authorized the City Manager to execute all grant documents necessary to secure grant funds and implement approved projects relative to the Used Oil Grants and the HHW Grants; and WHEREAS, in June 2007, the City has submitted a grant application to the Waste Board requesting $300,000 for electronics, batteries, fluorescent light bulb and sharps/syringe waste collection events for the South Bay Regional Household Hazardous Waste Program (SBRHHWP), pursuant to the authorization granted by Resolution No. 2005-187; and WHEREAS, the SBRHHWP is comprised of the Cities of Chula Vista, Imperial Beach, and National City; and WHEREAS, the Waste Board has requested that the City act as lead agency for the SBRHHWP; and WHEREAS, staff is asking for an extension of the date for the submittal of grant applications to the Waste Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That it authorizes the City of Chula Vista to act as lead agency for the South Bay Regional Household Hazardous Waste Program. 11-42 Resolution No. 2007-204 Page 2 2. That it authorizes the submittal of grant applications to the California Integrated Waste Management Board for all available grants under the California Oil Recycling Enhancement Act and all available Household Hazardous Waste grants for the period of five years, not to exceed June 30,2012. 3. That it authorizes the City Manager, or designee, to execute all grant documents necessary to secure grant funds and implement the approved grant projects. Presented by Approved as to form ~Q;f~~ib_ ~(" Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 7th day of August 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ~I~ ATTEST: ~__[i-lA~)~ Susan Bigelow, C, Ci Clerk STATE OF CALIFORNlA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-204 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of August 2007. fu-.d _7'" '"y of Ao,"" 2007. ~ ~J 6..s-~ Susan Bigelow, MMC, City erk 11 -43 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE AWARD AND APPROPRIATING $300,000 IN UNANTICIPATED REVENUES FROM A GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM FOR THE 16TH CYCLE AND AMENDING THE FY 2008 WASTE MANAGEMENT AND RECYCLING FUND BUDGET WHEREAS, in June 2007, the City of Chula Vista, on behalf of the South Bay Regional Household Hazardous Waste Partnership (consisting of the cities of Imperial Beach, National City, and Chula Vista as the lead agency), submitted a grant funding application to the California Integrated Waste Management Board [CIWMB] for Household Hazardous Waste [HHW] activities, related to expansion of the Universal Waste Collection Program, and development of a medical needles/sharps proper disposal system for residential households under the authorization contained in Chula Vista City Council Resolution No. 2007-204 and supporting letters from the Partnership agencies; and WHEREAS, on December 12,2007, the CIWMB awarded the $300,000 request and gave staff the Notice To Proceed with the proposed programs; and WHEREAS, effective September I, 2008, needles and sharps will be banned from landfill disposal; and WHEREAS, this ban includes hypodermic needles, hypodermic needles with syringes, lancets, blades, needles with attached tubing, syringes contaminated with biohazardous waste, acupuncture needles, root canal files, broken glass items such as Pasteur pipettes, and blood vials generated as waste from home health care activities; and WHEREAS, the proposed grant projects for these targeted materials include establishing a partnership "take back" program with the retail stores and pharmacies that sell these products, making proper disposal more convenient for consumers and reducing costs to the City; and WHEREAS, grant work includes: (1) developing agreements with retail pharmacies to take used household batteries and sharps; (2) preparing an RFP for collection of these materials from the stores; (3) preparing in-store promotional materials; and, (4) preparing flyers and direct- mail materials for public education; and WHEREAS, staff has already had positive discussions with several retail pharmacies and will continue discussions with others to begin a "take back" program for the targeted materials; and WHEREAS, other grant activities include more one-day, temporary, collection events for electronics, fluorescent lamps, batteries and mercury devices; and WHEREAS, these events will be open to all residents in Chula Vista, National City, and Imperial Beach and funded through this grant; and J:\AlIomey\RESQ\GRANTS\GRANT Acceptallce CIWMB Hshld Hzrds Waslc_02-05-08f, -44 Resolution No. 2008- Page 2 WHEREAS, when the details of these events are finalized, staff will provide Council with program information along with public education pieces. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the award and appropriate $300,000 in unanticipated revenues from a grant from the California Integrated Waste Management Board Household Hazardous Waste Grant Program for the 16th cycle. BE IT FURTHER RESOLVED that the City Council does hereby amend the FY 2008 Waste Management and Recycling Fund Budget. Dave Byers Director of Public Works Presented by J:\Altomey\RESO\GRANTS\GRANT Acceptance CIWMB Hshld Hzrds waste_02-0S.Q8.fo1 -45 CITY COUNCIL AGENDA STATEMENT ~f::. Cln' OF ~=t~CHUlA VISTA 02/05/2008, Item / ~ SUBMITTED BY: RESOLUTION AUTHORIZING THE SUBMITTAL OF TIRE ENFORCEMENT GRANT APPLICATIONS IN PARTNERSHIP WITH THE CITY OF SAN DIEGO - LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSES OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE WORK SPECIFIED IN THE GRANT THROUGH JUNE 30, 2012.L1.. ____ DIRECTOR OF PUBLIC WORKS Vr CITY MANAGER c;. ] -Fa~ prz C, ASSIST ANT CITY MANAGER <<;,--r- 4/5THS VOTE: YES 0 NO 0 ITEM TITLE: REVIEWED BY: BACKGROUND In 1989, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. The California Integrated Waste Management Board (CIWMB) was charged with responsibility for tire pile stabilization and remediation where public health and safety and the environment may be at risk. Consequently, the CIWMB adopted regulations to establish and enforce waste tire storage and handling standards. The CIWMB has delegated the responsibility for the administration of the enforcement, compliance and surveillance activities at waste tire facilities to local solid waste enforcement agencies and cities and counties. To ensure a stable source of funding for these activities the CIWMB provides a non-competitive Tire Enforcement Grant program. The City of San Diego - Solid Waste Local Enforcement Agency (LEA) is the lead agency for this program in San Diego County and Chula Vista, Imperial Beach and National City are partnering with the City of San Diego on this program. This grant program will support the continuation of enforcement work that was started in 2007. ENVIRONMENTAL REVIEW Not applicable. 12-1 2/05/2008, Item_ Page 2 of 3 RECOMMENDATION Staffrecommends that Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION California is faced with the significant challenge of diverting or safely managing more than 40.2 million reusable or waste tires generated each year. It is estimated that 1.5 million waste tires have been illegally dumped or stockpiled. These stockpiles pose a potential threat to public health, safety, and the environment. In 1990, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. The California Integrated Waste Management Board (CIWMB) was charged with responsibility for tire pile stabilization and remediation where public health and safety and the environment may be at risk. Consequently, the CIWMB adopted regulations to establish and enforce waste tire storage and handling standards. Public Resources Code Section 42961.5 required the CIWMB to develop a "California Uniform Waste and Used Tire Manifest" system. Its purpose is to provide accountability for monitoring the movement of waste and used tire loads within California. The CIWMB uses the Manifest System to ensure that all waste tires generated and transported within California have been accounted for and delivered to permitted end use facilities. Discrepancies are actively investigated and, if necessary, regulations are strictly enforced. The maximum civil penalties for violations of the waste tire hauling and manifesting requirements are $25,000 per violation per day as described in Public Resources Code Section 42962, and administrative penalties are $5,000 per violation per day. The CIWMB has delegated the responsibility for the administration of the enforcement, compliance and surveillance activities at waste tire facilities to local solid waste enforcement agencies, cities and counties. The central objective of facility, site and hauler inspections, is to achieve compliance through oversight and education to the greatest extent possible and to provide accurate information for entry into a statewide database. Inspections may be performed by CIWMB staff or by waste tire enforcement grantees. To ensure a stable source of funding for these activities, the CIWMB provides a non-competitive Tire Enforcement Grant program. Each year there is approximately six million dollars available for the grant program. Eligible applicants may request up to a total of $300,000. To be eligible for grant money, the applicant must have 50 or more waste tire sites in its jurisdiction and must be one of the following: 1. A Local Enforcement Agency 2. An Environmental Health Agency 3. A Code Enforcement Agency 12-2 2/0512008, Item_ Page 3 of 3 The City of San Diego-Local Enforcement Agency has been operating a Tire Enforcement program for some time. Since the cities ofChula Vista, National City and Imperial Beach do not meet all the eligibility requirements to apply for the funding on their own, the City of San Diego invited the South Bay jurisdictions to partner with San Diego for this grant funding. The City of San Diego Local Enforcement Agency staff performs the initial inspections and follow-up inspections for all waste tire facilities and sites and will include the facilities and sites located within the partner jurisdictions. If there were a non-compliance issue, Enforcement staff would notify the City of Chula Vista and the CIWMB with enforcement activities pursued at the state level. 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)(I) is not applicable to this decision. FISCAL IMPACT There is no impact to the general fund as a result of applying for and accepting this grant and implementing the work; no matching funds are required. Prepared by: Lynn France, Environmental Services Program Manager, Public Works Department 12-3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF TIRE ENFORCEMENT GRANT APPLICATIONS IN PARTNERSHIP WITH THE CITY OF SAN DIEGO - LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSES OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE WORK SPECIFIED IN THE GRANT THROUGH JUNE 30, 2012 WHEREAS, in 1990, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires; and WHEREAS, the California Integrated Waste Management Board [CIWMB] has delegated the responsibility for the administration of tire enforcement, compliance and surveillance activities at waste tire facilities to solid waste Local Enforcement Agencies [LEA]; and WHEREAS, funds are allocated and available from the CIWMB for grants to LEAs to perform enforcement, compliance, and surveillance activities at waste tire facilities; and WHEREAS, the City of San Diego ELA has agreed to act as lead jurisdiction on behalf of the cities ofChula Vista, Imperial Beach, and National City. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the submittal of tire enforcement grant applications in partnership with the City of San Diego - Local Enforcement Agency. BE IT FURTHER RESOLVED that the City Council does hereby authorize the City of San Diego to act on behalf of the City of Chula Vista to execute all necessary applications, contracts, payment requests, agreements and amendments for the purposes of securing grant funds and to implement and carry out the work specified in the grant through June 30, 2012. Dave Byers Director of Public Works Presented by J:\Attomey\RESO\GRANTS\Califomia Integrated Waste Mgmt Bd_02-05-08.doc 12-4 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~~ CITY OF ~ - - CHUlA VISTA 02/05/08, Item 13 RESOLUTION ACCEPTING AND APPROPRIATING $81,281 IN UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S USED MOTOR OIL RECYCLING BLOCK GRANT FOR 2007-2008, 13TH CYCLE AND AMENDING THE FY08 WASTE MANAGEMENT AND RECYCLING BUDGET DIRECTOR OF PUBLIC WORK;z/;J CITY MANAGER c;. T -h ~ (Yl. ~ ASSISTANT CITY MANAGER ~--r- 4/5THS VOTE: YES ~ NO 0 BACKGROUND The California Used Oil Enhancement Act (1999) requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates that the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil and oil filter recycling. Chula Vista is the lead agency for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial Beach and National City. ENVIRONMENTAL REVIEW Not applicable. RECOMMENDATION Staff recommends that Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 13-1 2/20/07, Item_ Page 2 of2 DISCUSSION The scope of work for this grant is a "regional" program that includes the cities of Chula Vista, Imperial Beach, and National City. The program targets regional watershed protection issues that affect all the cities that share the South Bay watershed. The primary purpose of this block grant is to provide alternatives to illegal disposal of used motor oil through a network of collection opportunities and outreach efforts designed to inform and motivate the public to recycle used oil. This grant will provide continued technical assistance and new supplies for approximately 30 free used oil recycling drop-off centers and curbside collection programs in Chula Vista, National City and Imperial Beach. The public education component will allow the City to continue to provide advertising, portable displays, point of purchase displays, the Used Oil Hotline, billing inserts, bottles, funnels or drain pans. This will also allow staff to have a booth at the various car shows, public events and auto part stores throughout the South Bay, reaching out to our target audience the "Do It Yourselfers" (DIYers). DECISION MAKER CONFLICT Staffhas reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT The grant will provide $81,281 to continue to operate the used oil recycling program - education and promotion through June 30, 2010. There is no impact to the General Fund as a result of accepting this grant and implementing the work. The program does not require matching funds. ATTACHMENTS Notice to Proceed Resolution 2007-204 Prepared by: Lynn France, Environmental Services Program Manager, Public Works Department 13-2 STATE OF CALIFORNIA. ENVIRONMENTAL PROTECTION AGENCY CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD GRANT AGREEMENT CIWM6110 (Ravised 10107) I GRANT NUMBER UBG13-07-27 NAt.' E OF GRANT PROGRAM 2007/200B Used Oil Block Grants - Thirteenth Cycle GR~.NTEE NAME Ci of Chula Vista TAXPAYER.S FEDERAL EMPLOYER IDENTIFICATION NUMBER TOTAL GRA.NT AMOUNT NO~ TO EXCEED $81,281.00 TERM OF GRANT AGREEMENT FROM: Jul 01, 2007 TO: June 30, 2010 THIS AGREEMENT is made and entered into on this 1mb. day of October 2007, by the State of California, acting through the Executive Director of the California Integrated Waste Management Board (the !'StateN) and City of Chula Vista (the "Grantee"). The State and the Grantee, in mutual consideration of Ihe promises made herein, agree as follows: The Grantee further agrees to abide by the provisions of the following exhibits attached hereto: Exhibit A. Terms & Conditions Exhibit 8 - Procedures & Requirements Exhibit 82 - Index of Website Addresses, Forms and Contact Resources Exhibits A, Band 82 attached hereto and the State approved application are incorporated by reference herein and made a part hereof. The State agrees to fund work done by the Grantee in accordance with this Agreement up to the Total Grant Amount Not to Exceed specified herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates entered below, GRANTEE' NAME (PRINT OR TYPE) CAI-IFORNIA INTEGRATEO WASTE MANAGEMENT BOARD -L'jV\V\ - City of Chula Vista f-nlnG."'--' SIGNATURE OF CIWMB.S AUTHORIZED SIGNATORY: SIGNATURE OF GRANTEE: (AS AUTHORIZED IN RESOLUTION OR LETTER OF DESIGNEE AUTHORIZATION) /-----L-rCJ :~rv'/~ ~4:)U)....vCU---' u_--7-:}-Z;X~- ~ ". ", I DATE TITLE ~ I DArE Mark Leary, Executive DireCtor---' ,. / ,.- bwr. )o>rv Ile', (fc:<) . jV1'irI'- 1/1 i.;1U/ / '7'/t::I/O+ (Authorized r~n~esenlalive ' ~ , GRANTEE' ADDRESS (JNCLUDE,~TR~T, CITY, ~:~TE AN~ lIP. 900~) . i ~LD lj''JrJJ.t ~~eLL. l\cI, (CUJ-JPI ~ I~ta, (Ii- C(/91/ CERTIFICATION OF FUNDING AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE) FUN D TITLE AGREEMENT 2007/2008 Used 011 Block Grants - Thlrteentl1 Cycle OIL $81,281.00 (OPTJONAl USE) PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT ITEM CHAPTER I STATUTE I FISCAL YEAR TOTAL AMOUNT ENCUMBERED TO 3910-602-0100 817 1991 2007/2008 DATE OBJECT OF EXPENDITURE (CODE AND TITLE) $81,281.00 1000-75100-702 I hereby certify upon my own personai knowledge that budgeted funds are available T.BA NO. IB.R. NO. for the Deriod and purpose of the expenditure stated above. SIGNATURE OF CIWMB ACCOUNTING OFFICER: \v-~Q.. lATE . OCT 3 1 2001 r. , . .- ~- 13-3 RESOLUTION NO. 2007-204 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUrnORlZING THE CITY OF CHULA VISTA TO BE THE LEAD AGENCY IN THE soum BAY REGIONAL HOUSEHOLD HAZARDOUS WASTE PROGRAM, AUTIlORlZING THE SUBMITTAL OF GRANT APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, AND AUTHORlZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECTS ON BEHALF OF THE CITY OF CHULA VISTA AND PARTICIPATING JURISIDICTIONS WHEREAS, on June 7, 2005, pursuant to Resolution No. 2005-187, the City Council, authorized the submittal of grant applications to the California Integrated Waste Management Board (Waste Board) for all available grants under the California Oil Recycling Enhancement Act (Used Oil) and all available household hazardous waste (HHW) grants through June 30, 2009; and WHEREAS, pursuant to Resolution No. 2005-187, the City Council also authorized the City Manager to execute all grant documents necessary to secure grant funds and implement approved projects relative to the Used Oil Grants and the HHW Grants; and WHEREAS, in June 2007, the City has submitted a grant application to the Waste Board requesting $300,000 for electronics, batteries, fluorescent light bulb and sharps/syringe waste collection events for the South Bay Regional Household Hazardous Waste Program (SBRHHWP), pursuantto the authorization granted by Resolution No. 2005-187; and WHEREAS, the SBRHHWP is comprised of the Cities of ChuIa Vista, Imperial Beach, and National City; and WHEREAS, the Waste Board has requested that the City act as lead agency for the SBRHHWP; and WHEREAS, staff is asking for an extension of the date for the submittal of grant applications to the Waste Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That it authorizes the City of Chula Vista to act as lead agency for the South Bay Regional Household Hazardous Waste Program. 13-4 Resolution No. 2007-204 Page 2 2. That it authorizes the submittal of grant applications to the California Integrated Waste Management Board for all available grants under the California Oil Recycling Enhancement Act and all available Household Hazardous Waste grants for the period of five years, not to exceed June 30, 2012. 3. That it authorizes the City Manager, or designee, to execute all grant documents necessary to secure grant funds and implement the approved grant projects. Presented by Approved as to form ~Q~~~ 't>{" Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of August 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None C~l~ ArrEST: ~___iJ.J A~)~ Susan Bigelow, C, Ci Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-204 was duly passed, approved, and adopted by the City Council aJ: a regular meeting of the Chula Vista City Council held on the 7th day of August 2007. _,",,"",,"yofA_2007. ~~&..7:~ Susan Bigelow, MMC, City erk 13-5 EXHIBIT A TERMS AND CONDITIONS Used Oil Recycling Block Grant Program Fiscal Year 2007/08 (Cycle 13) This grant may not be funded unless tbe proposed Grantee meets tbe following two conditions: 1) The proposed Grantee must payor bring current all outstanding debts or scheduled payments owed to tbe California Integrated Waste Management Board within ninety (90) days from the date of tbe grant award. 2) The proposed Grantee must complete, sign, and return the Grant Agreement within ninety (90) days from the date recorded on the Grant Agreement package's cover letter. The following terms used in tbis Grant Agreement (Agreement) have the meanings given to them below, unless tbe context clearly indicates otherwise: "CIWMB" means tbe California Integrated Waste Management Board. "Executive Director" means the Executive Director oftbe CIWMB or his or her designee. "Grant Agreement" and "Agreement" means all documents comprising the agreement between the CIWMB and the Grantee for this Grant. "Grant Manager" means tbe CIWMB staff person responsible for monitoring the grant. "Grantee" means the recipient of funds pursuant to this Agreement. "Program" means the Used Oil Recycling Block Grant Program. "State" means the State of California, including, but not limited to, the CIWMB and/or its designated officer. 1. ACKNOWLEDGEMENTS 2. ADVERTISINGI PUBLIC EDUCATION 3. AIR OR WATER POLLUTION VIOLATION The Grantee shall acknowledge ihe CIWMB's support each time projects funded, in whole or in part, by this Agreement are publicized in any medium, including, but not limited to, news media, brochures, or otber types of promotional material. The acknowledgement oftbe CIWMB's support must incorporate tb.e CIWMB logo and state "California Integrated Waste Management Board: Zero Waste- You Make It Happen!" Initials or abbreviations for tbe CIWMB shall not be used. The Grant Manager may approve deviation from this prescribed language on a case-by-case basis where such deviation is consistent with tbe CIWMB's Communication Strategy and Outreach Plan. If, subsequent to this Agreement, tbe CIWMB adopts updated or new logos, slogans or language (language), tbe Grant Manager may require tbe Grantee to include this language in newly printed or generated materials. The Grantee shall submit copies of all draft public education or advertising materials to the Grant Manager for review and approval prior to the Grantee's production of materials. Unless omission oftbe following copyright designation is pre-approved in writing by the Grant Manager, all public education and advertising materials shall state: "10 {year of creation) by the California Integrated Waste Management Board (ClWMB). All rights reserved. This publication, or parts thereof, may not be reproduced without permission from CIWMB." Under the State laws, tbe Grantee shall not be: a. In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; Revised 4/19/07 - Entitlement T's & C's 13-6 4. AMENDMENT 5. AMERICANS WITH DISABILITIES ACT 6. ANTITRUST CLAIMS b. Subject to cease and desist order not subject to review issued pursuant to section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or t. "FirtallTdeterlllinedto beili violation of provisions offedeI-al law reJating to air or water pollution. No amendment or variation of the terms ofthis Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. The Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. {i 12101 et seq.) The Grantee by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Grantee shall comply with the requirements oftlle Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1). "Public purchase" means a purchase by means of competitive bids of. goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2). "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 V.S.C. Sec. 15) Or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. cl. Upon demand in writing by the assignor, the assignee shall, within one year 2 Revised 4/19/07 -Entitlement T's & C's 13-7 7. ASSIGNMENT, SUCCESSORS AND ASSIG NS 8. AUDITIRECORDS ACCESS 9. AUTHORIZED REPRESENTATIVE 10. AVAILABILITY OF FUNDS 11. CHILD SUPPORT COM PLlANCE ACT from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. a. This Agreement may not be assigned by the Grantee, either in whole or in part, without the CIWMB' s p.rior written consent. b. The provisions of this Agreement shall be binding upon and inure to the benefit of the CIWMB, the Grantee, and their respective successors and assigns. The Grantee agrees that the CIWMB, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement The Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews cif any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement. [You may find it helpful to share the Terms and Conditions and Procedures and Requirements with your finance department, contractors and subcontractors. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks} The Grantee shall continuously maintain a representative vested with signature authority authorized to work with CIWMB on all grant-related issues. The Grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information of the authorized representative. The CIWMB's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant. For any agreement in excess of $100,000, the Grantee acknowledges that: a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (co=encing with Section 5200) of Part 5 of Division 9 of the Family Code; and b. The Grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California 3 Revised 4/19/07 - Entitlement T's & C's 13-8 12. COMMUNICATIONS 13. COMPETITIVE BIDDING 14. COMPLIANCE 15. CONFIDENTIALITY! PUBLIC RECORDS 16. CONFLICT OF INTEREST Employment Development Department. All communications from the Grantee to the CIWMB shall be directed to the Grant Manager. All notices, including reports and payment requests, required by this Agreement shall be given in writing by E-mail, letter, or FAX to the Grant Manager as identified in Exhibit B - Procedures and Requirements. If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the E-mail or FAX. The CIWMB encourages Grantees to use a competitive bidding process or to require and maintain on file a written justification for any exceptions thereto, when contracting for services required under this Agreement. The Grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The Grantee shall provide evidence, upon request, that allloca~ state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The Grantee shall maintain compliance with such requirements throughout the grant period. The Grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the termS of this Agreement. Any deviation from the requirements of this section shall result in non-payment of grant funds. The Grantee and the CIWMB acknowledge that each party may come into possession of information and/or data that may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information or data may be subject to disclosure under the California Public Records Act, Government Code Section 6250 et seq. The CIWMB agrees not to disclose such information or data furnished by the Grantee and to maintain such information or data as confidential when so designated by the Grantee in writing at the time it is furnished to the CIWMB, but only to the extent that such information or data: is exempt from disclosure under the California Public Records Act. The Grantee needs to be aware of the following provisions regarding current or former state employees. If the Grantee has any queStions on the status of any person rendering services or involved with this Agreement, the CIWMB must be contacted immediately for clarification. Current State Employees (Public Contracts Code (PCe) J 10410): a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC J 10411): a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or 4 Revised 4/19/07 - Entitlement T's & e's 13-9 17. CONTRACTORS! SUBCONTRACTORSI VENOORS - DEFINrTlONS 18. CONTRACTORS! SUBCONTRACTORS 19. COPYRIGHTS AND TRADEMARKS any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service. If the Grantee violates any provisions of above paragraphs, such action by the Grantee shall render this Agreement void. (pCC ~ 10420). Contractor: A person or entity that contracts with the Grantee to perform eighty percent (80%) or more of the work required by this Agreement, including, but not limited to, any requirements imposed by the CIWMB. Subcontractor: A person or entity that contracts with the Grantee or Contractor to perform a portion (less than eighty percent [80%]) of the work required by this Agreement, including, but not limited to, any requirements imposed by the CIWMB. Vendor: A person or entity that contracts to sell goods; the sale of services is expressly excluded from this definition. The Grantee will be entitled to make use of its own staff and such contractors and subcontractors as are mutually acceptable to the Grantee and the CIWMB. Any change in contractors or subcontractors must be mutually acceptable to the parties. Immediately upon termination of any such contract or subcontract, the Grantee shall notify the ,Grant Manager. The Grantee and, if applicable, the Contractor, shall incorporate the Terms and Conditions - Exhibit A, and the Procedures and Requirements - Exhibit B, of the Agreement into any and all contracts and subcontracts entered into to fulfill any task(s) associated with this Agreement. However,nothing contained in this Agreement or otherwise, shall create any contractual relation between the CIWMB and any contractors or subcontractors of Grantee, and no agreement with contractors or subcontractors shall relieve the Grantee of its responsibilities . and obligations hereunder. The Grantee agrees to be as fully responsible to the CIWMB for the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its contractors and subcontractors is an independent obligation from the CIWMB's obligation to make payments to the Grantee. As a result, the CIWMB shall have no obligation to payor to enforce the payment of any moneys to any contractor or subcontractor. . a. To the extent the Grantee shall have the legal right to do so, Grantee shall assign to the CIWMB any and all rights, title, and interests to any copyrightable material or tradernarkable material created or developed in whole or in any part as a result of this Agreement, but which originated from previously copyrighted or trademarked material. With respect to all other copyrightable and trademarkable materials, the CIWMB shall retain any and all rights, title and interests to any copyrightable material or trademarkable material created or developed in whole or in any part as a result of this Agreement. These rights, both assigned and retained, shall include the right to register for copyright or trademark of such Revised 4/19/07 - Entitlement T's & C's 13-10 5 20. CORPORATION QUALIFIED DOING BUSINESS IN CALIFORNIA 21. DISCLAIMER OF WARRANTY 22. DISCRETIONARY TERMINATION materials.. Grantee shall require that its contractors and subcontractors agree that all such materials shall be the property of the CIWMB. The Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images or other materials owned, copyrighted or trademarked by third parties and for assigning such . licenses, permissions, releases, or authorizations to the CIWMB pursuant to this section. Copies of any licenses~ permissions, releases or authorizations obtained pursuant for the use of text, images or other materials owned, copyrighted or trademarked by third parties shall be provided to the Grant Manager. Under unusual and very limited circumstances, where to do so would not conflict with the rights of the CIWMB and would serve the public interest, upon written request by the Grantee, the CIWMB may give, at the Executive Director's sole discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. b. The CIWMB hereby grants to the Grantee a royalty-free, nonexclusive, nontransferable world-widelicense to reproduce, translate, and distribute copies of the copyrightable materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on the Grantee's behalf. This license is limited to the copyrightable materials produced pursuant to this Agreement and does not extend to any materials capable of being trademarked. The following shall appear on all intellectual property used by Contractor pursuant to this license, solely for the purpose of protecting the CIWMB's intellectual property rights therein: "Ii:! {year of creation) by the California Integrated Waste Management Board (CIWMB). Used pursuant to license granted by CIWMB. All rights reserved. This publication, or parts thereof, may not be reproduced without permission. " When work under this Agreement is to be performed in California by a corporation, the corporation shall be in good standing and currently qualified to do business in the State. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. The CIWMB makes no warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materialS, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CIWMB employees or agents have any right or authority to make any other representation, warranty or promise with respect to any Diaterials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall the CIWMB be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement. The Executive Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon thirty (30) days written notice to the Grantee. Within forty-five (45) days of receipt of written notice, Grantee is required to: a. Submit a final written report describing all work performed by the 6 Revised 4/19/07 -Entitlement T's & C's 13-11 23. DIS PUTES 24. DRUG-FREE WORKPLACE CERTIFICATION 25. EFFECTIVENESS OF AGREEMENT 26. ENTIRE AGREEMENT 27. ENVIRONMENTAL JUSTICE 28. FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT , Grantee; b. Submit an accounting of all grant funds expended up to and including the date of termination; and, c. Reimburse the CIWMB for any unspent funds. Unless otherwise instructed by the Grant Manager, the Grantee shall continue with its responsibilities under this Agreement during any dispute. The person signing this Agreement on behalf of the Grantee certifies under penalty of peJjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (GC 9 8350 et seq.) and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. b. Establish a drug-free awareness program to inform employees about all of the following: (1) the dangers of drug abuse in the workplace, (2) the Grantee's policy of maintaining a drug-free workplace, (3) any available counseling, rehabilitation, and employee assistance programs, and (4) penalties that may be imposed upon employees for drug abuse violations. c. Require that each employee who works on the grant: (I) receive a copy of the drug-free policy statement of the Grantee, and (2) agrees to abide by the terms of such statement as a condition of employment on the grant. This Agreement is of no force or effect until signed by both parties. This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire Agreement of the parties. ill the performance of this Agreement, the Grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner. that ensures the fair treatment of people of all races, cultures, and iocome levels, ioduding minority populations and low-iocome populations of the State. The CIWMB will benefit from the Grantee's full compliance with the terms of this Agreement only by the Grantee's: a. illvestigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycliog of wastes; or b. Cleanup of the environment; or c. Enforcement of solid waste statutes and regulations, as applicable. Therefore, the Grantee shall be in compliance with this Agreement only if the work it performs results in: a. Application of information, a process, usable dsta or a product which 7 Revised 4/19/07 - Entitlement T's & C's 13-12 29. FORCE MAJEURE 30. FORFEIT OF GRANT FUNDs/REPAYMENT OF FUNDS IMPROPERLY EXPENDED 31. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES 32. GRANTEE ACCOUNTABILITY 33. GRANTEE'S INDEMNIFICATION AND DEFENSE OF THE STATE 34. GRANTEE'S NAME CHANGE 35. NO AGENCY RELATIONSHIP CREATEDI INDEPENDENT can be used to aid io reduction, reuse, and/or recycliog of waste; or b. The cleanup of the environment; or c. The enforcement of solid waste statutes and regulations, as applicable. Neither the CIWMB nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, flIe, explosion, riot, war, rebellion, sabotage, flood, or other contiogencies unforeseen by the CIWMB or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party. If grant funds are not expended, or have not been expended, io accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes io accordance with this Agreement, the Executive Director, at his or her sole discretion, may take appropriate action uoder this Agreement, at law or io equity, iocluding requiriog the Grantee to forfeit the uoexpended portion of the grant funds and/or to repay to the CIWMB any funds improperly expended. The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures. The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program In the event an audit should det=ioe that grant funds are owed to the CIWMB, the Grantee is responsible for repayment of the funds to the CIWMB. The Grantee agrees to iodernnify, defend and save harmless the State .and the CIWMB, and their officers, agents and employees from any and all claims and losses accruiog or resultiog to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishiog or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this Agreement. A written amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change, the CIWMB will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment. The Grantee and the agents and enwloyees of Grantee, in the performance of this Agreement, shall act io an independent capacity and not as officers or employees or agents of the CIWMB. 8 Revised 4/19/07 - Entitlement T's & C's 13-13 CAPACITY 36. NON- DISCRIMINATION CLAUSE 37. OWNERSHIP OF DRAWINGS, PLANS. AND SPECIFICATIONS 38. PATENTS 39. PAYMENT During the performance of this Agreement, Gran~ee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Government Code ~~ 12900 et seq. The State shall have separate and iodependent ownership of all drawiogs, design plans, specifications, notebooks, traciogs, photographs, negatives, reports, findings, recommendations, data, software, and memoranda of every description or any part thereof, paid for io whole or io any part with grant funds. Copies thereof shall be delivered to the CIWMB upon request. Grantee agrees, and shall require that its contractors, subcontractors, and vendors agree that the State shall have the full right to use said copies io any manner when and where it may determine without any claim to additional compensation. The Grantee assigns to the CIWMB all rights, title, and ioterest io and to each iovention or discovery that may be capable of beiog patented, that is conceived of or first actually reduced to practice io the course of or under this Agreement, or with the use of any grant funds. Such assignment shall include assignment of any patents registered with the United States Patent and Trademark Office. Grantee further agrees to cooperate with and assist theCIWMB io the preparation of any patent application. Under certaio unusual and very limited circumstance, where to do so would not conflict with the rights of the CIWMB and would serve the public interest, upon written request by the Grantee, the CIWMB may give, at the Executive Director's sole discretion, written consent to the Grantee to retaio all or any part of the ownership of these rights. a. Upon execution of this Agreement by both parties, the CIWMB may advance grant funds to Grantee provided that Grantee, in the sole discretion of the Executive Director, qualifies for such advance payment and has satisfactorily complied with the applicable requirements contained in this Grant Agreement Package. The CIWMB may elect not to advance payment if Grantee has not satisfactorily complied with the applicable terms and conditions of previous grants and/or does not meet other threshold requirements identified in the Procedures and Requirements (Exhibit B). b. All expenditures must be directly related to the tasks identified in the Procedures and Requirements (Exhibit B). c. Upon receipt of grant funds, the Grantee shall deposit and maintaio until expended all grant funds in an ioterest beariog account io a federally iosured financial institution. All ioterest accrued and received from this account must be used for eligible expenses related to the performance of this Agreement. Interest funds must be accounted for io all grant reports. All unused ioterest funds must be returned to the cIWMB at the end of the grant term d. Ten percent (10%) will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated io this Agreement have been satisfactorily completed. e. Lodgings, Meals and Incidentals: Unless otherwise provided for in this Agreement, Grantee's Per Diem eligible costs are limited to the amounts authorized io the California State Administrative Manual (contact your Grant 9 Revised 4/19/07 - Entitlement T's & C's 13-14 40. PERSONNEL COSTS 41. REAL AND PERSONAL PROPERTY .ACQUIRED WITH GRANT FUNDS 42. RECYCLED- CONTENT CERTIFICATION Manager for more information). f. Payment will be made only to the Grantee. g. Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in Exhibit B. If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled a. All real and personal property, including equipment and supplies, acquired with grant funds shall be used by the Grantee only for the purposes for which the CIWMB approved their acquisition for so long as such property is needed for such purposes, regardless of whether the Grantee continues to receive grant funds from the CTWMB for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which the CIWMB approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California. b. Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the Grantee. The Grantee shall execute all documents required to provide the CIWMB with a purchase money security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that the CIWMB shall be in first priority position with respect to the purchase money security interest on any such property acquired with the grant funds, unless pre-approved in writing by the Grant Manager that the CIWMB will accept a lower priority position with respect to the purchase money security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition. c. The Grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of the CIWMB. d. The CIWMB will not reimburse the Grantee for the acquisition of equipment that was previously purchased with CTWMB grant funds, unless the acquisition of such equipment with grant funds is pre-approved in ,writing by the Grant Manager. In the event of a question concerning the eligJbility of equipment for grant funding, the burden will be on the Grantee to establish the pedigree of the equipment. The Grantee shall certify the minimum, if not the exact, percentage of postconsumer and secondsry material in the products, materials, goods, and supplies purchased with grant funds. This certification shall be provided to the CIWMB on the Recycled Content Certification Form (CIWMB 74G) available at www.ciwmb.ca.gov/Grants/Forms/CTWMB074.pdf. 10 Rcvised-4/19/07 - Entitlement T's & C's 13-15 43. RECYCL.ED- CONTENT PAPER 44. RECYCLED- CONTENT PRODUCT PROCUREMENT 45. REDUCTION OF WASTE 46. REDUCTION OF WASTE TIRES 47. REMEDIES 48. RESOLUTION 49. SEVERABIUTY 50. SITE ACCESS All documents submitted by the Grantee must be printed double-sided on recycled-content paper containing one hundred percent (100%) post-consumer fiber. Specific pages containing photographs or other ink-intensive graphics may be printed on photographic paper. In the performance of this Agreement, for purchases made with grant funds, the Grantee shall purchase recycled-content products (RCP), as defined by the State Agency Buy Recycled Campaign (SABRe) minimum recycled content requirements see www.ciwmb.ca.~ov/BuvRecvcled/StateA~encv/. If the Grantee cannot purchase RCPs, the Grantee must document why it was unable to comply with this requirement and request written pre-approval from its Grant Manager to deviate from this policy.. In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials usee!; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate. Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all purchases made with grant funds, including, but not limited to, equipment and tire-derived feedstock, the Grantee shall purchase and/or process only California waste tires and California waste tire-derived products. As a condition of final payment under this Agreement, the Grantee must provide documentation substantiating the sourc.e of the tire materials used during the performance of this Agreement to the Grant Manager. Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. A county, city, district, or other local public body must provide the CIWMB with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law has authority to enter into an agreement, authorizing execution of this Agreement and designating the job title of the individual authorized to sign on behalf of the local public body. If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms. The Grantee shall allow the State to inspect sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all 11 Revised 4/19/07 - Entitlement T'5 & C's 13-16 51. STOP WORK NOTICE 52. SWEATFREE CODE OF CONDUCT 53. TERMINATION FOR CAUSE 54. TIME is OF THE ESSENCE 55. TOLLING OF STATUTE OF LIMITATiONS 56. UNION ORGANIZING issues related to the grant project have been resolved. I=ediately upon receipt of a written notice from the Grant Manager to stop work, the Grantee shall cease all work under this Agreement. . a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procureII)ent of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies obtained with Grant funds have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that it adheres to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir:ca.~ov. and Public Contract Code Section 6108. b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee's records, documents, agents or employees, or premises if reasonably required by authorized officials of the CIWMB or its agents, the Department of Industrial Relations, or the Department of Justice to determine the Grantee's compliance with the requirements under paragraph (a). The CIWMB may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, the CIWMB may proceed with the work in any manner deemed proper by the CIWMB. All costs to the CIWMB shall be deducted from any sum due the Grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the Grantee of any funds retained pursuant to the CIWMB' s ten percent (10%) retention policy. Time is of the essence of this Agreement. The statute of limitations for bringing any action, administrative or civil, to enforce the terms of this Agreement or to recover any amounts determined to be owing to the CIWMB as the result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the Grantee to the Executive Director and/or the Board. By signing this Agreement, the Grantee hereby acknowledges the applicability of Government Code SS 16645,16645.2,16645.8,16646, 16647, and 16648 to this Agreement and hereby certifies that: . a. No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. b. If the Grantee makes expenditures to assist, promote, or deter union organizing, the Grantee will maintain records sufficient to show that no state Revised 4/ 19/07 - Entitlement T' 5 & C' 5 12 13-17 57. UNRELIABLE LIST 58. VENuE! CHOICE OF LAW 59. WAIVER OF CLAIMS AND RECOURSE AGAINST THE STATE 60. WORK PRODUCTS 61. WORKERS' COM PENSA TION/LABOR CODE funds were used for those expenditures, and that Grantee shall provide those records to the Attorney General upon request. Prior to authorizing a contractor(s) to co=ence work under this Grant, the Grantee shall submit to the CIWMB a declaration from the contractor(s), signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor(s). See www.ciwmb.ca.govlRelWlations/Title14/ch1.htm#Chla5. If a contractor is placed on the CIWMB Unreliable List after award of this Grant, the Grantee may be required to terminate that contract. a. All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County,_ California. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. b. The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The Grantee agrees to waive all claims and recourse against the State, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement. The Grantee must provide the CIWMB with copies of all printed materials and photographs of all other fInal products paid for with Grant funds. Physical copies of the fInal product shall be provided upon request of the Grant Manager. The Grantee is aware of Labor Code section 3700, which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee affIrms to comply with such provisions before co=encing the performance of the work of this Agreement. 13 Revised 4/19/07 - Entitlement T's & C's 13-18 EXHIBIT B PROCEDURES AND REQUIREMENTS Used Oil Recycling Block Grant (13th Cycle) for FY 2007/08 Copies of these Procedures and Requirements should be shared with BOTH the Finance Department AND the staff responsible for implementing the grant activities. Important Dates July 1, 2007 Fall 2007 July 1, 2008 August 15, 2008 August 15, 2009 June 30, 2010 August 15, 2010 Used Oil Block Grant (UBG) 12 (FY 2006/07) Procedures and Requirements shall govern any expenditure of UBG13 funds between July 1,2007 and date of UBG13 Notice to Proceed Grant term officially begins with Notice to Proceed , {provisions within UBG 13's Grant Agreement become effective). In the interim, UBG12 Procedures and Requirements still apply. These Procedures and'Requirements and the accompanying Terms and Conditions (Exhibit A) shall remain in effect for purposes of implementing the UBGs during any interim period between the end of the UBG13 Grant Cycle on July 1,2008, and the execution of a new Grant Agreement governing the UBG14 Grant Cycle for Fiscal Year 2008/09. Annual Report Due Annual Report Due Grant Term Ends Final Report Due All communication regarding this grant should be directed to your CIWMB Grant Manager unless otherwise specifically stated, To find the name and telephone number of your CIWMB Grant Manager, refer to www.ciwmb.ca.Qov/HHW/Grants/Contacts.htm . Questions? The Grantee may also call the Financial Assistance Division, Grant and Loan Resources Branch at (916) 341-6457. Send Reports, Grant Payment Requests, and all other written correspondence to your CIWMB Grant Manager's attention at: California Integrated Waste Management Board Financial Assistance Division Grant and Loan Resources Branch - MS #9A P.O. Box 4025,1001 "I" Street Sacramento, CA 95812-4025 Where to Send Reports, Payment Requests, etc. Attn: (your CIWMB Grant Manager's name) Version 207 Exhibit B 1 -11'30..19 UBGl3 Eligibility Expenditures Requiring Pre- Approval Ve",ion 207 Grantees must meet the minimum requirements at the beginning of the grant cycle to be eligible to expend funds. Eligibility includes having at least one Certified Collection Center per 100,000 residents ofthe jurisdiction or a curbside collection program which includes used oil collection. Grantees, or their subcontractors or consultants, must possess or acquire all applicable agreementslpermits necessary to carry out the activities funded by the UBG and a copy or copies must be available for review if requested. UBG applicants who miss the June 1, 2007 application submission date or who miss the June 30, 2007 date for late submission of local government resolutions will not be eligible for UBG13 but will retain their eligibility for subsequent UBGs if they submit an annual report for all other UBGs that is approved by the CIWMB Grant Manager by the report deadline. Grantees who are invoiced for outstanding UBG funds may apply for UBGs and competitive grants, but any grants awarded will not be funded unless any outstanding invoices are paid within 90 days of the date the Board awards the grant. Expenditures associated with the tasks or products listed below must be approved in writinq bv the CIWMB Grant Manaqer prior to purchase or production. Please retain all approvals for audit purposes. Items not pre-approved MAY NOT be an eligible expenditure and payment may be denied. Allow at least five (5) working days for approval of the following items: . Premiums if the per item cost exceeds six dollars ($6) (not including sales tax) . All television, video,and radio scripts . Storm water mitigation (refer to section below for details) . School education and curricula expenses . School presentations (submit script and presentation purpose) . Equipment, vehicles, and trailers . Purchase of re-refined oil for non-fleet promotion and distribution. CIWMB Grant Managers will ask grantees to demonstrate the following before making a decision regarding approval.' o Confirm the availability of re-refined oil for sale in their community. o Pr:ovide information to the public on where to purchase the re-refined oil. o Provide evidence that the free give-away program will or has increased the amount of re-refined oil used in the community. ExhibitBI-Pa~~_20 UBG13 Expenditures Requiring Pre- Approval (cont'd) Pre-Approved Expenditures Version 207 . Web-page development . Computer equipment and software . Travel expenses . Financial incentives (includes: sponsorships, stipends, etc.) . Planning, background, or feasibility studies . Audit expenses for UBG and Opportunity Grant cycles. Time and funds related to the audit should be described in the current UBG EIS and must be for an audit of specific cycle(s) of the UBG and/or Opportunity Grant conducted by the CIWMB, California Department of Finance and/or California State Controller's Office. Expenses for audits of the Grantee's entire organization, or portions thereof, that include a review of one or more UBG and/or Opportunity Grant cycles are not eligible for reimbursement. All expenditures must be incurred, and payment made, with services provided and goods received during the grant cycle, July 1, 2007 - June 30,2010. The expenditures listed below under "Pre-Approved Expenditures" DO NOT have to be pre-approved by the CIWMB Grant Manager if they are related to the establishment, maintenance, or enhancement of used oil and used oil filter collection programs. . Used oil collection o Used oil and used oil filter collection o Curbside used oil collection o Door-to-door used oil collection o Certified and non-certified used oil collection center support o Used oil collection through Household Hazardous Waste (HHW) Programs, including transportation costs of used oil o Set up and operation of temporary facilities for one-day or multi-day HHW collection events where used oil will be accepted o Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) 8-hour refresher training course for personnel who are directly involved with used oil and Household Hazardous Waste collection o Agricultural used oil collection projects o Marina used oil collection projects o Airport used oil collection projects Exhibit Bl- Ii"M 1 UBGl3 Pre-Approved Expenditures (cont'd) Storm Water Expenses Version 207 o Construction of Permanent HHW Collection Facility (PHHWCF) and Antifreeze, Battery, Oil, and Paint Facility (ABOP) where used oil is accepted - permanent features, . used oil-related equipment and supplies are eligible . Re-Refined Oil use for public fleets o Cost differential between re-refined and virgin oil oRe-refined oil promotion for fleet managers .. Publicity and education materials o Purchase and distribution of used oil containers, funnels, shop rags, coupons Other premiums whose cost is less than $6.00 and directly relate to and/or will be used for used oil and used oil. filter collection and recycling needs and/or will be . clearly linked to behavioral change that leads to an increase in used oil and used oil filter recycling. That linkage must be documented with evaluation data related to used oil recycling or other environmentally sustainable behaviors. . . School Education/Curricula Expenses (only for Earth Resources - A Case Study: Oil and Closing the Loop: 2000 edition1) o Promotion of training to local school staff and teachers o Meeting room expenses o Staff developer (trainer) costs (Travel is listed as requiring pre-approval) o Teacher expenses for attending training workshops of approved curriculum (including costs for substitute teachers) o Photocopying and materials expenses . Personnel costs for used oillused oil filter recycling activities o Training costs directly related to used oil/used oil filter recycling activities ., . Load checking projects related to the identification of used oil . Indirect or Overhead Costs that do not exceed 10% of the grant award amount and are supported with a cost-allocation plan Since January 2002, some storm water mitigation expenditures are considered eligible expenses. Storm water mitigation is defined in Public Resources Code Section 48618.4 to include "...the prevention of storm water pollution from used oil and oil byproducts and the reduction or alleviation of the effect of storm water pollution from used oil and oil ExhlbitBI-pa&f1_22 UBGl3 Storm Water Expenses (cont'd) Ineligible Expenses Version 207 byproducts by means of action taken on public property. Mitigation includes the installation of devices and implementation of practices that prevent used oil and oil byproducts from causing storm water pollution. Mitigation does not include the cleanup or restoration of polluted areas". . . Storm water expenses may not exceed 50% of the UBG award. . All related storm water expenses such as personnel, publicity and education, stenciling, and storm waterfilter purchase/maintenance is counted towards the 50% cap. . To be eligible, each jurisdiction must self-certify that it has a storm water mitigation program that has been approved by its local Regional Water Quality Control Board. . All storm water expenses must be accounted for, and reported as a separate category on the Expenditure Itemization Summary. The following types of storm drain filters (inserts; debris screens) are eligible: . A debris screen that covers the opening to the storm drain inlet. Regular municipal street-sweeping must occur where debris screens are installed; . A catch basin (street side) inlet insert that does not contain oil absorbent media; . A catch basin inlet insert that does contain oil absorbent media plus a debris screen that covers the opening to the storm drain inlet. (The debris screen prevents debris and sediment from entering the storm drain and obstructing the oil absorbent media.); . A vertical drop-in parking lot inlet insert that does contain oil absorbent media (must be covered by a grate or debris screen). Note: Periodic clean-out of catch basin inlet inserts and replacement of their oil-absorbent media are eligible for grant funding. However, street sweeping and clean-out of catch basin inlets without inserts are not eligible for grant funding. Any expenditure that does not support the implementation of used oil and used oil filter collection programs is ineligible for UBG funding. The activities, products, or expenditures listed below are specifically identified as ineligible. The ineligible expenditures include, but are not limited to: . Costs incurred prior to July 1, 2007 or after June 30, 2010 . Purchasing or leasing of land or buildings . Costs currently covered by another CIWMB loan, grant, or contract ExhibitBl-P'83223 UBGl3 Ineligible Expenses (cent'd) Version 207 . Purchasing of vehicles by non-governmental agencies . Leasing of gasoline-fueled vehicles (including hybrid vehicles) by non-govemmental agencies unless pre-approved in writing by . your CIWMB Grant Manager . Remediation (any cleanup or restoration of polluted areas) . Hazardous Waste Operations and Emergency Response Standards (HAZWOPER) 40-hour and 24-hour courses . Enforcement activities . Profit or mark-up by the Grantee . Preparation of Household Hazardous Waste (HHW) elements (HHWE) . Out-of-state travel . Developing or customizing of school curricula . Overtime costs/ Compensated Time Off (except for local government staffing during specially scheduled evening or weekend events outside of staffs normal work hours that have been pre-approved in writing by the CIWMB Grant Manager when law or labor contract requires overtime compensation) . Any food or beverages (e.g., as part of meetings, workshops, or events) . Cell phones, pagers, cameras, personal digital assistants, and other similar electronic devices . Movie theater screen advertising . Premiums that contribute to the HHW waste stream . Transportation & disposal of non-oil HHW from any facility or event . Equipment, materials or supplies at HHW facilities or antifreeze, battery, oil, and paint facilities (ABOP) not directly related to the collection of used oil and used oil filters . Any costs not consistent with local, state, or federal guidelines and regulations . Travel expenditures that exceed the state rate (for hotel and meal rates, see www.catravelsmart.com and click on "Lodging Reimbursement Rates" for.hotel maximum rates and "OPA Lodging Reimbursement" for Meals and Incidentals and for Personal Vehicle Mileage Reimbursement . Any personnel costs incurred as a result of time an employee assigned to the project funded by the grant does not work on the project (e.g., Lise of accrued sick leave, accrued vacation, etc.) . Any pre-paid expenditures for future goods or services delivered beyond the end of the grant tenn {Exemption: The CIWMB Grant Manager may consider approving products purchased in full before the end of the grant term but delivered after the grant term if the delay is caused solely by the supplier, and not by the Grantee. The Grantee must request an exemption in writing and Exlllbit Bl- Pa~~-24 UBGl3 PUbliCity and Education Requirements Version 207 receive written pre-approval from the CIWMB Grant Manager.) . Fines or penalties due to violation of federal, state or local laws, ordinances, or regulations . Costs to maintain an existing HHW program where used oil is not collected . Developing any type of permanent facility on non local government-owned property . Expenses for audits ofthe Grantee's entire organization, or portions thereof that include a review of one or more UBG and/or Opportunity Grant cycles are not eligible for reimbursement. Premiums must be appropriate for the target audience; durable, and not likely to be disposed of in a short time or to contribute to the waste stream or hazardous waste stream (e.g., any item containing batteries, mercury, etc.); and not promoting a particular brand-name products or private businesses. Premiums must directly relate to and/or be used for used oil and used oil filter collection and recycling needs and/or be clearly linked to behavioral change that leads to an increase in used oil and used oil filter recycling. That linkage must be documented with evaluation data related to used oil recycling or other environmentally sustainable behaviors. For all languages other than English, Grantee must work with a person fluent in reading and writing the language2. A description of the translator's qualifications, as well as an English version of the material must be submitted with the Final Report. Of key importance is that the translated material is at a reading level appropriate for its targeted audience. Materials or items purchased may be denied full reimbursement if they do not meet the requirements detailed in this section. All items/materials, as appropriate, must meet the acknowledgement, advertising/public education, and recycled-content product requirements3 as set forth in the Terms and Conditions, and must include the following: a) Acknowledgement of the CIWMB funding and the Board's slogan that reads "Funded by a Grant from the California Integrated Waste Management Board. Zero Waste - You Make It Happen!" Use of the initials "CIWMB" is not sufficient. Exception: The acknowledgement line is not required on small items where space constraints would not allow for this line, or if it would interfere with the message (pencils, small magnets, etc.). All exceptions must be pre-approved in writing by the CIWMB Grant Manager. Exhibit B 1 - Pi'!' -725 UBGl3 Publicity and Education Requirements (cont'd) Copyright Requirements Combining Used Oil With Other Environmental Programs Graphics , R I-'.CYC 1. F. LiSE!) 011. Versian 207 b) Specific information on used oil/used oil filter recycling/disposal. c) A list of used oil collection centers within the targeted community or a telephone number to call for information on local collection centers. When locations are listed, include the following language: "Call for hours of operation." (Use the 1-(lOO-CLEANUP number [or www.cleanuP.orq website] if your jurisdiction does not maintain its own 24-hour hotline.)" d) The "Used Oil Drop" logo with the words "Recycle Used Oil" or "Recycle Used Oil and Used Oil Filters" as appropriate. Copyright Requirements The foUowing language must appear on any copyrightable material produced with Board funds: Copyright language: @ {year of creation} by the California Integrated Waste Management Board (CIWMB). AU rights reserved. This publication, or parts thereof, may not be reproduced without permission from CIWMB. Examples of copyrightable material include but are not limited to: . CDs and DVDs of audio and/or visual material . Computer Software . Brochures, pamphlets, and reproductions of advertisements designed for distribution Please check with your CIWMB Grant Manager with specific questions about the applicability of using the copyright language. Both storm water and/or HHW recycling programs may be incorporated with the used oil recycling message on publicity and education (P&E) items. The funding level for the P&E portion for these programs will be determined on a case-by-case basis by the CIWMB Grant Manager. To be eligible for any funding, the proposal must meet the minimum requirements for Used Oil P&E, and clearly support all of the key components of the UBG program. Graphics are available on the CIWMB's website at: www.ciwmb.ca.Qov/UsedOil/Qraohics/default.htm#usedoiI.) Use the State colors (blue oil drop on yellow background) on any material produced in four or more colors. (The color designation for professional printing is Yale Blue-Pantone 286C; Golden Yellow- Pantone 123C.) ExbibitBl-P"'~26 UBG 13 (l)'" -', . ".';;" .". -::; " ~ ~ .~:: .."."". HECYCLE' useD Oil FILTERS Recycled-Content Product Requirements Large Equipment CIWMB Acknowledgement Expenditure Itemization Summary (EIS) Version 207 All Grantees must report the percentage of recycled-content material for all products purchased in the product categories listed below. Grantees must use a separate Recycled-Content Product Certification (RCP) Form (CIWMB 74G) for each supplier and submit these forms with the Final Report. The form can be found at CIWMB's website at htto://www.ciwmb.ca ,Qov/H HW /Forms. Paper Products Compost & Co- Compost Paint Tires Printing & Writing Paper Glass Products Solvents Steel Products Plastic Products Lubricating Oils Tire-Derived Products Any exceptions to the above requirements must be pre-approved in writing by the CIWMB Grant Manager. A CIWMB sticker (bumper sticker size) that displays the "used oil drop" logo including the text "Recycle Used Oil" and "Funded by a grant from the California Integrated Waste Management Board" is required to.be affixed to all large pieces of equipment purchased with grant funds. When submitting the Final Report, the picture of this equipment should include the affixed sticker. CIWMB has stickers available at no cost which may be requested from your CIWMB Grant Manager. Fiscal Reporting and Grant Payments Grantees are required to submit an Expenditure Itemization Summary (EIS) Form covering expenses for the previous fiscal year (July 1 --: June 30) by grant cycle or for any period in which expenses were incurred. Effective July 1, 2006, each EIS must be accompanied by supporting documentation for each line item expense. The supporting documentation should be an invoice, receipt, or if not, a purchase order with proof of payment (e.g., cancelled check, bank statement, accounting report) or other proof of payment documentation. Please contact your CIWMB Grant Manager for approval if you intend to provide some other form of supporting documentation. ExhibitBI-P~Q27 UBG13 Expenditure Itemization Summary (EIS) (cont'd) Version 207 Use the reporting and expenditure categories listed below when preparing the EIS. Only directly applicable eligible expenses should be included. Summarize all of the expenses that were incurred by grant cycle over the twelve (12) month reporting period and use only the categories that are applicable to the Grantee's grant program, including personnel costs related to that task( s). For each category, identify the related tasks and expenses. If there is more than one invoice from a company, list them separately on the EIS. Include invoice numbers. Permanent Collection Facilities - Includes eligible expenses for collection centers; permanent household hazardous waste collection facilities (PHHWCFs); and antifreeze, battery, oil, and paint (ASaP) facilities. Do not include publicity and education or oil containers in this category. Temporary or Mobile Collection - Eligible expenses for temporary events at an established facility, and mobile events. Residential Collection - Curbside or door-to-door collection of used oil and used oil filters. Load Checking Program - Inspection of loads for used oil at solid waste landfills or transfer stations. Publicity and Education - All eligible publicity, public education, and community outreach events (except those related to storm water education). . A partial list of examples includes newspaper ads; radio spots; public service announcement TV spots; flyers; brochures; door hangers; utility bill inserts; billboards; collection center handouts (such as "shelf talkers"), and premiums. . Material/supply expenses for community events and school presentations should be included in this category. . Local government personnel expenses should be placed into the Personnel/Other category. Personnel/Other - Include directly applicable personnel expenses for employees of the grant jurisdiction for tasks NOT included in other categories or for staff time that will be charged against the grant that cannot be assigned to a program-related category listed above. . Expenses should be broken down to reflect hourly charges, where applicable. . Include any non-storm water expenses that do not fit into any other category. . Personnel costs incurred via storm water program activities must be included in the associated storm water categories described below. . Contractor or consultant hours should be placed into the other ExhibitBl-Pa~"3~Uz8 UBGI3 Expenditure Itemization Summary (EIS) (cont'd) Storm Water Reimbursement Payments Version 207 appropriate categories in which the expenses were incurred. EIS Certification - The EIS MUST include the following certification: "I certify under penalty of pe~ury, under the laws of the State of California, that the above information is correct and that all funds received have been expended in accordance with the Used Oil Recycling Block Grant." The certification MUST be dated and signed by the person authorized in the Grantee's resolution. An EIS received without the siqned certification will not be approved. A maximum of 50% of the UBG mav be spent on all storm water proqram expenses: . Mitigation - filter media, debris screens, and maintenance (see page 4 for more details) . Education - storm drain stenciling, publicity - education costs, and personnel UBG funds will be expended on a reimbursement basis , with onlv the followinq exceptions: the advance payment option is available for Grantees receivinq $20,000 or less, and for multi-iurisdictional and reqional qrantees whose individual iurisdictions would have received $20,000 or less had they applied individually at the Grant Manaqer's discretion. Staff will consider exceptions to the reimbursement policy for financial hardship situations on a case- by-case basis. To receive a reimbursement payment, Grantees must submit a completed EIS and Grant Payment Request Form. Reimbursement payment requests must be submitted no later than 6 months from the end of the qrant term. Once reviewed and approved, the payment reimbursement will be processed. Up to four reimbursement requests are available per year, per cycle, and no less than one per year, per cycle. Exceptions to this schedule must be pre-approved in writing by your CIWMB Grant Manager. Required Documents and Format for Payment Request A complete payment request must include the following items in the order listed in addition to a brief narrative that explains for what activities the expenses were incurred, if the payment request is not submitted with the annual report. (The CIWMB Grant Manager may require additional narrative to fully understand the nature of the expenditures.) 1. Grant Payment Request Form (CIWMB 87) - This form must be signed by the individual authorized by the resolution. ExhibitBl-P"f~l2s UBGl3 Reimbursement Payments (confd) Advance Payment Option Version 207 2. Expenditure Itemization Summary (CIWMB 667 or Grantee's own version) - All expenditures must be itemized and arranged by the Reporting and Expenditure Categories. Note: all expenditures must be accompanied by documentation that describes the E1S categories for which the funds were spent, when they were spent, who did the work or spent the funds and the invoice numbers associated with the spent funds. Effective July 1, 2006, each EIS must be accompanied by supporting documentation for each line item expense. The supporting documentation should be an invoice, receipt, or if not, a purchase order with proof of payment (e.g., cancelled check, bank statement, accounting report) or other proof of payment documentation. Please contact your CIWMB Grant Manager for approval if you intend to provide some other form of supporting documentation. 3. Personnel Expenditure Itemization Summary (C1WMB 165) for Grantee staff as well as consultants and subcontractors or an eouivalent form (if pre-approved bv the CIWMB Grant Manaoer) that captures all the same data. This form must be sioned bv the Sionature Authoritv or bV personnel or accountino. not bv someone within the proqram that administers the orant. a. . Travet Expense Form (CIWMB form or Grantee's own version) Most UBG funds will be paid by reimbursement payments. Under this payment method, the CIWMB retains ten percent (10%) of the requested amount until the grant is closed out. The remaining ten percent (10%) reimbursement payment (Withhold amount) will be released to the Grantee at the conclusion of the grant term once the Grantee has complied with all grant provisions. . The Grantee will have to incur costs for the entire grant amount. . The Grantee is responsible to ensure that subcontractors who administer and/or implement the grant on behalf of the Grantee comply with this Grant Agreement. . The Grantee must spend all of the available funds from the oldest UBG prior to spending any funds from more recent UBGs. For example, utilize all funds from the 12th cycle grant before showing any 13th cycle expenses on the EIS. . It is acceptable to split an invoice across two separate UBG cycles in order to "zero out" all funds in the oldest UBG before using funds from a more recent UBG. The advance payment option is available at the C1WMB Grant Manaqer's discretion for C1rantees receiving $20,000 or less, and for multi-iurisdictional and regional Grantees whose individual jurisdictions would have received $20,000 or less had they applied ExbibitBl-Pa9'j~30 UBGl3 Advance Payment Option (cont'd) Sequence of Spending Interest on Advance Payments Version 207 individually. Staff will consider exceptions to the reimbursement policy for financial hardship situations on a case-by-case basis. Where advance payment has been approved, UBG recipients will receive ninety percent (90%) of their UBG award in advance once the Grant Agreement is fully executed and a signed Grant Payment Request is submitted. Advancement of funds is conditional upon full repayment of all outstanding UBG funds and interest owed to the CIWMB. In cases where a UBG recipient receives a ninety percent (90%) payment advance, the CIWMB retains ten percent (10%) of the awarded grant amount until the grant is closed out. The remaining ten percent (10%) from the overall UBG amount will be released to the Grantee at the conclusion of the grant term once the Grantee has complied with all grant provisions and has incurred eligible costs that meet or exceed one hundred percent (100%) of the grant award plus accrued interest. . The Grantee will have to incur eligible costs for the ninety percent (90%) advanced and the interest accrued or return any unspent advanced funds to the CIWMB. If the Grantee chooses not to incur costs equivalent to the ten percent (10%) withheld from the overall UBG amount, the CIWMB will retain the ten percent (10%) withhold and close the grant. If the Grantee incurs costs that cover all or part of the ten percent (1 Oo/~) withheld, the CIWMB will reimburse those eligible costs, retain any remaining funds of the ten percent (10%) withhold, if any, and close the grant. Note: CIWMB will formally invoice any unspent advanced qrant funds or interest accrued. . The Grantee must spend all of the available funds from the oldest UBG prior to spending any funds from more recent UBGs. For example, utilize all funds from the 12th cycle . grant before showing any 13th cycle expenses on the EIS. . It is acceptable to split an invoice across two separate UBG cycles in order to "zero out" all funds in the oldest UBG before using funds from a more recent UBG. 'Interest earned for each UBG Cycle advance must be tracked and accounted for separately. All grant funds must be placed in an interest- bearing account with a fully insured financial institution. Any interest accrued and received from this account may only be used after receiving prior written approval from the CIWMB Grant Manager and then may only be used for eligible expenses related to the grant. . Supporting documents (e.g" copies of invoices, receipts, timesheets, payroll reports) must be submitted to the CIWMB Grant Manager to ExhibitBI-P~131 UBG13 Interest on Advance document the expenditure(s). Payments (cont'd) Supporting Documentation for All Expenditures Version 207 Interest accrued must be stated on the FINAL EIS only. In cases where grant funds are forwarded directly to a contractor for expenditure, the Grantee is subject to the same requirements pertaining to tracking of accrued interest, unless the money is spent by the Grantee within ninety (90) days of issuance of the funds to the Grantee. Therefore, the Grantee is required to impose upon any contractor to which it entrusts advanced grant funds the obligation to comply with the requirements of the Grant Agreement regarding interest. The Grantee is ultimately responsible for all advanced funds and accrued interest thereon. The Grantee is responsible to ensure that subcontractors who administer and/or implement the grant on behalf of the Grantee comply with the terms of this Grant Agreement. Anv unused interest accrued must be returned to the CIWMB at the end of the qrant term. Grantees should contact their administration and finance office to establish a process to track and report this interest. Supporting documentation - Documentation for all expenditures claimed on the Grant Payment Request should be retained for a minimum of 3 years after closeout of the grant term for audit purposes. (see Audit/Records Access in Terms and Conditions (Exhibit A). Beginning on July 1, 2006, Grantees will be required to submit copies of supporting documents (e.g., copies of invoices, receipts) for expenditures other than personnel to accompany EISs. Personnel Expenditure Summary documents or equivalent (e.g., timesheets, labor hour reports, payroll reports) must be submitted for all personnel costs. Retain the original documents at your office. Types of acceptable documentation include but are not limited to: . Invoices that include vendors name, telephone number and address; a description of goods or services purchased; amount due; and date . Receipts that include the same information as invoices. . Purchase orders that include the same information as invoices and must be accompanied by proof of payment (e.g., copies of cancelled checks) . Personnel Expenditure Summary Form (CIWMB 165 or your own version) that documents actual time spent on grant-related activities . Travel Expense Form (CIWMB form or your own version) that documents costs related to travel and includes supporting documentation . Samples of all publicity and education materials purchased or developed with grant funds ExhibitBl-palif~j32 UBG13 Supporting Documentation for All Expenditures (cont'd) Ten Percent Withhold Overhead/Indirect Costs Versian 207 . Proof of Payment (e.g. copies of cancelled checks and/or documented payment within the financial records.) Ten percent (10%) will be withheld from each Grant Payment Request and paid at the end of the grant term when all reports and conditions, stipulated in the Grant Agreement, have been satisfactorily completed. To be reimbursed for the 10% Withhold from the grant, submit a Grant Payment Request Form along with the final EIS and other required documents. Overhead and indirect costs can be claimed by Grantees. The following guidelines must be used when claiming these costs: . The total cost of overhead and indirect cost charged to the grant shall not exceed ten percent (10%) of the grant award amount. These costs are expenditures not capable of being assigned or not readily itemized to a particular project or activity, but considered necessary for the operation of the organization and the performance of the program. The costs of operating and maintaining facilities, accounting services, and administrative salaries are examples of overhead and indirect costs. All overhead and indirect costs charged to the grant must be associated with grant-related activities. If you are uncertain whether a given cost is considered an overhead/indirect cost by the C/WMB, contact your CfWMB Grant Manager. . Direct costs charged directly to the grant shall not be included in the overhead/indirect cost formula. . Supervision performed by Managers and Supervisors can be included in the overhead/indirect cost formula; and therefore, will not be a direct charge to the grant. On the other hand, if a Manager or Supervisor performs an activity that is directly related to the execution of the grant (not supervision), costs associated with this activity may be included as a direct charge. However, any such activity must be clearly supported by appropriate documentation and shall not be charged to the grant as overhead or indirect cost. . The Grantees must maintain organized and accurate records that follow generally accepted accounting principles (GAAP) and leave an audit trail. The Grantee must provide access to all documents related to the grant program and fiscal operation of the grant program as deemed necessary by the CIWMB. ExhibitBI-P'i!:31~3 UBG13 Overheadllndirect Costs (cont' d) Exceptions Program Annual Report Version 207 . The Grantees must have on file an internally approved Cost Allocation Plan which specifically documents how the cost amount was established and which is supported by formal accounting records to substantiate the charges. The Cost Allocation Plan must be approved by an appropriate Supervisor/Manager in your agency. The Cost Allocation Plan must identify program elements included in the overhead/indirect cost calculation. See the sample "Cost Allocation Plan" calculation listed below: Total department indirect cost divided by total department direct cost base equals the overheadlindirect cost rate. . If the Grantee utilizes a contractor to administer and/or implement the grant, then the overhead and indirect costs of such contractor may be chargedto the grant only to the extent that such costs could have been charged by the Grantee. Exceptions to the provisions of the Grant Agreement may be considered on a case-by-case basis. All requests for exceptions must be submitted in writing and approved in writing by your CIWMB Grant Manager prior to the implementation or expenditure of the approved exception. The Grantee is responsible for retaining documentation of any exceptions to the Grant Agreement for audit purposes. Grantees are required to submit an Annual Rep"Ort on August 15th of each year demonstrating program progress and how they have spent their UBG funds for the previous fiscal year (July 1 - June 30). Grantees are required to report on each active UBG in a single Annual Report. The report must clearly identify the grant cycles. Grantees that do not show progress toward implementation of a used oil and used oil filter collection and education program may not receive all or part of the UBG allocation for the current year which began on July 1. This lack of performance will also be noted if Grantees apply for future Used Oil and/or HHW funds. Grantees will lose eligibility for the c;;urrent grant cycle which began on July 1 if the grantee fails to submit the completed Annual Report by August 15 or fails to submit a completed report during a grace period determined by the Grant Manager. Grantees will not lose their eligibility for subsequent grant cycles if they submit a completed application during the next cycle's application period and meet the mandates of the Terms and Conditions and the Procedures and Requirements of all previous UBG cycles, including submission of all required completed reports. Grantees will also be required to submit a statement explaining why they missed the Annual Report Exhibit Bl- Pag, ~~34 UBGl3 Program Annual Report (cont'd) Final Reports Vemian 207 deadline and what corrective action they have taken to ensure future compliance. The corrective action must meet the approval of the CIWMB Grant Manager. All forms can be downloaded from the CIWMB website at http://www.ciwmb.ca.QovIHHW IForms. Final Reports for Grant closures require additional documentation and may be submitted early if activities are completed and all funds expended before the end of the grant term. Grants are not considered closed until all the reporting requirements have been met, all available funding has been expended or returned to the CIWMB, and/or the grant term has expired. The Final Report covers activities conducted between the last Annual Report and the grant closure date. If an advance was approved, any unexpended advanced grant funds and/or interest accrued (if applicable) must be returned to the CIWMB or the Grantee will be invoiced by the CIWMB. Note: All invoices, receipts, etc. must be submitted no later than December 31 of the same calendar year in which the grant term ends. Items required for a Final Report: 1. Completed Annual Report Form (CIWMB 644) if orant is completed bv June 30 or a summarv of activities completed since the last Auoust 15 Annual Report if orant is closed earlv. The followinQ disclaimer must appear on the cover paqe of the report: "The statements and conclusions of this report are those of the Grantee and not necessarily those of the California InteQrated Waste Manaqehlent Board. its employees. or the State of California. The State makes no warranty. express or implied, and assumes no liability for the information contained in the succeedinq text." For Grantees receiving $20,000 or less per grant cycle, the narrative responses need to be provided on the Annual Report Form and all other sections must be completed. All Grantees must submit a complete Annual Report Form. Refer to the Used Oil Block Grant Annual Report Form located on our website. 2. Certified Collection Center Site Visit Checklists (if not submitted earlier) (CIWMB 665) 3. Recycled-Content Product Certification Form (RCP) (CIWMB 748) for each item purchased with grant funds (submit a separate form for each supplier). ExhibitBI-Pa,'S1~5 UBG13 Final Reports (cont'd) Annual Site Visits Audit Considerations Version 207 4. Samples of Premiums and Printed Material a. A digital image of each premium item in a commonly accepted format, and all final printed publicity and education materials. The photographs of the premiums must show compliance with requirements of the grant (i.e. 011 logo, "funded by grant from" phrase, "Zero Waste- You Make it Happen!," etc.) More than one digital image may be submitted if needed to capture all required components or to accurately illustrate the item. If compliance with procedures cannot be clearly captured in a photographic image, then an original copy of the premium item must be submitted. b. A PDF copy of graphics is acceptable. The CIWMB Grant Manager may ask for a copy of the graphic in its original format. c. Two photographs, from different angles, for large items such as equipment or structures. d. A photograph of each event attended or conducted (if not previously submitted). 5. Samples of Final Television, Video and Radio Ads. A final copy of each ad (if not previously submitted) in the appropriate media format (DVD format for videos and CD-rom for radio ads). FAILURE TO SUBMIT THE REQUIRED ANNUAL REPORTS BY THE SPECIFIED DEADLINES MAY CAUSE THE GRANTEE TO BE INELIGIBLE FOR THE CURRENT UBG CYCLE AND MAY RESULT IN INVOICING OR TERMINATION OF OTHER OPEN UBG CYCLES. Annual site visits to the Grantee's Certified Collection Centers are a grant requirement during each fiscal year. Grantees must visit at least one Certified Collection Center per 100,000 population. For more' detailed information, refer to the CIWMB web site. Please submit site visit forms (CIWMB 664 or CIWMB 665) as soon as completed, to your CIWMB Grant Manager. Unless previously submitted within the current fiscal year, these forms must be submitted with the Annual Report. Documentation and a clear audit trail are essential to grant management. The Grantee agrees to maintain records for a possible audit for a minimum of three (3) years after final payment or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. Examples of audit documentation include, but are not limited to, Exlllbit B 1 - Pag; 3~ 36 UBGl3 Audit Considerations (cont'd) expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or canceled checks. Refer to the Terms and Conditions (Exhibit A) for more information. I The crwMB reco=ends and distributes the following curricula free of charge to teachers: Earth Resources - A Case Study: Oil- appropriate for 6-12 grades. Closing the Loop: 2000 edition - appropriate for K-6 grades (this unit includes HHW specific lessons for both the K-3 grade level and the 4-6 grade level). The CIWMB bas copies of these curricula. For more information, visit wv,rw.ciwmb.ca.'i2ov/schools or call (916) 341-6769. 2 There are only two acceptable Spanish translations: "Financiado por una beca del California Integrated Waste Management Board" or "Patrocinado por fondos del California Integrated Waste Management Board." For other languages, you must work with a certified translator or person fluent in reading and writing that language. 3 For information on minimum recycled-content products, see W\VW.ciwmb.ca.2:ov/BuvRecvcled/StateA'i2ency/. Version 207 Exhibit B 1 - Page 19 13-37 UBGl3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $81,281 IN UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM, FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S USED MOTOR OIL RECYCLING BLOCK GRANT FOR 2007-2008, 13TH CYCLE AND AMENDING THE FY 2008 WASTE MANAGEMENT AND RECYCLING BUDGET WHEREAS, the California Used Oil Enhancement Act (1999) [Act] requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers; and WHEREAS, Chula Vista consumers pay four cents per quart into the fund when they purchase oil; and WHEREAS, the Act mandates that the California Integrated Waste Management Board [CIWMB] use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil and oil filter recycling; and WHEREAS, Chula Vista is the lead agency for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial Beach and National City; and WHEREAS, the scope of work for this grant is a "regional" program that includes the cities ofChula Vista, Imperial Beach, and National City; and WHEREAS, the program targets regional watershed protection issues that affect all the cities that share the South Bay watershed; and WHEREAS, the primary purpose of this block grant is to provide alternatives to illegal disposal of used motor oil through a network of collection opportunities and outreach efforts designed to inform and motivate the public to recycle used oil; and WHEREAS, this grant will provide continued technical assistance and new supplies for approximately thirty (30) free used oil recycling drop-off centers and curbside collection programs in Chula Vista, National City and Imperial Beach; and WHEREAS, the public education component will allow the City to continue to provide advertising, portable displays, point of purchase displays, the Used Oil Hotline, billing inserts, bottles, funnels or drain pans; and WHEREAS, this will also allow staff to have a booth at the various car shows, public events, and auto part stores throughout the South Bay, reaching out to our target audience, the "Do It Y ourselfers." J:\Altomey\RESO\GRANTS\GRANT Acceplance CIWMB Used MotorOil_02-05-08.dOj 3 - 38 Resolution No. 2008- Page 2 NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept and appropriate $81,281 in unanticipated revenues awarded to the City of Chula Vista, as the lead agency for the South Bay Used Oil Recycling Program, from the California Integrated Waste Management Board's Used Motor Oil Recycling Block Grant for 2007 -2008, 13th cycle. BE IT FURTHER RESOLVED that the City Council does hereby amend the FY 2008 Waste Management and Recycling Fund Budget. Presented by Approved as to form by Dave Byers Director of Public Works J:\Attomey\RESOIGRANTS\GRANT Acceptance CIWMB Used Motor Oil_02-05-0S.do1 3 - 39 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT 2/05/2008, Item / <I PUBLIC HEARING TO CONSIDER THE PROPOSED RESTRUCTURING OF THE SEWER SERVICE RATES RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INCREASE IN SEWER SERVICE RATES FOR FISCAL YEARS 2007-08 THROUGH 2009-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE AMOUNT TO BE DEPOSITED INTO THE SEWERAGE FACILITIES REPLACEMENT FUND DIRECTOR OF ENGINEERING AND GENERAL SERVICES '0.~_ CITY MANAGER <S'T...J;; r \:>12 IS, 0 ASSISTANT CITY MANAGER~ '! 4/5THS VOTE: YES D NO ~ BACKGROUND The sewer service charge is paid by all users who are connected to the City's wastewater collection system. Revenues derived from this fee are used to fund the cost of wastewater treatment, system maintenance and operation. On July 19, 2005, the City Council approved a five-year rate plan, based on the recommendations of a Sewer Rate Study prepared by Camp Dresser & McKee, Inc. ("CDM"). The rate plan set the schedule for the adjustment of sewer service fees for Fiscal Year 2005-06 through Fiscal Year 2009-10. However, since then, the adopted rate plan has not met the revenue objectives due to a variety of reasons. The primary reasons for the inadequacy of the adopted rates were due to a combination of factors; baseline customer data used in the 2005 Rate Study was over-estimated, in addition there have been unanticipated shortfalls in the growth projections for new accounts contrary to the assumptions in the rate study, which formed the basis ofthe adopted rate plan. A recent study by Camp Dresser & McKee, Inc. ("COM") has determined that, over the long term, the adopted rate plan would not generate the projected revenues, hence compromising the ability of the fund to meet its obligations for wastewater treatment, system operation and maintenance. It is therefore necessary that the City take the appropriate actions to adjust the rate schedule and avoid this potential fiscal impact. 14-1 2/05/2008, Item_ Page 2 of 11 It was for this reason that the City Council approved Resolution 2007-302 on December 18, 2007 declaring its intention to increase sewer service charges and set a Public Hearing for February 5, 2008 to consider the issue. 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 Council conduct the public hearing to take and consider public testimony and adopt the following resolutions: I. Resolution of the City Council of the City of Chula Vista approving an increase in sewer service rates for Fiscal Years 2007-08 through 2009-10 2. Resolution of the City Council of the City of Chula Vista setting the amount to be deposited into the Sewerage Facilities Replacement Fund. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Sewer Service Charee Uodate The City of Chula Vista's sewer service charge is made up of three different fees: the Sewer Service Fee, Sewerage facilities Replacement Fee and the Storm Drain Fee (see diagram below). Sewer Fees Relationship Diagram I Sewer Service Charge. I Sewer Service Fee Varies (Dependent on quantity and quality offtow) Sewerage Facilities Replacement Fee SFR$I.97/Month MFRlComm $O.lI/hcf Stonn Drain Fee SFR $O.701M0nth MFRlComm $O.06/hcf I I I Sewer Service Fund City Maintenance & Operations Metro Treatment Costs Sewererage Facilities Replacement Fund Sewer Rehab Projects Stonn Drain Fund Stonn Drain Projects NPDES Compliance Consequently, revenue generated by the City's sewer service charge is distributed between three separate funds. The City is proposing to adjust the Sewerage facilities Replacement fee and the Sewer 14-2 2/0512008, Item_ Page 3 of 11 Service fee. The Storm Drain fee is not being re-evaluated or adjusted as part of this effort; however it will be included in a future workshop regarding funding infrastructure needs. On July 19, 2005, the City Council approved a five-year rate plan, which set the schedule for the adjustment of sewer service fees for Fiscal Year 2005-06 through Fiscal Year 2009-10 based on the findings and recommendations of the "Cost of Service and Rate Study for Sewer Services" prepared by Camp Dresser & McKee, Inc. ("CDM"). Since then, the adopted rate plan has not met the revenue objectives primarily because baseline customer data used in the 2005 Rate Study was over-estimated coupled with a significant shortfall in growth projections for new accounts contrary to the assumptions in the previous rate study. Consequently, the City retained CDM to prepare another study dated October 2007 (see Attachment A) with the primary goal of achieving the following objectives: I. Existing Rates: To re-evaluate the performance of the adopted rate plan and its potential ability to meet the revenue requirements based on the revised projected growth rate of the City. 2. Cost Allocation: To re-evaluate the cost allocation amongst the various user classes to ensure that it was proportional to use and equitable. 3. Single-Family Residential Billing Method: To re-evaluate the sewer-billing method for single- family residential users and address the concerns those customers had regarding the impact of residual winter irrigation usage on their sewer bill. 4. Financial Plan: To develop a financial plan, which returns the Sewer Service Revenue Fund to self-sufficiency, and further rebuilds the reserve balance to an optimal level. Findings . Existing Rates It has been determined that the existing rates (see Attachment B) were inadequate and have not/will not generate the revenues needed to meet the obligations of the fund for wastewater treatment, system operation and maintenance. Therefore, the rates needed to be adjusted and in some cases increased. A new rate schedule (see Attachment B) is being proposed. The primary reasons for the inadequacy of the adopted rates were due to a combination of factors; baseline customer data used in the 2005 Rate Study was over-estimated and a shortfall in the growth projections for new accounts. Customer Data - 2005 Rate Study The City of Chula Vista bills its customers in three different ways. Customers within Otay Water District's (Otay) jurisdiction are billed monthly for water and sewer services on the same bill by Otay. Customers in Sweetwater Authority's (Sweetwater) jurisdiction who reside in the pre- annexation area are billed for sewer services bi-monthly by the City's Finance Department. The remaining customers who are in the Montgomery area of the city who are in either Sweetwater's or CAL-American's jurisdiction are billed for sewer services annually on the property tax bill by the City's Engineering & General Services Department. All these billing units maintained independent 14-3 2/05/2008, Item_ Page 4 of 11 databases that were not linked. Ultimately the customer data, which was used in the 2005 study, was assembled from these databases. Through a recent audit of these systems, in preparation for the 2007 study, it was determined that the baseline customer data used in the 2005 study was significantly higher than it should have been (See Table 1 & Figure 1). Consequently, the revenue requirement was spread over more customers than actually existed, resulting in rates that were lower than they should have been, and revenue that was significantly lower than projected with the difference compounding after the application of an overly optimistic growth rate. Table 1 - Number of Customer Accounts 05/06 06/07 07/08 08/09 09/10 10/11 11/12 FY 2005-06 Sewer Rate Study 48370 50570 52790 55018 57240 FY 2007-08 Sewer Rate Study 46399 47020 47550 48080 48620 49170 49720 Difference Fiscal Year -1971 -3550 -5240 -6938 -8620 l!! 65000 Gl E 60000 --- FY 2007-08 .s 55000 Sewer Rate Ul :l 50000 Study 0 .... 45000 0 ... 40000 -- FY 2005-06 Gl Sewer Rate ..c E 35000 Study :l 30000 Z f''O ~ 'f>'" g, ""~"",, ,," ~,,'l,. ",," ""co S- ~<s ,,<S- ,," <s Fiscal Year Figure 1 - Account Projections Shortfall in the projected growth rate of new accounts The revenue generated by the Sewer Service Revenue Fund primarily depends on the number of customers on record and the amount of billable flow generated by these customers. The 2005 Cost of Service Study was based on customer usage data from the two prior years, FY 2003-04 and FY 2004-05. At that time, the City of Chula Vista was experiencing a high influx of new development, which seemed to be on track to continue for a significant amount of time. Unfortunately, shortly after the adoption of the rate schedule, development peaked and went into a significant downturn that has impacted the revenues for the past two years and is projected to continue to have a negative impact. An analysis of the actual customer data utilized in this study compared to the projections used in the previous study shows that the actual number of customers and billable flow for the last two years was significantly lower than what was projected. This further exacerbated the situation and ultimately resulted in revenues being significantly lower than the 2005 Study projections. 14-4 2/0512008, Item Page 5 of 11 Therefore, the combination of the inadequate rates and the declioe in the growth rate resulted in fewer paying customers, lower sewage volume, and consequently lower than expected revenue for the fund. Single-Family Residential User growth has dropped from 5% to 1.15%. This has resulted in a decline in expected revenues over the five-year period analyzed. Had the baseline customer data been accurate, and had growth continued as previously predicted, the adopted rates would have been adequate to cover expenses. . Costs Allocation Costs to be allocated As earlier indicated, the Sewer Service Revenue Fund is primarily used to fund the cost of wastewater treatment ("Metro Expenditures"), as well as maintenance and operation of the City's wastewater collection system. The table below shows the estimated costs to be met in Fiscal Year 2007-08. These percentages are typical for this fund. PROJECTED MAINTENANCE AND OPERATIONS EXPENSE FY 2007-08 Description Amonnt Percenta!!e A WW Maintenance & Operation (incl. support services) $ 9,789,100 33.2% B Capital Expenditure to Maintain Collection System $ 1,300,800 4.4% C Otay Water District - Billing Services $ 356,000 1.2% D Spring Vallev Costs (Capital Proj ects & M &0) $ 736,200 2.5% E Metro Cost - Wastewater Treatment $ 18,273,300 58.6% F Estimated One-time Credit for Prior Year Metro Expenditures ($1,000,000) Total $ 29,455,400 100.0% Metro Expenditures The City is billed for wastewater treatment based on the quantity and quality (strength) of the sewage generated. The above table shows that the wastewater treatment costs represents approximately 59% of the fund's obligation. This is due to the fact that the City of San Diego allocates all the costs for treatment (including the maintenance and operation of the Metro system, and Capital Improvement Projects) to all participating agencies in proportion to the quantity and quality of sewage they each contribute to the system. The City of Chula Vista's proportionate share is based upon the current flow of approximately 9% of the total flow in the Metro system. City's Operation and Maintenance Expenditures The City of Chula Vista had been developing at a very fast pace. Consequently, the addition of new sewer mains to the collection system required the addition of new staff and equipment to maintain these facilities. The City's in-house maintenance, operations (M & 0) and capital costs represent approximately 38% of the operating budget. The City continues to benchmark with other agencies throughout the region and the results of surveys indicate that the City's costs for M & 0 are comparable with those of other agencies of similar size or characteristics with one notable difference. The State Water Resources Control Board (SWRCB) monitors sewage spills in the region as a way of determining how effective agencies are in managing their wastewater collection systems. In Fiscal Year 2005-06 the average number of spills per 100 miles recorded by the SWRCB for Orange, Riverside, and San Diego Counties were as follows: Orange County -1.5; Riverside County - 1.0; and San Diego County 3.6. In that fiscal year, the City of Chula Vista had an average of 0.3 spills. Therefore, Chula Vista's spill rate for the year was 92% lower than the County average, a testament to the City's diligent management of the wastewater collection system. 14-5 2/0512008, Item Page 6 of 11 Cost Allocation by User Class CDM has developed a proposed revenue plan, which not only corrects for customer base and growth rate, but also includes refinements to the cost allocation among the various user classes based on quantity and quality of flow discharged by each user class. Attachment C shows the account and flow distribution of the various users of the system who are obligated to share in the cost of maintaining and operating this system. Single-family residential customers represent approximately 91 % of the customer base and generate approximately 61% of the flow. Multi-family residential and commercial customers makeup the remaining 9% and generate 39% of the flow. These percentages form the underlying basis of the cost allocation. Attachment D shows the existing cost allocation and the proposed re-allocation. Adoption of CDM's recommendations will make the rate structure even more proportional to use and also more equitable. . Single-family Residential Billing Method - Implementation of a "Return Factor" for Single-Family Residential Customers A previous analysis of the City's sewer customer billing data indicated that the City's current approach of billing single-family residential customers based on the lowest two winter months of water usage is a fair and equitable method and is used by a majority of large utilities in the United States. However, over the last few years, a significant number of customers seem to continue to irrigate even during the lowest-use winter months. Since the usage within that period is the basis of the customer's sewer bill for the fiscal year, a re-valuation of the currently assumed 100% return factor for this user class determined that implementing a ninety percent (90%) return factor, (assuming that 10% of the water used during this period by the customer was used for irrigation, and 90% was used inside the house and returned to the sewer system) still achieved mass balance. This reduced return factor was validated through a comparison of billed sewer volume conveyed to Metro and customer billed estimates. . Independent Study to verify the "Return Factor" for Single Family Residential Customers Although staff is currently recommending that the City implement a 90% return factor for single- family residential customers at this time, this recommendation is based on the review of similar studies by other agencies in the region, and validation by a mass-balance analysis. However, since the flow generation characteristics of this user class may vary from region to region, staff will be seeking a grant to conduct a limited study involving Chula Vista residents, to determine the "actual" return factor for an "average" single-family residential household in the City of Chula Vista. This may involve installing meters at sewer laterals, tracking the number of users per household, and other relevant factors that impact sewage generation. The goal of this study would be to determine an "actual" rate of return for Chula Vista residents compared to County averages and help ensure that return rate assumptions are most reflective of our city. Recommendations - Proposed Rate Plan The current rate plan, which was adopted in July 2005, for FY 2005-06 through FY 2009-10, represented an overall annual increase in revenue requirement of 7.5% for the first three years and 3.5% for the two years thereafter. Although, the last Cost of Service Study by CDM developed a five-year financial plan for FY 2007-08 through FY 2011-12, CDM recommended the adoption ofa three-year plan (FY 2007-08 to FY 2009-10) due to a variety of current/near-term issues that could have significant impacts on future rates. The major issue is the potential upgrade of the Point Loma 14-6 2/05/2008, Item_ Page 7 of 11 Treatment Plant from an advanced primary treatment plant to a secondary treatment plant, currently estimated to cost approximately $700 million to $1 billion. The City of San Diego has decided to request another waiver-results are not anticipated for up to another year. It is for this reason that staff concurs with CDM's recommendation to adopt a three-year rate plan. The proposed rate plan, being scheduled for Council consideration on February 5, 2008, represents an overall increase in revenue requirement of 5% for the remainder of Fiscal Year FY 2007-08, and two consecutive 9.9% increases for the two years thereafter. This would be in lieu of the scheduled 3.5% increases. July 2005 July 2006 July 2007 February 2008 July 2008 July 2009 Adopted Rate Increases 7.5 Percent 7.5 Percent 7.5 Percent Proposed Rate Increases Effective Date 3.5 Percent 3.5 Percent 5.0 percent 9.9 percent 9.9 percent Sewer Facilitv ReDlacement Fee UDdate The Sewerage facilities Replacement Fee, which is a component of the sewer service charge, was established in 1987 as a funding mechanism for the rehabilitation and/or replacement of structurally deficient sewer facilities. This goal is achieved through the implementation of a comprehensive Sewer Rehabilitation Program. Sewer Rehabilitation Program The Sewer Rehabilitation Program is a $1.4 million/year program, which involves the relining or replacement of aging pipelines within the City's wastewater collection system. It also funds the reconstruction of existing pump stations. This program' has so far been driven by the information gathered through a comprehensive video monitoring program. City crews using specialized vehicles equipped with video cameras televise and evaluate the conditions of various lines within the collection system. Using data gathered through this process, a priority list is developed of locations that need to be rehabilitated or replaced. Subsequently, these lines are improved as part of an annual Capital Improvement Program which the City funds every year. The current fee, funding level, and cost allocation were last evaluated in 2005 as part ofthe Wastewater Master Plan Update, which was done concurrent with the General Plan Update. More recently, staff reviewed the historical records i.e. findings of previous monitoring efforts, required improvements and cost of the required improvements and made the following determination: a. Program Status Video Monitoring - Current data in the system indicates there are approximately 477 miles of sewer lines in the City's wastewater collection system as of the beginning of FY 2007-08. To date, Public Works crews have televised a net 155 miles of sewer lines mostly located within the western portion of the City. This represents approximately 32% of the entire collection system, which means that approximately 68% or 322 miles remain to be televised (mostly in the 14-7 2/05/2008, Item Page 8 of1I eastern/newer section of the City). It is expected that the remaining portion of the system will be televised within the next 10 years, after which the process will be repeated. Completed Improvements - To date the City has completed over 30,000 l.f (7.5 Miles) of required improvements at a cost of approximately $4.4 million. b. Revenue Requirements - Although future monitoring efforts will . be focused on the eastern/newer portion of the City, which may result in a lower level of rehabilitation and/or replacement, there is the potential that unanticipated replacement projects, and the findings from the current Infiltration & Inflow (I & I) Study, could result in additional expenditures. Therefore, staff recommends setting the fee such that it continues to generate the same level of revenue as it does today ($1.4 million). c. Review of the cost allocation among the user classes - The estimated cost of service of $1.4 million per year was then used as the basis to allocate costs to the various user classes in proportion to the quantity of wastewater contributed, and to develop the revised fees for each user class. Using the same customer data as was used in the Cost of Service Study by COM, staff determined that the current cost allocation needed to be changed. Since the City now has a consumption-based sewer service fee structure for all users, staff recommends that the Sewer Facility Replacement Fee also be revised to a consumption-based fee for all users. Staff is recommending a new fee of $O.l8/Hundred Cubic Feet (hct). Consequently, single-family residential users who are currently billed a flat fee of $1.97/month, will now pay $O.l8/hcf. Although, each user's fee will be dependent on actual usage, the "average" single-family residential user will pay $1.62/month. For multi-family dwellings and commercial users, fees will be increased from $O.llIhcf to $0.18/hcf. The detailed cost allocation calculation is shown in Attachment E. Table 2 Proposed Sewerage facilities Replacement Fee Update User Class Current FY08 FY09 I FYIO $/hcf Single-Family $1. 97/month $0.18 $0.18 $0.18 Multi-family $O.ll/hcf $0.18 $0.18 $0.18 Commercial $O.II/hcf $0.18 $0.18 $0.18 Overall Rate Imnacts Single-Family Residential Users In July 2007, the City implemented the previously adopted rates, which represented a 7.5% percent increase in revenue requirement from the prior year. Although, a 5% increase in revenue requirement is being recommended for February 2008, it will have almost a zero net impact on the average single- family residential user, who will see a net reduction of four cents on their bill. The minimal impact is primarily due to the implementation of a 90% return factor and the reduction of the sewerage facilities replacement fee component of the sewer service charge. Attachment F shows the impact of the 14-8 2/05/2008, Item_ Page 9 of 11 proposed increases on single-family residential users at various levels of usage from FY 2007-08 through FY 2009-10. Multi-Family Residential and Commercial Customers The individual impacts to these classes of customers will vary in accordance with their water consumption (sewage generation). Collectively, the impacts on these user classes are shown in greater detail in Attachment F. Comoliance with Prooositioo 218 Pursuant to the California Supreme Court decision in the Bighorn-Desert View Water Agency v. Verjil, local governments must comply with the notice and majority protest proceedings of Article 13D, section 6 (a) of the California Constitution when seeking an increase in sewer fees. The City had complied with these requirements; the City provided written notice by mail of the proposed fee increase to the record owner of each identified parcel upon which the proposed fee increase is imposed. The notice included the amount of the proposed increase in the fee, the basis upon which the amount of the proposed fee increase is calculated, the reason for the proposed increased fee, together with the date, time and location of a public hearing on the proposed fee increase. Tonight, the City shall conduct a public hearing upon the proposed fee increase. At the public hearing, the City Council shall consider all protests both written and oral against the proposed fee or charge. If written protests against the proposed fee or charge are presented by a majority of the owners ofthe identified parcels, the City shall not impose the increase in the fee. Council will also be considering the resolutions setting a new amount for the sewerage facilities replacement fee, revising the fee structure and setting new sewer service rates for Fiscal years 2007-08 through 2009-10. Community Outreach Notices (Attachment G) declaring the City's intention to restructure the sewer service rates were sent to 52,902 property owners who will be impacted by the proposed rate adjustment. The notice explained the reasons for the increase, the impact of the rate change on customer bills, the majority protest process and also invited ratepayers to attend a public hearing to be held 45 days later (February 5, 2008). In addition, the recent Sewer Rate Study by CDM was also made available to ratepayers through the City's website in a downloadable format. In response to the notice, the Engineering & General Services Department received calls from a number of residents regarding the proposed rate restructuring, and their concerns were generally centered on the following issues: a. Rate Impact - a nwnber of cal1ers asked to review their account to see what the impact would be, based on available information. It is apparent that, although the City transitioned to a consumption-based rate structure over four-years ago, a significant number of callers were still uninformed about the City's billing method, and did not realize that their sewer bills were dependent on their winter consumption, hence the reason for the fluctuations in their bill. Once the billing method was explained to them their concerns were slightly allayed. However, some were opposed to the idea of any increase no matter the reason. 14-9 2/05/2008, Item_ Page 10 of 11 b. Fixed Income - a number of callers were interested in the process for qualifying for the special "low Income" rate. The low -income classification allows users who meet the Federal Housing and Urban Development (HUD) guidelines to pay a discounted rate (i.e. 70% of the adopted rate). In addition to the calls, the City also received protest letters (38 as of January 22, 2008) from some residents indicating their opposition to the proposed increases. Tonight the City Clerk will confirm the final number of protest letters received at the close of the public hearing. The reasons for their protest also seemed to be consistent with those listed above. Since the implementation of the consumption-based rate structure in 2003, staff has been using a variety of methods to reach out and educate ratepayers on this billing method. Some of the methods include the following: 1. Announcements on monthlylbi-monthly bills - During the winter period, a special message is shown on customer bills (primarily Otay customers on the east side of the City and those customers on the west side billed by the City) reminding customers that it is that time of the year again when they have to adjust their sprinklers because their usage within that period will have an impact their sewer bill (See Attachments H.A and H.B). 2. Announcement in the Spotlight - Staff has also placed announcements in the "Spotlight" magazine informing residents of the City's billing process and letting them know what they should do to ensure that their bill reflects their usage. 3. City Website - The Engineering Department's Web Page on the City's website also shows ratepayers how their rates are determined. It has copies of both the current and previous rate studies shown in a downloadable format. These studies show how the rates are determined and what the funds derived is used for. Comoarison of City of Chula Vista's Sewer Service Fee with Other Local Al!:encies While acknowledging that every agency's cost for operating its wastewater collection system varies in accordance with its unique characteristics (size, age of system, demographics etc.), Attachment I shows a comparison of the sewer service charge an "Average Single-Family Residential User" all the participating agencies in the Metro system, whose treatment costs per million gallons, is the same as Chula Vista's. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has determined that the effect of the decision contemplated by this action on the public officials' interest in real property also affects ten percent or more of all property owners in the public official's jurisdiction or 5,000 property owners in the jurisdiction of the official's agency in substantially the same manner. Therefore, pursuant to California Code of Regulations sections 18707 and 18707.1, the Public Generally Exception applies. 14-10 2/05/2008, Item Page 11 of 11 FISCAL IMP ACT If a majority protest does not occur related to the proposed sewer rate adjustments and if the City Council subsequently approves the proposed sewer rate adjustments and increases, it is anticipated that the City will generate sufficient revenues to meet projected fund expenditures for Fiscal Years 2007-08 through 2009-10. The Sewer Service Revenue Fund started Fiscal Year 2007-08 with an un- appropriated balance of approximately $4.1 million. If the proposed increases were not approved, that balance would drop to $0.8 million by the end of the fiscal year. With the proposed rate adjustment, the fund balance would increase to $1.4 million and then start to recover in the ensuing years. This fee adjustment will increase the fund revenues by approximately $11.6 million, over the next two-and-a-half years. If the fee increase is not approved, the City may address the resulting shortfall through a transfer from the General Fund or by making operational cuts. Since the City cannot control the sewage generation or treatment costs, the only other area of control will be the City's in-house operations and capital expenditures. Reductions in these areas will impact our pipe cleaning, pipe monitoring and pipe rehabilitation programs. The City's excellent spill-prevention record can be attributed to these programs. Consequently, cuts in these programs could make the wastewater collection system more susceptible to sewer spills, which could then result in significant penalties from the State Water Resources Control Board. Therefore, the approval of the proposed rate increases is crucial to the City's ability to provide a high level of operation and maintenance of the City's wastewater collection system. Furthermore, approval of the proposed sewer facility replacement re-allocation will ensure that the City's cost allocation for each user group better correlates to their estimated impacts on the system. This fee adjustment will continue to generate approximately the same level of revenue as it does today ($1.4 million) over the next two-and-a-half years. The Sewer Facility Replacement Fund currently has an unappropriated balance of approximately $3.3 million. ATTACHMENTS A. Cost of Service and Rate Study For Sewer Services - October 2007 B. Existing and Proposed Rate Schedules C. Account and Flow Distribution by User Class D. Existing and Proposed Cost of Service Allocation E. Sewer Facility Replacement Fee Cost Allocation/Fee Determination F. Rate Impacts on Various User Classes G. Public Hearing Notice H. Sample Bills showing Special "Winter Period" Notification Message I. Other Cities Rates- Single-Family Residential User Comparison Prepared by: Anthony Chukwudolue, Senior Civil Engineer, Engineering & General Services Department J: IEngineerlAGENDA ICAS2008\02-05-08\Sewer Rate Increase-FY2007-08.ac.doc 14-11 City of Chula Vista ~.:{Tl\C H }I\tl<\ fr- Cost of Service and Rate Study for Sewer Services October 2007 Prepared by: CDM 111 Academy, Suite 150 Irvine, California 92617 14-12 CDM Contents Executive Summary ........................................................................................................... ES-l Section 1 Introduction .......................................................................................................1-1 1.1 Background ................ ............ ..... ...... ...... ........... ...... ......... ..... ........... ...1-1 1.2 Purpose ............ ......... ...... ....... ...... .... ...................... ................. ........... ...1-4 1.3 Scope of the Study.........:.....................................................................1-5 Section 2 Revenue.............. ............. .......................... ....... ..... ....................... ....... ...............2-1 2.1 User Classifications.and Customer Growth ....................................2-1 2.2 Billing Method .....................................................................................2-2 2.3 Existing Sewer Rates ...........................................................................2-4 2.4 Sewer Service Fee Revenue Under Existing Rates..........................2-5 2.4.1 Revenue Under Existing Rates .............................................2-5 2.4.2 Other Revenues ......................................................................2-6 2.4.3 Interest Income ...........................................,...........................2-6 Capital Improvement Program.......................................................................3-1 Revenue Requirements ....................................................................................4-1 4.1 Operations and Maintenance Expense.............................................4-1 4.2 Debt Service Requirements ................................................................4-2 4.3 Transfer of Revenues to the Sewer Facilities Replacement Fund.4-2 4.4 Transfers of Revenues to the Storm Drain Fund ............................4-2 4.5 Bad Debt Write-offs......... ......... ...... ................. ...... ............ .... ........... ...4-2 4.6 Routine Capital Outlays .....................................................................4-2 Section 5 Cash Flow Analysis ..........................................................................................5-1 5.1 Proposed Revenue Adjustments .......................................................5-1 Section 6 Cost of Service Analysis ...................................................................................6-1 6.1 Cost of Service to be Allocated ..........................................................6-1 6.2 Wastewater Parameters ......................................................................6-2 6.2.1 Volume Related Costs............................................................6-2 6.2.2 Wastewater Strength Costs...................................................6-2 6.2.3 Customer Costs........ ........................... ................................... .6-2 Allocation to Wastewater Parameters ..............................................6-3 6.3.1 Allocation of Capital Costs ...................................................6-3 6.3.2 Allocation of Operating Expense .........................................6-3 Allocation of Cost to Customer Classes ...........................................6-4 6.4.1 Customer Classifications........ ..... ... ........... ... ....... .... .... ....... ... 6-4 6.4.2 Units of Service .......................................................................6-5 6.4.3 Unit Costs of Service ..............................................................6-6 6.5 Customer Class Costs of Service .......................................................6-7 Section 7 Rate Design ........................................................................................................7-1 7.1 Proposed Sewer Rates....................................................................:....7-1 7.2 Appeal Process....................... .................... ... ................ .......................7-2 7.3 Rate Revenue Comparison.................................................................7-2 7.4 Proposed Rates ....................................................................................7-3 7.5 Rate Comparisons ...............................................................................7-5 Section 3 Section 4 6.3 6.4 14-13 COM Executive Summary The City of Chula Vista (City) requested Camp Dresser & McKee (CDM) to conduct an update of the cost of service and rate study for sewer service. The purpose of the study is to evaluate the existing sewer rates, review and evaluate revenues and revenue requirements, and perform cost of service and rate analyses to ensure equity among customer classes. This report documents the results of the study and recommends sewer rates that the City should charge its customers in the study period. Throughout this study, fiscal years will be termed as follows: Fiscal Year 2007-2008 is shown as FY 07-08, FY 2008, or just 2008 herein. The objective of this report is to support development of fair and equitable rates that can be easily implemented and updated for the City's sewer system for the study period of FY 07-08 through FY 11-12 and a five-year financial plan that will secure financial stability of the sewer enterprise. This financial plan was developed based on information that was readily available at this time (from both the City of Chula Vista and the City of San Diego). Since the City of Chula Vista receives wastewater treatment services from the City of San Diego Metropolitan Wastewater District (Metro) and those costs are a significant component of the fund's obligation, any major policy decisions (i.e., current consideration to upgrade the Point Lorna treatment Plant from an advanced primary treatment plant to a secondary treatment plant) will definitely impact the financial plan. The City will have to re-evaluate the rates developed through this study should that situation or a similar situation with significant unanticipated financial impacts arise. The sewer service fees collected by the City of Chula Vista are primarily used to maintain and operate the wastewater collection system and pay for the cost of wastewater treatment. In addition to the sewer service fee, users also pay a sewer facilities replacement fee and a storm drain fee as part of their monthly fbi-monthly service charge. However, the storm drain fee was not analyzed in this study. Revenues generated through the storm drain fee and sewer facilities replacement fee are later transferred into the Storm Drain Fund and Sewer Facilities Replacement Fund respectively. We recommend the results of this study be used to make sewer rate adjustments effective this fiscal year and the next two years. Beyond that time frame, significant changes, such as potential cost increases from Metro, are likely to occur and a new analysis should be conducted. Summary of Findings and Recommendations 1. The City is currently serving approximately 47,000 individual sewer customer accounts. The study anticipates continued increases in the number of sewer customers throughout the study period. The projected growth rate varies ES-1 14-14 tDII Executive Summary depending on the customer category. Below are the annual percentage growth rates used for the various customers; the rates were based on the review of historical trends in the City within the last 2 years. Table ES-1 Projected Growth by Customer Class Customer Class FY 08-09 FY 09-10 FY 10-11 FY 11-12 Single-Family Residential 1.15% 1.15% 1.15% 1.15% Multi-Family Residential 1.0% 1.0% 1.0% 1.0% Mobile Homes 1.0% 1.0% 1.0% 1.0% Commercial Low 1.0% 1.0% 1.0% 1.0% Commercial Medium 0.0% 0.0% 0.0% 0.0% Commercial High 0.0% 0.0% 0.0% 0.0% Special Users 0.0% 0.0% 0.0% 0.0% 2. Sewer utility revenues are principally derived from sewer service fees. Other revenue sources include industrial waste permits, miscellaneous fees, and interest income among others. The Operating Fund is currently self-supporting, although using existing reserve balances, and the proposed financial plan does not provide for any future transfers from any other sources. 3. The sewer utility's annual revenue requirements consist of operations and maintenance (O&M) expenditures, routine capital outlays, write-offs of uncollectible accounts, and transfers to the replacement fund and storm drain fund. O&M expenses, including capital outlays, are projected to increase from $29,455,400 in FY 07-08 to $34,118,600 in FY 11-12. 4. By definition, cost of service is the annualized revenue requirements net of revenue credits from other miscellaneous sources that need to be met through sewer rates. The City's estimated 2008 test year cost of service to be met from sewer rates totals $26,742,400. Revenue derived from charges for service under current rates is estimated to be $25,469,000 for FY 07-08 excluding revenues derived from Sewer Facilities Replacement Charges and Storm Drain Charges. Therefore, the adopted rates are inadequate and do not generate sufficient revenues to meet the revenue requirements. 5. Although not the subject of this rate study, also of note is the Sewer Utility Capital Improvement Program (CIP) which is projected to total $9,101,300 over the next five years - from FY 07-08 through FY 11-12. Projects include sewer replacements, and annual improvements to the sewer system. To finance the capital program, several funding sources are planned to be used, including sewer facility replacement fees, storm drain fees, sewer capacity charges, transfers from the General Fund, and existing fund balances in the capital funds. Consequently, ES-2 14-15 CDM Executive Summary capital costs will be offset by other funding sources and hence do not affect this study 6. The purchase of additional Metro capacity is not included toward current CIP as negotiations are underway. A reserve has been created towards paying for additional capacity, but it will not be adequate, and additional debt may have to be issued to cover the remainder of capacity costs. This debt will be serviced by the Trunk Sewer Capital Reserve Fund and will not affect rates detailed in this report. 7. Required revenue increases throughout the study period are based on an analysis of the sewer utility's revenues and revenue requirements. Our analyses indicate sewer utility revenues will require the following increases for FY 07-08 through FY 11-12. There will be an initial 5.0% increase to the currently effective FY 07-08 rates and the subsequent rate increases will be in lieu of the previously adopted rate increases. Effective Date Adopted Rate Proposed Rate Increases Increases July 2005 7.5 Percent July 2006 7.5 Percent July 2007 7.5 Percent January 2008 - 5.0 percent July 2008 3.5 Percent 9.9 percent July 2009 3.5 Percent 9.9 percent July 2010 3.5 percent July 2011 3.5 percent 8. A cost of service approach is used to develop rates for sewer service. This means that customers are charged based on their proportional usage of facilities. The proposed rates are consistent with State Water Resources Control Board (SWRCB) guidelines and recognized rate industry standards as described in the Wastewater Environment Federation (formally Wastewater Pollution Control Federation) rate manual. Rates are set to recover the cost of service (maintenance, operation and treatment). Wastewater treatment costs are dependent on the quantity and quality of the effluent that is treated at the plant. In the San Diego Metro system, the quality of the effluent is measured by two components; chemical oxygen demand (COD) and total suspended solids (TSS). Consequently, rates are developed using uniform unit costs for volume, chemical oxygen demand (COD) and total suspended solids (TSS). These are applied to loadings and demands for service from each customer category. The resulting cost of service rate schedule is based on a uniform cost of service and recognizes different loadings for each customer class. 9. Based upon results from the detailed cost of service study for the FY 07-08 through FY 11-12 test years, the proposed schedule of sewer rates shown in Table ES-3 14-16 an Executive Summary 17 have been developed to recover the utility's cost in an equitable and practical manner from all customers served. The proposed rates have higher fixed charges and volume charges than the rates previously adopted and scheduled to go into effect. The rates currently scheduled to go into effect will not produce the necessary level of revenue. 10. Based on the findings of a recent City staff review of the historical records (i.e., findings of previous monitoring efforts, required improvements) and cost of the required improvements, it is recommended that the Sewer Facilities Replacement Fee be amended as follows: for all users the fee will be set at $0.18 per HCF. Single-family users will no longer be charged a flat fee of $1.97 and for multi- family/non-residential users the fee will be increased from $0.11 to $0.18 per HCF. 11. The average single-family residential (SFR) customer is estimated to have an average monthly water usage of 10 hundred cubic feet (HCF) or 120 HCF per year. Table 17 shows a comparison of typical SFR monthly sewer bills under the scenarios reviewed in this study. Briefly, the average household pays $34.30 per month under the existing rates. The rate structure changes proposed in this study incorporate cost of service restructuring and results in an average monthly FY07-08 SFR bill of $34.26. This means that a typical single-family residential customer will pay $0.04 per month less under the proposed rates than under the adopted rates due primarily to the reduction of the return factor as discussed below and the reduction of the sewer facilities replacement fee for residential users. Detailed charges for other SFR accounts with varying water usage are shown in Table 17. 12. Each customer class was assigned a return factor based on the average amount of water that is conveyed through the sewer system. In previous studies, single- family residential customers were billed as if 100 percent of the water entering their residence was returned to the sewer system. Some of the water used by single-family residential customers, even in winter, does not go back into the sewer system due to landscape irrigation and other outdoor uses. By comparing billed water flows to the sewer flows billed by Metro, the single-family residential customer class has been assigned a 90 percent return factor in this study reflecting the assumption that only 90 percent of water used will be conveyed through the sewer system. Therefore, a typical customer using 10 HCF of water will only be billed for sewer service based on a 90 percent return factor or 9 HCF. This reduction in billed volume is the reason for the reduction in the typical SFR bill. 13. The City of Chula Vista bills its customers in three different ways. Customers under Otay Water District's (Otay) jurisdiction are billed for water and sewer services monthly on the same bill by Otay. Customers in Sweetwater Authority's (Sweetwater) jurisdiction who reside in the pre-annexation area are billed for sewer services bi-monthly by the City's Finance Department. The remaining customers who are in the Montgomery area of the City who are in either Sweetwater's or CAL-American's jurisdiction are billed for sewer services ES-4 14-17 1:DM Executive Summary annually on the property tax bill by the City's Engineering & General Services Deparbnent. All these billing units had independent databases that were not linked. Ultimately the customer data, which was used in the 2005 study, was assembled from these databases. Through a recent audit of these systems, in preparation for this new study, it was determined that the baseline customer data used in the previous study was significantly higher than it should have been. Consequently, the revenue requirement was spread over more customers than ultimately existed, resulting in rates that were lower than they should have been, and lower revenue than projected. 14. In addition, just prior to the 2005 Study, the City of Chula Vista was experiencing an influx of new development, which seemed to be on track to continue for a significant amount of time. Unfortunately, shortly after the adoption of the rate plan, development peaked and went into a significant downturn, which seems inclined to continue for the next few years. That has ultimately impacted the revenues for the past two years. Consequently, the customer data used in this study is significantly different from the previous study. The updated data indicates that the projections of customer data (Le., number of customers and billable flow) were significantly higher than what actually occurred, which further impacted the revenues. Therefore, the combination of the inadequate rates and the decline in the growth rate resulted in fewer paying customers, lower sewage volume, and consequently lower than expected revenue for the utility. Residential single-family growth has dropped from 5 percent to 1.15 percent. This has resulted in a decline in expected revenues of approximately $2 million in FY07-08 and some $17.5 million over the period analyzed. Had the baseline customer data been accurate, and had growth continued as previously predicted, the adopted rates would have been adequate to cover expenses. 65000 60000 I!! " 55000 E 0 - .. 50000 :l (.) - 0 45000 ~ " .<:l E 40000 :l z 35000 30000 s;:,"" s;:,~ s;:,<' s;:,'o ~ s;:,'o s;:,'ll ,,<:> ,," ,,'j, 'j,G 'j,G rf 'j,G 'j,G G 'j,G 'j,<:> ~ 'j,<:> ']; Year -+- Current Model -+- Prior Model Figure ES-1 - Previous and Current Study Estimates - Number of Customers ES-5 14-18 tDM Executive Summary 15. As a result of not meeting revenue projections, expenses have exceeded revenues and operating reserves are declining. Figure ES 2 below illustrates the difference between current and previous study estimates. The lower line (red) reflects revenue estimates based on adopted rates from the previous study, and the higher line (green) reflects revenue estimates based on proposed rates for the current study. 40.0 35.0 30.0 . 25.0 !! . Q 20.0 c ~ 15.0 ;;; 10.0 5.0 0.0 2008 2009 2011 2012 2010 Fiscal Year r::::::::J O&M Expense (Last Study) ......Re-.enuewith7.5% increases (Last Study) I!::::l!I Q&M Expense (1his Study) ....-Re\9!lue with 5% increases (This Study) Figure ES-2 - Previous and Current Study Estimates - Revenues & Expenditures 16. Another important element that was taken into consideration in establishing the revenue requirements is the restoration of a healthy operating reserve balance. The study determined that with the projected revenue increases, reserves would be at minimal levels for the next two years but begin a steady process of returning to recommended levels after that. The indicated minimum reserve level has been set at a 90-day working capital balance, typical for utilities. That amount is roughly equivalent to the City's quarterly payment to Metro and also allows for an emergency reserve. Bond rating agencies indicate reserves closer to 180 days are typical for utilities with higher bond ratings. 9.0 9.0 7.0 6.0 5.0 4.0 3.0 2.0 1.0 0.0 2006 2009 2011 2012 2010 Year _ Cumulati-.e Operating Fund Balance -+- Minimum Desired Balance Figure 2 Target Reserves vs. Actual Reserve Balance ES-6 14-19 CDU Executive Summary 15. A 5 % mid-year increase in FY 07-08 will assure revenues will be adequate to meet expenses and start replenishing reserves. Due to Proposition 218 requirements, a lead-time of several months is needed to comply with all regulations. Consequently, rates are not anticipated to go into effect until December of 2007. Proposed Rate Schedule Shown below is a proposed rate schedule for the next five years. However, we recommend only rates to be effective January 1, 2008 and Fiscal Years 2008-2009 and FY 2009-2010 be approved at this time. TABLE 16 Proposed Rate Schedule for Fiscal Years 2008 Through 2012 2008 2009 2010 2011 2012 Meter Monthly Service Charge (1) ~ $/month $/month $1rnonth $1month $/month Single-Family Residential 7.35 8.00 8.73 9.01 9.01 All Others 518 6.65 7.30 8.03 8.31 8.31 314 5.65 7.30 8.03 8.31 8.31 1 11.08 12.17 13.38 13.85 13.85 11/2 22.16 24.35 26.76 27.70 27.70 2 35.45 38.96 42.81 44.31 44.31 3 66.47 73.05 80.28 83.09 83.09 4 110.78 121.74 133.79 138.48 138.48 6 221.55 243.48 267.59 276.95 276.95 8 354.48 389.57 428.14 443.13 443.13 Volume CharQe (1) $/hcf $/hcf $/hcf $/hcf $Ihcf Residential Single~Famjly 2.99 3.27 3.57 3.69 3.82 Multi-Family 3.05 3.33 3.63 3.75 3.88 Mobile Homes 3.05 3.33 3.63 3.75 3.88 Non-Residential Commercial ~ Low 3.05 3.33 3.63 3.75 3.88 Commercial - Medium 4.13 4.52 4.94 5.10 5.27 Commercial- High 6.29 6.89 7.55 7.80 8.07 Special Users 2.98 3.33 3.63 3.75 3.88 (1) Includes the Sewer Facilites Replacement Fee and Storm Drain Fee Typical Bills The table below shows residential bills under proposed rates for various levels of winter periods water usage. The table recognizes that effective January I, 2008 residential users will be assigned a 90% return factor to provide an allowance for winter period irrigation usages. Figure ES-3 shows the distribution of residential customers by usage levels from I hcf to 20 hcf. The figure shows that the average is not only 10 hcf but the largest number of users have a sewer bill based on 10 hcf. ES-7 14-20 1:DM Executive Summary TABLE 17 Comparison of Typical Single-Family Residential Monthly Sewer Bills (1) (2) (3) (4) (5) (6) (7) FY 2008 FY 2008 FY 2009 FY 2010 FY2011 FY 2012 Adopted Proposed Proposed Proposed Proposed Proposed Usaae Charae Charae Charae Charae ~ ~ hcffmo. $ $ $ $ $ $ 0 9.00 7.35 8.00 8.73 9.01 9.01 1 11.53 10.04 10.95 11.94 12.33 12.44 2 14.06 12.73 13.89 15.16 15.66 15.88 3 16.59 15.42 16.83 18.38 18.98 19.31 4 19.12 18.11 19.77 21.59 22.30 22.75 5 21.65 20.80 22.71 24.81 25.63 26.18 6 24.18 23.49 25.65 28.03 28.95 29.61 7 26.71 26.18 28.59 31.24 32.27 33.05 8 29.24 28.87 31.54 34.46 35.60 36.48 9 31.77 31.57 34.48 37.68 38.92 39.92 10 34.30 34.26 37.42 40.89 42.24 43.351 11 36.83 36.95 40.36 44.11 45.57 46.78 12 39.36 39.64 43.30 47.33 48.89 50.22 13 41.89 42.33 46.24 50.54 52.21 53.65 14 44.42 45.02 49.18 53.76 55,54 57.09 15 46.95 47.71 52.13 56.98 58.86 60.52 16 49.48 50.40 55.07 60.19 62.18 63.96 17 52.01 53.09 58.01 63.41 65.51 67.39 18 54.54 55.78 60.95 66.63 68.83 70.82 19 57.07 58.48 63.89 69.84 72.15 74.26 20 59.60 61.17 66.83 73.06 75.48 77.69 6,000 ~ "' 5,000 4,000 '" ~ a: w ~ re . '" 8 " " ~ " " ... . " 03,000 . ... ~ a: " . w ... ... . .. N ~ " ,. ... ... " ~ z ~ 2,000 .. ~- ~- N . ~ . g. .. ~ .. . 1,000 " 0 , , , . " . , . . ,0 " '" " ~ ," ., ~ " '" '" USAGE (HeF) Figure ES-3- Distribution of Customers at Each Level of Usage'':! 1 New customers who do not have a "winter usage history" are set up as "an Average" customer - 10 HCF. IThe City has a "Cap" of 20 ReF, therefore all customers who have a "winter average" of 20 RCF aT above are billed for only 20 HeF. ES-8 14-21 COM Executive Summary Rate Comparisons CDM performed a survey of wastewater charges in cities in San Diego County and the results are presented in Figure 3 below. The figure clearly shows rates in Chula Vista are on the low end in the County. 70.00 60.00 50.00 40.00 i "0 Q 30.00 20.00 10.00 0.00 tP _"'~ ~<;:o . o~ '114. d-' .. IfF c,' '" .. .~ cf'",'lt. CJ'Ii ~ 4' <l &"....- " .'^ ",' ..1"'" !f>$' .j,'~ tP-~O ~#' $() Q..# Q'I1~ ~ .J>' ~<;)' ~~ v.,..f ~. qP ,,'tJ ~'tJ _",<:- b~ ~B 4 A-~ if' v~ <(i # "T q'li ~0~ '$$' 'tY <t1 v' ~(:' 1f' ~., ~ ~ ",' A'"' "'~ <<~v- iJ'~ CltylDlstrlct ES-9 14-22 COM Section 1 Introduction 1.1 Background The City of Chula Vista is the sewer and storm drain service provider to the residences and commercial enterprises in its service area. The city is located eight miles south of the city of San Diego and seven miles north of the Mexico border and covers approximately 50 square miles. The city has grown at a rapid pace, primarily due to new development on its eastern side in addition to in-fill development on the west. Recently growth has slowed, however. Wastewater generated in the city is collected and sent to treatment facilities in Point Lorna and South Bay operated by the City of San Diego Metropolitan Wastewater Department (Metro). The City is billed by Metro based on the wastewater flow and strength sent to these treatment plants. In providing sewer service, the City incurs considerable expense related to the ongoing operating and capital needs of the utility. Operating and capital expenditures change annually because of the need for repairs and replacements to existing facilities, the need to improve service to meet more stringent state and federal environmental compliance requirements, and to stay abreast of inflationary trends. The City, in recognition of the importance of financially planning for the costs to replace, improve, and operate the sewer utility, has engaged Camp Dresser & McKee to perform a comprehensive update to the sewer cost of service and rate study performed in 2005. The City's priorities in the coming years include the acquisition of additional treatment capacity. The City is currently evaluating a variety of- options for meeting this need, some of the options being considered include a.) purchase or lease of additional treatment capacity rights from a member agency or agencies in the Metro system, b.) construction of an independent wastewater reclamation facility or c.) facilitating the upsizing or acceleration of planned Metro treatment facilities to accommodate the City's needs. Although not part of this rate analysis given alternate funding sources, in addition, the City also has plans for on-going upgrades and improvements of its municipal sewer system. All these projects are included in the City's five-year capital improvement program. A major challenge will be to balance the requirements of expanded infrastructure with available City revenues. All planned expenditures will need prioritization to assure that financial resources are used in the most effective way. The City will also conduct a level of service review to ensure that the level of service being provided is optimized and that available resources are used judiciously. 1-1 14-23 CDM Section 1 Introduction Sewer Service Charge The City of Chula Vista's current Sewer Service Charge is made up of three different fees; the Sewer Service Fee, the Storm Drain Fee and the Sewer Facilities Replacement Fee as illustrated in the diagram below. Consequently, revenue generated by the City's Sewer Service Charge is distributed between three separate funds. These separate fees and funds are detailed as follows: Sewer Fees Relationship Diagram Sewer Service Fee Varies Sewer Service Charge I I Storm Drain Fee SFD $0.70/Month MFDIComm $O.06/hcf I I Sewer Fdties Replacement Fee SFD $1.97/Month MFDIComm $O.11Ihcf I I Sewer SelVice Fund City M&O and Metro Exp Storm Drain Fund Storm DrainlNPDES Sewer Facility Replacement Fund Sewer Rehab Projects The Sewer Service Fee This fee is comprised of two parts and is the focus of the study. There is a fixed monthly fee paid by all users and a variable fee based on water consumption. The fixed monthly fee is based on water meter size and currently ranges from $6.33 to $337.60 per month. For the variable portion of the fee, residential and low-strength commercial customers are charged $2.53 per Hundred Cubic Feet (HCF). Medium- and high-strength commercial customers are charged $3.38 and $5.12 per HCF respectively; while special user charges are individually calculated for each customer. Sewer Service Revenue Fund - (Fund 41410) Revenues derived from Sewer Service Fees are deposited into the Sewer Service Revenue Fund. Funds in the Sewer Service Revenue account are used solely for the purposes of maintaining and operating the municipal wastewater collection system, any collection costs and wastewater treatment charges by the City of San Diego Metropolitan Wastewater. Maintenance and operation is as dictated in Municipal Code Section 3.20. This fund is considered the operating fund for purposes of this study and will be discussed in detail later in the report. Storm Drain Fee While not part of this rate review, information regarding this fee is provided to increase understanding of customer billing. This fee recovers a portion of the cost of maintenance and operation of the storm drain system through two types of fees. Single-family customers are charged a flat monthly fee, which is currently $0.70 per month. All other customers are charged a monthly fee based on water consumption that is currently $0.06 per HCF. This fee is collected as part of the monthly sewer 1-2 14-24 CDIIlI Section 1 introduction service charge. Since this fee was established in 1991, the fee has never been increased due to the constraints of Proposition 218. Consequently, the fee does not generate sufficient revenues to meet the obligation of the fund. Storm Drain Fund (Fund 30110) Revenues in the Storm Drain Fund are derived from Storm Drain Fees paid by all users for the operation and maintenance of the City's Storm Drain System including underground drainage systems charmels and ditches. Also competing for this limited fund source are costs associated with complying with the requirements of the National Pollutant Discharge Elimination System (NPDES). Because fee revenue is not sufficient to meet budgetary requirements, the general fund currently subsidizes storm drain activities. Details of the Storm Drain Fund are shown in the table below. Storm Drain Fund Description 2008 2QQ2 .<.Q.1Q 2011 2012 $ $ $ $ $ Source of Funds Funds on Hand at Beginning of Year (374.200) (566,500) (753.100) (934,000) (1,109,100) Stann Drain Fees (Transfer from Operating) 546,205 551,904 557,653 563,444 569,332 Pennit Fees 400,000 400,000 400,000 400,000 400,000 Total Funds Available 572,005 385,404 204,553 29,444 (139,768) Use of Funds Fees and Services 342,100 342,100 342,100 342,100 342,100 Transfer to GENERAL FUND 343,700 343,700 343,700 343,700 343,700 Transter to REPLACEMENT FUND 179,726 179,726 179,726 179,726 179,726 Other Transfers Out 273,000 273,000 273,000 273,000 273,000 Total Use of Funds 1,138,526 1,138,526 1,138,526 1,138,526 1,138,526 Funds on Hand at End of Year (566,521 ) (753,122) (933,973) (1,109,082) (1,278,294) [1] Interest on available storm drain fund computed at a 3.5% annual interest rate Sewer Facilities Replacement Fee: This fee is not the subject of the CDM study however an internal review has resulted in recommendations outlined below. This recovers the cost of sewer rehabilitation and replacements through two types of fees. Single-family customers are currently charged a flat monthly fee, which is currently $1.97 per month. All other customers are charged a monthly fee based on water consumption that is currently $0.11 per HCF. Based on the findings of a recent City staff review of the historical records (i.e., findings of previous monitoring efforts, required improvements) and cost of the required improvements, it is recommended that the fee be amended as follows: for single-family residential users the flat monthly fee of $1.97 will be removed. Under the proposed rate schedule, all users, including single-family, multi-family and non- residential users, will be charged $0.18 per HCF. 1-3 14-25 Section 1 Introduction Sewer Facilities Replacement Fund (Fund 42800) Revenues in the Sewer Facilities Replacement Fund are derived from Sewer Facilities Replacement Fees paid on a monthly basis by all users connected to the City's wastewater collection system. This fund is primarily used for the replacement and rehabilitation of deteriorating municipal facilities. This fee is collected on a monthly basis with the Sewer Service Charge. Details of the Sewer Facilities Replacement Fund are shown in the table below. The table reflects the proposed changes in the Fees. Sewer Facility Replacement Fund - 42800 Line Fiscal Year Ending June 30 No. Description 2008 ~ 2010 2011 2012 $ $ $ $ $ Source of Funds 1 Funds on Hand at Beginning of Year 3.382.608 1.689.548 1,781,406 1,884,944 2,000,262 2 Connection Fees 0 0 0 0 0 3 Sewer Facility Replacement Fees 1,392,368 1,406,632 1,421,013 1,435,491 1,450,228 4 Transfer in from Loan Payments 179,726 179,726 179,726 179,726 179,726 5 Interest Income 205,358 60,700 64,200 68,000 72,200 6 Total Funds Available 5,160,060 3,336,606 3,446,344 3,568,162 3,702,415 Use of Funds 7 Major Capital Improvements [2] 3,321,300 1,400,000 1,400,000 1,400,000 1,400,000 Bond Reserve Account Requirement 0 0 0 0 0 8 Automotive Equipment 0 0 0 0 0 9 Transfer out to Sewer Service Rev 149,212 155,200 161,400 167,900 174,600 10 Transfer out to General Fund 11 Tolal Use of Funds 3,470,512 1,555,200 1,561,400 1,567,900 1,574,600 12 Funds on Hand at End of Year 1,689,548 1,781,406 1,884,944 2,000,262 2,127,815 [1} Interest on available capital funds computed at a 3.5% annual interest rate. [2} Shown on Table 3 as funding source "R", 1.2 Purpose The purpose of this sewer rate study is to: . Review and analyze the City's historical data and project future requirements and resulting revenue needs; . Plan for financing of the municipal capital improvement program proposed by the City; . Meet the financial requirements of system improvements; . Analyze the cost of providing service by customer class; . Develop an equitable sewer rate structure based on proper customer classification; 1:DM 1-4 14-26 1::DM Section 1 Introduction . Design sewer rates based on cost of service, which will generate adequate revenues to support revenue requirements. 1.3 Scope of the Study This 2007 update to the 2005 rate study includes three phases: Financial Planning, Cost of Service Analysis, and Rate Design. . Financial Planning: Revenue requirements are projected for a five-year period from FY 07-08 through FY 11-12. Financial planning involves estimation of annual O&M and capital expenditures, inter-fund transfers, annual reserve requirements, operating and capital revenues, and the determination of required annual sewer service revenues from rates and charges. . Cost of Service: Cost of service involves the apportioning of annual revenues required from rates to the different user classes in proportion to their demands on the sewer system. . Rate Design: Rate design involves the development of a fixed and variable schedule of sewer rates for each of the different user classes to reflect the required revenue adjustments made during the financial planning phase. This report includes six sections besides the Executive Summary and the Introduction. Sections 2 through 7 present study results. These sections discuss in detail the financial planning phase, cost of service analysis, and rate design phase. 1-5 14-27 1:DM Section 2 Revenue Revenue for the sewer utility is derived from sewer service charges, industrial waste permits, miscellaneous revenues, and interest income from operations. This section provides a description of those revenue sources. 2.1 User Classifications and Customer Growth The level of future revenue from user fees the City can expect to receive is a function of the number of customers served, the quantity of sewer flow, and the level of current rates. Development of projected revenues under existing rates provides the benchmark upon which to evaluate the need for revenue adjustments throughout the five-year study period, Seven classes of customer are recognized. They include single-family, multi-family, mobile homes, low-strength commercial, medium-strength commercial, high-strength commercial and special users (high-volume users and variance accounts). The study assumes modest future growth in the City service area. Table 1 shows the projected number of customer accounts, wastewater flow, and revenue assuming existing rates for FY 07-08 to FY 11-12. TABLE 1 Projected Number of Accounts, Volume, and Revenue Revenue Fiscal Average Total Under Year Ended Number of WW Existing June 30 Accounts Volume Rates he! $ 2007 47,020 8,172,900 23,526,500 2008(1) 47,550 8,256,900 25,469,000 2009(1) 48,080 8,342,200 25,730,200 2010(1) 48,620 8,428,100 25,993,700 2011 (1) 49,170 8,514,700 26,259,200 2012(1) 49,720 8,602,800 26,529,000 (1) Projected revenue under adopted FY 07-08 rates. The City of Chula Vista also provides a low-income rate, which is 70% of the single- family residential adopted rate. This rate is available to single~family residential users who meet the City's income requirements for "low-income slatus." The City uses the Federal Department of Housing and Urban Development's (H.U.D) guidelines as a basis of approval. 2-1 14-28 aiM Section 2 Revenue 2.2 Billing Method The City strives to establish sewer rates that are fair and equitable, so the billing method for each user class is designed to match its estimated cost of service. Rates have been designed to recover fixed costs of maintenance and operation of the system, which is more dependent on the size of the collection system than on the amount of flow in the system. The rates also recover variable costs for wastewater treatment, which is based on the quantity and quality of the "treated sewage. Consequently, users pay a sewer service charge that is made up of two components: a fixed service charge and a variable commodity charge. Together these two components comprise the customer's total Sewer Service Charge. Fixed Service Charge: This charge applies to all users including residential, commercial & industrial, and institutional users. Based upon meter size, the charge allows the City to break out and recover the fixed costs of service that the City incurs irrespective of the amount of flow that goes through the system (e.g., billing and administrative costs, certain portions of the maintenance costs and debt service). Commodity Charge: This charge varies and is dependent on the amount of wastewater discharges (as measured by water used) and the user's strength classification Monthly Sewer Service Fee: Fixed Service Charge + Commodity Charge Commodity Charge: (Sewer Rate x Rate of Return x Water Used) The Rate of Return is the percentage of the amount of water used by a user that is ultimately discharged into the wastewater collection system. Single-Family Residential Users Single-family residential customers - These customers pay a uniform monthly fixed service charge based on meter size (assumed to be 5/ 8ths inches for all single-family residential customers -SFR). The fee is currently $6.33/ month exclusive of storm drain and sewer facilities replacement fees. In addition, variable commodity charge based on water consumption is paid. The City of Chula Vista uses a customer's "Winter Average" to set their sewer service fee for the fiscal year. This concept is explained in greater detail below. Winter Water Usage Approach In July 2003, the Chula Vista City Council approved a major change in the way the Sewer Service Charge is determined for single-family homes. The structure was changed from a flat-fee structure where all homes paid the same fee, to" a consumption-based structure, which was based on the amount of water used which typically correlates to the amount of sewage generated. Under this new structure, the sewer service charge is determined by using the lowest average water consumption of two consecutive winter months; the winter months are the six months from 2-2 14-29 CDII Section 2 Revenue November through April. The underlying assumption being that most customers significantly reduce or turn off irrigation sprinklers during the winter season. Therefore, the water consumption during that period generally correlates to the amount of sewage discharged, hence the use of this data as the basis of the rates. A previous analysis of the City's sewer customer billing data indicated that the City's current approach of billing single-family residential customers the lowest two months of water usage is a fair and equitable method and is used by a majority of large utilities in the United States. However, since a significant number of customers seem to continue to use water outside the home even in the lowest use winter months, it is therefore appropriate to bill for less than the total amount of the water used during the winter period. A 90 percent return to sewer factor (return factor) is used to develop the proposed rates shown in this report as compared to the previous rate study which utilized a 100 percent return factor. This reduced return factor is validated by a mass balance calculation of billed sewer volume conveyed to Metro and customer billed estimates. In addition, the City also has a cap on billable flow for single-family residential customers. Based on the findings of a previous study, the City adopted a cap of 20 HCF. That means that single-family residential customers are capped at 20 HCF per month. The cap was put in place to avoid charging single-family residential customers for any residual irrigation usage that may have occurred during the winter period. The study determined that with a 90% rate of return and a cap of 20 HCF for single- family residential customers and an appropriate rate of return for all other user classes, the total amount of billable flow approximately equals the amount of flow treated at the plant ("mass balance"). Multi-Family Users Multi-family users pay a fixed service charge based on the meter size and a variable commodity charge that is calculated either of two ways: a. If the individual units do not have their own meters, then the entire complex is billed as a multi-family location on a "Master Meter" with a rate of return of 79% (84 % for Mobile Homes). b. If each unit has its own individual meter, it is billed as single-family home (Le., based on winter average). Commercial Users Commercial users also pay a fixed service charge based on their meter size and a variable commodity charge that is based on the strength classification of the user. Commercial users are classified as low-strength, medium-strength or high-strength users. In addition, the billable flow for commercial users assumes a rate of return of 90% of water consumed. 2-3 14-30 mM Section 2 Revenue Special Users There are two types of special users: High-Volume Users and Variance Accounts are both discussed in greater detail below. High-Volume Users: The State Water Resource Control Board guidelines for agencies establishing revenue programs such as this require that commercial and industrial customers who discharge over 25,000 gallons per day (gpd) of wastewater have their sewer service charges determined individually based on flow as well as Chemical Oxygen Demand (COD) and Total Suspended Solids (TSS) or estimated strength. The City currently has seven (7) accounts in this classification. Prudential Overall Supply Scripps Hospital Sharp Medical Center County of San Diego Fredericka Manor Laura Smith B.F. Goodrich Sewer Variances The City also has customers who have been granted special rates based on other criteria because their recorded water usage did not reflect sewage discharged. In accordance with the provisions of Chula Vista Municipal Code, these customers pay processing fees and go through an application process where each component of their sewer discharge is investigated and a special rate based on cost of service is determined by staff. The City currently has 11 accounts in this classification. Duke Energy First Church of Christ Sweetwater Union High School Canyon Community Church Inland Industries Ecology Auto Parts Paseo Del Rey Church CV Elementary Schools Southwestern College Santa Fe Tortilleria Otay Landfill 2.3 Existing Sewer Rates The existing rate schedule is presented below in Table 2. 2-4 14-31 ~M Section 2 Revenue TABLE 2 Existing Sewer Rate Schedule FY 2008 Monthly Service ~ $/mo Single-Family Residential 9.00 All Others 5/8 314 1 11/2 2 3 4 6 8 9.00 9.00 13.22 23.77 36.43 65.97 108.17 213.67 340.27 Volume Charae $/hcf Residential Single-Family Multi-Family Mobile Homes Non-Residential Commercial - Low Strength Commercial- Medium Strength Commercial- High Stength Special User 2.53 2.53 2.53 2.53 3.38 5.12 Varies In addition to the Sewer Service Fees, all users pay a Sewer Facilities Replacement fee and a Storm Drain Fee, which are all integrated, into the monthly Sewer Service Charges. All SFR customers are currently charged $1.97 a month, while MFDjCommercial customers are billed $O.l1jHCF. SFR customers are billed a storm Drain Fee of $0.70 a month while MFDjCommercial are billed $0.06jHCF. 2.4 Sewer Service Fee Revenue Under Existing Rates Revenue for financing the City's sewer system is derived principally from sewer service charges. Other revenues are received from miscellaneous revenues and interest income. 2.4.1 Revenue Under Existing Rates Revenue under existing rates is obtained by applying the current rate schedule, shown in Table 2, to the projected number of customers served by the City and estimated wastewater flow. Table 1 shows that the City will collect approximately $25,469,000 in FY 07-08 for sewer services, excluding Storm Drain Charge and Capital Facilities Charge revenues. 2-5 14-32 CDM Section 2 Revenue 2.4.2 Other Revenues Other revenue sources include industrial waste permits; pump station maintenance fees, reimbursements, and miscellaneous revenue. Total revenue from these sources is estimated to be approximately $393,100 in FY 07-08. 2.4.3 Interest Income Interest income varies from year-to-year depending on the investment of available monies in the Sewer Operating Fund. Investment income projections are based on available fund balances using an average annual interest rate of 3.5 percent throughout the study period. Estimated interest income for FY 07-08 totals $121,700. 2-6 14-33 Section 3 Capital Improvement Program The City has developed a sewer utility capital improvement program (CIP) to address municipal sewer systems need in terms of projects necessary to bolster and reinforce its existing infrastructure facilities. A summary of the sewer capital improvement program, which reflects the planned expenditures for each year during the study period, is shown in Table 3. The program is estimated to total $9,101,300 for FY 07-08 through FY 11-12; however, there are projects that may be carried over from FY 06-07. Sewer projects include the purchase of additional Metro capacity, sewer replacements, and annual upgrades and improvements to the sewer system. Since these capital costs are not going to be funded from the operating fund directly, they are provided for informational purposes only and will not affect rates TABLE 3 Proposed Major Capital Improvement Program Uno Funding Rscal Year EndillQ June 30 No. DesaiDtion Source (1) 2008 2009 2010 2011 2012 Total $ $ $ $ $ $ 1 Sewor Facili4' Replacement Fund 2 Gls.orthophotographyfTopography R 17.000 17,000 3 G St Pump Station Improvements R (1,000,000) (1,000,000) 4 _ Rehabilitalion FY05-06 R (100,000) (100,000) 5 _ Rehabilitalion FY06-07 R (187,473) (187,473) 6 InIICfN and Infiltration Study R 174,300 174,300 7 G St _ betv.een 2nd and 4th R 1,750,000 1,750,000 8 CSt__4th and 5th R 600,000 600,000 9 Garrett St Sev-.er betwgen Davidson & E: R 480,000 480,000 10 Ovic Center Renovations-PhaSe 3 R 80,000 80,000 11 __ Rehabilitation FY 07-08 R 1,507,473 1,507,473 12 Future Sev.er Rehabilitation R 0 1,400,000 1,400,000 1,400,000 1,400,000 5,600,000 0 13 Trunk Sewor Fund 0 14 Main 51 betv.een Hilltop ard Fresno T 30,000 30,000 15 Special Sewer Fund 0 16 ClP Mgmt and Equip Purchase SP 50,000 50,000 17 CIP Advanced f1anrOng SP 100,000 100,000 18 Total 3,501,300 1,400,000 1,400,000 1,400,000 1,400,000 9,101,300 (1) SO= storm [)ain Fund, T=TlU'lkSev.erCapital Reserve Fund, R'" Repla::ement Fl.I'ld, (): Operaing Fund, SP= Spada! SeY.erFund mM 3-1 14-34 Section 4 Revenue Requirements Revenue Requirements of the utility consist of operation and maintenance expenses and annual capital costs. The latter includes debt service, which the utility currently does not have, and routine capital outlays for equipment replacements. 4.1 Operations and Maintenance Expense Operation and maintenance (O&M) expense includes the cost of operating and maintaining sewer collection, treatment and disposal of wastewater, and maintenance of system facilities. Expenses include the cost of personnel, utilities (gas and electric), chemicals, and miscellaneous materials and supplies to operate the sewer system on a routine basis. Expenses also include payment to the General Fund for overhead costs. Since O&M costs are an ongoing annual obligation of the City, they must be met from sewer service charge revenue. Table 4 presents a summary of the projected O&M expenses for the City's sewer system. The forecasted expenditures are based upon the City's budget and the effect of inflation in future years. Total operation and maintenance expense, including capital outlay, is projected to increase from $29,455,400 in FY 07-08 to $34,118,600 in FY 11-12. The Metro and Spring Valley costs shown on Lines 11 and 12 include both O&M and capital costs. TABLE 4 Operations and Maintenance Expense No. Description 2008 $ WW Support Services 1 Wastewater Engineering 541,900 2 WW Operations Admin 147,600 3 WW Maintenance 3,590,400 4 Lift Station/Pool Maint. 570,800 S Sewer Billing and Collection 116,300 6 Sewer Service Supplies and Services 112,700 7 Sewer Service Risk Management 50,100 8 Transfer to General Fund 4,587,700 9 Transfer to 03 Refunding COP 21,000 10 Total WW Support Services 9,738,500 11 Metro Cost 17,273,300 12 Spring Valley 736,200 13 Other Professional Svcs. 50,600 14 Clay Water District Processing 356,000 15 Total O&M Expense* 28,154,600 16 Capital Outlay 1,300,800 17 Total O&M Expense 29,455,400 * - Total excludes Capital Outlay mill 14-35 Fiscal Year Ending June 30 2009 2010 2011 W2 $ $ $ $ 552,800 S63,600 574,700 586,000 150,700 153,700 156,800 159,900 3,864,579 3,937,900 4,012,600 4,088,600 582,300 594,000 605,900 618,000 119,300 122,200 125,300 128,500 115,100 117,400 119,700 122,000 51,600 53,100 54,700 56,300 4,679,400 4,773,000 4,868,500 4,965,900 21,500 21,900 22,300 22,700 10,137,279 10,336,800 10,540,500 10,747,900 18,381,000 20,005,000 21,437,600 22,509,500 412,200 134,800 320,000 280,300 52,100 53,700 55,300 57,000 366,700 377,700 389,000 400,700 29,349,279 30,908,000 32,742,400 33,995,400 926,000 423,400 605,400 123,200 30,275,279 31,331,400 33,347,800 34,118,600 4-1 mM Section 4 Revenue Requirements 4.2 Debt Service Requirements The City currently does not have any existing outstanding bond indebtedness. 4.3 Transfer of Revenues to the Sewer Facilities Replacement Fund As part of the sewer service charge, a sewer facilities replacement fee of $1.97 per dwelling unit per month is currently charged to residential customers. Non- residential customers are currently charged $0.11 per HCF of water usage but in no case less than $1.97 per meter. The rates will change to $0.18 per HCF for all users effective January 1, 2008. Total revenues collected will be transferred to the Sewer Facilities Replacement Fund. 4.4 Transfers of Revenues to the Storm Drain Fund Similar to the sewer facilities replacement fee, the City also has a storm drain fee of $0.70 per single-family dwelling unit per month. Non-residential customers are charged $0.06 per HCF of water usage per meter. It is anticipated that the Operating Fund will make a series of transfers to the Storm Drain Fund matching revenues collected. 4.5 Bad Debt Write-offs This study assumes bad debt write-offs of $300,000 annually based on historical trends. The majority of the write-offs are from customers in the pre-annexation area of the City who are billed by the City's Finance Department. Since the sewer billing is not done in conjunction with the water bill, the City does not have the ability to shut- off water service in order to collect these bills. 4.6 Routine Capital Outlays Routine capital outlays, which are financed from annual system earnings, include estimates for vehicle replacements, a new vactor truck, and other additions and replacements to system equipment. 4.7 Otay Water District Billing and Collection Charges A portion of the City (primarily east of 1-805) is billed for sewer service by the Otay Water District ("Otay''). Otay bills the City on a per account basis for providing this service. It is currently estimated that Otay will bill the City an average of $390,000 over the next 5 years. While this amount is quite significant, there are several benefits associated with this arrangement. For example since the sewer bill is collected with the water bill, the City has a low "bad debt" percentage for customers in that area compared to the other areas where the City does not have a similar arrangement and has less leverage to deal with delinquent accounts. 4-2 14-36 CDIUI Section 5 Cash Flow Analysis 5.1 Proposed Revenue Adjustments To provide for the continued operation of the sewer utility on a sound financial basis, revenue must be sufficient to meet revenue requirements. This section of the report analyzes the revenue increases needed to meet future revenue requirements. The pro forma operations statement or cash flow summary presented in Table 5 provides a basis for evaluating the timing and level of sewer revenue increases required to meet the projected revenue requirements during FY 07-08 through FY 11- 12. In order to meet projected revenue requirements and to maintain desired operating and capital reserve fund balances, the following increases are proposed: Effective Date Increases January 1, 2008 5.0 percent July 1, 2008 9.9 percent July 1, 2009 9.9 percent July 1, 2010 3.5 percent July 1, 2011 3.5 percent The magnitude of the increases shown above has been selected in order for total sewer revenue to meet revenue requirements and avoid transfers from any other funds, so that the Sewer Service Revenue fund can remain self-supporting. Estimated sewer revenue under existing rates is shown on line 1 of Table 5. The annual revenue shown is the same as in Table 1. Additional operating revenues from any proposed rate increases are shown on Lines 2 through 7. Other revenues and interest income are shown on lines 10 through 15. Operation and maintenance expenses, transfers to other funds, and bad debt write-offs are shown on lines 18 through 24. Line 19 shows the transfers to the Sewer Replacement Fund and Line 20 presents the transfers to the Storm Drain Fund scheduled for each year. The cash flow indicates the recommended revenue increases will be sufficient to meet all the needs of the utility throughout the study period with the proposed 5.0 percent increases effective January 1, 2008; 9.9 percent for the second and third; and 3.5 percent after that It is anticipated that the Operating Fund will be self-sufficient and no transfers from any other sources will be necessary although reserves are currently being used to meet revenue requirements. Table 5 shows that annual fund balances will remain positive but below a minimum desired balance defined as 90 days O&M. 5-1 14-37 CII'tt TABLES Operating Fund Flow of Funds Une No. Description 2 3 4 5 6 Revenue: Wastewater Service Charges Under Existing Rates Additional Service Charge Revenue Required: Revenue Months Increase Effective 5.00% 6 9.90% 12 9.90% 12 3.50% 12 3.50% 12 Year 2008 2009 2010 2011 2012 7 Total Additional Service Charge Revenue 8 9 10 11 12 13 14 15 16 Total Wastewater Service Charge Revenue Other Revenues Facilitites Replacement Charge Revenue Storm Drain Charge Revenue Relmb - C1P Projects Transfer In from Swr Facility Repl Interest Income From Operations [1] Interest Income From Restricted Reserves [1] Reimbursement from General Fund 17 Total Operating Revenues Available 18 Revenue Requirements: Operation and Maintenance Expense 19 20 21 22 23 Debt Service Transfer to Replacement Fund Transfer to Storm Drain Fund Transfer Out to Other Funds Bad Debt Write-Off. Routine Capital Outlay 24 Total Revenue Requirements 25 26 Net Operating Funds Available Beginning Operating Fund Balance 27 Cumulative Operating Fund Balance 28 Minimum Desired Balance [2] 2008 $ 25,469,000 636,700 636,700 26,105,700 393,100 1,392,400 546,200 100,000 149,200 121,700 o 150,000 Section 5 Cash Flow Analysis Rscal Year Endin~ June 30 2009 2010 2011 $ $ $ 2012 $ 25,730,200 25,993,700 26,259,200 26,529,000 1,286,500 2,674,700 3,961,200 29,691,400 393,100 1,406,600 551,900 o 155,200 42,100 o 150,000 1,299,700 2,702,000 2,969,500 6,971,200 32,964,900 393,100 1,421,000 557,700 o 161,400 76,500 o 150,000 1,313,000 2,729,600 2,999,900 1,165,600 8,208,100 34,467,300 393,100 1,435,500 563,400 o 167,900 142,700 o 150,000 1,326,500 2,757,700 3,030,700 1,177,500 1,218,700 9,511,100 36,040,100 393,100 1,450,200 569,300 o 174,600 216,500 o 150,000 28,958,300 32,390,300 35,724,600 37,319,900 38,993,800 28,154,800 29,349,279 30,908,000 32,742,400 33,995,400 1,392,400 546,200 o 300,000 1,300,800 1,406,600 551,900 o 300,000 926,000 1,421,000 557,700 o 300,000 423,400 1,435,500 563,400 o 300,000 605,400 1,450,200 569,300 o 300,000 123,200 31,694,000 32,533,779 33,610,100 35,646,700 36,438,100 (2,735,700) 4,163,000 1,427,300 7,038,700 [1] Estimated based on 3.5% interest rate. [2] Estimated at 90 days of operation and maintenance expense. 14-38 (143,479) 2,114,500 1,427,300 1,263,821 1,673,200 3,398,321 2,555,700 5,071,521 1,283,821 3,398,321 5,071,521 7,627,221 7,337,300 7,727,000 8,185,600 8,498,900 5-2 CDIII Section 5 Cash Flow Analysis However, the fund balance grows over the five-year plan period. This minimum desired balance is considered a reasonable working capital balance for a wastewater utility and is a target that can be used to justify higher bond rating. Figure 1 shows a graphical summary of the revenue under the proposed rates with revenue requirements. The figure indicates that revenue under the proposed rates is not sufficient to cover operation and maintenance and capital expenses for FY 07-08 and that drawdown of reserves will be necessary. However, no appreciable draw downs are anticipated in FY 08-09 through FY 11-12 once the Operating Fund becomes self-sufficient 40.0 35.0 30.0 ~ 25.0 .l!! Q Q 20.0 < 0 .. 15.0 iE 10.0 5.0 0.0 2008 2009 2010 2011 2012 Fiscal Year I!::!':J Oty's Operating Expense r::::J Metro/Spring Valley Costs c::::::::I Replacements and Stormwater ___Rate Revenue with increases Figure 1 Sewer Operating Fund Summary Figure 2 below shows the projected reserve balances against the desired level of reserves. The figure shows that with the projected revenue increases reserves will be at minimal levels for the next two years but begin a steady process of returning to recommended levels after that. Maintaining adequate reserves is critical to the successful financial operation of an enterprise activity such as the Sewer Fund. The indicated minimum reserve level has been set at a 90 day working capital balance, typical for utilities. That amount is roughly equivalent to the utility's quarterly payment to Metro and also allows for an emergency reserve. Bond rating agencies indicate reserves closer to 180 days are typical for utilities with higher bond ratings. 5.3 14-39 CDM Section 5 Cash Flow Analysis 9.0 9.0 7.0 f 6.0 .!! 8 6.0 c 4.0 ~ i 3.0 2.0 1.0 0.0 2006 2009 2010 2011 Year 2012 _ Cumulatiloe Operating Fund Balance -+- Minimum Desired Balance Figure 2 Target Reserves vs. Actual Reserve Balance 5-4 14-40 COM Section 6 Cost of Service Analysis The cost of service analysis is a critical element in a rate study. The total revenue requirements net of revenue credits from miscellaneous sources, is by definition, the cost of providing service. This cost of service is then used as the basis to develop unit rates for the wastewater parameters and to allocate costs to the various user classes in proportion to the quantity of wastewater contributed and the strength of wastewater. In this study, FY 07-08 is referred to as the "test year", therefore, FY 07-08 revenue requirements are used in the cost allocation process. 6.1 Cost of Service to be Allocated The annual revenue requirements or costs of service to be recovered from charges for wastewater service consist of the elements of O&M expense and capital related costs. O&M expense includes cost directly related to the collection, treatment and disposal of wastewater, and maintenance of system facilities. Capital related costs represent routine capital outlays. The test year cost of service to be recovered from wastewater service charges is estimated at $26,742,400. As shown in Table 6, the total cost of service comprises net operating expenses and capital costs are offset by other funds. TABLE 6 Allocation of Revenue Requirements Test Year 2008 Line Operating Capital and ],!Q. ~ Other Costs I2li! $ $ $ Total Revenue Requirements 1 Operation & Maintenance Expense 28,154,600 28,154,600 2 Total Debt Service 0 0 3 . Routine Capital Outlay 1,300,800 1,300,800 . Bad Debt Write-offs 300,000 300,000 5 Transfer To Replacement Fund 1 ,392,400 1,392,400 6 Transfer To Storm Drain Fund 546,200 546,200 7 Subtotal 29,000,800 2,693,200 31,694,000 Less Other Operating Revenue B Other Revenues 393,100 393,100 9 Reimbursements and Transfers 399,200 399,200 10 Replacement Fee Revenue 1,392.400 1,392,400 11 Storm Drain Fee Revenue 546,200 546,200 12 Interest Income 121,700 121,700 13 Subtotal 1,061,000 1,791,600 2,852,600 Adjustments ,. Adjustment for Annual Cash Balance 2,884,900 (149,200) 2,735,700 15 Adjustment to Annualize Rate Increase (636,700) (636,700) 16 Subtotal 2,248,200 (149,200) 2,099,000 17 Cost of Service to be Recovered from Rates 25,691,600 1,050,800 26,742.400 6-1 1 4-41 Section 6 Rate Design In determining the annual cost of service revenues required from rates, revenues from other revenue sources such as miscellaneous revenue, Storm Drain Fee revenue, and Replacement Fee revenue are deducted from the appropriate cost element. In addition, adjustments are made to account for cash balances. 6.2 Wastewater Parameters The total cost of sewer service is analyzed by system functions in order to equitably distribute costs of service to the various classes of customers. For this analysis, sewer utility costs of service are assigned to three basic functional cost components (wastewater parameters) ~ volume related costs ~ strength related costs ~ customer related costs Functional cost components relate to services provided and not activities of the utility as set out in the O&M budget. 6.2.1 Volume Related Costs . Volume costs are those which vary directly with the quantity of wastewater contributed and include: . Capital costs related to the investment in the system facilities which are sized on the basis of wastewater volume, . O&M expense related to those facilities, and . The expense of treatment chemicals and electric power associated with the volume of wastewater treated. 6.2.2 Wastewater Strength Costs . Consist of the O&M expense and capital costs related to wastewater treatment facilities designed to remove pollutants, (Metro) . Are based principally on the amount of pollutants in the wastewater. . Are further separated into COD and TSS. 6.2.3 Customer Costs . Customer costs are those, which tend to vary in proportion to the number of customers served. . These include billing and collection expenses and general administration. gDM ~2 14-42 CIlIUI Section 6 Rate Design The separation of costs of service into these principal components provides the means for further allocation of such costs to the various customer classes on the basis of their respective volume, strength, and customer requirements for service. General Fund Transfers were previously allocated entirely to customer costs, but after changes to the accounting system due to the conversion to an enterprise fund allocation adjustments had to be made. Costs were rolled up differently and therefore costs that were previously volume related were rolled into the general fund transfer. To compensate for this the General Fund Transfer has been split between volume and customer costs. Those are the costs incurred by the City for transporting wastewater to Metro and billing customers which City overheads support. 6.3 Allocation to Wastewater Parameters The allocation of O&M and capital costs to the wastewater parameters selected involves the following: . Identification of functional O&M and capital costs of the wastewater system . Determination of O&M and capital cost allocation percentages for the wastewater parameters O&M expense items are allocated directly to appropriate cost components, while the allocation of capital costs is based upon a detailed allocation of related capital investment. The separation of costs into functional components provides a means for distributing such costs to the various classes of customers on the basis of their respective responsibilities for each particular type of service. 6.3.1 Allocation of Capital Costs Capital costs include routine capital improvements. A reasonable method of assigning capital costs to functional components is to allocate such costs on the basis of the capital investment. All of the City's facilities are designed only to convey wastewater. The City currently owns no facilities designed to treat wastewater. Hence all capital costs are allocated 100% to the volume component. 6.3.2 Allocation of Operating Expense Projected net operating expense for the test year is allocated to cost components on the basis of an allocation of O&M expense as shown in Table 7. O&M expense for the test year is allocated to cost components in the same manner as capital costs, based on the design criteria of the plant facilities. The allocation of Metro costs is based on annual billing. 6-3 14-43 Section 6 Rate Design 6.4 Allocation of Cost to Customer Classes The total cost responsibility of each customer class may be estimated by distributing the cost of service allocated to functions in Tables 7 among the classes based on the respective service requirements of each class. TABLE 7 Allocation of Operation and Maintenance Expense to Functional Cost Components Test Year 2008 Strength Line Total Suspended No. Cost Component Exoense Volume COD Solids Customer $ $ $ $ $ WW Support Services 1 I/'NJ Engineering 541,900 0 0 0 541,900 2 WW Operations Admin 147,600 0 0 0 147,600 3 WW Maintenance 3,590,400 2,692,800 0 0 897,600 4 Lift StationlPool Maint 570,800 281,404 138,134 151,262 0 5 Sewer Billing and Collection 116,300 0 0 0 116,300 6 Sewer Svc Supplies and Services 112,700 0 0 0 112,700 7 Sewer Svc Risk Management 50,100 0 0 0 50,100 s Transfer to General Fund 4,587,700 1,940,597 0 0 2,647,103 9 Transfer to 03 Refunding COP 21,000 21,000 0 0 0 10 Total WW Support Services 9,738,500 4,935,802 138,134 151,262 4,513,303 11 Metro Cost 17,273,300 8,515,737 4,180,139 4,577,425 0 12 Spring Valley 736,200 736,200 0 0 0 13 Other Professional Svc 50,600 50,600 0 0 0 14 Otay Water District Processing 356,000 175,508 86,152 94,340 0 15 Total Operation & Maintenance 28,154,600 14,413,846 4,404,424 4,823,027 4,513,303 16 Percent 51.20% 15.64% 17.13% 16.03% The allocation of costs of service into the principal service requirement components (customer, volume and strength related) provides a means for further allocation of costs to the various customer classes on the basis of their respective volume and strength. 6.4.1 Customer Classifications For purposes of cost of service analysis and rate design, sewer customers are classified to reflect groups of customers with similar service requirements and who are served at a similar average cost. Sewer customers are currently separated by the City into the following classes: . Single-Family Residential (includes low-income residential) . Multi-Family Residential (includes mobile homes) . Commercial - Low Strength CDM 64 14-44 Section 6 Rate Design . Commercial - Medium Strength . Commercial - High Strength . Special Users (includes High Volume Users and Variance Accounts) 6.4.2 Units of Service The determination of customer class responsibility for costs of service requires that each general customer class be allocated a portion of the volume, strength and customer costs of service according to its respective service requirements, and that all costs directly associated with a specific customer class be allocated to that class. The estimated test year service requirements or units of service for the various customer classes are shown in Table 8. Cost responsibility by customer class is based on each class' share of units of service. That is, if a class contributed one-third of the wastewater flow it will be assigned one-third of volume related costs. The same is done for strength-related costs and customer costs. Metered water and wastewater data for FY 05-06 and partial FY 06-07 flows were used to estimate customer usage by customer category and to balance total wastewater plant loadings. Equivalent units in column 5 reflect additional dwelling units as well as an adjustment for larger meter sizes, TABLE 8 Estimated Units of Service Test Year 2008 (1) (2) (3) (4) (5) Strength Line Wastewater Suspended Number of Equivalent No. Customer Class Volume COD Solids Accounts Units he! lbs Ibs Residential 1 Single-Family 4,694,000 16,408,000 4,834,500 43,300 43,300 2 Multi-Family 1,756,800 6,140,900 1 ,809,400 2,252 6,036 3 Mobile Homes 0 0 0 0 0 Non.Residential 4 Commercial - Low 699,900 2,446,600 720,900 1,435 3,465 5 Commercial - Medium 138,800 866,400 303,200 201 461 6 Commercial - High 156,000 1,947,100 681,500 196 471 7 Low Income 0 0 0 0 0 8 Golf Courses Club Houses 0 0 0 0 0 7 Special Users 290,000 905,000 271,500 161 1,053 8 Total 7,735,500 28,714,000 8,621,000 47,545 54,786 a. 6-5 14-45 CIlIII Section 6 Rate Design Estimates of the wastewater volume of each class are based upon water usage records and include an estimated return factor for water reaching the wastewater system. The estimated total wastewater volume for test year 2008 is 7,735,500 HCF. Infiltration is not included, but the return factor for single-family users has been reduced from 100% to 90% to account for incidental outside water usage during the winter period that does not return to the sewer. Estimated strengths and return factors used in this study are shown in Table 9. TABLE 9 Wastewater Characteristics Wastewater Strengths Customer Classification Return Factor % COD mglL TSS mg/L Single- Family Residential (1) Multi-Family Residential Mobile Homes Commercial - Low Commercial - Medium Commercial - High Special Users (1) Winter period usage. 90 79 84 90 90 90 Varies 560 560 560 560 1000 2000 varies 165 165 165 165 350 700 varies 6.4.3 Unit Costs of Service Table 10 shows the development of the test year unit costs for each of the wastewater parameters. The test year net O&M expense is allocated to volume, COD, TSS, and customer based on the O&M allocation percentage shown in Line 16 of Table 7. Capital costs are recovered through a separate fee and are therefore excluded from this analysis. The unit costs of service shown in Line 5 of Table 10 are developed by dividing Line 3 by Line 4. 6-6 14-46 an Section 6 Rate Design TABLE 10 Development of Unit Costs Test Year 2008 Strenqth Line Suspended No. IQm! Volume COD ~ Customer $ $ $ $ $ 1 Net Operating Expense 25,691,600 12.345,700 4,404,400 4,823,000 4,118,500 2 Capital Costs 1,050,800 1,050,800 0 0 0 3 Total Cost of Service 26,742,400 13,396,500 4,404,400 4,823,000 4,118,500 4 Total Units of Service 7,735,500 28,714,000 8,621,000 54,786 hef pounds pounds Eq. meters 5 Total Unit Costs of Service - $/unit 1.7318 0.1534 0.5594 75.1739 6.5 Customer Class Costs of Service The cost responsibility of each customer class is determined by applying the unit cost of service shown in Table 10 to the units of service estimated for a class (shown in Table 8). The cost of service allocated to each customer class is summarized in Table 11. Table 12 shows a comparison of the cost of service for each customer class with revenue under existing rates, indicating the impact of cost of service allocation on each class. A 5.0 percent annualized increase in the level of sewer revenue is needed to meet the projected revenue requirements for FY 07-08. The cost of service analysis ensures that the test year 2008 revenue requirement of $26,742,400 is met. The result of the cost of service analysis is very informative. Table 12 shows that most customers have been paying close to their fair share of cost of service. The table indicates that single-family, multi-family, commercial and special-user customers cost allocation does not match their cost allocation and needs to be revised. . 6-7 14-47 1:DM Section 6 Rate Design TABLE 11 Allocation of Costs of Service to Customer Classes Test Year 2008 StrenQth Line Suspended No. Total Volume = Solids ~ $ $ $ $ $ Unit Cost of Service 1.7318 0.1534 0.5594 75.1739 Residential Single-Family 2 Units 4,694,000 16,408,000 4,834,500 43,300 3 Cosl-$ 16,605,700 8,129,200 2,516,700 2,704,800 3,255,000 Multi.Family 4 Units 1,756,800 6,140,900 1,809,400 6,036 s Cost-$ 5,450,400 3,042,400 942,000 1,012,200 453,800 Non-residential Commercial. low 6 Units 699,900 2,446,600 720,900 3,465 7 Cost-$ 2,251,200 1,212,100 375,300 403,300 260,SOO Commercial - Medium s Units 138,800 866,400 303,200 461 9 Cost-$ 577,500 240,400 132,900 169,600 34,600 Commercial - High 10 Units 156,000 1,947,100 681,500 471 11 Cost-$ 985,500 270,200 29B,700 381,200 35,400 Special Users 12 Units 290,000 905,000 271,500 1,053 13 Cost. $ 872,100 502,200 138,800 151,900 79,200 14 Total Cost of Service - $ 26,742.400 13,396,500 4,404.400 4823,000 4,118,500 15 Total Units of Service 7,735,500 28,714.000 8,621.000 54,786 TABLE 12 Comparisons of Allocated Costs of Service with Revenue Under Existing Rates Test Year 2008 Revenue Indicated Total Under Revenue Line Cost of Existing Increase No. Customer Class Service Rates (Decrease) $ $ % Residential 1 Single-Family" 16,605,700 16,484,300 0,7% 2 Multi~Family 5,450,400 4,903,100 11.2% Non-Residential 3 Commercial - Low 2,261,200 2,034,000 10.7% 4 Commercial. Medium 577,500 504,100 14.6% 5 Commercial. High 985,600 834,300 18.1% 6 Special Users 872,100 709,200 23,0% 7 Total 26,742,400 25,469,000 5.0% * includes 250 low-income users 6-8 14-48 CIlIll Section 7 Rate Design In general, class cost of service allocations serve as a "guide" to the necessity for, and extent of, rate adjustments. Other considerations such as the change from previous rate levels, public reaction to rate changes, past local policies and practices, and local regulations may modify indicated cost of service adjustments. The end result of any rate adjustment process, however, should be rate schedules, which are simple to apply, clearly understood, and as equitable to each customer class as possible. 7.1 Proposed Sewer Rates The cost of service analysis provides the basis for adjusting sewer service charges. The cost of service allocation study provides the unit costs of service used in the rate design process and gives a basis for determining whether resultant rates will recover costs of service from customer classes and provide the total level of revenue required. Table 13 presents the Proposed Rate Schedule for FY 2008 compared to Adopted 2008 rates. The Proposed 2008 Rates for Single-Family Residential Customers shown at the right do not appear to vary much from the Adopted 2008 Rates but careful examination shows that both the fixed Sewer Service Fee and the variable charge is slightly higher. However, the fixed Sewer Facilities Replacement Fee has been eliminated based on a cost of service analysis performed by City staff and replaced with a variable fee. The results of these changes can be seen in typical bills shown in Table 17 discussed below. TABLE 13 Existing and Proposed Rate Schedule Sin le-Famil Residential Pro osed 2008 Fixed Variable Service Fee Fee 6.65 2.81 0.18 0.70 7.35 2.99 Sewer Service Fee Sewer Facilities Re laeement Fee Storm Drain Fee SFR - Sewer Rate Ado led 2008 Fixed Variable Service Fee Fee 6.33 2.53 1.97 0.70 9.00 2.53 Commercial - Low Stren th Ado led 2008 Fixed Variable Service Fee Fee Varies 2.53 0.11 0.06 Varies 2.70 Pro osed 2008 Fixed Variable Service Fee Fee Varies 2.81 0.18 0.06 Varies 3.05 Sewer Service Fee Sewer Facilities Re laeement Fee Storm Drain Fee Commercial LS- Sewer Rates Table 13 also provides an illustration of how Low-Strength Commercial Customer Fees vary from Single-Family Residential. The Sewer Service Fees vary by meter size and the Sewer Facilities Replacement and the Storm Drain Fees are both collected 7-1 14-49 azt Section 7 Rate Design from a variable fee. The net effect of this can be seen by comparing the bottom lines of the two customers, which shows the combined sewer rates. 7.2 Appeal Process The sewer variance review process ("appeal process") was amended in 2005 to provide a mechanism for single-family residences to ask for a re-evaluation of their sewer bill. This was done because some customers believed that their water usage was not accurately evaluated due to a leak, excessive landscaping, or pool maintenance, and that one or more of these elements affected their sewer service charges. The proposed rates incorporate a 90 percent return to sewer (return factor) for single- family dwellings. This return factor takes into account the 10 percent of water used during the winter period for purposes other than domestic use therefore reducing the need for the appeals process. However, those residents who experience a leak during the winter averaging period, and determine that their winter average may have been impacted by the leak will still have an opportunity to apply for an adjustment. 7.3 Rate Revenue Comparison Table 14 presents a summary of the revenue under the existing rates, cost of service and revenue under proposed rates for each customer class for test year 2008. The table shows that the proposed rate schedule will fairly recover the cost of providing sewer service from all of the customer class. Adoption of the proposed rates would cause varying charge increases for certain users. TABLE 14 Comparison of Customer Revenue Under Proposed Rates With Test Year Cost of Service Test Year 2008 Proposed Rates Estimated Test Year Revenue Revenue As a 2008 Under Under Pecent of Line Cost of Existing Proposed east of No. Customer Class Service Rates Rates Service $ $ $ % Residential 1 Single-Family 16.605.]00 16.484,300 16,643.600 100.2 2 Multi-Family 5,450.400 4,903.100 5.418,100 99.4 Non-Residential 3 Low 2,251,200 2.034.000 2.243.000 99.6 4 Medium 577.500 504.100 576.600 99.8 5 High 986.600 834.300 981,400 99.6 6 Special Users 872.100 709.200 878,700 100.8 7 Total 26.742.400 25.469.000 26.741.400 100.0 7-2 14-50 COM Section 7 Rate Design 7.4 Proposed Rates The calculated rates needed to meet the obligation of the sewer service revenue fund for FY 07-08 through FY 11-12 are shown in Table 15 below and illustrate the rate changes for all customer classes. The rates in Table 15 exclude the Storm Drain and Sewer Facilities Replacement Fees. Table 16 shows the proposed Rate Schedule for FY 07-08 through FY 11-12, which includes the Storm Drain and Sewer Facilities Replacement Fees. These are the rates recommended for adoption. TABLE 15 Proposed Rale Schedule for Fiscal Years 2008 Through 2012 = = ZQ1Q = = Meter Monthly Service Charqe (1) ~ $/month $/month $/month $/month $Imonth Single-Family Residential 6.65 7.30 8.03 8.31 8.31 All Others (Meter Size in Inches) 518 6.65 7.30 8.03 8.31 8.31 314 6.65 7.30 8.03 8.31 8.31 1 11.08 12.17 13.38 13.85 13.85 11/2 22.16 24.35 28.76 27.70 27.70 2 35.45 38.96 42.81 44.31 44.31 3 66.47 73.05 80.28 83.09 83.09 4 110.78 121.74 133.79 138.48 138.48 6 221.55 243.48 267.59 276.95 276.95 8 354.48 389.57 428.14 443.13 443.13 Volume Charge (1) $Ihcf $lhcf $/hcf $/hcf $Ihcf Residential Single Family 2.81 3.09 3.39 3.51 3.64 Multi.Family 2.81 3.09 3.39 3.51 3.64 Mobile Homes 2.81 3.09 3.39 3.51 3.64 Non-Residential Commercial - Low 2.81 3.09 3.39 3.51 3.64 Commercial - Medium 3.89 4.28 4.70 4.86 5.03 Commercial - High 6.05 6.65 7.31 7.56 7.83 Special Users Yaries Varies Varies Varies Yaries Total Revenue 26,105,700 29,691,400 32.964,900 34,467.300 36.040,100 (1) Does not includes the Sewer Facilities Replacement Fee and Stann Drain Fee 7-3 14-51 un Section 7 Rate Design TABLE 16 Proposed Rate Schedule for Fiscal Years 2008 Through 2012 2008 2009 2010 2011 2012 Meter Monthly Service Char~e (1) ~ $/month $/month $Imonth $/month $/month Single-Family Residential 7.35 8.00 8.73 9.01 9.01 All Others 5/8 6.65 7.30 8.03 8.31 8.31 3/4 6.65 7.30 8.03 8.31 6.31 1 11.08 12.17 13.38 13.85 13.85 11/2 22.16 24.35 26.76 27.70 27.70 2 35.45 38.96 42.81 44.31 44.31 3 66.47 73.05 80.28 83.09 83.09 4 110.78 121.74 133.79 138.48 138.48 6 221.55 243.48 267.59 276.95 276.95 6 354.48 389.57 428.14 443.13 443.13 Volume Charne (1) $/hcf $Ihcf $/hef $/hcf $/hcf Residential Single-family 2.99 3.27 3.57 3.69 3.82 Multi-family 3.05 3.33 3.63 3.75 3.88 Mobile Homes 3.05 3.33 3.63 3.75 3.88 Non-Residential Commercial - low 3.05 3.33 3.63 3.75 3.86 Commercial - Medium 4.13 4.52 4.94 5.10 5.27 Commercial - High 6.29 6.69 7.55 7.80 8.07 Special Users 2.98 3.33 3.63 3.75 3.88 (1) Indudes the Sewer Facilites Replacement Fee and Storm Drain Fee Table 17 shows that the sample monthly bills for single-family residential customers for FY 07-08 through FY 11-12. The proposed charges include the $0.70 per month Storm Drain Charge and the $0.18 per HCF Facilities Replacement Charge. Column 1 is the winter period water usage. The typical customer uses about 10 HCF. However due to the reduced return factor the typical customer will only be billed for 9 HCF effective January 1, 2008. Column 2 of Table 17 shows the monthly sewer bill for single-family residential customers with usage ranging from zero to 20 HCF under existing rates. With the current cap set at 20 HCF, usage above 20 HCF is charged for only 20 HCF. Column 3 shows what the wastewater bill is effective July 1, 2008 under the rates already adopted. The fourth column indicates sewer bills based on Proposed 2008 Rates to be effective January 1, 2008. The remaining columns show single-family residential typical bills for FY 2009 to FY 2012. 7-4 14-52 a:n Section 7 Rate Design TABLE 17 Comparison of Typical Single-Family Residential Monthly Sewer Bills (1) (2) (3) (4) (5) (6) (7) FY 2008 FY 2008 FY 2009 FY 2010 FY2011 FY 2012 Adopted Proposed Proposed Proposed Proposed Proposed ~ ~ ~ ~ Charae ~ Charoe hcf/mo. $ $ $ $ $ $ 0 9.00 7.35 8.00 8.73 9.01 9.01 1 11.53 10.04 10.95 11.94 12.33 12.44 2 14.06 12.73 13.89 15.16 15.66 15.88 3 18.59 15.42 16.83 18.38 18.98 19.31 4 19.12 18.11 19.77 21.59 22.30 22.75 5 21.65 20.80 22.71 24.81 25.63 26.18 6 24.18 23.49 25.65 28.03 28.95 29.61 7 26.71 26.18 28.59 31.24 32.27 33.05 8 29.24 28.87 31.54 34.46 35.60 36.48 9 31.77 31.57 34.48 37.68 38.92 39.92 10 34.30 34.26 37.42 40.89 42.24 43.35 I 11 36.83 36.95 40.36 44.11 45.57 46.78 12 39.36 39.64 43.30 47.33 48.89 50.22 13 41.89 42.33 46.24 50.54 52.21 53.65 14 44.42 45.02 49.18 53.76 55.54 57.09 15 46.95 47.71 52.13 56.98 58.86 60.52 16 49.48 50.40 55.07 60.19 62.18 63.96 17 52.01 53.09 58.Q1 63.41 65.51 67.39 18 54.54 55.78 60.95 66.63 68.83 70.82 19 57.07 58.48 63.89 69.84 72.15 74.26 20 59.60 61.17 66.83 73.06 75.48 n.69 7.5 Rate Comparisons CDM performed a survey of wastewater charges in cities in San Diego County and the results are presented in Figure 3 below. The figure clearly shows rates in Chula Vista are on the low end in the County. 70.00 60,00 SO.OO 40.00 . a 0 Q 30.00 20.00 10.00 0.00 /#///~/~~/~/J///? (jff'~ v.f"<q,J,.$- ~ l <<.,~ ~'b .,,(,0 V'.Jf''b ~~ rl'l..<I;- A A (:l .g-'b v'<:' 0 $' <<:i ~~ ve~ it# '$''<$'' ~..:., '<"~..:., ~ ~ .J..~ .J..~ eft # .# # ~ f?<:f' <:r.~ Q1f CItyJDlstrlet Figure 3 - Monthly Sewer Bill Comparison 7-5 14-53 ~ - = ~ e .: ~ = - - -< => ... => N >- r;.; , 00 => => N >- r;.; .. :; 'Cl .. .c '" r:I). .. .... ~ "0 .. ., o Cl. o ... ~ => ... => N >- r;.; '-C => => N >- r;.; .. :; "0 .. .c '" rn .. .... ~ "0 ~ Cl. o "0 .0( :; .., '" G: .c EP ~ 0 . t:~~ .=.., U _ '" .., .., '" >- '" ~ y -;: -,sO ~ 00 ., 0 . 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't.E~~~ ~ E E.~ =r.n ::EoogE", zUu8 Attachment C ACCOUNT & FLOW DISTRIBUTION BY USER CLASS User Class # of Accts % Flow (HCF) % A Single-Family Residential Users 43,300 91.07% 4,694,000 60.7% B Multi-Family Residential User 2,252 4.74% 1,756,800 22.7% C Low-Strength Commercial Users 1,435 3.02% 699,900 9.0% D Medium-Strength Commercial Users 201 0.42% 138,800 1.8% E High-Strength Commercial Users 196 0.41% 156,000 2.0% F Special Users 161 0.34% 290,000 3.7% Total 47,545 100.0% 7,735,500 100.0% ACCOUNTS % . B 4.74% D C 3.02% D D 0.42% . E 0.41% 14-55 FLOW % . B 22.7% o C 9.0% o 0 . E1.8% 2.0% . F 3.7% Attachment D Existing Cost Allocation Multi-Family 19% Commercial Low 8% Commercial Med 2% Commercial High 3% Special Users 3% Single-Famiiy 65% .Single-Family o Commercial Med . Multi-Family . Commercial High o Commercial Low . Special Users Proposed Cost Allocation Mult~Family 20% CofTl'1"ercial Low 8% Comnercial Med 2% Comnercial High 4% Single-Family 63% . Single-Family o Comnercial Med . Mult~Family . Comnercial High o Conmercial Low . Special Users 14-56 Attachment E RE-EV ALUATION OF THE SEWER FACILITIES REPLACEMENT FEE 43,800 43,300 43,798 44 302 4,748,]62 4,693,959 4,747,945 4,802,582 6]% 6]% 6]% 6]% $850,6]6 $849,544 $850,60] $85] ,682 $0.18 $0.18 $0.18 $0.18 14-57 Attachment F Rate change impact on various levels of Single-Family Residential Users Single-Family Residential Users Winter Adopted Proposed Difference Adopted Proposed Difference Adopted Proposed Difference Average FY 2008 FY 2009 FY 2010 0 $ 9.00 $ 7.35 1$1.65\ $ 9.25 $ 8.00 ($1.25) $ 9.75 $ 8.73 {$1.02\ 1 $ 11.53 $ 10.04 {$1.49\ $ 11.87 $ 10.95 $0.92 $ 12.45 $ 11.94 ($0.51) 2 $ 14.06 $ 12.73 {$1.33\ $ 14.49 $ 13.89 $0.60 $ 15.15 $ 15.16 $0.01 3 $ 16.59 $ 15.42 ($1.17) $ 17.11 $ 16.83 $0.28 $ 17.85 $ 18.38 $0.53 4 $ 19.12 $ 18.11 1$1.01\ $ 19.73 $ 19.77 $0.04 $ 20.55 $ 21.59 $1.04 5 $ 21.65 $ 20.80 1$0.85\ $ 22.35 $ 22.71 $0.36 $ 23.25 $ 24.81 $1.56 6 $ 24.18 $ 23.49 1$0.69\ $ 24.97 $ 25.65 $0.68 $ 25.95 $ 28.03 $2.08 7 $ 26.71 $ 26.18 {$0.53\ $ 27.59 $ 28.59 $1.00 $ 28.65 $ 31.24 $2.59 8 $ 29.24 $ 28.87 ($O.37) $ 30.21 $ 31.54 $1.33 $ 31.35 $ 34.46 $3.11 9 $ 31.77 $ 31.57 ($0.20\ $ 32.83 $ 34.48 $1.65 $ 34.05 $ 37.68 $3.63 10 $ 34.30 $34.26 ($0.04\ $ 35.45 $ 37.42 $1.97 $ 36.75 $ 40.89 $4.14 11 $ 36.83 $ 36.95 $0.12 $ 38.07 $ 40.36 $2.29 $ 39.45 $ 44.11 $4.66 12 $ 39.36 $ 39.64 $0.28 $ 40.69 $ 43.30 $2.61 $ 42.15 $ 47.33 $5.18 13 $ 41.89 $ 42.33 $0.44 $ 43.31 $ 46.24 $2.93 $ 44.85 $ 50.54 $5.69 14 $ 44.42 $ 45.02 $0.60 $ 45.93 $ 49.18 $3.25 $ 47.55 $ 53.76 $6.21 15 $ 46.95 $ 47.71 $0.76 $ 48.55 $ 52.13 $3.58 $ 50.25 $ 56.98 $6.73 16 $ 49.48 $ 50.40 $0.92 $ 51.17 $ 55.07 $3.90 $ 52.95 $ 60.19 $7.24 17 $ 52.01 $ 53.09 $1.08 $ 53.79 $ 58.01 $4.22 $ 55.65 $ 63.41 $7.76 18 $ 54.54 $ 55.78 $1.24 $ 56.41 $ 60.95 $4.54 $ 58.35 $ 66.63 $8.28 19 $ 57.07 $ 58.48 $1.41 $ 59.03 $ 63.89 $4.86 $ 61.05 $ 69.84 $8.79 20 $ 59.60 $ 61.17 $1.57 $ 61.65 $ 66.83 $5.18 $ 63.75 $ 73.06 $9.31 Rate change impact on various levels of Commercial Users Low-Strength Commercial- Average customer uses 45 hcfj month with a 1 inch meter $ 115.69 $17.57 $ 123.82 Difference Adopted Difference Adopted $9.20 Difference Adopted $ 119.75 $26.86 Medium- Strength Commercial- Average customer uses 63 hcfj month with a 1 inch meter Difference Adopted $26.78 Difference Adopted $ 204.87 $44.46 Difference Adopted $ 210.39 $ 215.76 $64.12 High-Strength Commercial- Average customer uses 73 hef/ month with a 1 inch meter Adopted Difference Adopted $58.96 $ 357.25 Difference Adopted $ 349.60 $91.82 Difference $ 364.65 $129.00 J:\Engineer\SEWER\2007\SEWER RATE STUDY CDM 200f'4l!.."5!,nt F.doc NOTICE OF PUBLIC HEARING SEWER RATE INCREASE February 5, 2008 · 4 pm Council Chambers 276 Fourth Avenue, Chula Vista 14-59 ~Vt- =:i1:~ ~ ~~~~ ""'"~~~ CITY OF CHULA VISTA COST ALLOCATION Replacement and Storm Drain: 6% Operation and Maintenance: 34% PROPOSED CHANGES The proposed rate adjustment only impacts the Sewer Service Fee and the Sewer Facility Replacement Fee, and are as follows: I. Return Factor - Currently single-family residential customers are assigned a commodity charge each fiscal year based on 100% of the average of their two lowest consecutive winter month water use. If adopted, it will be based on 90% of the winter average. 2. Sewer Facilities Replacement Fee - The Sewer Facilities Replacement Fee for single-family residential customers is currently billed at a fiat rate of $1.97/month and $.Oll/hcf for all other users. If the proposed rate schedule is adopted all users including single-family, multi-family and commercial will henceforth be billed at $0.18/hcf. HOW IS MY SEWER BILL CALCULATED? Sample Calculation of Monthly Bill for an "Average" Single-Family Residential User. All single-family residential users are billed for service based on their water usage during the winter period (November to April) Nov/Dec Jan/Feb Mar/April 20hcf 24hcf 26hcf Lowest Winter Use = 20 hcf Winter Average = 20/2 = I Ohcf (Basis of Monthly Fee) Sewer Service Charge = (Winter Average x Sewer Rate) + Fixed Service Charge (Current Rate = $2.53; Fixed Service Charge = $9:00) Therefore, for this customer. Monthly Sewer Service Charge is calculated as follows: =( I 00% x lOx $2.53) + $9.00 = $34.30 If the proposed rate changes are adopted, it will include a 90% Return Factor. therefore, for the same customer. using the new sewer rate, and new fixed service charge, their Monthly Sewer Service Charge: =(90% x lOx $2.99) + $7.3S = $34.26 Proiosed 3 Year Rate Schedule Monthly Fixed Service Charge $lMonth $IMonth $IMonth Single Fami]y $7.35 $8.00 $8.73 2008 2009 20 I 0 All Others (meter size in inches) 5/8 $6.65 3/4 $6.65 I $11.08 I 1/2 $22.16 2 . $35.45 3 $66.47 4 $110.78 6 $221.55 8 $354.48 $7.30 $7.30 $12.17 $24.35 $38.96 $73.05 $121.74 $243.48 $389.57 $8.03 $8.03 $]3.38 $26.76 $42.8] $80.28 $133.79 $267.59 $428.14 Residential Single-Family $2.99 Mu~i-Family 3.05 Mobile Homes 3.05 Non-Residential Commercial - Low 3.05 Commercial - Med 4.13 Commercial - High 6.29 Volume Chol)!elHCF 3.27 3.57 3.33 3.63 3.33 3.63 3.33 3.63 4.52 4.94 6.89 7.55 HOW DO I OPPOSE THE RATE INCREASE? If you oppose the proposed rate increase, your protest must be submitted in writing to be considered, even if you plan to attend the public hearing (see below). If written protests are submitted by a majority of the affected property owners, the proposed rate changes cannot be imposed.Your written protest MUST be received prior to the close of public hearing. Written protests must contain a description of the property, such as the parcel number. Please also indicate the reason you are protesting the rate increase. Please send your written protest to: City Clerk of the City of Chula Vista 276 Fourth Avenue Chula Vista, CA 9 19 I 0 FOR MORE INFORMATION Visit www.chulavistaca.gov for more infomration about the city of Chula Vista and your sewer service. Please note, however. that the City of Chula Vista requires that rate increase protests be submitted in writing. E-mail protests will not be accepted. Who should I call with questions? If you have questions about the proposed rates, please call city of Chula Vista, Engineering Department - Wastewater Engineering Section at (619) 476-5380. 14-60 NOTICE OF PUBLIC HEARING The City of Chula Vista will hold a Public Hearing to consider the proposed Sewer Rate Increase on February 5,2008 at 4 pm in the Council Chambers located at 276 Fourth Avenue Chula Vista, California. In compliance with Proposition 218, the City is hereby notifying all affected property owners of the proposed Sewer Rate change effective February 5, 2008 as follows: . Affected property owners are notified by mail about the proposed rate increase. This notice outlines the public hearing process (see below), publicizes the public hearing and provides information relating to the proposed rate increase. . If written protests are presented by a majority of the affected property owners prior to the close of the public hearing, the proposed rate increase will be rejected. This notice describes: . Amount of proposed sewer rate increases . Reasons for the proposed rate increase . How the proposed rates were calculated . How to file a protest for the proposed rates . Where you can find more information about the proposed increase EXPLANATION OF RATE INCREASE The City of Chula Vista along with 14 other participating agencies belongs to the Metropolitan Wastewater District (Metro).The wastewater generated in the city of Chula Vista is collected and conveyed through the city's extensive sewer collection system to treatment facilities in Point Loma and South bay. Chula Vista's local collection system includes 13 pump stations and over 477 miles of sewer lines. The primary reasons for the proposed rate increase is to provide revenue sufficient to: . Operate and maintain the city's Wastewater Collection system. . Pay the City of San Diego for the treatment of sewage generated by the City of Chula Vista. . Repair and replace deteriorating wastewater facilities to maintain system reliability. All revenue from the City's sewer charges are used exclusively for the recovery of costs associated with providing these services. Consequently. the rates are set to meet the estimated cost of service. If adopted, the proposed rate changes will be implemented over the next three years. The proposed rates are presented in the table on the next page.The amount of your sewer bill will depend on your customer class (i.e., residential customer or commercial customer) and the amount of water you use. 14-61 EXPLANATION OF RATES The City of Chula Vista's sewer service charge is made up of three different fees: the Sewer Facilities Replacement Fee, the Storm Drain Fee and the Sewer Service Fee. Revenue derived from these fees are used as follows: Sewer Facility Replacement Fee: Revenue derived from this fee is used to rehabilitate or replace deteriorating sewer facilities (i.e., sewer lines, manholes, pump stations and related appurtenant structures). Storm Drain Fee: This fund is used to maintain the storm drain system. It is also used to fund costs associated with complying with the requirements of the National Pollutant Discharge Elimination System (NPDES). Sewer Service Fee: Revenue derived from this fee is used to pay the City of San Diego (Metro) forwastewatertreatment.This fee also pays for the maintenance and operation of the city's wastewater collection system. The sewer service fee is made up of two components: a fixed service charge based on water meter size and a variable commodity charge based on water consumed. Fixed Service Charges All users connected to the city's wastewater collection system pay a monthly fixed sewer service charge based upon their meter size. Commodity Charge - Single-Family Residential Users All single-family residential customers currently connected to the city's sewer collection system pay a monthly commodity charge based on "winter water" usage: New customers are assigned the median charge of 10 hcf and are charged that rate until they establish their own winter water use (i.e., two full cycles during the winter months of Nov-April). Commodity Charge - Multi-(ami/y Residential and Commercial Users All multi-family residential and commercial customers currently connected to the city's sewer collection system pay a monthly commodity charge based on water usage. Sewer rates are designed to exclusively recover the cost of service.The Chart on the next page shows the cost allocation, which is the underlying basis of the rates. \;/8 '05e!0 ueS n I!WJed OIVd e5elsod 'son PIS IJSJd 0[616 VJ 'E15'^ E[nYJ ',nu,^v Y1JnOj 9LZ \fJSIA \f1nH:> 'f"D I'D 'y,)O 'J~O JO AlD O'fJ.. -no~~~ .,w..- U lAY VVAI t:K UI::iI til("', 2554 Sweetwater Springs Blvd. Spring Valley. CA 91 97&2004 Billing Inquiries: (6191 87D-Z777 All Other Inquiries: 18191 67D-Z222 Monday - Friday 8 afT! to 5 pm Please visit U$ at www.ot.aywilter.gov It! dAUTO.'5-PIGIT 9191319 PS5 41576RA26-A-3 46331 AV 0,312 11.1.""111,1","11..11..,1,11"1.1,,1,,,11...1,11,,,11,"11 - - -- special message ---: - T'he SEVfER CHARGE ahGWl1 i$ for the CITY Of' CHULA. VISTA. '" Plea5e cDntac:t tho CITY OF CHULA VISTA 111: 619-47&-5380. for any SewER relatecl Q".stivnlio Pleaso COntact OTAY WATER DISTRICT M 61.870-2777 for wator related quostione. (LandseallO& in the taU an" winter require Slgnifil:ilfttly less watOt. Water uso: botween Novembot' Z007 and April aoua is llsed to determine YOuI' Sewer ServIco Chi:lllltl beginning 'n "Illy. Cutting bal:k on watertng will help ,"ou s,aVo on JI'Our water bill .ad noxt yoa.... sewer chargos. TakG the 2Q..GaIl.., Challon!!'Je and help tI\O rvsion &tretclllb watGt suppllos durins these historically drJ' condlfIG..... Fljlr tipli on liawlng ../ water arapnd ~ollr hDme, vlslC WW'W.otaywater.gov ami c:liI:k on c:on&ervallon. V-lSit the Water Consal"latian Ganlen at Cuyamaca COllege at www..thoSIo1l'den.o.... .,/ 1'h.attJc YViIl for ~r prompt payment. your monthly usage 5 4 3 2 1 o ~ Current 1lIr"- Usage ~ W~9~m;or'r-M...... account In ormation "':'> ACCOUNT NUMBER: SERVICE ADDRESS: lAST PAYMENT DATE: ~ l ,~" AMOUNT: $0.00 ~., SERVICE FROM: DUE DATE: 11/27/07 TO: 12118/07 "- 01/19/0B -') meter reading :I I Meier Number PI'aviOU5 Reeding 1628 Current Reading 1628 Consumption 18975047 o current charges DESCRIPTION - -' -Ctii.lla VistaSewer CliarQ"e ...-- SD CWA Infrastructure Access Water System Fee TOTAL CURRENT CHARGES AMOUNT .. - -.-- $26.02 $2.69 $8.57 $37.28 . . amount due ' Previous Balance Payments Credits Applied Total Current Charges TOTAL AMOUNT DUE $0.00 $0.00 $0.00 $37.28 $37.28 o J F M A M J J A SON 0 ThiS Yi:at tI Cla)'S: 0 Ufliagt:: 0 Avg, Per Day: 0.00 1 UNrr = 100CUaICFTIHCFI OF WATER I HCF=748 GALLONS ._____... KEEP THIS PQRJ19!'!..'.:~~~~~~~~~ ......._... ....___._ ____~.................... ~______""__-=-.-=-~."'.;'.. _ _ _ _ _ _ _ _'_ _ ~. PAYMENT COUPON PLEASE RETURN THIS PORTION ALONG WITH YOUR PAYMENT PLEASE MAKE YOUR CHECK PAYABL.E TO: OTAYWATER DISTRICT o PLEASE CHECK BOX FOR CHANGES (SEE BACK) ACCOUNT NUMBER: SERVICE ADDRESS: SERVICE FROM: DUE DATE: 11127/07 01/19/08 TO: 1211B/07 DUE AND PAYABLE UPON PRESENTATION amount due TOTAL AMOUNT DUE BY DUE DATE $37.28 IIIIII~ IIII~ 1I11~1 ill mil 1111111111 ""I~1 11111 III mllllli 11111 111111111111111 11111111 OTAYWATER DISTRICT P.O. BOX 51375 LOS ANGELES, CA 90061.6675 11,1"11...11,",1,1....11,]'1.,11..1,"1,1,1,1,,,1.1.1.11.,,1 209190217000037280 14-63 -6AMflr: ~'1+- (&j.... m~"~Y) SWIeT~ C:U~ ~fiANCr DI?r. 6t ~\.IID ..., TttI Ct TY~ AMOUNT DUE: $ 35.71 ? .). --... i'~' Please ... pa'l8'l Please Pay.Amount Due By 01130/2008 January SMTWTFS 1 2 3 4 5 6 7. . 8 9 10 13 14 15 16 17 -". "III 20 21 27 28 22 23 24 29 . 31 11 12 - 18 19 25 26 :r If you have any questions, please call Monday-Friday from 8:00 to 5:00. (619) 691-5117 ~ Special Message IMPORTANT NOTICE TO RESIDENTIAL CUSTOMERS! The 'Winter Average Period' (November 2007 to April 2008) has started. Your water usage during this period will be used to determine your Sewer Service Charge for the next fiscal year beginning on or after July 2008. Efforts to conserve water by adjusting your sprinkler systems accordingly during the winter months should be beneficial to your overall blliing rate for next year. Please visit our website at www.chulavistaca.gov/sewer.htmlfor more information on how your blli is calculated. Reference Number: Service Address: Service Period: Water Use*: Due Date: 11/03/2007 to 12128/200/&1- ""...T....y) 9 01/30/2008 Previous Balance: $ Payment Received: .... Sewer Charge: Balance Due: 35.71 35.71- 35.71 35.71 "'100 Cubic Feet(748 Gallons) Per unit ? Hearing impaired residents can call the City's TOO at (619) 585-5647. PLEASE WRITE YOUR REFERENCE NUMBER ON YOUR CHECK. There is a $25.00 charge for returned checks. A 1 0% PENALTY WILL BE APPLIED TO PAYMENTS RECEIVED AFTER THE INDICATED DUE DATE. Additional finance charges of 11/2% per month wlli be calculated on balances over 30 days delinquent. Payments accepted any time at the drop box on the north east comer of the City Hall Building, or at the Finance Department from 8:00 AM to 5:00 PM, Monday through Friday. If paying in person, please bring this entire blli with you. lIame a la ciudad de Chula Vista al telefono (619) 585-5659 si desea obtener informacion en Espanol sabre 105 cambios a la forma de cobrar del selvicio de aguas negras. Residentes con problemas auditivos pueden lIamar al telefono especial de la ciudad al (619) 585-5647. Information Informacion ? PAYMENT COUPON PLEASE MAKE YOUR CHECK OR MONEY ORDER PAYABLE TO: CITY OF CHULA VISTA Reference Number: Service Period: Due Date: Amount Due: 11/03/2007 to 12128/2007 01/30/2008 $35.71 O PLEASE CHECK BOX IF ADDRESS IS INCORRECT AND INDICATE CHANGE(S) ON REVERSE SIDE. Amount Paid: I Service Address Billinq Address CITY OF CHULA VISTA SEWER BilLING DIVISION PO Box 120755 Chula Vista, CA 91912-385;; 11,1.",.111,1.",,11,.1.1..11,1,,1.,1,1..1,1..1,1..1.1.1,..11 14-64 on ....~ ~.. &0 ~ ....0 = ~ 1?{:) = "'0 e <>'....0 U ~v e 0~ ~ 0& Q,l ~~ .... ~ <>' o~ = & ,'(;> = .:-~ rJl <5>....0 = ~~ 1?{:) .... ~ ~> Q,l ....0 ..... ~v = ~\S} ~ ,.-, ''1 '"' ~ ~-? Q,l ~ Q,l .... ~ ~ II-,,~ ....0 :;;J = 1?{:) Q,l ., - ~ i?/~ = -< ,v& U .... ~ IX ';: /,,~ ~ ..... = ~ ., ....0 'lI$ = Q,l = ,'(;> ~ is Q,l -e .... ......$ 'V - a .... ..... ~~ l:' ~ = /" '1t-r; (3 .:= Q,l Q. ,~ ~o ~ ~ .... "'" = ~ '0" ..... ~-..c o?, ..... =-= ;. 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M N ~ '~ '5iJ c SJellOa '" ~ 14-65 RESOLUTION NO. 2008- NA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INCREASE IN SEWER SERVICE RATES FOR FISCAL YEARS 2007-08 THROUGH 2009-10 WHEREAS, the sewer service charge is the fee paid by all users who are connected to the City's wastewater collection system to fund the cost of wastewater treatment and maintenance ofthe system; and WHEREAS, on July 19, 2005, the City Council approved a five-year rate plan, which set the schedule for the adjustment of sewer service fees for Fiscal Year 2005-06 through Fiscal Year 2009-10 based on the findings and recommendations of the "Cost of Service and Rate Study for Sewer Services" prepared by Camp Dresser & McKee, Inc. ("CDM"); and WHEREAS, the adopted rate plan has not met the revenue objectives due to a combination of factors, including, but not limited to, the overestimation of the baseline customer data used in the 2005 Rate Study and the unanticipated shortfalls in the growth projections for new accounts; and WHEREAS in April 2007, the City retained CDM to prepare another study to re-evaluate the performance of the adopted rate plan, re-evaluate the cost allocation among the various user classes to ensure that it was proportional to use and equitable, re-evaluate the sewer-billing method for single-family residential users, and develop a financial plan; and WHEREAS, CDM has completed the "Cost of Service and Rate Study for Sewer Services" dated October 2007 and has determined that the existing rates were inadequate and would not generate the revenues needed to meet the obligations of the fund for wastewater treatment, system operation and maintenance, and that rates needed to be adjusted and in some cases increased; and WHEREAS, at the current sewer rate level, necessary expenditures will exceed Fiscal Year 2008 revenues by $3.3 million; and WHEREAS, the adoption of the proposed sewer rate structure, set forth in the attached Exhibit A, will ensure that the City recovers sufficient revenues to meet projected expenditures for the maintenance and operation of the City's sewer collection and treatment system for Fiscal Year 2008 through 2010; and WHEREAS, on December 18, 2007, City Council approved Resolution No. 2007-302 declaring its intention to increase sewer service charges and set a Public Hearing for February 5, 2008 to consider the issue; and H\ENGINEERIRESOSIResos2008\02-05-08\Reso-Sewer-Service-lncrease-Public-He~riT ,~r=tl:rdOC Resolution 2008- Page 2 of3 WHEREAS, the City Council finds that the City has complied with the requirements of California Constitution Article 13D, Section 6; and WHEREAS, the City Council finds that the City provided written notice by mail of the proposed increase in sewer service charges to the record owners of each identified parcel upon which the increased charge is proposed for imposition and that the notice included the amount of the charge increase, the basis upon which the amount of the proposed charge increase was calculated, the reason for the proposed charge increase, together with the date, time, and location of the public hearing on the proposed charge increase; and WHEREAS, the City Council held a public hearing on February 5, 2008 to consider the proposed increase in sewer service charges; and WHEREAS, the City Council considered all protests, both oral and written, to the proposed increase in sewer service charges; and WHEREAS, the City Council finds that the revenues derived from the increased sewer service charges will not exceed the funds required to provide the property related service; and WHEREAS, the City Council finds that the revenues derived from the increased sewer service charges shall not be used for any purpose other than that for which the charge was imposed; and WHEREAS, the City Council finds the amount of the sewer service charges imposed upon any parcel as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel; and WHEREAS, the City Council finds that the sewer service charges imposed are for a service actually used by, or immediately available to, the owner of the property; and WHEREAS, the City Council finds that written protests against the proposed increased sewer service charges have not been presented by a majority of owners of the identified parcels. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it approves an increase in sewer service rates as depicted in the attached Exhibit A for fiscal years 2007-08 through 2009-10. Presented by: Approved as to form by: Jack Griffin Director of Engineering and General Services '-~-(~~ II ~~ ~ Ann Moore (;I- City Attorney H.\ENGINEER\RESOS\Resos2008\02-0S.08\Reso.Sewer-Service-1nCl'case-PubliC-HC;lrif ,~r~1f~e_dOC EXHIBIT A Proposed Rate Schedule FY 2008-FY 2010 Meter Size FY 2008 FY 2009 FY 2010 Monthlv Fixed Service Charee $/Month $/Month $/Month Sinde Familv $7.35 I $8.00 $8.73 All Others 5/8 $6.65 $7.30 $8.03 3/4 $6.65 $7.30 $8.03 I $11.08 $12.17 $13.38 I 1/2 $22.16 $24.35 $26.76 2 $35.45 $38.96 $42.81 3 $66.47 $73.05 $80.28 4 $110.78 $121.74 $133.79 6 $221.55 $243.48 $267.59 8 $354.48 $389.57 $428.14 Volume ChareelHCF Residential Single Familv $2.99 $3.27 $3.57 Multi Familv $3.05 $3.33 $3.63 Mobile Homes $3.05 $3.33 $3.63 Non-Residential Commercial-Low $3.05 $3.33 $3.63 Commercial - Med $4.13 $4.52 $4.94 Commercial - High $6.29 $6.89 $7.55 Soecial Users Varies Varies Varies *HCF - Hundred Cubic Feet Rates Include Storm Drain Fee and Sewer Facilities Replacement Fee H:\ENGINEER\RESOS\Resos2008\02-0S-08\Reso-Sewer-Service-rncrease-PlIblic-Hearif 4r=ti'1:r.doc RESOLUTION NO. 2008- NB RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE AMOUNT TO BE DEPOSITED INTO THE SEWERAGE FACILITIES REPLACEMENT FUND WHEREAS, on June 16, 1987, the City Council created a sewerage facilities replacement fund to pay the cost of refurbishment and/or replacement of structurally deficient sewerage facilities, including related evaluation, engineering, and utility modification costs; and WHEREAS, pursuant to Municipal Code section 3.18.010, the monies deposited into the Fund shall be derived from the revenue collected from the monthly sewer service charge set for forth in Municipal Code section 13.14.110; and WHEREAS, pursuant to section 3.18.010, the City Council shall set by resolution or ordinance the amount to be deposited into the sewerage facilities replacement fund; and WHEREAS, on July 19, 2005, Council approved Ordinance No. 3015 which set forth, in an uncodified section of the ordinance, a table showing how the sewerage facilities replacement fund would be funded for Fiscal Years 2005-06 through 2009-10; and WHEREAS, since then City staff has re-evaluated the sewerage facilities replacement fund requirements and determined that the funding for the sewerage facilities replacement fund needed to be adjusted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that the Sewage Facilities Replacement Fund shall be funded according to the following table. SEWERAGE USERCLASS Single-Family - A Variable Rate per RCF' Multi-Family - A Variable Rate per RCF' Commercial- A Variable Rate per RCF' ("HCF" means 100 cubic feet of water) $0.18 $0.18 $0.18 Presented by: Approved as to form by: Jack Griffin Director of Engineering and General Services H:\ENGINEER\RESOS\Resos2008\02-05~08\Sewerage Facility Replacement Fund ~adjustment revised by ec.doc ,.~/ {2L~ f'- Ann Moore City Attorney 14-69 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT 2/05/08, Item 15 PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE ESTABLISHING A WESTERN TRANSPORTATION DEVELOPMENT IMP ACT FEE. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE WTDIF REPORT (REPORT) PREPARED BY STAFF RECOMMENDING A WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE (WTDIF) TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A WESTERN TRANSPORTATION DEVELOPMENT IMP ACT FEE PROGRAM DIRECTOR OF ENGINEERING AND GENERAL SERVICES~ CITY MANAGER c::;,. -r +.,. r O.e Go ASSISTANT CITY MANAGER ~ 4/5THS VOTE: YES 0 NO ~ It is recommended that this item be continued to February 19, 2008. 15 CITY COUNCIL AGENDA STATEMENT .s}l!f:.. CITY OF ~- CHUIA VISTA Item No.: lie Meeting Date: 2/5/08 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN AND VILLAGE CORE MASTER PRECISE PLAN - BROOKFIELD SHEA OTA Y PROJECT L.P. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR THE OTA Y RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN - BROOKFIELD SHEA OTAY PROJECT L.P., CHULA VISTA TRACT 07-02. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARCEL MAP ADJUSTING THE LOT LINES OF LOT 10 AND LOT "B" OF CHULA VISTA TRACT NO. 01-11, OTA Y RANCH VILLAGE 11 "A" MAP NO.2, MAP NO. 14780: WHICH ACCEPTS THE EASEMENT FOR PEDESTRIAN ACCESS GRANTED ON SAID PARCEL MAP, AND VACATES EASEMENTS FOR PEDESTRIAN ACCESS GRANTED PER DOCUMENT RECORDED DECEMBER 28, 2005, AS DOCUMENT NO. 2005-1108997 AND GRANTED PER MAP NO. 14780, RECORDED APRIL 30, 2004, BOTH OF OFFICIAL RECORDS SUBMITTED BY: JAMES D. SANDOVAL, DIRECTOR OF PLANNING AND BUILDING REVIEWED BY: DAVID M. GARCIA, CITY MANAGER SCOTT TULLOCH, ASSISTANT CITY ANAGER 4/5THS VOTE: YES 16-1 Date, Item No.: l/P Meeting Date: 2/5/08 Page 2 of 8 INTRODUCTION Brookfield, Shea Otay, LP (Brookfield Homes and Shea Homes) has made an application to amend the Village Eleven Sectional Planning Area (SPA) Plan, Village Core Master Precise Plan (MPP), revise the Tentative Subdivision Map, and relocate easements through the recording of a new Parcel Map in order to accommodate a Conditional Use Permit application by a potential user of the Community Purpose Facility (CPF) site in Otay Ranch Village II. The proposed CUP project consists of a church, pre-school and elementary/middle school, gymnasium and parking area over a 5.5-acre Community Purpose Facility (CPF) site. The proposal is to reconfigure the 5.5-acre CPF-I site and the I-acre Town Square Park (P-4) within the village core, such that the CFP-I site would become the focal point center of the village instead of surrounding the Town Square, and the Town Square Park (P-4) park would be relocated from the focal point center of the village to the northeast comer of Discovery Falls Drive and Windingwalk Street (see Attachment No. I). RECOMMENDATION Staff recommends that the City Council approve the Village II Sectional Planning Area (SPA) Amendment, the Revised Tentative Map, and the associated Parcel Map, subject to and conditioned upon the City Council granting the Appeal of Conditional Use Permit (PCC-07- 064), reversing the decision of the Planning Commission, and adopting a resolution approving the Conditional Use Permit (PCC-07-064); otherwise, this action shall be deem automatically revoked and be of no force and effect ab initio. BOARDS/COMMISSION RECOMMENDATION On November 14, 2007 the Planning Commission voted (6-1-0-0) recommending denial of the Village II SPA Amendment and the Revised Tentative Map. The Planning Commission's recommendation of denial of the Village II SPA Amendment and the Revised Tentative Map was based upon their (5-2-0-0) vote to deny the proposed CUP application, which is the specific project that relies upon the approval of the SPA Amendment and Revised Tentative Map. 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 was covered in previously adopted Final Second Tier Environmental Impact Report (FEIR) 01-02 for the Otay Ranch Village Eleven Sectional Planning Area Plan Project. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document. 16-2 Date, Item No.: \ lp Meeting Date: 2/5/08 Page 3 of 8 BACKGROUND On October 2, 2006, Brookfield Shea Otay (BSO) submitted the Village II SPA Amendment and Revised Tentative Map applications. However, consistent with processing policy, a CUP application by the potential user of the CPF -I site was still required prior to further review for entitlements. On April 10, 2007, a potential user of the CPF-I site made a CUP application. After the first review of the CUP application, staff met with the proj ect applicants to assess the needs of the CPF user and the ability to provide and maintain design elements of the focal point center of the village core identified in the Village II Plan. Several site plan iterations were sketched and general agreement was reached on how a possible redesign and reconfiguration of the CPF and Town Square could be designed to maintain the primary vision for this area. Specifically: 1. That the proposed central plaza serving as the open space focal point view at the terminus of Birch Road be provided and maintained as a community gathering space, to serve a similar design and community function as the Town Square would have in the same location, and 2. That a pedestrian path through the central plaza be provided and maintained as a mid- block pedestrian connection to the village paseo, to serve a similar design and community function as the 20-ft. wide public easement would have in the same location. On July 27, 2007, a revised site plan was submitted incorporating certain modifications to address the community gathering space and pedestrian connection through the site noted above; namely, the 70-ft wide plaza shown on the previous CUP application was increased to 90-ft. clear between arcades of the Pre-School and Fellowship Hall buildings, to align with the 120-ft. Birch Road right-of-way width and further encourage public access, and the pedestrian connection was revised to show a mid-block pedestrian connection around the Sanctuary/Worship Building which could encourage pedestrians to access the Village paseo through the center of the site. On August 10,2007, staff informed the applicant regarding conditions that would be imposed on SPA Amendment and Revised Tentative Map application that would require the developer of the CPF -I site to (1) preserve an open space accessible to the public at the center of the site, and (2) provide a pedestrian connection through the center of the site to allow pedestrians access to the Village paseo. These conditions would also be required of the Conditional Use Permit for the CPF-I site. Planning Commission Record On November 14, 2007 the Planning Commission held a public hearing regarding the CUP application, in conjunction with the Village II SPA Amendment and Revised Tentative Map, since the CUP is the implementing project. The CUP application was denied by a vote of 5-2, after which the Planning Commission then considered making their recommendation regarding the proposed Village II SPA Amendment and Revised Tentative Map. 16-3 Date, Item No.: (V Meeting Date: 2/5/08 Page 4 of8 The Planning Commission then denied the SPA Amendment and Revised Tentative Map by a vote of 6-1, based primarily upon the fact that absent the approval of the CUP application there was no specific project associated with the proposed Village II SPA Amendment and Revised Tentative Map (See Planning Commission Minutes, Attachment No.3). The Planning Commission based their decisions on the following: I. The need to relocate the town square from. its current SPA plan configuration at the center of the site was viewed by members of the Planning Commission as unnecessary in order to provide a viable site for the proposed Church, Pre-School and Elementary/Middle School facility. (a) Based on exhibits provided by community members showing various site plan layouts for the facility, the Planning Commission concluded that the proposed Church, Pre- School and Elementary/Middle School facility could be reconfigured around the central location of the Town Square as originally envisioned in the Village II SPA plan. 2. The proposed Church, Pre-School and Elementary/Middle School facility raised a number of issues that were viewed by members of the Planning Commission as undesirable and not contributing to the general well being of the neighborhood or the community, such as: (a) Public Accessibility, Circulation, Traffic, and Parking: Based on testimony and exhibits provided by community members, the Planning Commission considered that there were outstanding issues related to public accessibility and use of the central plaza, circulation through the mid-block pedestrian connection to the Village paseo, the hours of operation for ancillary activities beyond the primary uses of the church and schools, and the effects of these ancillary uses on traffic and parking. (b) Relocation of the Park Site is not Beneficial to the Community: The Planning Commission concurred with public testimony and exhibits provided by community members that the reconfiguration of the Town Square from the focal point center of the village core to a comer park reduces its visibility and viability as a public access space and as a component of the village core, and that it generally becomes a less favorable public use space with a secondary presence within the village core compared to what was envisioned in the original Village II SPA Plan and Village Core Master Plan. DISCUSSION Existing Site Characteristics The Town Square (P-4) and the CPF-I planning areas are sited at the center of the village core in Village II at the easterly terminus of Birch Road and Discovery Falls Drive, and are meant to be the focal point elements providing amenities to the community for public use within their open 16-4 Date, Item No.: \ to Meeting Date: 2/5/08 Page 5 of8 spaces, pedestrian connections and building configurations. The two sites are relatively flat with a slight slope or grade that drops towards the south and east comer of both sites. Existing General Plan, Land Use and Zoning The City of Chula Vista General Plan and the Otay Ranch General Development Plan (GDP) designate the land within the Otay Valley Parcel for urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages are intended to contain higher residential densities and a variety of mixed-uses in the "Village Cores," surrounded by single-family homes in the secondary residential areas outside of the village cores. The Town Square (P-4) and the CPF-l sites are the focal point public open spaces and community purpose facility elements at the center of the village core in Village Eleven. The General Plan and Otay Ranch GDP describe Village Eleven as a typical residential village including single-family, multi-family and mixed-uses. The Village Eleven village core provides multi-family and commercial mixed-uses across the street (Discovery Falls Drive) from the Town Square (P-4) and the CPF-l sites. The subject properties are zoned Planned Community (PC) within the Village Eleven SPA Plan Planned Community (PC) District Regulations, and the PC District land use designations are P-4 for the Town Square and CPF-I for the Community Purpose Facility. Project Description Brookfield, Shea Otay, LP proposes to amend the Village Eleven SPA Plan and Village Core Master Precise Plan (MPP) text and exhibits, revise the Tentative Subdivision Map, and record a new Parcel Map in order to: (I) Relocate and reconfigure the Town Square from the easterly terminus of Birch Road to the northeast comer of Discovery Falls Drive and Windingwalk Way, and (2) Relocate the pedestrian easement to the village paseo from across the center of the CPF site to the northern property line adjacent to the Private Recreational Facility (PRF) site. The public easement currently covers the entire Town Square Park (P-4) and extends easterly as a 20-ft. wide easement through the center of the CPF -1 site. If the Village 11 SPA Plan Amendments; Village Core Master Plan Amendments; the Revised Tentative Map; and the new Parcel Map, reconfiguring the lot lines and relocating easements, are approved, the recording of the Parcel Map will terminate the City's interest in the previous alignment of the pedestrian access easement (Doc # 2005-1108997) based on the following findings: 16-5 Date, Item No.: 'Ie Meeting Date: 2/5/08 Page 6 of8 1. The easement is no longer necessary for present or prospective public purposes given the proposed new alignment for pedestrians along the northern property line when combined with the proposed pedestrian pathway accessible to the public through the approximate center of the CPF-I Site as stipulated in the CUP (PCC 07-064). 2. The amendments to the Otay Ranch Village Eleven SPA Plan and Village Core Master Precise Plan propose to reconfigure the site such that the existing public pedestrian access easement would encumber the CPF site. 3. Staff Analysis As noted in the project description, the applicant proposes to amend affected text and exhibits within the Village Eleven SPA Plan and Village Core Master Precise Plan (MPP) as well as the Tentative Subdivision Map, in order to accommodate the reconfiguration of the CPF-I site and relocation of the Town Square Park (P-4). These changes include the relocation of the recorded 20-fl. public easement currently at the center of the CPF-I site to the northern boundary of the property of the CPF-I site, adjacent to the Private Recreational Facility (PRF) swim club site. This public easement as relocated will still be located on the CPF -I site. The applicant proposes to improve this dedicated public connection to the Village paseo by constructing a sidewalk with landscape features on both sides. Tbe Village paseo terminates at the connection with this public easement (see Attachment No. 2). Another pedestrian sidewalk will be provided through the center of the relocated Town Square Park (P-4), a public facility to be owned and maintained by the Windingwalk Homeowners Association, providing another connection for pedestrians south of the center of the CPF -I site to the village paseo. It is expected that these other two pedestrian connections will be open to the public at all times and help to fulfill the pedestrian orientation requirements of the village core; however these two pedestrian connections do not address the focal point connection requirements as will be noted below. These pedestrian connections to the Village pas eo are necessary primarily because the privately owned CPF-I site may hold an occasional special event that would require a temporary closure of the focal point pedestrian connection that is expected to connect mid-block at the terminus of Birch Road and Discovery Falls Drive through the center of the CPF -1 site to the Village paseo. In conformance with the policies of the Otay Ranch GDP and Village Eleven SPA Design Plan, the design review checklist from the Village Core Master Precise Plan provides that the CPF-I site must provide and maintain certain mandatory site plan elements. It is expected that if the relocation and reconfiguration of the CPF-I site and the Town Square Park (P-4) sites occurs, that these mandatory site plan elements will be retained. 16-6 Date, Item No.: I (P Meeting Date: 2/5/08 Page 7 of 8 Staff and the applicant agreed prior to the submittal of this application that mandatory site plan elements such as (1) "outdoor rooms" such as courtyards, plazas, and arbor walkways, and (2) a pedestrian connection to the paseo would be retained at the focal point center of the village on the CPF-1 site, where the Town Square Park (P-4) is currently located. As..noted in the background discussion, prior to making the CUP application the applicant agreed to provide (1) the central plaza as the open space focal point view at the terminus Birch Road as a community gathering space accessible to the public, and (2) the pedestrian path through the central plaza to the village paseo as a pedestrian path accessible to the public. Reference to these "outdoor rooms" may be described as either "public access" open space, which is the language used in the Otay Ranch General Development Plan (GDP) for public or privately owned open space within a village core, or they may be described, as open space accessible to the public. Both the CPF-l site and the Town Square Park (P-4) will be privately owned community facilities that create open space and pedestrian oriented features, allowing the surrounding community and general public to have direct access to and through the village core focal point through elements such as courtyards, plazas, and arbor walkways connecting to the village paseo as "open space accessible to the public" and "pedestrian connections accessible to the public." If the CUP application to be heard as part of this public hearing is approved for the CPF -1 site, the CUP will impose conditions for maintaining the mandatory site plan elements such as the (l) open space accessible to the public and (2) the pedestrian connections accessible to the public in conformance with the Otay Ranch Village Eleven SPA Plan and Village Core Master Precise Plan amendment and Revised Tentative Map conditions. CONCLUSION Staff recommends that the proposed SPA Amendment, Master Precise Plan Amendments and Revised Tentative Map be approved subject to and conditioned upon the reversal of the Planning Commissions denial of the Conditional Use Permit; otherwise, this action should be automatically revoked and be of no force and effect ab initio. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action. FISCAL IMP ACT The proposed project will not have an impact on the City's General Fund, and there are no fiscal impacts to the City coming from the preparation of the reports and resolutions for these discretionary applications, as all costs are covered by their respective deposit accounts. 16-7 Date, Item No.: I tt;, Meeting Date: 2/5/08 Page 8 of 8 ATTACHMENTS I. Locator Map 2. Existing/Proposed Village Core Site Plan Map 3. Proposed SPA / MPP Text Revisions and Table listing all figures and Exhibit Revisions 4. Addendum to the Village Eleven Environmental Impact Report (EIR-OI-02) 5. SPA Amendment and Revised Tentative Map Application Prepared by: Harold Phelps, Associate Planner, Planning & Building Department J: IPlanningIHAROLDIPCZ-07 -03 YCC-07 -024 _ CC _Report. doc J: IAttorneylDavidMlAgenda StatementsIPCM-07-05 YCS-07-02 _ CC _Report SPA Draft21_ 02-05-08. doc 16-8 ;4 1/AC/.hv1 C.u r .L / CHULA VISTA PLANNING AND LOC)CATOR ~~~~~T: Brookfield Shea LLC. PROJECT North of Windingwalk St & ADDRESS: South of Explorations Falls Dr SCALE: FILE NUMBER: No Scale PCM-Q7-05 BUILDING DEPARTMENT NORTH PROJECT DESCRIPTION: MISCELLANEOUS Project Description: Revised TM to allow the relocation of the P-2 Park site to the Southwest oomer of Winding Walk St & DisooveryFalls Dr. The lot acreages for both the CPF-2 site and the P-2 stte remain the same P-2 = 1.0 acres, CPF-2 = 5.5 acres). 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" ... 0 " ,,~ .S go] Y CI) ~ .~ u ~i~ ,,'" "" ..i: ~~ E-<~~ ~:S~ == = == S ~ ~ ] ~-:5 ,," " e-=~ ...:" . -c .'".: a ~ rJ'1 0 Q ~'';: 0. 0.. u e u ~ g..~<-d -5g..~ ~ I"JJ. "" =: -c .;: z;";~ ;!;~ ...0. ..: . :.:! ;9: ~= l'l;; .." . <;; ... 0. ~ . . t r;; . ~ !! ;; ~~u ::::l"'....>S ~lli 8~l8 ~ ~~ '" , , ~ N u -' -' ;; . 05 ~ " ~ ~ ~ . ~ LIST OF TEXT REVISIONS SPA Plan page 5-2 Design Plan pages 2-48 and 3-12 Parks, Recreation, Open Space and Trails Plan pages 1-6, 2-3, 2-8 Village Core Master Precise Plan Pages 17, 71 and 72 16-13 VILLAGE ELEVEN SPA PLAN Parks, Recreation, Open Space and Trails Neighborhood Park In conformance with the GDP, the net 7-acre neighborhood park is located in the village core. This location provides several benefits to the Village: it is within walking distance of the most densely populated portion of the village, its proximity to the community purpose facility and elementary school provide opportunities for shared facilities and programs, and its adjacency to the SDG&E/SDCW A easement optimizes vistas and spaciousness in the Village. This location also minimizes the negative affects of play field lights, noise and traffic on nearby residential neighborhoods. Park amenities will be in conformance with the City Parks and Recreation Department requirements. A conceptual plan for the neighborhood park is illustrated in Exhibit 11.2.5.-2. As illustrated in the conceptual plan, amenities could include a tot lot, ball fields, and court sports. Town Square The one-acre, privately owned and maintained town square is centrallv located in the village core at the terminus of a !lrimary entry slreet. The town square serves as the ~ village feeaI peiHt gathering place and reflects the pedestrian design and urban character of the village. Envisioned as a traditional, formally designed park or plaza, it will provide opportunities for passive recreation, community events, and a setting for public art. The mixed-use commercial, community purpose facility and multi-family residential developments will face towards the town square. A conceptual plan for the town square is illustrated in Exhibit II.2.5.-3. Private Recreation Facilities In addition to the neighborhood park and town square, the Village Eleven plan provides two private recreation facilities: a 3-acre park in the village core and a 3.8-acre facility in the eastern portion of the village. These private recreation facilities are centrally located at the terminuses ofthe village entry streets and paseos to create focal points in the village. The central location of these private facilities provides a variety ofrecreational opportunities within walking distance of residences. Recreational facilities in the village core site will augment the limited size and passive nature of recreational spaces within multi-family residential development and, as such, are proposed to be credited towards multi-family common open space requirements. The eastern facility will provide family-oriented recreational opportunities in close proximity to neighborhoods. The building, swimming pool and other facilities will be dedicated to the Community/Homeowners Association and made available for group meetings and programs and, as such, are proposed for CPF credit. Both private recreation facilities will provide open lawn, seating and picnic areas, and tot lots. Some facilities, such as community buildings and swimming pools, will be gated and available to members of the homeowners association and their guests. Conceptual plans illustrating potential amenities are illustrated in Exhibits 11.2.5.-4 and 5. Brookfield Shea Otay, LLC 5-2 16-14 October 9. 2001 Proposed Amendment VILLAGE ELEVEN DESIGN PLAN Overall Village Design 11.4.2.4 Parks & Private Recreation Facilities Village Eleven contains a public neighborhood park, a privately owned town square park and two private recreation facilities. These parks and recreation facilities have been located to create focal points in the village and to be accessible to all villagers. As focal points, they will provide aesthetic elements and contribute to village identity and they will function as meeting places for villagers seeking both passive and active recreational opportunities. To promote park and recreational facility access, paseos traverse neighborhoods and terminate at the facilities. Figure 11.4.2.4-1 illustrates the locations of parks, recreation facilities, paseos and trails in the village. The design of the parks and private recreation facilities will incorporate the Irving Gill- inspired design theme. The theme will be used in the design of buildings, plazas, shade structures, seating and picnic areas. Furnishings such as fountains, benches, fencing and lighting will also adhere to the village design theme. Landscaping will use trees to create accent and focal points as well as shade. Lawns will be used to create multi-use play and picnic areas. Masses of shrubs and ground covers will be used in place of lawns, where appropriate, to lower irrigation and maintenance costs. Parks and private recreation facilities will be designed in compliance with the City Design Manual and Landscape Manual. City- owned parks will be designed in compliance with the City's standards and guidelines for public parks. Town Square The one-acre privately owned town square (P-4), located in the village core, serves as the main !! village foeal }loint gathering place and reflects the pedestrian design and urban character of the village. Envisioned as a traditional, formally designed park, it will provide opportunities for passive recreation, community events, and opportunities for public art. The design of the town square should reflect its importance in the village. A strong design element, such as a structure or fountain, will be the focal point of the town square. That element will be designed in the Irving Gill-inspired village design theme. Shade and accent trees, shrubs, vines and groundcovers should create a setting for the focal point and support the design theme. A conceptual plan for the town square is illustrated in Figure 11.4.2.4-2. Neighborhood Park The 7-acre public neighborhood park (P-l), located in the village core adjacent to the elementary school, will provide active and passive recreational opportunities for village residents. The park is centrally located in the village to provide convenient access to village residents. The location of the neighborhood park between the SDG&E easement and the elementary school optimizes vistas and spaciousness in the village. This setting also minimizes the negative affects of play field lights, noise and traffic on nearby residential neighborhoods. Park amenities may include a multi-purpose open lawn, lighted ball fields and sport courts, picnic shelters, tot lot and a restroom facility andlor maintenance building. Brookfield Shea Otay, LLC 2-48 16-15 October 23. 2001 Proposed Amendment VILLAGE ELEVEN DESIGN PLAN Village Core Design 11.4.3.2 Site Planning The organization ofland uses in the village core provides for landmark focal points at village entries, compatible lands uses that can share pedestrian-oriented connecting open spaces, and orientation of buildings toward the street, with parking and utility areas located away from the street. The village core land use plan provides for the siting of land uses to adhere to the following guidelines: . Locate buildings in proximity to the village streets to create a "main street." . Locate entries at the street in close proximity to create articulation and interest in the street scene. . Locate landmark buildings and landscape features at the entry focal points and at prominent intersections within the village core. . Site buildings to create outdoor rooms and interconnected pedestrian paths between developments. . Subordinate vehicular access by locating parking lots, loading and service areas at the rear or sides of development and away from the public and pedestrian areas. . Centrally blocate the town square as a feeal peiat within the village ami gF011fl llUihiiags af011Rd the t0wa sqllare to serve as a communitv gathering place. . Provide for a village pathway or paseo to connect neighborhoods to the village core and create a pedestrian connection through the core. Figure 11.4.3.2-1 illustrates the village core concept plan. Brookfield Shea Olay, LLC 3-12 16-16 October 23,2001 Proposed Amendment Village Eleven Parks, Recreation, Open Space and Trails Plan Introduction Village Eleven Parks Requirements Parks requirements for Village Eleven are described and determined by the Otay Ranch GDP, Chula Vista Municipal Code, Chula Vista Landscape Manual and Village Eleven SPA Plan as described below. Otav Ranch GDP In order to serve the recreational needs of Otay Ranch residents, a standard of 3 acres of land per 1000 residents shall be provided in the form of local parks. The GDP specifies that a minimum of 7 acres of public neighborhood park and a I-acre private town square be provided in the village and that the remaining acreage requirement be satisfied through contributions toward community parks located elsewhere in Otay Ranch. The park acreage requirement is determined by the number and type of dwelling units approved on the Village Eleven Tentative Map, in accordance with the Chula Vista Municipal Code. The Village Eleven SPA Plan provides a 7-acre neighborhood park in the village core and adjacent to the elementary school as required by the GDP. A one-acre town square is centrallv located to ereate a [oeal flaiRt in the village core, also in conformance with the GDP. The neighborhood park and town square provide a total of 8 acres towards the Village Eleven parks requirements. Within the village common open space are two private recreational facilities that provide additional park and recreation opportunities. The private recreational facilities are proposed to be credited towards Community Purpose Facilities and multi-family common open space. Chula Vista Municipal Code The City of Chula Vista Municipal Code, Chapter 17.10, Parklands and Public Facilities (12/94), establishes the method by which actual required park acreage is to be calculated, based on the number and type of residential units determined at the Tentative Map level. In accordance with Chapter 17.10, each single family dwelling unit generates a need for 423 square feet of developed parkland. Each attached, cluster housing, or planned unit development (either condominium or subdivided ownership) generates a need for 366 square feet of developed parkland. Each multi-family dwelling unit generates a need for 288 square feet of developed parkland. Based on 996 single family, 824 attached, and 484 multi-family units, the Code requires a parkland obligation of approximately 19.3 acres for Village Eleven. The Municipal Code also describes the requirements for provision of parks as land or in-lieu fees, as well as elements that may be required within neighborhood and community parks. The Village Eleven park obligation is met through the provision of 8 acres of park Brookfield Shea Otay, LLC 1-6 16-17 October 9. 2001 Proposed Amendment Village Eleven Parks, Recreation, Open Space and Trails Plan Park & Recreation Program Private Recreation Facilities Private recreation facilities emphasize informal social and recreational activities. Facilities may include informal play areas, tot lots and seating areas. Town Squares Town squares are the i! focal points of the village core and provide the opportunity to create a social center in the village. Facilities may include plazas or open areas for village events and performances, seating areas, tot lots and play areas. Public Schools Public school buildings and outdoor play areas provide an opportunity for recreational activities within a village. The location of schools adjacent to parks enhance both uses and may allow for shared use of facilities. Commercial Centers Commercial areas within a village can provide recreational opportunities in the form of outdoor seating and eating areas. Businesses such as cafes, bookstores and bike shops promote leisure and recreational activities. Community Purpose Facilities Recreational activities that serve the village may be provided by a community purpose facility such as a church, Boys and Girls Club or similar non-profit entity. Facilities may include swimming pools, senior or teen centers and meeting rooms. Village Pathway, Paseos and Trails Special pedestrian and bicycle routes provide an opportunity for expanded recreation and for conveniently traveling to parks or other recreational sites within a village. Brookfield Shea Otay, LLC 2-3 16-18 October 9, 2001 Proposed Amendment Village Eleven Parks, Recreation, Open Space and Trails Plan Park & Recreation Program Town Square Location The one-acre town square (P-4), located in the village core, serves as the maia a village focal Jloint gathering place and reflects the pedestrian design and urban character of the village. Park Facilities Envisioned as a traditional, formally designed park, the town square will provide opportunities for passive recreation and connnunity events. Figure II-3 illustrates a conceptual plan for the town square with the following facilities: . Focal point feature such as a gazebo, plaza or fountain . Seating areas . Open lawn areas . Paved walkways and lighting Ownership, Funding and Maintenance The town square site will be owned and maintained by a central business district, homeowners association or adjacent landowners. Improvements will be the responsibility of the applicant. Brookfield Shea Otay, LLC 2-8 16-19 October 9. 2001 Proposed Amendment Otay Ranch Village Eleven Core Master Precise Plan Design Guidelines Village Core District C. Village Core District The Village Core District is composed of the Mixed-Use/Commercial, Town Square, Community Purpose Facility, Private Recreation Facility, Elementary School and Neighborhood Park sites. This district within the core is the most structured and urban area within the core. The design intent is to be primarily pedestrian-oriented with subordinated vehicular activity. Pedestrian-friendly urban design elements include pedestrian scaled storefronts and lighting, amenities such as seating and shade trees, and social interaction spaces such as outdoor cafes and plazas. 1. Building Siting and Urban Character The organization of land uses in the Village Core provides for landmark focal points at village entries, compatible lands uses that can share pedestrian-oriented connecting open spaces, and orientation of buildings toward the street, with parking and utility areas located away from the street. The Village Core land use plan provides for the siting of land uses to adhere to the following guidelines: . Centrally l,locate the town square as a foeal point within in the village core to serve as a communitv gathering place and grOllp buildings arollBd the town square. . Locate landmark buildings and landscape features at the entry focal points and at prominent intersections within the Village Core. . Site buildings to create outdoor rooms and interconnected pedestrian paths between developments. . Locate buildings in proximity to the village streets to create a "main street." Building setbacks are prescribed for each street classification in the Village Eleven Design Plan. The Village Eleven PC District Regulations minimum building setback from the street is 15 feet, measured from the face of street curb. . Locate pedestrian entries at the street in close proximity to create articulation and interest in the street scene. Design emphasis on the entries improves the street scene and helps distinguish individual shops in a multi-tenant building. Storefronts shall incorporate display windows to encourage interaction with the street scene. . Each project or land use shall provide a well-articulated, identifiable entry for both the pedestrian and vehicle, from street/walkway to building. Project entries and connections to and into buildings shall be enhanced with landscaping, hardscape detail and architectural accents. . Subordinate vehicular access by locating parking lots, loading and service areas at the rear or sides of development and away from the public and pedestrian areas. . Provide for a village pathway or paseo to connect neighborhoods to the Village Core and create a pedestrian connection through the core. The following Exhibit 6 provides a perspective view of the Village Core from the Birch Road entry that illustrates these guidelines. Brookfield Shea Otay, LLC. 16-120 October 9. 2001 Otay Ranch Village Eleven Core Master Precise Plan Design Review Checklists TOWN SQUARE SITE (P-4) Design District: . Village Core Location: . Central aRa fecal peiat eHtry te in the village core at Birch Road/Village Batry Street. Planned Use: . Town square plaza or park. Permitted Use: . As permitted by the Otay Ranch Village Eleven Planned Community District Regulations. Building Design/Siting: · Village focal point reflecting the pedestrian design and urban character of the village. . Traditional design reflecting importance within the village. Pedestrian Access: · Highly pedestrian oriented with well-defined access and circulation to the Village Pathway and Village Core Promenade Streets and the paseo. Vehicle Access: . Vehicular circulation arolHld the square access from Village Core Promenade Street. . Parking on e!l!lesite siae ef street from square adiacent streets. Transit Access: . Transit stop located opposite square at Mixed-Use/Commercial site. Urban Character: . Formal, village f-oeal !loint gathering place. Mandatory Site Plan Elements: . Village Landmark with a strong design element such as a fountain or public art. . Traditional design reflecting importance within the village. . Shade and accent trees, seating areas and other pedestrian amenities. . Integrated pedestrian circulation throughout the site. . Integrated design with Village Promenade streetscape. Brookfield Shea Olay, LLC. 16""21 October 9, 200 f Otay Ranch Village Eleven Core Master Precise Plan Design Review Checklists COMMUNITY PURPOSE FACILITY SITE (CPF) Design District: o Village Core Location: o Central area of village core and village focal point at Birch Road/Village Entry. Planned Use: o Community Purpose Facility such as a church or community-serving institution. Permitted Use: o As permitted by the Otay Ranch Village Eleven Planned Community District Regulations. Building Design/Siting: o Landmark/focal point building location. o Primary pedestrian oriented edges along the Village Core Prorrienade Street (Discovery Falls). o Parking lot internal to site. Pedestrian Access: o Highly pedestrian oriented with well-defined access and circulation to the Village Core Promenade Street, Town SEJlIare, transit stop and paseo. Vehicle Access: o Vehicular access from Village Core Promenade Street. o Parallel parking on adjacent village streets and internal parking lot. Transit Access: o Transit stop located across Village Core Promenade Street. Urban Character: o Formal, articulated and highly detailed architecture towards Village Entry Street and Village Core Promenade Street. Mandatory Site Plan Elements: o Architectural Focal Point o "Outdoor rooms" such as courtyards, plazas, and arbor walkways. o Integrate design with Village Core Promenade streetscape. o Pedestrian connections to transit stop, Town Square, Private Recreation Facility and paseo. o Integrated pedestrian circulation throughout the site. o Parking lot internal to site. Brookfield Shea Olay, LLC. 16....22 October 9. 2001 ;4 rr;4CJI'/1-1 c:.j1./ r 1 ADDENDUM TO THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT FOR THE OTA Y RANCH GENERAL DEVELOPMENT PLAN (GDP) AMENDMENTS/ VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN AND TENT A TIVE MAP EIR-OI-02 SCH #200I031I20 DATE: Otay Ranch Village Eleven SPA and Tentative Map Amendment Southwest Comer ofWindingwalk Street and Birch Road Brookfield Shea LLC PCS-07-02, Revised Tentative Map PCS-07-05, SPA Amendment September 19,2007 PROJECT NAME: PROJECT LOCATION: PROJECT APPLICANT: CASE NO: I. INTRODUCTION This addendum has been prepared to provide additional environmental information and analysis to the Final Second Tier Environmental Impact Report 01-02 ("FEIR") for the Otay Ranch Village Eleven Sectional Planning Area Plan Project ("Project"). As the lead agency for the Project under the California Environmental Quality Act ("CEQA") (Pub. Resources Code, ~21000 et seq.), the City ofChula Vista ("City") prepared and conducted an environmental analysis of the Project. A Notice of Preparation was issued on March 30, 2001. A Draft Environmental Impact Report ("DEIR") was publicly circulated on July 13, 200 I. After a 45-day public comment period, the City prepared responses to those comments and included them in the FEIR. The FEIR evaluates the environmental effects of the adoption of the Otay Ranch General Development Plan (GDP) Amendments and Village Eleven Sectional Planning Area ("SPA") Plan and Tentative Map. On October 23, 2001, the City Council approved the Project and certified the FEIR (EIR 01-02) for the Otay Ranch GDP AmendmentsNillage Eleven Sectional Planning Area Plan and Conceptual Tentative Map, and approved the Sectional Planning Area (SPA) Plan for Otay Ranch Village Eleven, consisting of single-family and multi-family residential homes, community facilities, and commercial acreage. A modification to the SPA Plan and Tentative Map for Village Eleven has been proposed, which would swap the CPF-I site with the P-2 (Town Square) site, maintaining the same acreages. Figure 1 shows the proposed tentative map for the Otay Ranch Company property in Village Eleven. Addendum to EIR 01-02 1 6-~3 II. CEQA REQUIREMENTS Sections 15162 through 15164 of the State CEQA Guidelines discuss a lead agency's responsibilities in handling new information that was not included in a project's final environmental impact report. Section 15162 of the State CEQA Guidelines provides: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more ofthe following: (I) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Addendum to EIR 0 I -02 16lz4 In the event that one of these conditions would require preparation of a subsequent EIR but "only minor additions or changes would be necessary to make the [Final] EIR adequately apply to the project in the changed situation," the lead agency could choose instead to issue a supplement to the Final EIR. (CEQA Guidelines, 915163, subd. (a).) Thus, the City must consider under the standards articulated above whether there will be previously undisclosed significant environmental impacts or a substantial increase in the severity of previously disclosed impacts. (CEQA Guidelines, 9915162,15163,15164, subd. (a).) As the discussion below demonstrates, implementing the Project with the modifications to the SPA Plan for Village Eleven would result in no new environmental impacts, or no more severe impacts, than were disclosed in the FEIR for the Project. Therefore, it is appropriate for the City to prepare an addendum pursuant to CEQA Guidelines, 915164. Section 15164 states that an addendum should include a "brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162" and that the explanation needs to be supported by substantial evidence. (CEQA Guidelines, 915164, subd. (e).) The addendum need not be circulated for public review but may simply be attached to the Final EIR. (Ibid.; CEQA Guidelines, 915164, subd. c.) A modification to the SPA Plan and Tentative Map for Village Eleven does not constitute a substantial change to the previously approved project, nor would substantial changes occur with respect to the circumstances under which the project would be undertaken. In addition, no new information of substantial importance has been identified that shows that the proposed project will result in significant effects not discussed in the previous EIR or significant effects that would be more severe than those identified in the previous ErR. Therefore, in accordance with Section 15164 of the State CEQA Guidelines, the City has prepared an addendum to FEIR 01-02 to address the proposed changes to the project. III. PROJECT SETTING The Village Eleven project area is located in the northeast portion of the Otay Valley Parcel of the Otay Ranch General Development Plan, south of Olympic Parkway and the residential community of Eastlake Greens; west of Hunte Parkway; and east of the Salt Creek area. The Village Eleven SPA project area includes approximately 489 acres. IV. PROJECT DESCRIPTION The proposed amendment to the Village Eleven SPA Master Precise Plan reconfigures the CPF and Town Square sites to improve their design potential. The proposed amendment is the result of site studies to locate the Concordia Lutheran Church within the existing long and narrow CPF site surrounding the Town Square site. The shape of the CPF site is very constraining to accommodate all the church facilities and their functional needs. The proposed amendment will create a more functional CPF site by relocating the Town Square to the south at the intersection of Discovery Falls and Windingwalk Street. The acreages of both the CPF and Town Square Addendum to EIR 01-02 16.]25 will be maintained and their design will be consistent with the approved Village Eleven SPA Master Precise Plan V. ANALYSIS The proposed modifications to the Otay Ranch Village Eleven SPA Plan and Tentative Map addressed in this addendum (and described above) would not result in new or different impacts than that which were described in the FEIR for the SPA plan. None of the proposed changes to the Village Eleven SPA plan would result in either a change in significant impacts or the adopted mitigation measures. A summary of the potential impacts due to the modification to the Village Eleven SPA plan are discussed below. Land Use The land use changes addressed in this addendum would have no effect on the impacts and conclusions described in the Land Use section of the FEIR. Development of the Village Eleven Sectional Planning Area (SPA) Plan was evaluated in the Final Second Tier EIR 01-02 for the Otay Ranch GDP AmendmentsNillage Eleven Sectional Planning Area Plan, and Conceptual Tentative Map that was certified on October 23, 2001. The SPA amendment proposed would modify zoning by: swapping the 5.5-acre Community Purpose Facility (CPF-I) site with the 1- acre Town Square Park (P-2) site, reconfiguring the two sites to improve their design potential; relocate the City's pedestrian easement from the center of the CPF-I site to the northern end of the site; and require, through a conditional use permit, that a pedestrian connection replace the City's relocated pedestrian easement through the modified CPF-I site to maintain pedestrian orientation in the Village. The proposed amendment is the result of site studies to locate Concordia Lutheran Church within the existing long and narrow CPF site surrounding the Town Square site. The shape of the CPF site is very constraining to accommodate all the church facilities and their functional needs. The proposed amendment would create a more functional CPF site by relocating the Town Square to the south at the intersection of Discovery Falls and Windingwalk Street. The acreages of both the CPF and Town Square would be maintained and their design would be consistent with the approved Village Eleven SPA Master Precise Plan. The proposed changes would also be in conformance with the Otay Ranch General Development Plan (GDP) and the City of Chula Vista General Plan. The GDP requires that a focal point pedestrian gathering place feature be provided within the village core of every Village SPA Plan. To provide and maintain this requirement, (as specified in the Village Eleven SPA Plan and Village Core Master Precise Plan), any site plan submitted for approval of the CPF-I site shall include a plaza or public use square at the same focal point location where the original Town Square (P-2) was planned. The GDP also requires that pedestrian orientation be maintained in every Village SPA Plan. The SPA Plan amendment and revised tentative map will allow for relocation of the City's existing pedestrian easement that runs from Discovery Falls to the Village Eleven paseo, to the northern end of the CPF-l site. And, through a conditional use permit for the site, require that a pedestrian connection replace the City's existing pedestrian easement. Addendum to EIR 01-02 16-4z6 The City of Chula Vista General Plan designates the CPF and Town Square parcels as mixed-use residential. The proposed modification to the SPA Plan would be consistent with the City of Chula Vista General Plan designations, the Otay Ranch General Development Plan (GDP), and the land use designation identified in the Village II SPA Plan, as described in the FEIR. The modified zoning designations would not result in any new land use compatibility issues and would not conflict with any applicable management or conservation plans. VI. CONCLUSION The proposed modification to the Otay Ranch Village Eleven SPA Plan and Tentative Map would not cause any new or more severe physical impacts nor require any additional mitigation measures that were not already addressed in the FEIR. As such, the analysis and conclusions presented in the FEIR are not changed by the proposed action. Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that the revisions to the proposed Project will result in only minor technical changes or additions to the Project, and that none of the conditions for preparing a subsequent or supplemental EIR, as identified by Sections 15162 and 15163, exist. Therefore, the preparation of this Addendum is appropriate to make the FEIR adequate under CEQA. References: Otay Ranch Village Eleven Sectional Planning Area and Tentative Maps Environmental Impact Report 01-02 Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan Title 19, Chula Vista Municipal Code Addendum to EIR 01-02 5 16-27 REVISED TENTATIVE MAP (GV.T. 01-11C) GTAY RANCH - VILLAGE 11 WINDINGWALK CITY OF CHULA VISTA, CALlFOINIA ~- I It., d ~_....)....- VICINITY MAP KEY MAP sc......,....JOO 16-28 "..'>, ",;.y.,.; FIGURE ! ~!f? -r- ENVIRONMENTAL CHECKLIST FORM mY OF CHULA VISTA 1. Name of Proponent: Brookfield Shea LLC Adam Pevney, Vice President 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 12865 Pointe Del Mar, #200 Del Mar, CA 92014 (858) 481-8500 4. Name of Proposal: Otay Ranch Village Eleven SPA and Tentative Subdivision Map Amendment 5. Date of Checklist: September 19, 2007 6. Case No.: PCM-07-05 and PCS-07-02 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 0 0 0 . b) Substantially damage scenic resources, including, 0 0 0 . but not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or 0 0 0 . quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views o o o . 16-29 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact in the area? Comments: The proposed SPA Amendment would reconfigure the CPF-I site by moving the P-2 (Town Square) site from the terminus of Birch Road to the intersection of Discovery Falls and Windingwalk Street. Thus, the Town Square would be situated on a comer, rather than at the terminus of a road and a landmark building could be located at the terminus of Birch Road. These changes are considered negligible with respect to landform alteration and aesthetics. No additional impacts to aesthetics are anticipated. II. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? o o o . b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o o o . c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? o o o . Comments: The FEIR determined that significant, unmitigated impacts would occur due to the loss of agricultural land as a result of implementing the entire Village Eleven SPA Plan. A Statement of Overriding Considerations was adopted at the time the Village Eleven FEIR was certified. Modifications to the SPA Plan, which includes swapping the CPF-t site with the P-2 (Town Square) site, would not result in any additional impacts to agricultural land than what was previously analyzed in the FEIR. m. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? o o o . 1 6-~O Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated b) Violate any air quality standard or contribute 0 0 0 . substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase 0 0 0 . of any criteria pollutant for which the project regIon IS non-attainment under an applicable federal or state ambient air quality standard (including releasing ennsslOllS, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 0 0 0 . concentrations? e) Create objectionable odors affecting a substantial number of people? o o o . Comments: The FEIR determined that significant, unmitigated air quality impacts would occur as a result of implementing the entire Village Eleven SPA Plan. A Statement of Overriding Considerations was adopted at the time the FEIR was certified. Modifications to the SPA Plan, which include swapping the CPF-l site with the P-2 (Town Square) site would not result in any additional air quality impacts than what was analyzed in the FEIR. Short-term construction impacts to air quality are not expected to be exacerbated by the proposed modifications. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? o o o . b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community o o o I 1 6-~ 1 Issues: identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact o o o o No Impact I I I . The project site has been graded as allowed under the FEIR and the site is currently devoid of any sensitive plant or animal species or habitats. No impacts to biological resources will occur. V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines S 15064.5? 16-12 o o o . Issues: b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines S 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside offormal cemeteries? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o o . o o . o The FEIR did not have any mitigation measures for cultural resources. The project site has been graded as allowed under the FEIR and is currently devoid of any artifacts. No impacts to cultural resources will occur with the proposed SPA amendment. VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: L Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii. Strong seismic ground shaking? iii. Seismic-related liquefaction? ground failure, including 1 6-~3 o o o . o o o . o o o . Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated IV. Landslides? D D D . b) Result in substantial soil erosion or the loss of D D D . topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? D D . d) Be located on expansive soil, creating substantial risks to life or property? D D D D . e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? D o . Comments: D The modification to the SPA Plan for Village Eleven would not result in any previously unidentified geophysical impacts or require any new mitigation measures. No major geologic conditions would constrain the development of the site as proposed in the modified SPA Plan. Implementation of Mitigation Measures 5.5-1 through 5.5-5 in the FEIR would mitigate any potential geophysical impacts. VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the envirorunent through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 16-~4 D D D . D D D . Issues: c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact d) Be located on a site which is included on a list of h=dous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant h=d to the public or the environment? Less Than Significant Impact o o o . e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? o o . t) For a project within the vicinity of a private airslrip, would the project result in a safety hazard for people residing or working in the project area? o o o . g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? o o o o . h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? o o . Comments: o o o . o The FEIR did not identify any public safety (hazards) impacts associated with the proposed development of the Village Eleven area, beyond what was identified by the Program EIR 90-01. Complying with Mitigation Measure 5.J 4-1 of the FEIR would ensure that no significant hazardous impact would result from the proposed SPA amendment to swap the locations of the CPF-I and P-4 (Town Square) sites. 16-35 Issues: VllI. HYDROLOGY AND WATER QUALITY. Would the project: a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303( d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse iropact on groundwater quality? Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Tha n Significant Impact o o . o o o o . c) Substantially alter the existing drainage pattern of the 0 0 0 . site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the 0 0 0 . site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures within a 100- year flood hazard area which would iropede or redirect flood flows? e) Expose people or structures to a significant risk of 0 0 0 . loss, injury or death involving flooding, including 16-~6 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact flooding as a result of the failure of a levee or dam? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? o o o . Comments: The changes associated with the proposed SPA amendment would not affect the water resources and water quality determinations made in the FEIR. The application of water resources and water quality Mitigation Measures 5.9-1 through 5.9-4, as detailed in the FEIR, would ensure that there are no significant impacts to water resources and water quality. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? o o o . b) Conflict with any applicable land use plan, policy, 0 0 0 . or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation 0 0 0 . plan or natural community conservation plan? 16-g7 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: The SPA amendment proposed would modifY zoning by swapping the CPF-l site with the P-2 (Town Square) site. No new or additional significant impacts have been identified for the proposed change. Refer to the attached Addendum for more information. x. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? o o o . b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o . Comments: The FEIR determined that no significant impacts with respect to mineral resources would occur within the Village Eleven SPA area The proposed project sites are located within the same area as evaluated by the Village Eleven FEIR and will not result in any new impacts to mineral resources. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels 0 0 0 . III excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive 0 0 0 . groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise 0 0 0 . levels in the project vicinity above levels existing 16-308 Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated without the project? d) A substantial temporary or periodic increase III D 0 0 . ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan D 0 0 . or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? D o o . Comments: The FEIR determined that residential development within the Village Eleven area would be exposed to significant impacts from roadway noise and requires mitigation measures to reduce this impact to a less than significant level. The changes associated with the proposed SPA amendment would not affect the noise determinations made in the FEIR or expose sensitive receptors to any change in noise levels. The application of noise Mitigation Measures 5.12-1 through 5.12-3, as detailed in the FEIR, would ensure that there is no significant noise impact. XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? D o o . b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? D o o . c) Displace substantial numbers of people, D o o . 16-SIg Issues: Potentially Significant Impact Less Than Significant With Mitigation Incol'"porated Less Than Significant Impact No Impact necessitating the construction of replacement housing elsewhere? Comments: The proposed SPA Plan amendment would not result in population growth in Village Eleven; it would not involve any changes in proposed land uses and would only involve a minor location change. The anticipated population generated from the project would remain the same as evaluated in the Village Eleven FEIR. Since the project sites are not zoned residential, the changes associated with the proposed amendment would not result in the displacement of existing housing. XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services: a. Fire protection? 0 0 0 . b. Police protection? 0 0 0 . c. Schools? 0 0 0 . d. Parks? 0 0 0 . e. Other public facilities? 0 0 0 . Comments: The proposed project proposes only a minor change in location of the CPF-l and P-2 sites; no new land uses are proposed. Therefore, demands for governmental services and public facilities will not be affected by the proposed SPA amendment. XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility o o o . 16-it'o Issues: would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which have an adverse physical effect on the environment? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . The proposed SPA amendment would change the locations of the CPF-I and P-2 (Town Square) sites; however, their uses would remain the same. The proposed SPA amendment would not result in increased demand in recreational facilities beyond those needs already evaluated in the Village Eleven FEIR. No impacts to recreational facilities are anticipated. XV. TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 1 6-lf1 o o o . o o o . o o o . o o o . Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated e) Result in inadequate emergency access? 0 0 0 . f) Result in inadequate parking capacity? 0 0 0 . g) Conflict with adopted policies, plans, or programs 0 0 0 . supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: All traffic-related impacts analyzed in the FEIR are expected to be unchanged with the implementation of the proposed SPA amendment for Village Eleven. The proposed SPA Amendment would not change land uses, rather the locations of the CPF-l and P-2 (Town Square) sites would be swapped. Implementation of Mitigation Measures 5.10-21 through 5.10-27 in the FEIR would reduce any potential traffic impacts to intersections and street segments. Thus, no impacts to traffic and circulation are anticipated. Pedestrian connections and flow would be maintained with a City easement being relocated from the center of the CPF-l site to the northern edge, as well as requiring, through a conditional use permit, a pedestrian connection to replace the relocated City easement XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? o o o . b) Require or result in the construction of new water or wastewater treatment facilities or expansion 0 f existing facilities, the construction of which could cause significant environmental effects? o o o . c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? o o o . 16-lfl2 Issues: d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 1) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Comments: Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated 0 0 0 . o o . o o o . o o o o . The proposed modification to the SPA Plan for Village Eleven would require only minor aIterations to any of the planned service systems. The land uses would remain the same with the proposed change and the project area would continue to be served by utility and service system infrastructure provided through the development of Village Eleven. No additional impacts to utilities and service systems would be anticipated. XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A) Library The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the city- wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. 1 6-4'8 o o o . Issues: B) Police a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. c) Respond to 57 percent of "Priority Two" urgent calls within seven (7) minutes and maintain an average response time to all "Priority Two" calls of7.5 minutes or less. Comments: The FElR states that potential impacts to law enforcement services would be mitigated by compliance with the Law Enforcement Services Master Plan for Otay Ranch and payment of mitigation fees. Since the population generation rate would remain the same, the proposed amendment to the Village Eleven Plan would not result in substantial changes in the ability to deliver adequate law enforcement services to the project area. No significant impacts to law enforcement services are anticipated with the proposed change. C) Fire and Emergencv Medical Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured armually). Comments: The FEIR states that potential impacts to fire protection and emergency medical services would be mitigated by compliance with the Fire Station Master Plan and payment of fees. Since the population generation rate would remain the same, the proposed amendments to the Village Eleven SPA Plan would not result in substantial changes in the ability to deliver adequate services to the project area. Therefore, no significant impacts to fire protection and emergency medical services are anticipated with the proposed change. The Findings of Fact adopted for the FEIR found that the 1 6-lf4 Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated 0 0 0 . o o o . Issues: Village Eleven SPA Plan and the Olay Ranch Village Eleven SPA Public Facilities Finance Plan (PFFP) would meet projected demands for fIre and EMS services. No additional impacts to fIre and EMS services are anticipated. D) TraffIc The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west ofl-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. Comments: No additional traffic impacts associated with the proposed SPA Plan modifIcation are anticipated because swapping the locations of CPF-I and P-2 will not involve change of land use. The application of traffic mitigation measures 5.10-21 through 5.10-27, as presented in the FEIR, would be required for the modified project and would reduce the potential for exceeding the City's Threshold Standards for traffIc to a less than signifIcant level. E) Parks and Recreation Areas The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilitiesll ,000 population east ofl-805. Comments: Since the projected population is expected to be the same with or without the proposed changes, there is no affect on the demand for additional parkland or recreational servtces. F) Drainage 1 6-45 Potentially Significant Impact o o o Less Than Significant With Mitigation Incorporated o o o Less Tha n Significant Impact o o o No Impact . . . Issues: The "Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. Comments: The proposed amendment of the Village Eleven SPA Plan would not substantially alter the drainage over that analyzed in the FEIR. The modifications to the SPA Plan would not impede the project's ability to comply with City Engineering Standards, and would not result in any impacts not previously considered. G) Sewer The "Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. Comments: The proposed SPA amendment is not anticipated to cause changes in projected sewage flows and volumes. The location changes for CPF-l and P-2 can be adequately accommodated in the proposed sewer system. H) Water The "Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee offset program the City of Chula Vista has in effect at the time of building permit issuance. 16-W6 PotentiaJly Significant Impact o o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact o o No Impact . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: The proposed modification to the SPA Plan for Village Eleven would not result in a substantial change to the drainage pattern of the site as analyzed in the FEIR. Potentially significant hydrology/water quality impacts identified in the FEIR would be mitigated to a less than significant level by Mitigation Measures 5-9.1 through 5.9-4. 16-41 Issues: XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o o . o o o . a) The proposed modification to the SPA Plan for Village Eleven would not degrade the quality of the environment because the changes are consistent with the issues analyzed in the FEIR. b) The proposed modification to the SPA Plan for Village Eleven would be consistent with the issues analyzed in the FEIR, with respect to short-term and long-term environmental goals. No impacts are anticipated. c) Cumulative effects related to the development of Village Eleven were considered in the FEIR. The proposed Village Eleven SPA amendment would not result in additional cumulative effects that were not considered in the FEIR. The proposed land uses for CPF-I and P-2 would remain the same; therefore, cumulative impacts will be the same as analyzed in the Village Eleven FEIR. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: No additional mitigation measures are required.. 1 6-4~ xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained in the Mitigated Negative Declaration (18-07-022), and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply for an Environmental Impact Report. Printed Name and Title of Applicant (or authorized representative) Signature of Applicant (or authorized representative) Date Printed Name and Title of Operator (if different from Applicant) Signature of Operator (if different from Applicant) Date 16-~lg XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. o Land Use and Planning o Population and Housing o Geology/Soils o Agricultural Resources o Hydrology/Water o Air Quality o Paleontological Resources o TransportationlTraffic o Biological Resources o Energy and Mineral Resources o Public Services o Utilities and Service Systems o Aesthetics o Hazards and Hazardous Materials o Cultural Resources o Noise o Recreation o Mandatory Findings of Significance 16-SO XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, and an Environmental Impact Report is required. I find that the proposed project may have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier Em or Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ElR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. :l,?fr hula Vista 23 16-51 o o o o o . f""" _i' ;~ r:f7T4Cf-fMCA/1 S Planning & Building Department Planning Division I Development Processing 0lY OF CHUIA VISfA APPLICATION. DEVELOPMENT PROCESSING. TYPE B Part 1 Type of Review Requested o General Plan Amendment o General Development Plan 0 New (or) 0 Amendment 12( SPNSpecific Plan 0 New (or) [!?Amendment o Zone Change [gJ Tentative Subdivision Mal{ A"^~",,e.->vj- ) D Annexation o Other. Application Information Applicant Name: Brookfield Shea LLC Applicant Address: 12865 Pointe Dei Mar. # 200. Del Mar. CA 92014 Contact: Ron Grunow. Vice President Phone: 858-481-8500 Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required to process this request.) i:8l Own 0 Lease 0 In escrow 0 Option to purchase Engineer/Agent: Hunsaker & Associates Address: 10179 Huennekens St. SO CA 92121 Contact: Marvbeth Murrav Phone: 858-558-4500 Primary contact is: i:8l Applicant 0 Agent 0 Email address of primary contact: mmurravra>.hunsakersd General Project Description (all types) Project Name: Otav Ran~h Viii 11 Ph 3 Rev TM (CPF-1) Proposed Use: Park. CPF Site (CPF-1 P-20nlv) General Description of Proposed Project: Revised TM to allow the reiocation of the P-2 Park Site to the southwest corner of Windinqwalk Street and Discovery Falls Drive. The lot acreaqes for both the CPF-2 site and the P-2 site remain the same (P-2 = 1.0 acre. CPF-2 = 5.5 acres). Subject Property Information (all types) Location/Street Address: North of Windinawaik Street and south of Exploration Falls Drive Assessor's Parcel #: 643-610-22.24 Total Acreage: 6.5 Redevelopment Area (if applicable): ~ General Plan Designation: MU (per Olav GDP) Zone Designation: PC (Zonlna Distrlct=P and CPF) Planned Community (if applicable): Otav Ranch Viliaoe 11 Current Land Use: Vacant Within Montgomery Specific Plan? 0 Yes i:8l No General Plan Amendment Proposed Land Use Designation: n/a Justification for General Plan change: n/a 16-52 ?7R ~n1lrth A\Jt:onllA I r:hllb \lid:=! I r:~lifnrni:;:l t Q1Q1n I fR1Q\ RQ1_1:\1/11 Planning & Building Department Planning Division I Development Processing 01Y OF CHUlA VISTA APPLICATION . DEVELOPMENT PROCESSING . TYPE B Part 1 Type of Review Requested o General Plan Amendment o General Development Plan 0 New (or) 0 Amendment ra" SPNSpecific Plan 0 New (or) [B'Amendment o Zone Change IZI Tentative Subdivision Mar:{ A,V'...,..2.."",---+- ) o Annexation o Other. Application Information Applicant Name: Brookfieid Shea LLC Applicant Address: 12865 Pointe Del Mar. # 200. Del Mar. CA 92014 Contact: Ron Grunow. Vice President Phone: 858-481-8500 Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required to process this request.) IZ1 Own 0 Lease 0 In escrow 0 Option to purchase Engineer/Agent: Hunsaker & Associates Address: 10179 Huennekens SI. SO CA 92121 Contact: Marvbeth Murrav Phone: 858-558-4500 Primary contact is: IZ1 Applicant 0 Agent 0 Emaii address of primary contact: mmurravlalhunsakersd General Project Description (all types) Project Name: Otav Ranch ViII 11 Ph 3 Rev TM (CPF-1) Proposed Use: Park. CPF Site (CPF-1 P-20nlv) General Description of Proposed Project: Revised TM to allow the relocation of the P-2 Park Site to the southwest corner of Windinowalk Street and Discovery Falls Drive. The lot acreaoes for both the CPF-2 site and the P-2 site remain the same (P-2 - 1.0 acre. CPF-2 = 5.5 acres). Subject Property Information (all types) Location/Street Address: North of Windinowalk Street and south of Exploration Falls Drive Assessor's Parcel #: 643-610-22.24 Total Acreage: 6.5 Redevelopment Area (if applicable): ~ General Plan Designation: MU (per Otav GDP) Zone Designation: PC (Zonino District=P and CPF) Planned Community (if applicable): Otav Ranch Villaoe 11 Current Land Use: Vacant Within Montgomery Specific Plan? 0 Yes IZ1 No General Plan Amendment Proposed Land Use Designation: n/a Justification for General Plan change: n/a 16-53 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 mY OF CHUlA VISTA APPLICATION . DEVELOPMENT PROCESSING . TYPE B Part 2 General Development Plan General Development Plan Name: Otav Ranch Proposed Land Uses f Total Acres: Commercial I Acres Parks I 1.0 Acres Community Purpose I 5.5 Acres Public/Quasi I Acres Print applicant name: Marvbeth Murrav Vt",-,""",'c.ILe.-v- ,-r- f'<.(<;O( ~ <~ 5 Applicant Signature:~~ Date: 9-14-06 Prin; owner name*: Ron Gruno~ Owner signature~ " .- * Proof of ownership may be re /" Residential I Range: Single Family Detached I Single Family Attached I Duplexes I Apartments I Condominiums I TOTALS I Annexatiotl Prezoning: nfa Tentative Subdivision lIIlap Subdivision Name:Otav Ranch Minimum lot size: n/a Zone Change o Rezoning Proposed zoning: n/a Authorization 27. Industrial I Schools I Circulation I Open Space I Acres Acres Acres Acres to Units Acres to Units Acres to Units Acres to Units Acres to Units Acres to Units Acres LAFCO Reference #: n/a Number of units: n/a CV Tract #: 01-11rCl Average lot size:n/a o Prezoning o Setback Date: 9-14-06 er of consent may ~~~~fd in lieu of signature. venue I Chula Vista I California I 91910 I (619) 691-5101 OTAY RANCH VILLAGE 11 SPA AMENDMENT DESCRIPTION & JUSTIFICATION Septernberl4,2006 AMENDMENTl Reconfiroration of CPF Site and Relocation of Town Square (P-4) Site Description The proposed amendment to the Village Eleven SPA Master Precise Plan reconfigures the CPF and Town Square sites to improve their design potential. The proposed amendment is the result of site studies to locate the Concordia Lutheran Church within the existing long and narrow CPF site surrounding the Town Square site. The shape of the CPF site is very constraining to accommodate all the church facilities and their functional needs. The proposed amendment will create a more functional CPF site by re-locating the Town Square to the south at the intersection of Discovery Falls and Windingwalk Street. The acreages of both CPF and Town Square will be maintained and their design will be consistent with the approved Village Eleven SPA Master Precise Plan. Justification The Otay Ranch GDP requires civic presence facilities in the village core that "may be a hallmark of the character of the village and help to create a focal point for village activity." Uses included for the civic presence facilities include a public plaza, Town Square, churches, day care and community purpose facilities. The GDP requires that a minimum one-acre Town Square park be located in some village cores to serve village residents. The GDP further requires Village Eleven to provide "A Town SquareNillage GreenlMain Street" in the village core. The proposed amendment is consistent with the GDP because it maintains the church as a civic presence and it maintains the Town Square as a central focal point within the village core: The Village Eleven SPA, Design Plan, Park Plan and Core Master Precise Plan describe and illustrate a Town Square located at the terminus of Birch Road. This location fulfilled the GDP requirements for a one-acre park focal point and also assumed that CPF buildings could be arranged around the site to create the traditional Town Square. The SPA and Core Master Precise Plan site plans were conceptual and not based on any actual CPF tenant. The Concordia Lutheran Church facility requirements are more extensive than anticipated by the SPA concept plan. The church development includes five buildings that need to be grouped together and connected with plazas and sidewalks. Three buildings, the sanctuary, community building and activity center, are optimally grouped around a central plaza to create an outdoor gathering place and focal point. The church facilities also include outdoor play areas, passenger loading areas and parking to accommodate the various functions of the facility. The Concordia Lutheran Church can be accommodated within the CPF acreage but the shape of the CPF site is too constraining for a functional site plan for the church. The functional needs of the church, such as close access between buildings, cannot be achieved if the buildings are separated and sited around the Town Square as illustrated in the SPA conceptual design plans. The reconfiguration of the CPF site into a simple rectangle (as opposed to the "C" shape) provides for better site design. 16-55 n___ 1 _r A OTA Y RANCH VILLAGE 11 SPA AMENDMENT DESCRIPTION & JUSTIFICATION September 14, 2006 The proposed re-Iocation of the Town Square is consistent with the GDP, Village Eleven SPA and Parks Plan. The new central location of the Town Square maintains its status as a focal point in the village core. The Town Square will be bordered by church buildings on the north and west; Windingwalk Street and multi-family residential to the south; and Discovery Falls Drive and live/work buildings to the west. The buildings surrounding the Town Square will reinforce its character as a urban village gathering place. A tree-lined pedestrian path will connect through the Town Square to provide a segment of the village pathway. This segment will connect to the paseo to the west and to the widened sidewalk along Birch Road. The Village Eleven Parks, Recreation, Open Space and Trails Plan provides a description of the Town Square on page 2-8. This plan describes the Town Square as "located in the village core, serves as the main village focal point and reflects the pedestrian design and urban character of the village." Facilities are "envisioned as a traditional, formally designed park" that "will provide opportunities for passive recreation and community events." The proposed Town Square will provide the required facilities listed below and be designed with functional spaces for community events and daily community interaction. Focal point feature such as a gazebo, plaza or fountain Seating areas Open lawn areas . Paved walkways and lighting The proposed amendment will maintain the Core Master Precise Plan mandatory requirements (illustrated in Exhibit 28, page 74): . A village landmark at the terminus of Birch Road . Village landmark buildings at the terminus of Birch Road "Outdoor rooms" . Parking lots internal to the site A pedestrian paseo Pedestrian connections across Discovery Falls Drive . Village Core Promenade streetscapes The Core Master Precise Plan also requires an architectural focal point near the comer of Discovery Falls Drive and Windingwalk Street. The amendment will replace that requirement with a village landmark within the relocated Town Square. An illustration of the relocated Town Square and mandatory elements is provided to replace the Village Eleven Core Master Precise Plan, Exhibit 28, CentraLVillage Core Concept Plan. 16-56 n~~~"\_.t'A RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTA Y RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN AND VILLAGE CORE MASTER PRECISE PLAN - BROOKFIELD SHEA OTAY PROJECT L.P. WHEREAS, Exhibit "A" is commonly known as the Sectional Planning Area (SPA) Plan Site Utilization Plan Map exhibit; and, WHEREAS, an application (PCM-07-05) to amend the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan was filed with the City of Chula Vista Planning and Building Department on October 2, 2006, by Brookfield Shea Otay Project L.P. (Applicant); and, WHEREAS, the application requests an amendment to the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan including the Village Core Master Precise Plan (MPP), modifying the text and exhibits as necessary in order to allow for the relocation and reconfiguration of the Town Square Park (P-4) and the Pedestrian Easement across the 5.5-Acre Community Purpose Facility (CPF-l) site (Project); and, WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Second Tier Environmental Impact Report (FEIR) 01-02 for the Otay Ranch Village Eleven Sectional Planning Area Plan Project. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document; and, WHEREAS, the City Council has considered the Addendum and FEIR 01-02 before making a decision on this project, and, WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to all residents and property owners within the boundaries of Otay Ranch Village Eleven at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., November 14, 2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, J:\AltomeylRESO\PLANNING\?CM-07-05_ Y_Il_SPA_Amend_CCReso_Spa Reso Dra,~~gsr Resolution No. 2008- Page 2 WHEREAS, the Planning Commission recommended denial by a vote of 5-2-0-0 of the Project and said hearing was thereafter closed; and WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City ofChula Vista on said Project; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 14, 2007 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Second Tier Environmental Impact Report (FEIR) 01-02 for the Otay Ranch Village Eleven Sectional Planning Area Plan Project. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document. Ill. ACTION Based on the evidence and record presented, including the Addendum and FEIR, the City Council concurs with the opinion of the Environmental Review Coordinator, and finds that there is substantial evidence justifying the decision not to prepare a subsequent Negative Declaration or EIR. The City Council hereby approves the amendment to the Otay Ranch Village Eleven SPA Plan, including the Village Core Master Precise Plan, to allow for the relocation and reconfiguration of the Town Square Park (P-2) and the relocation of the recorded Pedestrian Easement from the center of the 5.5-Acre Community Purpose Facility (CPF-I) site to the northern boundary of the 5.5-Acre Community Purpose Facility (CPF-l) site. The amendment shall incorporate all of the changes in text and exhibits identified on Exhibit "A." The approval of the amendment is based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch General J:\Attomey\RESO\PLANNING\PCM-07-05_ V_ll_SPA_Amend_CCReso_Spa Reso Dra,~~gr Resolution No. 2008- Page 3 Development Plan, and all other applicable Plans. The public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. SPA PLAN FINDINGS A. THE OTAY RANCH VILLAGE ELEVEN SPA PLAN AMENDMENT IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN. The SPA amendment is consistent with the Otay Ranch General Development Plan (GDP) and the City of Chula Vista General Plan. In addition, this SPA amendment and the accompanying revised Tentative Map include conditions to ensure conformity with the Otay Ranch GDP and the General Plan. The amendment requires revisions throughout the Otay Ranch Village I I SPA Plan and Village Core Master Precise Plan text and exhibits to accommodate the reconfiguration of the Community Purpose Facility (CPF-I), which proposes the relocation of the Town Square Park (P-4) from the center of the CPF-I site at the terminus of Birch Road to the northwest corner of Discovery Falls Drive and Windingwalk Street, and the relocation of the recorded public easement from the center of the 5.5-Acre CPF-I site to the northern boundary of the CPF site. With regard to the relocation of the Town Square Park (P-4), a focal point open space accessible to the public shall be provided in the form of a central plaza or square on the CPF-I site at that same focal point location that the Town Square was originally located as a condition of approval on any site plan submitted for a Conditional Use Permit for the CPF-I site. With regard to the relocation of the recorded public easement through the center of the site from the village pathway on Discovery Falls Drive to the west to the Village Pas eo to the east, the recorded public easement will be relocated to the northern boundary of the CPF-I site, and a pedestrian connection accessible to the public shall be provided through the approximate center of the CPF -I site at the same location that the recorded public easement was previously located, or from the village pathway on Discovery Falls Drive to the west to the Village Paseo to the east as a condition of approval for a Conditional Use Permit for the CPF-I site. These requirements are necessary in order to make the findings that the proposed revisions still provide and maintain (I) an open space accessible to the public at and focal point center of the CPF-I site, and (2) a pedestrian connection accessible to the public at the approximate center of the CPF-I site, in fulfillment of the Village Eleven SPA Design Plan, Village Core Master Precise Plan, and Otay Ranch General Development Plan policies which call for provision of open space or community gathering places along with pedestrian connections and J:lAltomey\RESO\PLANNING\PCM-07-05_ V_ll_SPA_AmCl'Id_CCReso_Spa Reso Dra915-.z:.~.t Resolution No. 2008- Page 4 pedestrian orientation in the village cores of every residential village of Otay Ranch. In addition, the relocated Town Square Park (P-4) will contain similar landscape elements that were envisioned in the previously approved plans for the Town Square Park (P-4), and will incorporate additional amenities to provide additional programmable uses with the Town Square Park (P-4). B. THE PROPOSED AMENDMENTS TO THE OTAY RANCH VILLAGE ELEVEN SPA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch Village II SPA Plan amendment involves the reconfiguration of the Community Purpose Facility (CPF-I) site through the relocation of the Town Square Park (P-4) and the recorded public easement around a more consolidated 5.5-Acre Community Purpose Facility (CPF-I) site. However, in order to maintain the orderly sequentialized development of the SPA, the CPF-I site will be required to maintain an open space accessible to the public as well as pedestrian connection at the approximate center of the CPF -I site in order to maintain the open space and pedestrian orientation requirements within the village core. C. THE PROPOSED OTAY RANCH VILLAGE ELEVEN SPA PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed amendment will not adversely affect adjacent land uses, residential enjoyment, circulation or environmental quality. Residential enjoyment of the CPF -I site will be maintained as long as the CPF -I site provides an open space accessible to the public at the same focal point as where the Town Square was originally located at the terminus of Birch Road and provides a pedestrian connection across the approximate center of the CPF-I site, from the Village Pathway on Discovery Falls Drive to the west to the Village II Pedestrian Paseo to the east. Maintaining the open space accessible to the public and pedestrian connection at the focal point terminus of Birch Road at the approximate center of the CPF-I site will provide the required open space and pedestrian orientation amenities established in the policies of the Village Eleven SPA Design Plan, Village Core Master Precise Plan, and Otay Ranch General Development Plan. Through the design review process, the owner and/or operator of the CPF-I site will work on providing visual and aesthetic treatment to the pedestrian connection j:\AUomey\RESO\PLANNING\PCM-07-05_ V_II_SPA_Amend_CCReso_Spa Reso Dra'-s~t:erc Resolution No. 2008- Page 5 from the from the Village Pathway on Discovery Falls Drive to the west to the Village II Pedestrian Paseo to the east. In addition, it is expected that the owner and/or operator of the CPF-l site will work with surrounding homeowners and the Windingwalk Homeowner Association to ensure that their expectations for the open space accessible to the public and pedestrian connection at the focal point terminus of Birch Road at the approximate center of the CPF-l site will be maintained for the residential enjoyment, circulation or environmental quality of the surrounding community. For example, the owner and/or operator of the CPF-l site will coordinate with the Windingwalk Homeowner Association as to when and how the community will be notified in advance of any temporary closure of the open space accessible to the public and pedestrian connection at the focal point terminus of Birch Road at the center of the CPF-l site. The proposed Village Eleven SPA Plan amendment follows all existing environmental protection guidelines through the provision of mitigation measures specified in the Otay Ranch Village Eleven Final Second Tier EIR (EIR-OI-02) and the addendum that has been prepared for this amendment. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The Project does not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Project does not involve these Institutional, Recreational or similar uses. J:\Altomey\RESOIPLANNING\PCM-07-OS _ V_ll_SPA_Amend_CCRcso_Spa Reso Dra'-6~'6fc Resolution No. 2008- Page 6 F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The circulation system depicted in the Village Eleven SPA Plan is consistent with the Circulation system identified on the City's General Plan and Otay Ranch General Development Plan and contains adequate internal circulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. The Project will not add any new traffic volumes. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). The project does not propose commercial development. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The area surrounding the proposed amendment areas on the Village Eleven SPA Plan was already planned and is being developed consistent with the approved plans and regulations applicable to surrounding areas and therefore, said development can be planned and is zoned in coordination and substantial compatibility with said development. The proposed amendment to the Village Eleven SPA Plan with conditions is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. V. CONDITIONS OF APPROVAL The City Council hereby grants the Village Eleven SPA Plan Amendment PCM-07-0S subject to the following conditions whereby the Applicant and all subsequent beneficiaries shall: A. The applicant for the Conditional Use Permit for the CPF-I site shall provide an open space accessible to the public in the form of a plaza or square at the same original focal point location of the Town Square Park (P-4) at the terminus of Birch Road, to the satisfaction of the Director of General Services, Engineering and Planning and Building. B. The applicant for the Conditional Use Permit for the CPF-I site shall provide a pedestrian connection across the approximate center of the CPF -I site from the Village Pathway on Discovery Falls Drive to the west to the Village 11 Pedestrian Paseo to the east, to the satisfaction of the Director of General Services, Engineering and Planning and Building. J:\Attomey\RESO\PLANNING\PCM-07-05_ V_II_SPA_Amend_CCRcso_Spa Reso DraT~-~-~.~ Resolution No. 2008- Page 7 VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. CONDITIONED ON SUBSEQUENT ACTION It is the intention of the City Council that these SPA and Master Precise Plan Amendments are approved subject to and conditioned upon the approval of the Revised Tentative Subdivision Map for the Otay Ranch Village Eleven Section Planning Area, Otay Project L.P., Chula Vista Tract 07-02, and the reversal of the Planning Commission's denial of the Conditional Use Permit (PCC-07-064), both actions to occur on February 5, 2008; otherwise, this action should be automatically revoked and be of no force and effect ab initio VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: /'\ Jim Sandoval Planning and Building Director J:\A.ttomey\RESO\PLANNING\PCM-07-05_ V_II_SPA_Amend_CCReso_Spa Reso Dra~-g~Cgc RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN - BROOKFIELD SHEA OTAY PROJECT L.P., CHULA VISTA TRACT 07-02 WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. , and described on Chula Vista Tract 07-02, and is commonly known as Otay Ranch Village Eleven Tentative Map (Property); and, WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 07-02" (Project), was filed with the City ofChula Vista Planning and Building Department on October 2, 2006, by Brookfield Shea Otay Project L.P. (Applicant); and, WHEREAS, the application requests the approval of revisions to the location and configuration of the Town Square (P-4) and pedestrian easement through the center of the Community Purpose Facility (CPF-l) located at the center of the approximately 489 acre Village Eleven located east of Eastlake Parkway and south of Olympic Parkway; and WHEREAS, there is an existing blanket pedestrian access easement (Doc. No. 2005- 1108997) in the area that was formerly the Town Square Park (P-4). This easement is proposed to be abandoned so that the CPF site is unencumbered; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan (GDP) previously approved by the City Council in October 1993, and as amended in November 1998 and December 2005 wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 (Program FEIR 90-01); and, WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Second Tier Environmental Impact Report (FElR) 01-02 for the Otay Ranch Village Eleven Sectional Planning Area Plan Project. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document; and, J:\Altomey\RESO\MAPS\PCS..o7-02_ V.l \ _Revised_ TM_CCReso_Draft TM Reso Dra~rg.~-S.ifc Resolution No. 2008- Page 2 WHEREAS, the City Council has considered the Addendum and FEIR 01-02 before making a decision on this project, and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 07-02 (PCS-07-02) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to all residents and property owners within the boundaries of Otay Ranch Village Eleven at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on November 14, 2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended denial by a vote of 5-2-0-0 of the Project and said hearing was thereafter closed; and WHEREAS, a public hearing was scheduled before the City Council of the City ofChula Vista on proposed Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 07-02 (PCS-07-02), and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 14, 2007, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Second Tier Environmental Impact Report (FEIR) 01-02 for the Otay Ranch Village Eleven Sectional Planning Area Plan Project. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document. III. ACTION Based on the record and evidence presented, including the Addendum and FEIR, the City Council concurs with the opinion of the Environmental Review Coordinator, and finds that there is substantial evidence justifying the decision not to prepare a subsequent Negative Declaration or EIR. The City Council hereby approves the resolution approving J:\Attomey\RESO\MAPSIPCS-07-02_ V-I I_Revised_ TM_CCReso_Draft TM Reso Dra,~~~.og: Resolution No. 2008- Page 3 the Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 07-02 (PCS- 07-02) involving 489-acres of land known as the Otay Ranch Village Eleven Tentative Map in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Village Eleven SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 07-02 (PCS-07-02) as conditioned, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Village Eleven Sectional Planning Area (SPA) Plan, based on the following: 1. Land Use The Project is in a planned area that provides urban village uses authorized by the Village Eleven Sectional Planning Area (SPA) Plan. The Revised Tentative Map reconfigures the Community Purpose Facility (CPF-l) site and relocates the Town Square Park (P-4) to the northeast corner of Discovery Falls Drive and Windingwalk Street. However, the reconfigured Community Purpose Facility (CPF-I) site will provide a focal point open space accessible to the public in the form of a central plaza or square on the CPF-l site at that same focal point location that the Town Square was originally located as a conditions of approval on any site plan submitted for a Conditional Use Permit for the CPF-I site. 2. Circulation The Revised Tentative Map relocates the recorded public easement through the center of the CPF -1 site, which originally led pedestrians from the village pathway on Discovery Falls Drive to the west across the center of the CPF-l site and to the Village Paseo to the east, to the northern boundary of the CPF -1 site. However, in order to maintain the pedestrian orientation of the village core, a condition of Revised Tentative Map requires that a pedestrian connection accessible to the public shall be provided through the approximate center of the CPF -1 site at the same location that the recorded public easement was previously located, from the village pathway on Discovery Falls Drive to the west to the Village Paseo to the east. J:\Altomey\RESOIMAPSIPCS-07-02_ V_ll_Revised_TM_CCReso_Draft TM Reso Draftt~-~~.'Sc Resolution No. 2008- Page 4 In addition, this requirement to provide a pedestrian connection accessible to the public through the approximate center ofthe CPF-l site, from the village pathway on Discovery Falls Drive to the west to the Village Paseo to the east, shall also apply to the conditions of approval for the Conditional Use Permit for the CPF-l site. 3. Housing The Developer has already entered into an Affordable Housing Regulatory Agreement. The Agreement will set forth the number and location of affordable housing units in Village Eleven. 4. Parks. Recreation and Open Space The developer shall provide the I-acre Town Square Park (P-4) site to the satisfaction of the Directors of General Services, Engineering, Planning and Building. The developer will construct the Town Square Park (P-4) site at their own cost, and the developer shall be responsible for delivering the Town Square Park (P-4) site to the Windingwalk Homeowner Association once revised plans are approved by the City ofChula Vista. The Revised Tentative Map relocates the Town Square Park (P-4) site to the northeast corner of Discovery Falls Drive and Windingwalk Street, in lieu of the previous focal point location of the Town Square (P-4) park in the center of Village Eleven, at the terminus of Birch Road. Developer shall substantially complete the construction of the Town Square Park (P-4) within 9 months from the approval date of this Revised Tentative Map in accordance with plans approved by the Director of Engineering and General Services. In the event that the Revised Tentative Map is not approved, the Developer shall immediately commence construction of and diligently pursue to completion the Town Square Park (P-4) at the site identified in the original tentative map in conformance with conditions of approval for the original tentative map. The developer has or will also continue to provide development Park Acquisition and Development (PAD) fees in accordance with CVMC 17.10 as part of their continued residential development. 5. Conservation The FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Resource Management Plan requires conveyance of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. J:\Atlomey\RESQ\MAPS\PCS-07-02_ V_ll_Revised_TM_CCReso...praft TM Rcso Drafl1-oSO.:.:~1 Resolution No. 2008- Page 5 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Village Seven SPA Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise All buildings are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highwav The roadway design provides wide landscaped buffers along Eastlake, Hunte and Olympic Parkway. There is no scenic highway adjacent to the Project. 11. Bicvcle Routes Bicyclists will share internal streets with motor vehicles due to the anticipated low traffic volumes and limited speeds allowed on residential streets. 12. Public Buildings Public buildings are not proposed on the Project site. V. CONDITIONS OF APPROVAL The City Council hereby grants the Revised Village 11 Tentative Map PCS-07-02 subject to the following conditions whereby the Applicant and all subsequent beneficiaries shall: 1. The conditions imposed on the grant of Tentative Map approved October 23, 2001, Revised Tentative Map May 27, 2003 and Revised Tentative Map April 4, 2006 remain and are approximately proportional both in nature and extent to the impact created by the proposed development. The applicant shall continue J;\Attorney\RESO\MAPS\PCS.07-02_ V.l1_Revised_TM_CCReso_Orafl TM Reso Draftto6~~.'ac Resolution No. 2008- Page 6 towards the completion of the development of Otay Ranch Village 11 in compliance with all of the conditions of Tentative Map approved in association with the Otay Ranch Village 11 Sectional Planning Area (SPA) Plan on May 23, 2001, to the satisfaction of Directors of General Services, Engineering, Planning and Building. 2. The applicant shall submit revised master sewer study with all proposed changes included by June 2008. Show proposed sewer connections in both Discovery Falls Drive and Windingwalk Street to the satisfaction of the City Engineer. 3. The applicant shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements. Further, the applicant shall file a Notice of Intent (NOI) with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures and shall identify funding mechanisms for post-construction control measures to the satisfaction of the City Engineer. 4. The applicant shall comply with the requirements of Section F .l.b. (2) of the NPDES Municipal Permit concerning Standard Urban Storm Water Mitigation Plans (SUSMP), and Numeric Sizing Criteria. The applicant shall comply with those requirements in accordance with the Model Standard Urban Storm Water Mitigation Plan for San Diego County, Port of San Diego, and Cities in San Diego County to the satisfaction of the City Engineer. 5. The applicant shall provide a water quality study is required to identify potential storm water pollutants generated at the project site during and after construction, and propose Best Management Practices (BMPs) to reduce those pollutants to the maximum extent practicable. In addition to general permanent structural and non- structural Best Management Practices, Low Impact Development (LID) principles must be incorporated into the project to the satisfaction of the City Engineer. 6. The Developer shall design, engineer, construct, at its own expense, the I-acre park site (P-4) (Town Square Park), to be located at the corner Discovery Falls Drive and Winding Walk Street according to approved plans, drawings and specifications. The Developer shall have substantially completed the construction ofthe Town Square Park to the satisfaction and subject to the approval ofthe City Engineer, within nine (9) months from the approval of this Revised Tentative Map. Substantial completion shall not include the maintenance and establishment period for plants, trees, and vegetation (Maintenance and Establishment Period), with such Maintenance and Establishment Period to commence immediately following successful completion of all work and/or correction of any unfinished work, such as punch-list items, to the satisfaction and subject to the approval of 1:\Attomey\RESO\MAPS\PCS-07.02_ V_ll_Revised_TM_CCReso_Draft TM Reso Dra9-~-~-~'~c Resolution No. 2008- Page 7 the Director of Engineering & General Services. Prior to the end of the Maintenance and Establishment Period, the Developer shall enter into an agreement, which is satisfactory to the City Attorney's Office, with the Windingwalk Homeowner's association for the long-term maintenance of the Town Square Park (Long-Term Maintenance Agreement). Following the inspection and approval of the Town Square Park by the Director of Engineering & General Services at the end of the maintenance/establishment period and the recording of the executed Long-Term Maintenance Agreement, the Director of Engineering & General Services shall release the previously placed Park Bond number 2176553. 7. Prior or during the Town Square Park (P-4) construction, the applicant shall install additional concrete along the relocated Village Pathway to create a minimum 8-ft. wide sidewalk to the satisfaction of the City Engineer and the Director of Planning and Building. If necessary, in the opinion of the City, the applicant shall relocate all transformers and other utility facilities outside and away from the minimum 8-ft. wide sidewalk. 8. The applicant for the development of the CPF-I site shall be required to provide, to the satisfaction of the Directors of General Services, Engineering, Planning and Building, a focal point open space accessible to the public in the form of a central plaza or square and a pedestrian connection accessible to the public through the approximate center of the CPF-I site at the same location that the recorded public easement (Document No. 2005-1108997) was previously located, from the village pathway on Discovery Falls Drive to the west to the Village Paseo to the satisfaction of the Planning and Building Director. 9. The applicant for the development of the CPF-I site shall be subject to a Conditional Use Permit that includes conditions pertaining to a focal point open space accessible to the public in the form of a central plaza or square and a pedestrian connection accessible to the public through the approximate center of the CPF-I site addressing any exceptions or limitation to public access to the satisfaction ofthe Planning and Building Director. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the previously established conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. CONDITIONED ON SUBSEQUENT ACTION It is the intention of the City Council that this Revised Tentative Subdivision Map for the Otay Ranch Village Eleven Section Planning Area, Otay Project L.P., Chula Vista Tract 07-02 is approved subject to and conditioned upon the approval of the SPA and J:\Allomey\RESO\MAPS\PCS-07-02_ V_ll_Revised_TM_CCReso_Draft TM Resa Drnftlf~~1.nc Resolution No. 2008- Page 8 Master Precise Plan Amendments and the reversal of the Planning Commission's denial of the Conditional Use Permit (PCC-07-064), both actions to occur on February 5, 2008; otherwise, this action should be automatically revoked and be of no force and effect ab initio VIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Jim Sandoval Planning and Building Director Presented by: J:\AttomeyIRESQ\MAPS\PCS-07..oZ_ V_ll_Revised_ TM_CCReso_Draft TM Reso Dra~~-~-1.t RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PARCEL MAP ADJUSTING THE LOT LINES OF LOT 10 AND LOT "B" OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 "A" MAP NO.2, MAP NO. 14780, WHICH ACCEPTS THE EASEMENT FOR PEDESTRIAN ACCESS GRANTED ON SAID PARCEL MAP AND VACATES EASEMENTS FOR PEDESTRIAN ACCESS GRANTED PER DOCUMENT RECORDED DECEMBER 28, 2005 AS DOCUMENT NO. 2005- 1108997 AND GRANTED PER MAP NO. 14780, RECORDED APRIL 30, 2004, BOTH OF OFFICIAL RECORDS WHEREAS, the developer, Brookfield, Shea Otay, LP (BSO), has submitted a Lot Line Adjustment Parcel Map for the adjustment of lots associated with the Village 11 Town Square (P-4) and the CPF-1 site along with a request to vacate the existing easements for Pedestrian Access granted per document recorded December 28,2005 as Document No. 2005-1108997 and granted per Map No. 14780, Recorded April 30, 2004 both of Official Records; and WHEREAS, the justification for vacating the existing easement for Pedestrian Access crossing the Town Square and the CPF -1 sites is that a new easement for Pedestrian Access along the CPF -1 sites northern property line is being granted as shown on the proposed parcel map in conjunction with a pedestrian pathway accessible to the public that will be provided through the approximate center of the CPF -1 Site as a condition of the CUP (PCC 07-064), WHEREAS, the amendments to the Otay Ranch Village Eleven SPA Plan and Village Core Master Precise Plan propose to reconfigure the site such that the existing public pedestrian access easements would encumber the CPF site, WHEREAS, the proposed amended Tentative Map and the proposed CUP with all the proposed conditions under Council's consideration tonight obviates the need for the existing pedestrian easements, WHEREAS, in accordance with the provisions set forth in Section 66445(j) of the Subdivision Map Act, said easements for Pedestrian Access are vacated and abandoned by the filing of said Parcel Map with the County Recorder: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find that the subject Parcel Map is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map proposing the lot line adjustments shown thereon is hereby approved and accepted. Boundary of said parcel map is more particularly described as follows: C:\Documents and SCllings\cY'lthiam\Local Setlings\Temporary Internet Fi'es\OLKC4\Parr'<<.! '1~Draft 3_02-05-08.doc Resolution No. 2008- Page 2 Being a lot line adjustment ofLotslO and Lot "B" of Final Map No. 14780, filed in the office of the County Recorder of San Diego County on April 30, 2004, all in the City of Chula Vista, County of San Diego, State of California. Area: 1.1 75 Acres Numbered Lots: 1 Total No. Lots: 2 Lettered Lots: 1 BE IT FURTHER RESOLVED that the Resolution shall not become effective unless and until the SPA Plan Amendment, Master Precise Plan Amendment, and the associated CUP (PCC 07-064) are approved. In the event the above-mentioned documents are not approved, this Resolution shall become void and be of no further force or effect. BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said parcel map, and that that certain easement, as granted thereon and shown on said parcel map, is accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does hereby authorize and direct the City Clerk of the City of Chula Vista to endorse upon said map the certificate vacating the abovementioned easements for Pedestrian Access, due to the finding that they are being replaced, are no longer required for pedestrian access or any other public use and would encumber the proposed uses of the reconfigured lots. BE IT FURTHER RESOLVED, the City Engineer shall advise the City Clerk of the completion ofthe aforementioned conditions, and the City Clerk shall then cause a certified copy of this Resolution attested by him under seal, to be recorded in the Office of the County Recorder. Jim Sandoval Planning and Building Director Presented by: C:\Documents and Settings\cynthiam\Local Settings\Temporary Internet Files\OLKC4\Parrl~!. r~rafl3_02'05-08.dOC CITY COUNCIL AGENDA STATEMENT :$"!~ CITY OF '- =.-=.- CHUlA VISTA Item No.: 11 Meeting Date: 2/5/08 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING THE APPEAL OF CONDITIONAL USE PERMIT (PCC 07-064), REVERSING THE DECISION OF THE PLANNING COMMISSION TO DENY THE CONDITIONAL USE PERMIT (PCC-07-064), AND APPROVING CONDITIONAL USE PERMIT (PCC-07-064) FOR THE DEVELOPMENT OF THE CONCORDIA LUTHERAN CHURCH, PRE-SCHOOL, AND PRIVATE ELEMENTARYIMIDDLE SCHOOL, LOCATED IN OTAY RANCH WINDINGWALK VILLAGE 11, AT THE TERMINUS OF BIRCH ROAD AT DISCOVERY FALLS DRIVE SUBMITTED BY: JAMES D. SANDOVAL, DIRECTOR OF PLANNING AND BUILDIN REVIEWED BY: DAVID M. GARCIA, CITY MANAGER SCOTT TULLOCH, ASSISTANT CITY M 4/5THS VOTE: ~ AGER "";>J YES NO X INTRODUCTION On April 10, 2007, Concordia Lutheran Church and School submitted the Conditional Use Permit (CUP) application for the development of a 5.5-acre Community Purpose Facility (CPF) site in the Village II (Windingwalk) of Otay Ranch (see Attachment No. I). The project consists of a church with a 225-student kindergarten through eighth grade school and a 192- student pre-school. The proposed development will consist of four buildings: a 19,200-square foot two-story classroom/fellowship hall; a 12,600-square foot single-story pre-school classroom building; a 15,100-square foot multi-purpose gymnasium; and a 13,900-square foot church sanctuary building with a seating capacity of 600 seats. The proposed site plan provides 224 parking spaces for students, parents, church patrons, and 40 full-time employees. Development of the site plan with the configuration as proposed would require the approval of the CUP along with an Amendment to the Village II Sectional Planning Area (SPA) Plan and a 17-1 Date, Item No.: l:r Meeting Date: 2/5/08 Page 2 of 11 Revised Tentative Map. This agenda statement addresses the appeal of the denial of the CUP by the Planning Commission. A separate report has been prepared for the SPA Amendment and Revised Tentative Map. RECOMMENDATION That the City Council grant the Appeal of CUP (PCC-07-064), reverse the decision of the Planning Commission to deny CUP (PCC-07-064), and adopt a resolution approving CUP (PCC- 07-064) in accordance with the findings and subject to the conditions contained therein. BOARDS/COMMISSION RECOMMENDATION The Planning Commission considered the CUP (PCC-07-064) on November 14, 2007, and the Planning Commission voted 5-2-0-0 to deny PCC-07-064. Please refer to the discussion below under Planning Commission record. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Final Second Tier EIR (EIR-OI-02) for the Otay Ranch General Plan AmendmentsNillage 11 Sectional Planning Area Plan and Tentative Map, and the Addendum to EIR-01-02 approved September 19, 2007 for the associated Village 11 SPA Amendment application (PCM-07-05) and Revised Tentative Map application (PCS-07-02). Thus, no further environmental review or documentation is necessary. BACKGROUND On October 2, 2006, Brookfield Shea Otay (BSO), the developer of Otay Ranch Windingwalk Village 11, submitted a SPA Plan and Master Precise Plan (MPP) Amendment and Revised Tentative Map application. The amendments and revisions propose to relocate the Village 11 Town Square from the easterly terminus of Birch Road to the northeast comer of Discovery Falls Drive and Windingwa1k Street. The proposal also includes the relocation of the pedestrian easement from the easterly terminus of Birch Road to the northern property boundary of the proposed CPF site. In addition, consistent with the processing policy, a CUP application by the proposed user of the CPF -1 site was required prior to further review of the SPA Amendment and Revised Tentative Map. Concordia Lutheran Church and School submitted the CUP application on Apri110, 2007. After the first review of the CUP application, staff met with BSO and the Lutheran Church to assess their needs and the ability to provide and maintain design elements of the focal point center of the village core identified in the Village 11 Plan. Several site plan iterations were sketched and general agreement was reached on how a possible redesign and reconfiguration of the CPF and Town Square could be designed to maintain the primary vision for this area. Specifically: 17-2 Date, Item No.: l::.r Meeting Date: 2/5/08 Page 3 of 11 1. That the proposed central plaza serving as the open space focal point view at the terminus of Birch Road be provided and maintained as a community gathering space, to serve a similar design and community function as the Town Square would have in the same location, and 2. That a pedestrian path through the central plaza be provided and maintained as a mid- block pedestrian connection to the village paseo, to serve a similar design and community function as the 20-ft. wide public easement would have in the same location. On July 27, 2007, a revised site plan was submitted incorporating certain modifications to address the community gathering space and pedestrian connection through the site noted above; namely, the 70-ft wide plaza shown on the previous CUP application was increased to 90-ft. clear between arcades of the Pre-School and Fellowship Hall buildings, to align with the l20-ft. Birch Road right-of-way width and further encourage public access, and the pedestrian connection was revised to show a mid-block pedestrian connection around the Sanctuary/Worship Building which could encourage pedestrians to access the village paseo located along the eastern property boundary through the site. On November 5, 2007, the Design Review Committee (DRC) preliminarily reviewed the project. At the meeting, the DRC commented on the appropriateness of proposed pitch roof design of the gymnasium building in relation to the Irving Gill architecture throughout the complex. The DRC also requested and the applicant agreed to provide more details regarding colors and materials, such as stone, as part of the final DRC approval plans. The DRC also suggested that certain site plan features be enhanced. Staff noted and the applicant concurred in their presentation that the central plaza could be enhanced with more landscaping and seating. It was also noted by DRC Chairperson Bringas that the pedestrian connection from the central plaza to the village paseo, which is not clearly visible from Discovery Falls Drive, could be improved with more elements such as landscape features and/or pavement. The DRC approval will be processed once the CUP process is completed. DISCUSSION Project Setting The project site consists of a vacant 5.5l-acre area parcel located at the easterly terminus of Birch Road in the village core of Winding walk (Village 11). Birch Road terminates into the site coming from the west, where it T's into Discovery Falls Drive to the east. The project site can be viewed from Eastlake Parkway and the Otay Ranch Town Center. The site has been rough graded and is generally flat; however, there is a significant slope to the south down to Windingwalk Street where the relocated park and the church multi-purpose gymnasium are to be located. A single vehicular access to the project site will be provided along Discovery Falls Drive near the Private Recreational Facility (PRF) site and south of the Exploration Falls Drive roundabout. 17-3 Date, Item No.: \-:j. Meeting Date: 2/5/08 Page 4 of 11 The driveway is approximately 300-ft. to the north of Birch Road. The applicant proposes to relocate the recorded 20- ft. public easement that currently exists at the center of the site to the northern boundary of the property, adjacent to the PRF site. The public easement sidewalk will connect to the terminus of the Village Paseo, which runs north from Hunte Parkway to the PRF site. General Plan, Land Use and Zoning The General Plan and Otay Ranch GDP describe Village Eleven as a typical residential village including single-family, multi-family and mixed-uses. The village core provides all of these land uses, with multi-family and commercial mixed-uses across the street from the CPF-l site. The CPF-l site is the focal point site at the center of the village core in Village Eleven. The proposed church, pre-school and elementary/middle school site is shown and listed as a CPF land use in the PC District Regulations, and the property is zoned CPF-l. All of the CPF permitted uses are subject to a Design Review approval by the DRC and a CUP approval by the Planning Commission. The current surrounding land use designations, zoning and land uses are: North: Private Recreational Facility (PRF), Pool Clubhouse and Rose Garden South: Multi-Family Neighborhood R-18 "Clover" by Shea Homes East: Chula Vista Elementary School District Site (S-l) West: Birch Road Terminus, Live-Work Storefront Commercial (MU-l - "The Marketplace") and Three Multi-Family Neighborhoods (Combined R-24 and R-25- "Saguaro," "Agave" and "Aristata"). Project Description The proposal is for a 13,900-sq. ft. church sanctuary building with a seating capacity of 600 seats to be located directly behind a central plaza, which will serve as the architectural and landmark focal point of the CPF site at the terminus of Birch Road. The project also includes a 225- student K - 8 elementary/middle school and 192-student pre-school. Dual school and church buildings consist of a 19,200-sq. ft. two-story classroom/fellowship hall to the north of the central plaza, and a 12,600-sq. ft. single story pre-school classroom building to the south of the central plaza. A 15,1 OO-sq. ft. multi-purpose gymnasium is proposed to be located in the southeast comer of the CPF site along Windingwalk Street, east of the relocated Town Square (P-4) located at the comer of Discovery Falls Drive and Windingwalk Street (See Attachment No.2). A 224-space parking lot is primarily located in the northeast quadrant of the site, and the parking 17-4 Date, Item No.: l:t Meeting Date: 2/5/08 Page 5 of 11 field essentially fills out the remainder of the site behind the pre-school building, the worship center and the gymnasium building adjacent to the Village Paseo and the Chula Vista Elementary School District Site (S-l). According to the project description, there are five different program activities that can occur within the four different buildings with the following primary hours of operation: Saturdav Sundav Mondav Tuesdav Wednesdav Thursdav Fridav Sanctuary: 4pm-12pm 6:30am- 7pm- 9pm 7pm- 9pm 7pm- 7pm- 7pm- 1:30om 9pm 9nm 9nm Pre-School: Closed Closed 6am-7pm 6am-7pm 6am- 6am- 6am- 70m 70m 70m Fellowship Hall: 9am- 8am- 8am-lOpm 8am- 8am- 8am- 8am- (K-8 School) 9pm 8pm IOpm IOpm IOpm IOpm K-8 School: Closed Closed 8am- 8am- 8am- 8am- 8am- 3 :30om 3 :30om 3 :30om 3:30nm 3 :30om Gymnasium: 9am- 9am- 6am- 6am- 6am- 6am- 6am- 90m 90m 90m 90m 9pm 90m 9nm The traffic study report concluded that special events such as holiday services, and rehearsals for special events such as weddings, funerals, etc. are occasional and typically occur during off-peak hours and therefore do not need to be evaluated for weekly scheduling. A parking analysis has been prepared as part of this traffic study report. The traffic report concludes that the 224-space parking lot will exceed the needs of the project site for a church, pre-school and elementary/middle school. The traffic report determined that there is a typical weekend demand of 171 spaces and a typical weekday demand of 124 spaces, provided the primary hours of operation are adhered to and maintained. The greatest parking need is for the worship center on weekends and the school on weekdays. These uses do not occur simultaneously so there would be adequate parking for typical church functions. Staff Analysis The following issues were specifically evaluated in the context of the proposed proj ect and associated CUP findings: Site Plan The site layout is similar to the conceptual illustrations provided in the original Village II SPA Plan Village Design Plan and Village Core Master Precise Plan, where community purpose buildings were shown surrounding a town square park. The church/school campus, consisting of four buildings totaling 60,800-sq. ft. of gross floor area, arranges itself around a central plaza and relocates the Town Square to the comer of the site at the intersection of Discovery Falls Drive and Windingwalk Street. While the multi-purpose gymnasiillll is visible from Windingwalk, there is no pedestrian access to the site along 17-5 Date, Item No.:~ Meeting Date: 2/5/08 Page 6 of 11 Windingwalk Street except from the Village Paseo. The Village 11 Design Plan and MPP had envisioned a vehicular and pedestrian connection to the CPF-1 site from Windingwalk Street. The grade of the site slopes downward from north to south across the CPF site. The majority of the down slope of the CPF site is taken up entirely along Windingwalk Way, as well as on the north and east sides of the Town Square comer park. By relocating the Town Square to the comer, the applicant eliminates any slope impacts on the CPF site, so that the proposed central plaza, courtyards and arcades between the four campus buildings can create flat "outdoor room" open space areas. There are no specific design standards established by the Village 11 SPA Plan PC District Regulations or the Zoning Code for outdoor playground areas for pre-schools or private elementary schools. The site plan shows a playground on the north side of the pre-school building designed to meet the required size and dimension imposed by state regulations. There is also a small grass area between the gymnasium and the Village Paseo that could be used by elementary/middle school students. Specific building height and setback zoning standards are specified for the CPF site in the Planned Community (PC) District Regulations, but may be modified by design review. All buildings meet the 35-ft. height and 15-ft. setback recommended without requesting any deviation. The sanctuary building would have a steeple element that reaches 45-ft. in height, which is permitted as an architectural feature. The two-story classroom building/fellowship hall and the multi-purpose gymnasium are 35-ft. tall. The one-story pre-school building is 22-ft. in height. The tower elements on each side of the central plaza are 35-ft. and 28-ft. tall respectively. Architecture The Village 11 SPA Village Design Plan and the MPP guidelines state that the Irving Gill architectural theme should influence the architecture of the buildings, utilizing simple massing, strong window rhythms and patterns, arched entry portals and low slung hip roofs. In addition, buildings should incorporate massing of larger buildings and shall incorporate vertical elements such as towers. The building materials used should include colors, forms and textures including stone in conformance with the Windingwalk Village and Otay Ranch theme. The conceptual plans and elevations would meet the mandatory site plan elements of the Village 11 SPA Design Plan and MPP, which require architectural focal point and landmark features such as the proposed raised box arched canopy tower features on the corners of the pre-school and fellowship hall buildings. The worship center building also proposes a focal point landmark steeple or tower feature. Arcades located along the building sides serve as pedestrian walkways and are a typical Irving Gill design feature. As noted above, the DRC provided a preliminary Design Review on November 5, 2007. A formal Design Review application has not yet been submitted. Per the preliminary Design 17-6 Date, Item No.: \ 1- Meeting Date: 2/5/08 Page 7 of 11 Review comments of the CUP plans, the colors and materials, such as stone, to be utilized on the buildings or arcade elements, and will be further defined when the DRC application is made. The applicant has agreed to meet or exceed the mandatory site plan elements for providing the central plaza as an open space accessible to the public and the mid-block pedestrian connection through the central plaza to the Village Paseo to be exceptional in design along with the architectural design for their buildings. Landscaping A conceptual landscape plan will also be provided as part of the Design Review application to be submitted. The landscape plan will provide details showing that there is a minimum 10 percent landscape coverage within the 224 -parking space parking area and overall minimum 15 percent landscaping for the entire site. Parking According to the Village 11 SPA Plan PC District Regulations, parking requirements for CPF uses are to be determined during design review of the site plan. A project specific traffic study, that included a parking analysis, was prepared for the project. According to the traffic study, the 224-space parking lot would exceed the typical daily needs of the Church. There is a typical weekend demand of 171 spaces and a typical weekday demand of 124 spaces. The greatest parking need is for the worship center on weekends and the school on weekdays. These uses do not occur simultaneously so there would be adequate parking for typical church functions. With regard to special events such as holiday services and rehearsals for special events such as weddings, funerals, etc. the traffic study concluded that special events are occasional and typically occur during off-peak hours and therefore do not need to be evaluated for weekly scheduling. However, staff is requiring as a condition of approval that the applicant be responsible for providing adequate parking for all special events on the subject property for all uses and hours of operation that are above and beyond those specified in the primary hours of operation. If it is determined by the Planning Director that existing on-site parking is insufficient to meet parking needs during special events, such that the shortfall causes off-site parking impacts, the applicant will prepare and submit a parking analysis for all future special events and shall take any action necessary to ensure adequate parking will be provided to the satisfaction of the City. Planning Commission Record On November 14, 2007 the Planning Commission held a public hearing regarding the CUP application, in conjunction with the Village 11 SPA Amendment and Revised Tentative Map, since the CUP is the implementing project. The CUP application was denied by a vote of 5-2, 17-7 Date, Item No.: 1-=/ Meeting Date: 2/5/08 Page 8 of 11 after which the Planning Commission then considered making their recommendation regarding the proposed Village 11 SPA Amendment and Revised Tentative Map. The Planning Commission then denied the SPA Amendment and Revised Tentative Map by a vote of 6-1, based primarily upon the fact that absent the approval of the CUP application there was no specific project associated with the proposed Village 11 SPA Amendment and Revised Tentative Map (See Planning Commission Minutes, Attachment No.3). The Planning Commission based their decisions on the following: 1. The need to relocate the town square from its current SPA plan configuration at the center of the site was viewed by members of the Planning Commission as unnecessary in order to provide a viable site for the proposed Church, Pre-School and Elementary/Middle School facility. (a) Based on exhibits provided by community members showing various site plan layouts for the facility, the Planning Commission concluded that the proposed Church, Pre- School and Elementary/Middle School facility could be reconfigured around the central location of the Town Square as originally envisioned in the Village 11 SPA plan. 2. The proposed Church, Pre-School and Elementary/Middle School facility raised a number of issues that were viewed by members of the Planning Commission as undesirable and not contributing to the general well being of the neighborhood or the community, such as: (a) Public Accessibility, Circulation, Traffic, and Parking: Based on testimony and exhibits provided by community members, the Planning Commission considered that there were outstanding issues related to public accessibility and use of the central plaza, circulation through the mid-block pedestrian connection to the Village Paseo, the hours of operation for ancillary activities beyond the primary uses of the church and schools, and the effects of these ancillary uses on traffic and parking. (b) Relocation of the Park Site is not Beneficial to the Community: The Planning Commission concurred with public testimony and exhibits provided by community members that the reconfiguration of the Town Square from the focal point center of the village core to a corner park reduces its visibility and viability as a public access space and as a component of the village core, and that it generally becomes a less favorable public use space with a secondary presence within the village core compared to what was envisioned in the original Village 11 SPA Plan and Village Core Master Plan. Conditional Use Permit Appeal Application On November 20, 2007 the CUP applicant filed an appeal application form with the Planning Department, in compliance with Chula Vista Municipal Code (CVMC) 19.14.110. The code 17-8 Date, Item No.:~ Meeting Date: 2/5/08 Page 9 of 11 states that an applicant may appeal the decision of the Planning Commission to the City Council within 10 days after the decision, and shall specify wherein there was an error in the decision by the Planning Commission. The reason given on the appeal form was that "staff reports and presentations were unclear and contained errors that negatively influenced the decisions reached by the Planning Commission. " Staff requested that the applicant elaborate further as the reason for the appeal. On January 5, 2008 the applicant provided a letter that outlined two primary issues: (1) Constraints to the Concordia Church site design and operations by imposing a requirement for a public plaza and public pedestrian path through the center of the CPF site. The Church is a private facility with a responsibility for safeguarding children in its care, so it must have the ability to control public access. The Church site plan provides the mandatory pedestrian connection between the paseo and the CPF site. The Church will allow the public to access that pedestrian connection and the plaza in front of the Church, but those facilities should not be described as "public" when they are in fact, private. The Church has agreed to post planned closures of the plaza and pedestrian path 24 hours in advance. The proposed SPA Amendment also provides two additional pedestrian connections in proximity to the CP F site: a public access easement paseo along the northern boundary of the CPF site and public access through the Town Square. Staff response to this major issue is that the mandatory site plan elements of the CPF site include the provision of: (1) "outdoor rooms" such as courtyards, plazas, and arbor walkways, and (2) a pedestrian connection to the paseo. As noted in the background discussion, prior to making the CUP application the applicant agreed to provide (1) the central plaza as the open space focal point view at the terminus Birch Road as a community gathering space accessible to the public, and (2) the pedestrian path through the central plaza to the village paseo as a pedestrian path accessible to the public. Reference to these "outdoor rooms" may be described as either "public access" open space, which is the language used in the Otay Ranch General Development Plan (GDP) for public or privately owned open space within a village core, or they may be described, as the applicant prefers, as a "community gathering space." Upon further discussions with the applicant the terms that acknowledges the CPF -1 site as private property with some provisions for the public to use is "open space accessible to the public" and "pedestrian connections accessible to the public." In addition, the CUP application relies upon the approval of the proposed Village II SPA Amendment and Revised Tentative Map applications, where the required findings within the resolutions for each of these application refers to the aforementioned mandatory site plan elements as public access open space and as a publicly accessible pedestrian connection to the paseo. Staff and the applicant have agreed to refer to these spaces as "open space accessible to the public" and "pedestrian connections accessible to the public." 17-9 Date, Item No.: \-=1- Meeting Date: 2/5/08 Page 10 of 11 Also, as noted above, the church may close the privately held central plaza and pedestrian path for special events by posting 24-hour notice in a manner acceptable to the community, such as on a central plaza message board. The church will be providing a 20-1'1. recorded public easement on the northern boundary of their property that includes a paved and landscaped sidewalk connection to the Village Paseo, and that the Town Square Park (P-4) to the south of the central plaza will provide another 8-ft. wide meandering sidewalk through the town square park to the Village Paseo, resulting in three pedestrian connections beyond the public walkways along Discovery Falls Drive. (2) Miscellaneous and unnecessary conditions including revisions to SPA graphics, widening of sidewalks, and off-site erosion control. A two-page summary of proposed revisions was attached to the appeal clarification letter, outlining proposed changes the applicant felt should be made to the staff reports, resolutions, and conditions for approval based on these two primary issues. Staff has included a summary response to each request in response t9 each of these proposed changes highlighted after each request (See Attachment No.4). CONCLUSION The proposed project will implement the goals, policies and objectives of the General Plan, the Otay Ranch General Development Plan, the Village II SPA Plan and the Village II MPP. Staff recommends the City Council grant the appeal of the CUP, reverse the decision of the Planning Commission to deny the CUP, and approve the CUP, provided City Council has previously considered and approved the Village 11 SPA Plan Amendment, Master Precise Plan Amendment, the Revised Tentative Map, and the related Parcel Map, which combined would allow for the reconfiguration of the CPF-l site and the relocation of the Town Square Park (P-4). As the validity of this CUP is dependent on the prior approval of the Village 11 SPA Plan Amendment and Revised Tentative Map, if the SPA Amendment and Revised Tentative Map were not approved, the approval of the CUP would not be permissible. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action. FISCAL IMP ACT The proposed project will not have an impact on the City's General Fund, and there are no fiscal impacts to the City coming from the preparation of the reports and resolutions for these discretionary applications, as all costs are covered by their respective deposit accounts. 17-10 Date, Item No.: \-::j- Meeting Date: 2/5/08 Page 11 of 11 ATTACHMENTS 1. Locator Map 2. Existing/Proposed Village Core Site Plan Map 3. Minutes of the November 14,2007 Planning Commission Public Hearing 4. Appeal Letter and Summary of Proposed Revisions, including the Staff Response 5. Application Documents with Disclosure Statements 6. Site Plans/Floor PlanslElevations Prepared by: Harold Phelps, Associate Planner, Planning & Building Department J: IPlanninglHAROLDIPCC-07-064 _ CC _ Report. doc J:\AttorneylDavidMiAgenda StatementsIPCC-07-064 CC Report CUP DRAFT21 02-05-08.doc - - - 17-11 / CHULA VISTA PLANNING LOCATOR ~~~~T: Brookfield Shea LLC. C)= No Scale AND BUILDING DEPARTMENT NORTH ALE NUMBER: PCM-07 -05 PROJECT DESCRIPTION: MISCELLANEOUS Project Description: Revised TM to allow the relocation of the P-2 Park site to the Southwest comer of Winding Walk 51. & DisooveryFa11s Dr. The lot acreages for both the CPF-2 site and the P-2 site remain the same P-2 = 1.0 acres, CPF-2 = 5.5 acres). Related cases: PCs.<l7-ll2 PROJECT North of Windingwalk Sl. & ADDRESS: South of Explorations Falls Dr J:\planning\carlos\locators\pcm-0705.cdr 10.10.06 ,A;rACHM a. co "'O~ Q) c: > co 0- ; . 0.. a: - . a.Q) ~I ~,~- ~:~<C~W; ~'~ ,C)'G):,,, ;\' ~= c: '- . ilq! -- O. ='U" _ ,,... --- ~ Il, i,(/) (.) ~3;i 1--' . . o~~ fl~j ~r ;. CO ,........., C,-_ "....-..- > ---:fF:-- A Tr4cHMeA.f;3 MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. November 14, 2007 Council Chambers 276 Fourth Avenue Chula Vista, California CALL TO ORDER: 6:04:17 PM Members Present: Tripp, Felber, Moctezuma, Vinson, Bensoussan, Clayton, Speth man ROLL CALL I MOTIONS TO EXCUSE: INTRODUCTORY REMARKS: Read into the record by Chair Tripp APPROVAL OF MINUTES: MSC (Spethman/Felber) (7-0) to approve minutes of November 7, 2007 as submitted. Motion carried. ORAL COMMUNICATIONS: No public input. PUBLIC HEARINGS I ACTION ITEMS: 1. Public Hearing: PCM 07-05; Consideration of amendments to portions of the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan and Village Core Master Precise Plan to allow for the relocation and reconfiguration of the Town Square from the easterly terminus of Birch Road to the northeast corner of Discovery Falls Drive and Windingwalk Way. PCS 07-02; Consideration of revisions to the Otay Ranch Village Eleven Tentative Subdivision Map: 1) relocating the Town Square from the easterly terminus of Birch Road to the northeast corner of Discovery Falls Drive and Windingwalk Way, and; 2) relocating the pedestrian easement to the village paseo from across the center of the CPF-1 site to the northern property line adjacent to the Private Recreational Facility (PRF) site. Applicant: Brookfield, Shea Otay, LP. 17-15 Minutes ofthe Planning Commission - 2 - November 14, 2007 2. Public Hearing: PCC 07-64; Consideration of a Conditional Use Permit for the development of the Concordia Lutheran Church Private Elementary/Middle School and Pre-School in the Village of Windingwalk (Village 11), located at the easterly terminus of Birch Road and Discovery Falls Drive. 6:10:18 PM Harold Phelps, Project Manager stated that staff would like to present items 1 and 2 in a combined fashion, but with the clarification that the Commission would be voting on each item separately. Mr. Phelps reported that item #1 is a proposal by Brookfield, Shea Otay, LP to amend the Village 11 SPA Plan, Village Core Master Precise Plan and revise the Tentative Subdivision Map in order to relocate and reconfigure the Town Square from the easterly terminus of Birch Road to the northeast corner of Discovery Falls Drive and Windingwalk Way; and relocate the pedestrian easement to the northern property line adjacent to the Private Recreational Facility (PRF) site. The SPA Amendment requires a Planning Commission recommendation to the City Council prior to their final approval. Without approval of the SPA Amendment, consideration of the Conditional Use Permit (Item #2) cannot move forward. Item #2 is consideration of a Conditional Use Permit for Concordia Lutheran Church to construct a 13,900 sf sanctuary with a seating capacity of 600 seats to be located behind a central plaza. The project also includes a 225 student K-8 Elementary/Middle School and 192-student preschool. The complex would be built on a reconfigured 5.5 acre site located at the center of the Village Core of Windingwalk Village 11. The CUP requires City Council approval of the SPA Amendment. Mr. Phelps noted that representatives for the developer and the church met privately with the residents that submitted the three letters of opposition that are attached to the staff report. A total of 12 residents corresponded with the City regarding these two items; staff encouraged the applicant to hold a neighborhood community meeting. The Planning Commission public hearing would be the forum to receive all of the public comments regarding these two items. Staff Recommendation: That the Planning Commission adopt the resolution recommending that the City Council approve the draft Village 11 SPA Amendment Resolution and the Revised Tentative Map Resolution as they apply to; 1.) relocation of the Town Square from the easterly terminus of Birch Road to the northeast corner of Discovery Falls Drive and Windingwalk Way, and 2.) relocation of the pedestrian easement to the Village Paseo from across the center of the CPF-1 site to the northern property line adjacent to the PRF site; and That the Planning Commission approve Resolution PCC 07-64 including the required findings for approval and subject to the conditions contained therein. Commission Questions: 6:23:24 PM Cmr. Spethman noted that the application for the CUP did not go through a formal Design Review process and the DRC was presented only with a conceptual 17-16 Minutes of the Planning Commission - 3 - November 14, 2007 preliminary review. Additionally, the applicant does not own the property; in his opinion, the proposal is speculative. 6:25:47 PM Cmr. Felber asked what would happen if the City Council approves the SPA Amendment and the sale of the property to the church does not take place; would the SPA Amendment with the new configuration revert back to the original SPA configuration? 6:27:35 PM David Miller responded that should the sale fall through before the Council's consideration of the SPA Amendment, the amendment would not be necessary; should it happen after Council's approval of the SPA Amendment, it would remain at the revised configuration. Cmr. Vinson asked if there had been discussions about fitting the church's compound around the existing configuration without the necessity to move the town square. Mr. Donaghe responded that they discussed it adnauseam and the applicant determined that it didn't work for them in the present configuration. 6:30:24 PM David Poole, with Brookfield Shea Otay, developer of Windingwalk and owners of the 6.5 vacant property, stated they have been looking for the right kind of user to fill a CPF role in the community; they believe they've found the right match in Concordia Lutheran Church. Mr. Poole further stated that they have worked arduously with the church and staff, and are delighted to finally be able to be before the Planning Commission to present their proposal. Mr. Poole pointed out, however, that there are four points in the Conditions of Approval that they are in disagreement with staff; they are: 1. Whether or not the plaza in front of the church is the church's plaza or a public plaza 2. Whether or not the pathway through the church is controlled by the church for its own safety and protection, or is it controlled by the City 3. The hours of operation for the church facility, and 4. Tentative Map conditions that have nothing to do with this project 6:33:36 PM Pastor Richard Schmidt, Concordia Lutheran Church, 267 E. Oxford Street, stated that their church and school at the Oxford site is an established institution meeting the needs and providing a myriad of services to the community, as well as excellence in education, for over 45 years; their congregation is vested in this project and are excited about the future of the church and school. 6:36:39 PM The design team, Tony Mansur and Jim Culk, Architect and Landscape Architect gave an overview of the design and layout of the project as presented in the staff report. 6:56:18 PM Cmr. Vinson asked for clarification regarding a statement on mandatory conditions related to the distance and location of the parking area. Mr. Mansur responded that his comments reflect a policy recommendation preferring that parking be hidden behind the buildings. 17-17 Minutes of the Planning Commission - 4 - November 14, 2007 Scott Donaghe further clarified that there are policies in the Otay Ranch GDP recommending that parking be situated behind buildings and that buildings be brought up to the street to create a more pedestrian-friendly atmosphere. 6:59:34 PM Cmr. Moctezuma asked if this is not approved, when would the park be constructed. She also asked for clarification on the 48 hour notice posting of the closure of the private pathway going through the campus. Mr. Poole responded that whether or not the SPA Amendment is approved, the construction of the park would move forward. David Miller added that the connection from Birch Road leading to the school is a feature that the applicant feels is essential; the issue becomes what kind of access will the City have. The property will be owned and operated by the church; minus an easement or any kind of formal property right, except for conditions of approval, the City has no control, therefore, the City has asked that they post a 48-hour notice informing the public that they have to take an alternative route to the school. Crnr. Moctezuma inquired if moving the town square is not approved, will Brookfield Shea continue the process of trying to fit Concordia Church into that area. Mr. Poole responded that if the town-square is not moved, the church's plan does not work for that site, therefore, other permitted uses i.e. a social service provider, a Boys & Girls Club would be considered for that site. 7:03:35 PM Cmr. Bensoussan asked if the parking lot will be exclusively for the church and school or would it be available to park users. Mr. Poole responded that the park and recreational facility that is privately owned and operated by the Master Homeowners Association will be opened to the public. There have been talks about negotiating a parking agreement between the church and the HOA's facilities in which if either organization has a big event that requires overflow parking, they could use each other's parking lot. 7:08:20 PM Cmr. Felber asked for clarification from the applicant on their disagreement with staffs recommendation on the four issues previously mentioned. 7: 11 :00 PM Mr. Poole responded that upon completion of the church construction, the plaza becomes a private piece of property owned and operated by the church. With the exception of the school facility, the church has no fences, therefore, free and open access is encouraged and available to the public. Under the proposed condition, the church cannot use the plaza for its own use i.e. for a wedding or school activity, without a 48-hour notice to the City. The same argument applies to the paseo; it is staff's position that it needs to remain open at all times. The applicant does not agree with staffs position. The church provided a broad spectrum of hours of operation throughout the week based on normal activities of any church, i.e. daycare, recovery groups, choir and band practice, etc. The City's condition locks down, to the minute, the hours that each building can be used; any deviation outside of the structured hours of operation would require an application to revise the CUP. 17-18 Minutes of the Planning Commission - 5 - November 14,2007 Cmr. Felber asked what would be considered reasonable hours of operation that the church could live with. Mr. Poole responded that it would be 6:00 a.m. to 11 :00 p.m. Lastly, Mr. Poole stated that relative to the Tentative Map, there are some ambiguous conditions having to do with traffic calming measures in an area that is located 1.5 miles away from the church; what effect would the church have at that distance away. 7: 18:55 PM Scott Donaghe responded to the hours of operation are strictly tied to parking requirements. If the applicant wants extended hours from 6:00 a.m .to 11:00 p.m., their parking requirements would be substantially greater than what they are capable of providing because the uses they described could potentially all occur concurrently. Mr. Donaghe pointed out that with respect to the TM conditions, its important to remember that there are two applicants; one is Brookfield Shea, the developer of Village 11, requesting a SPA Plan Amendment. The church is requesting a CUP. The conditions are put on to the TM and SPA Amendment, therefore, they are applicable to Brookfield Shea. Mr. Miller stated that with regard to the plaza/paseo access, although these would be located on private property, staff is of the opinion that as a pedestrian-oriented community the public needs to be accommodated rather than a private entity. Therefore, the access from Birch Rd. to the paseo should remain as a direct access regardless of whose control its under. 7:29:06 PM Public Hearing Opened Robert Decant yielded his time to Pastor Schmidt. 7:29:20 PM Pastor Schmidt stated that they simply wish to continue serving the community and operating as they have for the past 45 years at their present location. 7:30:54 PM Cmr. Vinson asked Pastor Schmidt if the proposed reconfiguration of the site is not approved, would the church then withdraw their plans in it's totality. Pastor Schmidt responded that without the relocation of the park, the site will not work for them with their proposed program, therefore, they would have to withdraw their application. 7:31:48 PM Joann Carson, 57 Milan Ct., Chula Vista stated that as a former Planning Commissioner, this project is of the caliber that any community would desire. As a member of the Board of Directors of the Concordia Church, she is confident in reassuring the Commission that the church will provide safety and security, especially in areas close to the school. She urged the Commission's support for the project. 7:33:32 PM Diza Zaiser, 2521 Coyote Ridge Terrace, Chula Vista stated that she lives near the project site and is eagerly anticipating the opening of such a facility because, foremost, is her desire to educate her children in a Christian environment that is dedicated to excellence in education. She urged the Commission's support of the project. 7:37:29 PM Norm Llanes, 65 East Prospect St., Chula Vista, member of Concordia Church, retired Police Officer and presently manager of a large security firm, stated that with respect 17-19 Minutes of the Planning Commission - 6- November 14, 2007 to security, the church's proposed configuration of buildings will offer optimal security for all of its patrons. He urged the Commission's support of the project. 7:38:43 PM Bill Darnell, Darnell & Associates, 1146 Front Street, Ste. 300, San Diego, stated he prepared the Traffic Study for this project and generated the hours of operation chart as a tool to help him analyze the trip generation and parking requirements. He noted the importance of remaining flexible on the hours of operation because of the myriad of services and activities that occur in any given church, and also to be mindful that all of these activities do not occur concurrently. 7:54:22 PM Mr. Poole echoed Mr. Darnell's comments and restated their willingness to continue talks with the HOA to working out a parking agreement where there would be reciprocity in the use of each other's parking lot at times when either one is having a large gathering, i.e. a wedding, or an Easter or Christmas Eve service. 7:56:05 PM Cmr. Felber stated that in his opinion, with respect to the hours of operation, the Planning Commission has two options to consider. One is to consider the hours of operation as they appear now in staff's report; the other is to extend the hours of operation as requested by the applicant and to continue the public hearing in order to allow time to conduct further traffic, parking and environmental analysis. Scott Donaghe stated that Cmr. Felber's comments are valid and also suggested that the Commission could make a determination on the SPA Amendment tonight and continue the CUP component to allow time for further analysis as suggested by Cmr. Felber. Cmr. Felber stated that given that churches are a benefit to the community, the argument could be made to try to be as flexible as possible, within reason due to restraints and regulations that need to be complied with. Perhaps the applicant would consider limiting the number of buildings that can be used concurrently or limit the number of people at any given time. 8:00:31 PM Jerry Sanders, 2178 Diamondback Ct. #29, Chula Vista stated that he bought a premium lot at the corner of Discovery Falls and Birch Rd., and that Shea Homes disclosed information about the town square and future plans for a church. What he didn't bargain for was a reconfiguration of the location of the town-square and church. Under this proposal, his view is compromised and would now be facing a large-scale church building. He opposes the SPA Amendment and CUP and urged the Commission to vote against it. 8:04:35 PM Arlo Stuessy, 2178 Diamondback, stated that at the time they purchased their home they were informed about the future construction of a church; what they weren't told was that they were planning to build a compound with multipurpose buildings; had he known that, he would not have purchased his home. The traffic impacts will be substantial and will compromise his quality of life. He urged the Commission to vote against it. 8:07:02 PM Holly Kimmel, 2178 Diamondback Ct. #30, stated that she is extremely disappointed that the town-square at the end of Birch Rd. may be relocated to the southeast corner of Discovery Falls Dr. Having a view of the town-square from Birch Rd. was a selling enticement used by Shea Homes, and the view of the town-square was a factor in the decision to purchase her home. The massive scale of the buildings will also obstruct the view of the mountains. The paseo would be considered the church's private property and as such could be closed at any time by the church; this is unacceptable to her. She firmly 17-20 Minutes of the Planning Commission - 7 - November 14, 2007 believes this information was withheld from the residents of Seguaro, Agave and Windingwalk. Ms. Kimmel distributed a handout of exhibits wherein she reconfigured the proposed church complex buildings utilizing the original location of the paseo and townsquare at the end of Birch Rd. She urged the Commission to vote against it. 8:12:32 PM Tom Diccacio, 1662 Tree Song Lane, stated he spent a substantial amount of time researching the area and reading the fine print on the contracts and promotional packet that the builder provides prospective buyers. Going through these materials he concluded that it is filled with misinformation and withheld information as to location of certain amenities, in particular, the town-square, paseo, and location of the future Lutheran Church. He urged the Commission to vote against it. 8:20:00 PM Mr. Poole presented to the Commission with a copy of a disclosure form that each of the buyers present tonight signed. The disclosure form contains a statement that reads, "... the seller does not guarantee that any views that any owner may have enjoyed will not be impaired or obstructed in the future by changes to other property." Additionally, it discloses that, "...the townsquare may be relocated." 8:25:36 PM Close Public Hearing. Commission Discussion: 8:25:56 PM Cmr. Tripp stated that with respect to the CUP, he would like to read the four findings that the Commission is called to make to assist in their deliberation of this application. David Miller stated that with respect to the order of their deliberation on the two items, it would be his recommendation that the Planning Commission deliberate first on the SPA Amendment and then proceed to the CUP; absent the SPA Amendment, the CUP cannot be permitted and taking them out of order would be presupposing the outcome of the other item. Cmr. Tripp stated that after reading the reports and hearing testimony, it is his opinion that that the SPA Amendment is being made in order to accommodate the church's needs; he expressed concern with public perception and the message that that is sending. Mr. Miller restated that these are two separate issues. The SPA Amendment is not specifically intended for the church, but could be for any other CPF use, including a church. If the church falls through, another CPF use could be considered. His recommendation, again, would be to decide whether or not there is a SPA Plan Amendment that can be approved, and then consider whether or not there is a CUP that meets all of the approval standards. Cmr. Felber stated that for discussion purposes, not presupposing the vote on the CUP, his understanding behind Chair Tripp's desire to take the items out of order is that if the CUP were to be denied, then the SPA Amendment would not be necessitated. Chair Tripp responded affirmatively and proceeded to deliberation on Item #2 reading into the record the four findings that the Commission must make when deliberating on an approval or disapproval of the project. 17-21 Minutes of the Planning Commission - 8 - November 14, 2007 Cmr. Bensoussan stated that she is uncomfortable with the whole project based on the fact that the Commission is being asked to render a recommendation to the City Council on an amendment that would change an entire community. Furthermore, the proposal has not gone through the formal Design Review process and all they've been presented with is a preliminary review with rendering of what the buildings would look like; this is all speculative and she can't fully support it. Cmr. Moctezuma stated that she too is having trouble with this and is unprepared to make the necessary findings for the well-being of the community or not detrimental to the neighbors, to move a town-square for the sake of just moving it. Cmr. Spethman stated that he doesn't dislike the project, however, there are a lot of uncertainties behind it such as the applicant not currently owning the property. He would also be more comfortable with it had it gone through Design Review. There is disagreement with staff over easements, public open space, access, hours of operation and parking; this is a lot to overlook. Cmr. Vinson echoed the same concerns and recommended that staff go back to the drawing board with the applicant try to come to agreement on some these issues. Chair Tripp stated he doesn't agree with sending them back to the drawing board. In his opinion, this is a fundamental land use issue; is relocating a church in a public use site appropriate. He further stated that he empathizes with the church's position because as a non-profit they need to be good stewards of their finances and understandably they wouldn't want to invest a lot of money on architectural plans when they are taking the risk of a denial. Cmr. Felber stated his preference would be to have a view of the town-square looking down Birch Rd., however, it also has its cons with only one side of the square facing the street. The advantage to it being on the corner is that it gives you two points of access. A view of the church looking down Birch Rd. would most likely be attractive given the Irvin Gill architecture that is proposed. Furthermore. although he empathizes with the owners concerns about their views being compromised, the contracts clearly states that those sites could be relocated and it didn't provide any guarantees of views. Additionally, assuming this is approved, he would be supportive of not requiring a 48 hr. notice to the City, but that the church post the notice 48 hrs. in advance. Cmr. Tripp stated that if the CUP is approved for use by a private entity, in his opinion, they should be granted full management of their property and would favor getting rid of the easement and 48 hr. posting requirements. MSC (Vinson/Bensoussan) (4-3) that the Planning Commission deny Conditional Use Permit PCC 07-64. Motion carried with Cmrs. Felber, Clayton and Spethman voting against the motion. Cmr. Speth man stated that he misunderstood the motion and didn't cast his vote accordingly, therefore, he asked for a reconsideration of the motion. MSC (Vinson/Bensoussan) (7-0) that the Planning Commission open up for reconsideration the previous motion. Motion carried. 17-22 Minutes of the Planning Commission - 9 - November 14, 2007 MSC (Vinson/Bensoussan) (5-2) that the Planning Commission deny Conditional Use Permit PCC 07-64. Motion carried with Cmrs. Felber and Clayton voting against it. 1. Public Hearing: PCM 07-05; Consideration of amendments to portions of the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan and Village Core Master Precise Plan to allow for the relocation and reconfiguration of the Town Square from the easterly terminus of Birch Road to the northeast corner of Discovery Falls Drive and Windingwalk Way. PCS 07-02; Consideration of revisions to the otay Ranch Village Eleven Tentative Subdivision Map: 1) relocating the Town Square from the easterly terminus of Birch Road to the northeast corner of Discovery Falls Drive and Windingwalk Way, and; 2) relocating the pedestrian easement to the village paseo from across the center of the CPF-1 site to the northern property line adjacent to the Private Recreational Facility (PRF) site. Applicant: Brookfield, Shea Otay, LP. Public Hearing Opened and Closed. Commission Discussion: Cmr. Felber stated that at this point he will not be supporting the SPA Amendment based on the fact that he prefers the current configuration, however, his consideration of a future Amendment would be made solely on the merit of need to change it and the benefit that it would bring to the community. MSC (Felber/Moctezuma) (6-1) that the Planning Commission deny the SPA Plan Amendment (PCM 07-05 and PCS 07-02). Motion carried with Cmr. Clayton voting against it. 3. Information Item: Information update on the Southwest Communities Strengthening Strategies. Sarah Johnson gave an overview of the purpose and creation of the SWCSS, being an interdepartmental partnership effort to improve City relationships with the community, better understanding community priorities and to leverage resources for a positive change in Southwest Chula Vista, the area defined in the General Plan boundaries as being south of L Street and west of 1-805. 4. Special Order of Business: Selection of a Planning Commission representative to the Growth Management Oversight Commission. MSC (Bensoussan/Spethman) (7-0) nominating Cmr. Clayton to continue serving as the Planning Commission representative to the GMOC. Motion carried. 17-23 Minutes of the Planning Commission . 10 . November 14, 2007 Commission Comments: Cmr. Felber reported that there will be a joint workshop of the CVRC and RAC at the John Lippitt Center on December 6; as the Planning Commission representative to the RAC, he extended an invitation to the Planning Commission to attend the meeting or to forward through him any comments or concerns. Cmr. Vinson stated that in theory the intent behind the creation of the CVRC was to streamline redevelopment; in his opinion, it has done the opposite. Furthermore, he doesn't see the need for the continued existence of the RAC now that the CVRC has been reorganized and the politics has been somewhat removed from the makeup of its members. Cmr. Spethman echoed Cmr. Vinson's comments and noted that the intent behind the creation of the RAC was to be an advisory body to the CVRC. Under the former makeup of the CVRC, the RAC appeared to be conducting more business than the CVRC. Cmr. Spethman stated he was looking forward to going to the meeting and voicing his opinion. Cmr. Moctezuma stated she looks forward to attending this meeting and relaying a concern that has been brought to her attention with regard to dissatisfaction that the RAC is engaging in design review issues when their role and expertise are not one of being a design review committee. Cmr. Bensoussan invited members of the Planning Commission to review the documents that were given to the RAC members delineating their mission statement wherein design review is a significant component of it. Furthermore, she noted for the record comments that have been made by the CVRC Chair and members of the City Council where they indicated that the only part of the process that has been working is the RAC. Chair Tripp expressed his frustration with the amount of time it takes to process projects in the redevelopment areas. The exact cause as to why this happens is not completely clear; it could be driven by a number of reasons, i.e. process-oriented, politically-oriented, or community groups who oppose change. Chair Tripp stated it would be his desire to direct staff to docket on a future Planning Commission agenda a discussion to clarify the role and scope of responsibility of the Design Review Committee. The Commission concurred with this directive. Adjourned to a regular Planning Commission meeting on November 28,2007. Submitted by Diana Vargas Secretary to the Planning Commission 17-24 p. I ann i n g NOV 2 0 2007 .A tI/kH .1/[ ~ A./ T "f Building Department Planning Division I Development Processing & CI1Y OF CHUlA VISTA -. d/a) ~ APPEAL APPLICATION FORM Appeal the decisioh.oHl1e:.. o Zoning Administrator o Design Review Committee J( Planning Commission Application Information ~~~ l Appellant: Conr.DJl2:iLd. LvtheraV\ Churc Yj .>.....1 5vh.od I Phone No. (019) q ~ ~ (() 0(\0 Home Address: Business Address: ;(67 z: CJrc..fJld Srve-e.+ Project Address: CpF'-l sr-k Ovt WlY!1vY1'Jv.a.[l 1?lvch 1Z:1}- D\5C.,vt'^f ~l~ 'Drive Project Description: CDn di-fi::V1al Uf;G Permr:f (Example: zone change, variance, conditional use permit, design review, etc.) Please use the space below to provide a response to the decision you are appealing. Attach additional sheets, if necessary. ~-/t€ftP / I /;). DID 7 Date I I ---------------------------------------------------- DO NOT WRITE IN THIS SPACE The above matter has been scheduled for public hearing before the: o Planning Commission o City Council on Planning Commission Secretary City Clerk 276 Fourth Avenue \ Chula Vista I California I 91910 17-25 (619) 691-5101 Teresa Barker, ASLA Planning & Landscape Architecture January 5, 2008 Harold Phelps City of Chula Vista Planning & Building Department 276 Fourth Avenue Chula Vista, CA 91910 Subject: ViUage Eleven SPA Amendment & Concordia Church CUP Reports and Conditions of Approval Dear Harold, You have requested this letter describing the revisions we have proposed to the staff reports and conditions of approval for the SPA and Master Precise Plan Amendment, TM, and Concordia CUP. In general, we believe those documents contained inaccuracies and confusing descriptions of our proposed project. We are also concerned that some of the conditions would compromise our ability to create a functional Community Purpose Facility (CPF) and Town Square. The major issues we have are: I. Constraints to the Concordia Church site design and operations by imposing a requirement for a public plaza and public pedestrian path through the center of the CPF site. The Church is a private facility with a responsibility for safeguarding children in its care, so it must have the ability to control public access. The Church site plan provides the mandatory pedestrian connection between the paseo and the CPF site. The Church will allow the public to access that pedestrian connection and the plaza in front of the Church, but those facilities should not be described as "public" when they are in fact, private. The Church has agreed to post planned closures of the plaza and pedestrian path 24 hours in advance. The proposed SPA Amendment also provides two additional pedestrian connections in proximity to the CPF site: a public access easement paseo along the northern boundary of the CPF site and public access through the Town Square. 2. Miscellaneous and unnecessary conditions inclnding revisions to SPA graphics, widening of sidewalks, and off-site erosion control. Although the strike-out/underline documents we provided may appear difficult to review, I believe they provide the easiest method to compare text. I have provided a summary of our proposed revisions to the documents in the attached pages. Please do not hesitate to call with any questions about our proposed revisions. We are available to meet to discuss this at your convenience. Yours Truly, Terry Barker 1249 Myrtle Avenue, San Diego, California 92103 (619) 501-9157/fax (619) 692-9201 e-mail:terrybarker@cox.net 17-26 Summary of Proposed Revisions, January 4, 2008 Response to Maior Issue #1: Mandatory site plan elements of the CPF site include the provision of: (1) "outdoor rooms" such as courtyards, plazas, and arbor walkways, and (2) a pedestrian connection to the paseo. As noted in the background discussion, prior to making the CUP application the applicant agreed to provide (1) the central plaza as the open space focal point view at the terminus Birch Road as a community gathering space accessible to the public, and (2) the pedestrian path through the central plaza to the village paseo as a pedestrian path accessible to the public. Reference to these "outdoor rooms" may be described as either "public access" open space, which is the language used in the Otay Ranch General Development Plan (GDP) for public or privately owned open space within a village core, or they may be described, as the applicant prefers, as a "community gathering space." However, staff believes the best description that acknowledges the CPF -1 site as private property with some provisions for the public the use certain open space a pedestrian oriented features is "open space accessible to the public" and "pedestrian connections accessible to the public." In addition, the CUP application relies upon the approval of the proposed Village 11 SPA Amendment and Revised Tentative Map applications, where the required findings within the resolutions for each of these application refers to the aforementioned mandatory site plan elements as public access open space and as a publicly accessible pedestrian connection to the paseo. These descriptions can be acceptably changed to "open space accessible to the public" and "pedestrian connections accessible to the public," but it is the view of staff that the description cannot exclude the word public as in the requested "community gathering space" and "pedestrian connection to paseo for the surrounding community." Also, as noted above, the church may close the privately held central plaza and pedestrian path for special events by posting 24-hour notice in a manner acceptable to the community, such as on a central plaza message board. It is also understood by staff that the church will be providing a 20-ft. recorded public easement on the northern boundary of their property that includes a paved and landscaped sidewalk connection to the paseo, and that the Town Square Park (P-4) to the south of the central plaza will provide another 8-ft. wide meandering sidewalk through the town square park to the Village Paseo. Planning Commission Agenda Statement Village Eleven SPA Amendment PCM-0705 and Revised TM PCS-0702 . The use of "mandatory" should only be used when referencing the Village Core Master Precise Plan Mandatory Site Plan Elements. Our proposed project conforms to the SPA land use requirements and the Village Eleven Design Plan design "guidelines" that should not be described as "mandatory." For example, there is no "mandatory publicly accessible space" requirement in any of the SPA documents. A number of the site planning requests made by Staff are subjective interpretations of design guidelines and should not be characterized as mandatory requirements. The proposed project provides all the mandatory site plan elements required by the Village Core Master Precise Plan. Mandatory "outdoor rooms" such as the central plaza should be described as either "public access" Open Space per the Otay Ranch GDP, or "open space accessible to the public." While the SPA does not specifically state that a central plaza be a "mandatory public space," it was agreed upon as noted in the background section of the staff reports for accepting the SPA amendment/revised TM application as well as in the staff findings for supporting a SPA amendment/revised TM to relocate the town square that the applicant would provide these spaces as either a "public access space" or "open space accessible to the public." . The text suggests that a public access through the CPF is a requirement, but the Village Core Master Precise Plan Mandatory element requires a "pedestrian connection to the paseo." There is Page 1 17-27 Summary of Proposed Revisions, January 4, 2008 no requirement that it be "public" or go ..through'" the site. The "Pedestrian Connection to the Village Paseo" is specifically stated as a mandatory site element, and it was agreed upon as noted in the background section of the staff reports for accepting the SPA amendment/revised TM application as well as in the staff findings for supporting a SPA amendment/revised TM that a pedestrian connection would be provided that visually and physically led pedestrians through the site from Discovery Falls Drive at the entrance to the central plaza and to the Village Paseo. It was always presumed by staff that the pedestrian connection would be "public" so that the surrounding community, such as children walking to the elementary school, could walk "through" the site. . The use of the term "public" should not be applied to the plaza, pedestrian path or other facilities located within the Church's private property. Descriptions of the plaza and pedestrian path could include "accessible to the community with some limitations." The use of the term "public" is in conformance with language found in the Otay Ranch GDP, which notes that even a Town Square that is on privately owned BOA can be called out as "public access space." The central plaza and pedestrian connection to the paseo need to be described as "open space accessible to the public" and "pedestrian connections accessible to the public." Resolution - Village Eleven SPA Amendment PCM-07-05 . The descriptions of the pedestrian connections are somewhat confusing. There are inaccurate descriptions of a "public" pedestrian connection "across" the Church site. See Draft Resolution Revisions. . The plaza in front of the Church meets the Village Core Master Precise Plan mandatory requirement for the provision of a "village landmark." The plaza is private property and should not be described as a "public access open space." See Draft Resolution Revisions. . The findings should more clearly describe the proposed project's conformance with the SPA. The proposed amendment maintains two primary land uses in the center of the village core and maintains all the mandatory elements of the Village Core Master Precise Plan. See Draft Resolution Revisions. . Condition I should not require a pedestrian connection "across" the CPF site. (Please review recommended revision). See Draft Resolution Revisions. . Condition 2 should not refer to a "public access open space." See Draft Resolution Revisions. . Conditions 3-5 regarding changes to graphics in the SPA, Design Plan and Village Core Master Precise Plan should be eliminated. We have provided all the necessary text and graphics revisions in "Exhibit A" requested by the Planning Department. Many of the requested revisions are to add references to the "public pedestrian access across" the CPF site. Also, many of the revisions would add a level of detail that was never included in the SPA graphics. See Draft Resolution Revisions. . Engineering's condition regarding the widening of the sidewalks ofWindingwalk Street and Discovery Falls Drive is a concern since the sidewalks, streetlights and landscaping are already in place. As discussed with Scott Donague, the sidewalks can only be widened approximately one- foot. See Draft Resolution Revisions. Resolution - Tentative Map - 07-02 . Findings I and 2 - The text is confusing, please review proposed revision. See Draft Resolution Revisions. . Condition 7 - The location of the driveway of R-24/25 is located to the north of the CPF site, at the approximate alignment of the PRF site, so this condition cannot be met. See Draft Resolution Revisions. . Condition 25 - The School (S-2) map has been recorded. See Draft Resolution Revisions. . Condition 26 - Plans to correct erosion were submitted to the City Engineering Department in September 2007 and when approved, will be implemented by the developer. See Draft Resolution Revisions. Page 2 17-28 Summary of Proposed Revisions, January 4, 2008 o Condition 27 - The condItion is too open-ended and not specific. The master developer will implement a traffic calming measure on Wmdmgwalk Street adjacent to the neighborhood park (P-l) when specified by the City Engmeer. See Draft Resolution Revisions. o Condition 33 - The condition to locate a "pedestrian connection open to the public at all times with certain limited exceptions, across the center of the CPF site from the village pathway on Discovery Falls Drive to the Village II Pedestrian Paseo at the same location of the previously recorded 20 foot easement" is an unacceptable constraint to the site design and function of the Church. Appropriate text is "a pedestrian connection accessible to the public between the plaza at the terminus of Birch Road and the Village II Pedestrian Paseo." This revision will allow flexibility in site design and enable the Church to control public access through its property. See Draft Resolution Revisions. Planning Commission Agenda Statement Concordia CUP PCC-07-064 o Throughout the report the descriptions of the project are confusing and should be simplified and more clearly described. Draft revisions under review. o The pedestrian access in the proposed development should be clearly described as (I) a new extension of the Dublic access Daseo from its terminus at the PRF site to Discovery Falls Drive, (2) relocation of the village pathway to the Town Square and (3) provision of the Village Core Master Precise Plan mandatory pedestrian connection between the CPF site and the paseo. As requested by the City, the pedestrian connection to the paseo in the CPF site will extend to the Church plaza that fronts on Discovery Falls Drive. The pedestrian connection will be accessible to the Dublic and integrated into the Church site plan, not a separately designed path. Draft revisions under review. o The minutes of the DRC hearing should be reviewed. We do not concur with the description of DRC comments presented in the staff report. Draft revisions under review. o The term "comer park" is inaccurate and should be "Town Square." Draft revisions under review. o The description of the traffic study and parking requirements is confusing and suggests there may not be adequate parking. The City Traffic Engineers have accepted the findings of the project traffic study. The traffic study determined there is more than adequate parking for peak hours and special events. Traffic Stndy Report Letter Revisions Received 1/11.08. o The limitation on the hours of operation proposed by staff would limit the Church's ability to conduct typical daily activities and the limitations are not substantiated by the traffic study. Traffic Study Report Letter Revisions Received 1/11.08. o The discussion ofthe Church's existing Oxford Street property is confusing and perhaps irrelevant. The statement that the Village Eleven developer (Brookfield Shea Otay, LLC) will develop the Oxford Street site with residences is not correct. On December 18, 2007, the Planning Commission unanimously approved on consent a 24-lot residential development for the Oxford Street property. Draft revisions under review. Resolution - Concordia CUP - PCC-07-064 Planning & Building Department Conditions: o Condition D constrains the hours of operation for the Church and is in conflict with the findings of the project traffic study. Traffic Study Report Letter Revisions Received 1/11.08. o Condition E limits the Church's ability to regulate public access within their private property and incorrectly describes the Church plaza as public open space. See Draft Resolution Revisions. o Condition F constrains the Church site design with an inappropriate public access path through the center of the site and limits the Church's ability to control public access within their private property. See Draft Resolution Revisions. o Engineering Conditions o Condition FF incorrectly refers to a "blanket" easement. See Draft Resolution Revisions. Page 3 17-29 Summary of Proposed Revisions, January 4, 2008 . Conditions II requirement for additIOnal right-or-way along Wmdmgwalk Street for an "adequate" width sidewalk is arduous, and unnecessary. The promenade streetscape (trees, sidewalk and streetlights) have already been constructed m conformance with the SPA and Village Core Master Precise Plan mandatory elements. The master developer can widen the sidewalk by approximately one foot within the existing right-of-way and implemented streetscape as a condition of the SPNfM Amendment. See Draft Resolution Revisions. . Condition JJ requirement to provide distinguishing pavement for a pedestrian path through the Church site is an unnecessary constraint on the Church site and landscape design. See Draft Resolution Revisions. Page 4 17-30 \ Ad4eH-Me.A.Ji S Plann ng & Building Department Planning Division mY Of CHUlA VISfA APPLICATION · DEVELOPMENT PROCESSING . TYPE A Part 1 T e of Review Re uested t;i?J' Conditional Use Permit o Design Review o Variance o Special Use Permit (redevelopment area only) o Misc. A Ii cation Information Applicant Name CoI'lCo!t-1?11>r L.1>1tt~~~ aH)~ ~(? Sc..ftoo- Applicant Address 2(,7 ~, t?XfY~p 0;;.'1' C,1-l1JL-A VISTA CA '1!j11 Contact Name P~12- fll?tlAP,fi:.l-lMIt::'!" Phone (PIG! - l-f<2.Z-, (it:; OCP Applicant's Interest in Property Of applicant is not the owner, the owner's authorization signature at the end of this form is required to process this request.) 0 Own 0 Rent li1l Other: WIl-l.- Ov:.LN TNJ >71 ~, Cft Architect/Agent: MP.N?otl~ AP.CH-ITS-"ru,z,f.. Cdj2.f Address: 75"11 01%;,12.L..1,J p,c. $(jr1"1:. "I '1Z-12-1 Contact Name: i<1\.J-( MI'.N,>""U/C.. Phone: r;1J'O'~.I?oOJ ~~"t. <;~~'p..2..1 ~ Primary contact is: 0 Applicant \61 Architect/Agent Email of primary contact: JW\ a vi $'''' ((fi M oM"",r.. ....~hd~.(.+l/r~.. ca N\ General Project Description (all types) Project Name: c..1-lt:df4?IA ~J'ntt-ft.AIJ .c.H vU-r1 ~~L-Prooosed Use: l..-1)fl-ttrLAU CI-lLW-l.1-/- t=G~l General Description of Proposed Project: H.<?!1SI-+1 ( &-c,Jn.~, ~"( L-r!1'-Di-h:>?l? E:;t?U C-ATl..,J . Ii-lO...v'<l'T-I~ 'foOl7\..trl- t-lrJrA~I'f CA~t, fO,rJ\.IC-ATl"""AL.. ~1'rt?~r--1 Y I A~~ MUL-ff-t"iJf'4'"".s.~ C-E.Jnr"- Has this project received pre-application review comments? ~ Yes (Date:) 7.:z. ,- O(p 0 No Subject Property Information lall types) Location/Street Address: OI$?OVfJl.t. fA.....-4- 1?~\v1l / ~1(Z"i+ (l--rJ/ WIIJt:'IH"T,,.JAl..i"- ST. Assessor's Parcel #: V '1 ~ ~ (j, 10 ,1- z.. Total Acreage t:j./fi I Redevelopment Area (if applicable): N / A General Plan Designation: I'll \A.lL Zone DesignationP(;.C- P f' I Planned Community (if applicable): V \..LA f.- Current land Use: C('F- - V'A"-A'1J'l Within Montgomery Specific Plan? DYes No Proposed Project (all types) Type of use proposed: D Residential O' Commercial Landscape Coverage (% of lot): 3&7.. o Industrial ~Other: l>l >' TI flJ. fi",/-l ^"" Building Coverage (% of lot): 20.. 't 1.. 276 Fourth Avenue \ Chula Vista I California 17-31 91910 /6191691-5101 form 320 RevS.03 Pg1/2 ~\ft. -(1- - APPLICATION · DEVELOPMENT PROCESSING . TYPE A Part 2 01V Of CHUIA VISTA Residential Praject Summary Type of dwelling unit(s): Dwelling units: l-if fit N umber of lots: PROPOSED EXISTING 1 Bedroom 2 Bedroom 3+ Bedroom TOTAL Density (DU/acre): Maximum building height: Minimum lot size: Average lot size: Parking Spaces: Required by code: Provided: Type of parking (i.e. size; whether covered, etc.): Open space description (acres each of private, common, and landscaping); Non-Residential Project Summary Gross floor area: (pO, f}OO Proposed: GO, ~(1" Hours of operation (days & hours): V'M)l't. S "/0 Existing: ........ If I 1/ Building Height: VI'#-I'(','" ~ -0 Anticipated number of employees: Number and ages of students/children (if applicable): Porking Spaces: Required by code: Provided: Type of parking (i.e. size: whether covered, etc.): Maximum number of employees at anyone time: ? 0 Pf.~ I "12- Seating capacity: 7A'\C-1li'At1-'f j<:- & ~'2-'7 1';S. :z; I "::Jf^ ~() k4> . (;f)<J yI1 A;\( , s""~s. ..,.. 'J /rC-C-ft. sS \& I< >r 1'lU--..>. Print applicant name: ",,1U.~~ Authorization Applicant Signature: Date: ",""'" ,,"," --::A~1.7 f'~ 9'lU!Jrrf: OwnerSlgnature':~ Date: ~ 7,15;- .Note: Proof of ownership may be required. letter of consent may be provided in lieu of signature. 276 Fourth Avenue (hula Vista 1 ~_~~Iifornia 91910 (619) 691-5101 FormJ20 RevS.OJ Pg2/2. plann ng & Building Department Planning Division I Deveiopment Processing CI1Y OF CHULA VISTA . APPLICATION APPENDIX A Project Description & Justification Project Name: COfJC.of2-t?IA- WJ.ffI"~ q ~iZ-Ci+ I>JJI? .5 c.t+oO..... Applicant Name: Co? tJ ~QIZ-DU.., L-\Jfl.+t:.f?-P,tJ. ?-~L.I~ At-lD s.c.i+oOL.- Please fully describe the proposed project, any and all constnuction that may be accomplished as a result of approval of this project, and the project's benefits to yourself, the property, the neighborhood, and'the City of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary, For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural Guide. "?t-i- ArrA-c.HM~t-J'r- 276 Fourth Avenue Chula Vista I California 17-33 91910 (619) 691-5101 APPLICATION APPENDIX A - Attachment Proposed project is located in the village core of Otay Ranch Village II. Property is 5.51 acres and zoned CPF (community proposed facility). Project shall consist of a courtyard, approximately 5,000 SF to be aligned on the axis of Birch Road. Surrounding the courtyard are three buildings; Building A is a 12,600 SF preschool; Building B is a 13,900 SF worship center; Building C is a two-story, 19,600 SF fellowship hall and educational facility. A fourth building, a two-story 15,100 SF multi-purpose building, is located directly east of the proposed Town Square. The project represents an ideal use for which the Specific Plan was intended. The worship center includes a sanctuary of maximum occupancy of 600 people. A small chapel and columbarium shall be part of this building. The early childhood education center consists of 8 classrooms, each with a maximum capacity of 24 children, including toddlers and infant care, and an attached playground. The fellowship hall shall consist of an area for small assemblies of up to 200 people. Also included is classroom space for a Lutheran elementary school/academy. Up to nine classrooms each with a maximum capacity of 25 children is proposed. The mutti-purpose building shall function as a fitness area, youth programs and accommodate other community activities. The parking provided consists of 231 standard stalls and 7 accessible for a total of 238 stalls. The proposed uses of the buildings shall not occur simuttaneously. Additional parking shall be available from the adjacent recreation center. Project may be constructed in phases. The required findings are as follows: 1. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community; , 'The proposed project contributes to the general well being or the neighborhood on multiple levels. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injuriqus to property or improvements in the vicinity; In fact, the proposed use shall contribute to the health and well being of the persons residing in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in this code for such use; The proposed use shall comply with regulation and condition agreed upon through the CUP process. 4. That the granting of this conditional use will not adversely affect the general plan of the City or the adopted plan of any governmental agency. The granting of this conditional use permit shall comply with the general plan of the City and of the adopted plan of any governmental agency. END OF ATTACHMENT 17-34 Apr 04 07 02:16p OFFICE 619-422-6620 p.3 ~Ht,.. -.- ~- - ~ Planning & B u i I din 9 D e par I men I Planning Division" Development Processing CITY OF CHULA VISTA APPlICATlON APPENDIX I Disclosure Statement Pursulimt ~ Council Policy 101~1. prior to any actio~ upon matters that wi.1I require discretionary action by the Council, Plannin CommissIOn and all other offiCIal bodies of the City, a statement of disclosure of certain ownership or financial inleres~ payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must b disclosed: - 1. Ust 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. Concordia Lutheran Church and School 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. . 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. . Board of Directors: James Magnuson, Michael Rodemeyer, Amber Gilnam, Carol Magnuson, William Whitt, JoAnn Carson, A.Nann Uanes, Dick Chase, Jr., Cheri Whitt, Ooralee Radlchel, Rev. Richard Schmidt 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represenl you before the City in this matter. Rev. Richard Schmidt; Conley Robinson; Mansour Architects: Rick Enginnering; Good and Roberts Construction Company; Brookfield Development Corporation; May Co. Consulting. 5. Has any person" associated with this contract had any financial dealings with an official- of the City of Chula Vista as it relates to this contract within the past 12 months. Yes NoX-- No If Yes, briefly describe the nature of the financial interest the official"" may have in this contract. No 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? No 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 17-35 04/04/9007 WRn 14'47 fTY/RY NO 7~.4?1 IdJnn::\ J.pr 04 07 02:16p OFFICE 619-422-6620 pA .1/ \'1 A /! , .~. ".'_0. I :.'~. "~i. . .~\-~ ~f'1- 0: _ P I a n n- i n g & Building Department Planning Division I Development Processing cnY Of CHULA V1SfA APPLfCATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent v8Jue) 10 an offiCial*" of the CitY ofChula Vista in the ~: twe~o <J( months? (ThIs InclL/des being a source of Income, money to retJre a legal debt, gift, loan, etc.) If Yes, which oftidaJ- and what was the nature of Item provided? . Date: 4/'1/07 I , . . Signa u~ of Contractor/Applicant ~. 1?lcharJ S";,,,.{.cl+ ~~ (O,~lif~ Printor type namll of Contractor/Applicant Cflvvd1 <VI1. School Person Is deflned _ as: any individual, finn, co-partnership, Joint venture; association, social Club, fraternal organi;z:atlon, corporation, estate, trust, receiver, syndlcate; any other county, city, municipalitY, district, or other polltlcal subdivision, -or any other jJroup or combination acting _as .a unit, pflidal Includes, but is not Dmlled to: Mayor, Councll member, Planning Commissioner, Memeer of a board, commission, or rommlttee of the CIty, employee, or st'!ff members, . - .... 1276 Fo~fth.,~J\;'.e j~b~.la.VJ.>.ta:' j..craliI.o.rni.a .j '..9.1930 ...1 .1.5~9JJi9J'<5101 17-36 ftlt/nill?On7 WRTl 111-"7 r'T'Y/UY NO 7'4.491 r.:1Jon4 Oct 17 0.7 05:10p OFFICE 619-422-$620 p.2 P I ann n g & Building Planning Division Department Developmenl Processing 01Y Of CHULA VISTA APPLICATION APPENDIX C Development Permit Processing Agreement Penni! Applicant: Applicant's Address: Type of Pennl!: Agreement Date: Deposit Amount: Con cord,,,, {, 1t-hen1" Ch, Jrrch -=< ;;. 7 f' ()x +Ani SF {-hut.... VIm. CA ql'/rI J This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corpOf'ation ("City") and the forenamed applicant for a development perrott ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following faels: Whereas, Applicant has applied to the City for a permit of the type aforareferenced ("Perml!") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the CIty will incur expenses in order to process said permit through the various departmants and before the various boards and commiss;ons of the City '''Processing Services.): and. Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing ttJe.Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutuai promises 'herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred In providing Processing Services related 10 Applicant's Penni!, Incuding all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicanfs Deposit Duty. As partial performance of Applicanfs Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposil"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. tf, after the cO!1clusion of processing Applicant's Pennit, any portion of the Depostt remains, City shall return said balance to Applicant without interest thareon. It, during the processing of Applicant's Perm~, the amount 01 the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same. by City, Applicant shall forthwith provide such additional deposit as City shaN calculate as reasonably necessary to continua Processing Services. The duty of Applicanl to initially deposit and 10 supplement said deposit as herein required shall be known as "Applicant's Depostt Duty". 2. City's Duty. City shall. upon the condition that Applicant is no in breach of Applicants Duty to Payor Applicant's Deposit Duty, use good faith to provkfe processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant fer the failure to process Applicant's Permit application, or for failure to process AppUcant's Pennit within the time frame requested by Applicant or estimated by City. 276 Founh A.venue Chula Vista California 91910 (619) 691-5101 17-37 .~.- ....- -- -- .- Oct 1707 05;11p OFFICE 619-422-6620 p.3 p I ann n g & Building Department Planning Division I DeveJopment Processing OlY OF CHULA ViSTA Development Permit Processing Agreement - Page 2 2.2. By execution of this agreement Applicant shall have no right to the Permit for which AppRcant has appl1ed. City shall use its discretion in valuaUng Appflcanfs Perm~ Application without regard to Applicant's promise to pay for the Processing Servrces. or the e><ecution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equ~, the C~ has lt1e righlto suspend andlor withhold the processing of the Perm~ which Is the subject matter of this Agreement, as wef! as lt1e Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equ~, the C~y has lt1e right 10 collect all sums which are or may become due hereunder by civil action, and upon instituting IllIgation to collect same. the prevalling party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. AIr notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands Bnd requests 10 be sent 10 any party sMB be deemed to have been property given or served if perscnally served or depos~ed in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identffied adjacent to the Signatures of the parties represented. 4.2 Governing LawNenue. This Agreement shall be govemed by and construed in accordance with lt1e laws of lt1e state of California. Any action arising under or relating to this Agreement shali be brought only in the federal or state co..-ts located in San Diego County, Slale of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance herel.mder, shaH be the Cily of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behatf of Applicant, each of such signatories shall be joinUy and severally liable for the performance of Appficant's dutie&J:!erein set forth. 4.4. Signatory Authority. This signatory to lhls agreement hereby warrants and represents that he Is the duly designated agent for lt1e Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant Signatory shall be personaily liable for Applicant's Duly to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicanl 4.5 Hold Harmless. Applicanl shall defend, indemnify and hold harmless lhe City, its elected and appointed officers and employees, from and against any claims, suits. actions or proceedings, judicial or administrative, for writs, orders. injunction or other relief. damages, Uability, cost and expense [Including without limitation attorneys' fees) arising aut of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those daims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known 10, but not objected 10, by the Applicant. Applicanl's Indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents. or empfoyees in defending against such claims, whether the same' proceed to judgement or not. Further, Applicant. at its awn expense, shaJl, upon written request by the City. defend any such surt or action brought agaInst the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the 276. fourth Avenue Chula Vista California 91910 (019) 091-5101 17-38 1n/17/')(H\7 wvn 17.117 Pf'YJOY Mn 77""111 r.:hnt\'l Oct 17 07 05:11 p OFFICE 619-422-6620 pA p I ann n g & 8uild'ing Department Planning Division I Development Processing cnv Of CHUlA VISTA Development Permit Processing Agreement - Page 3 Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented In writing and filed with the City of COOla Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from lime to time be amended, the provisions 01 which are Incorporated by this reference as if fully set forth herein, and such policies and procedures used by the Cily in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the tenns of this Agreement. Now therefore, the parties hereto. having read and understood the terms and conditions of this agreement. do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista 276 Fourth Avenue Chula Vista, CA By: Dated: iD-O--O 7 Cot'] <:<.Ydl~ Lvl-hemn Ch~ ~~::: ~ ~ 5f, c: I \//-<./71. "11 "Ill "~-7~ 276 Fourth Avenue ChuJ<J Vi~tcl California 91910 !&191691-5101 17-39 lO/17/?nn7 WRn 17-47 fTY/RX NO 77:\41 Idr004 Planning B u i I d j, n g 0 e par t men t Planning Division I Development Processing For Office Use Only Case No. IS- Dpst. Amnt. Receipt No. Date Rec'd. Accepted by Project No. FA- Dpst. No. DO- CIP No. Related Case No. & CIlY Of CHUIA VISTA APPLICATION CANNOT BE ACCEPTED UNLESS SITE PLAN IS FOLDED TO FIT INTO AN 8-1/2 X II FOLDER PRELIMINARY ENVIRONMENTAL REVIEW City of Chula Vista Application Form BACKGROUND 1. projectTitle CuIJCQFtPIA l..u1"Hl>~ G-).ILJfZ....,~ At-Jo '~?i+"'''L- 2. Project Location (Street address or description) Dt'?L.o\lf.f..T F"t-VS .l?JI.lllli. / r;1J2.~I.t ~- 1,..J.ltJ(.,..J"1 t-J.......I<. '>1'. Assessors Book, Page & Parcel No. c;, Lf,. - (; I 0 - '1. ~ 3. Brief Project Description ,0 '$ If ~ l.-' c,. C,., AN,;? I-'1JJL.:n - F'l.llE-f",$f.- Wn~Jlt- 4. Name of Applicant C..r-t&"Jt.QIA l-iJf\.l-f.Mtol. Address ~ q,"1 ~. t:1 X P-dfZ.l) S'T' . City CHUt..... VI $'-" 5. Name of Pre er/Agent M Address (l L-IN I I Fax # '1>- 9J;~-":ut Phone ~<;;~ 5 -I~o"l City ~AI~ Oleli.e> State Cfr . Zip '1'2., 2-1 Relation to Applicant _FI'l-"'J~v-r AIt-"-t+,,..e;..,.r . 6. Indicate all permits or approvals and enclosures or documents required by the Environmental Review Coordinator. A. a. Permits or approvals required. General Plan Amendment RezonelPrezone _ Grading Permit _ Tentative Parcel Map _ Site Plan & Arch. Review _ Special Use Permit _ Design Review AppliCation _ Tentative Subd. Map _ Redevelopment Agency OP A _ Redevelopment Agency DDA _ Public Project Annexation _ Specific Plan L Conditional Use Permit Varianee _ Coastal Development Other Permit [fProject is a General Plan Amendment and/or rezone, please indicate the change in designation from tV" to . b. Enclosures or documents (as required by the Environmental Review Coordinator). _ Grading Plan _ Parcel Map _ Precise Plan _ Specific Plan _ Traffic Impact Report Hazardous Waste Assessment ,. 276 Fourth Avenue Arch. Elevations _ Landscape Plans _ Tentative Subd. Map _ Improvement Plans _ Soils Report _ Geotechnical Report _ Hydrological Study _ Biological Study _ Archaeological Study Noise Assessment _ Other Agency Permit Other Chula Vista I California 91910 (619) 691-5101 17-40 City of Chula Vista PRELIMINARY ENVIRONMENTAL REVIEW Page 2 7.. Indicate other applications for pennits or approvals that are being submitted at this time. a. Pennits or approval required. General Plan Amendment Rezone/Prezone _ Grading Pennit _ Tentative Parcel Map Site Plan & Arch. Review _ Special Use Pennit _ Design Review Application _ Tentative Subd. Map _ Redevelopment Agency OP A _ Redevelopment Agency DDA _ Public Project Annexation Specific Plan ::x Conditional Use Pennit _ Variance _ Coastal Development _ Other Pennit B. PROPOSl'D PROJECT l. a. Land Area: square footage If land area to be dedicated, state acreage and purpose. or acreage G.51 Nor-\. I' _ b. DoeyJ; project involve the construction of new buildings, or will existing structure be utilized? . . "7- Al,A..oo rJt-yJ 2. omplete this section if project is residential or mixed use. a. Type of development: _ Single-Family _ Two Family _ Multi-Family Townhouse Condominium b. Tota ber of structures c. Maximum' ht of structures d. Number of Urn . I bedroom 2 bedrooms 3 rooms 4 bedr s Total Units e. Gross density (DU/total acres) f. Net density (DU/total acres minus any dedicati g. Estimated project population h. Estimated sale or rental price range i. Square footage of structure j. Percent oflot coverage by buildings or structures k. Number of on-site parking spaces to be provided l. Percent of site in road and paved surface f'l/fr ~ Complete this section if project is commercial or industrial or mixed use. .. ~ Type(s) ofland use t'llt: b.' rarea Heightofstructure(s) c. Type nstruction used in the structure d. Describe major acces ints to the structures and the orientation to adjoining properties and streets e. Number of on-site parking spaces provide f. Estimated number of employees per shift Number of shifts Total g. Estimated number of customers (per day) and basis of estintate h. Estimated number of deliveries per day ---- -------...... 276 Fourth Avenue I (hula Vista I California 91910 (619) 691-5101 17 -41 " City of Chula Vista PRELIMINARY ENVIRONMENTAL REVIEW Page 3 r.--P'timated range of service area and basis of estimate ~Ip< j. Type/extent of operations noNft-e osed buildings Ie. Houn; of operation L Type of exterior lighting 4. If project is other than residential, commercial or industrial, coml11et~ this section. ( a. Typeofproject ~V~. MJU...'( ?I~Ic-ottooO t::OUC-ArLOfJ. Ifl<:'. TOI?I1'-'f/,S + l>lf/,\>J't> , ~~JJ "'''-1l'...w..,. p.c..."-?tf'\'{, MIJ......n. f'U.l!-fo:sL G ~rt- b. Typeoffacilitiesprovided W""'$I-lI~ ,U:tJ'f'f"'- 1~,4"'" $1": Plt,-,'S",-""""L- rz..Gc:<> 51" ff..vlAW$H-''''I4v-/~A?~'''1''~ 1",2-1., ."f/ t<l1>"''''' PUlL""'''!':. 1~,1#qSf. c. Square feet of enclosed structures ~O,t>OG' S",' ., ' d. Height of struCture(s) - maximum v'''''fl.il~~ - '1~-o e. Ultimateoccupancyloadofproject U$~S AL-~~'l'f,.- S"'I-iG.1'tJ.fI'lL1' CAr"'I'N'~Ot7 f. Number of on-site parking spaces to be provided -;z.~B g. Square feet of road and paved surfaces h. Additional pr~ect characteristics C&Urt.-r.,.- ~ A-lA ~ L-l(. ';/ rt <-I"\- , I'~O.>~"'" !<?~.$ M- f1.~t?,z.op 1"'9 1'>"...11..1 SRJ..I. AIf...'E.... ;I( C. PROJECT CHARACTERJSTICS 1. Will the project be required to obtain a permit through the Air Pollution Control District (APCD)? - No . Is any type of grading or excavation of the property anticipated?' ~f.<:.1 $f.. ~IN '1 /O(1.A 1Mal' t,- omplete the following: f a. Exc' trenches to be backfilled, how many cubic yards of earth will be excavated? 51'flt..1 p....J..I"1tt (letJ b. How many cubic yards 0 ill be placed? c. How ITWch area (sq. ft. or acres) WI aded? d. What will be the: Maximum deptffof cu Average depth of cut Maximum depth offill Average depth of fill N~ 3. Describe all energy consuming devices, which are part of the proposed project and the type of energy used (air conditioning, electrical appliance, heating equipment, etc.) HVA.e::~UIPt'16oJ1'" _ '1'A':' ..~...t.~G. JJ,.f'tr<- HfJ'.1"t.!t5.. 1:<-l-1~4A'f'O~f ~'" ~ Go, "'.., ov'er-l . Indicate the amount ofnatura1 open space that is part ofthe project (sq. ft. or acres) NQ NAflJ.Mi-.ofl!l-l .$.(~ Pte.~~1!:1X - ;;.1'1f'. IS .e,~AO';C>' 4. 5. Ifthe project will result in any employment opportunities, describe the nature and type of these jobs. - ~Arz.__ &;I"~~~ -n.Ac:..t1'US, /.H7MIMISf1t.A-n",r-l. , 6. Will highly flammable or potentially explosive materials or substances be used or stored within the project site? 1\.10 . 276 Fourth Avenue Chula Vista I California I 91910 (619) 691-5101 17-42 " City of Chula Vista PRELIMINARY ENVIRONMENTAL REVIEW Page 4 7. How many estimated automobile trips, per day, will be generated by the project? Na'f Yt., O~(~WIII'-I ~c:> 8. Describe (if any) off-site improvements necessary to implement the project, and their points of access or connection to the project site. Improvements include but not limited to the following: new streets; street widening; extension of gas, electric and sewer lines; cut and fill slopes; and pedestrian and bicycle facilities. J'oVL..- /l-f26..- 1i1C1511N""t ,6.~ P(/.?JIOC.? ''"" 1/1 L.,-^~l:.. II. I"fl-<:'JIE:.::.'f 1.11'-'- COJ"'t ,,-1"" t"' e'>C"lsrllt-l<:1. D. DESCRIPTION OF ENVIRONMENTAL SETTING I. Geolol!V Has a geology study been conducted on the property? (If yes, please attach.) Has a soils report on the project site been made? (If yes, please attach.) '-(H - Ptrt- Afr~"I'::.p tM { >r;. '"(If$. , f'tr'- Mff'J~1> 11-1 f' <;;.(1'0 2. Hydrolol!V Are any of the following features present on or adjacent to the site? N.o (If yes, explain in detail.) a. Is there any surface evidence of a shallow ground water table? No Are there any watercourses or drainage improvements on or adjacent to the site? NO Does runoff from the project site drain directly into or toward a domestic water supply, lake, reservoir or bay?" N.o Could drainage from the site cause erosion or siltation to adjacent areas? 1-.10 b. c. d. 3. Noise a. b. Are there any noise sources in the proje,*,"cinity, which may impact the project site? Np Will noise from the project impact any sensitive receptors (hospitals, schools, single-family residences)? NP 4. Biolol!V a. Does the site involve any Coastal Sage Scrub vegetation? Np b. Is the proj ect site in a natural or partially natural state? No 0 c. If yes, has a biological survey been conducted on the property? Yes _ No _ (Please attach a copy.) Describe all trees and vegetation on the site. Indicate location, height, diameter and species of trees, and which (if any) will be removed by the project. N.or-J '- d. 276 Fourth Avenue I Chula Vista I California I 91910 (6191691-5101 17-43 City of Chura Vista PRELIMINARY ENVIRONMENTAL REVIEW Page 5 5. Past Use ofthe Land a. Are there any known historical or archeological resources located on or near the project site? NO b. Are there any known paleontological resources? NO c. Have there been any hazardous materials disposed of or stored on or near the project site? Nt:' d. What was the land previously used for? A ILl c..Ll '-'I l.! A I< N. - S; 1$ ~ 'f7 Ot 6. Current Land Use a; Describe all structures and land uses currently existing on the project site. N~I/~ b. Describe aU structures and land uses currently existing on adjacent property. North 1')2.F'- SI 'fl!:.. South f2.f-.~I~rJflA,--'")"l:>l..lK $QI.l"'IL~ East <?? /-t"e"''' "'I 'ft., t-I?'! C41-l ;::'f"~ .:.1' ~J? West r-1iJ €>I'f~ . Not"'" ~f-l$'f~t? . 7. Social a. b. Are there any residents on site? 1'1", If so, how many? Are there any current employment opportunities on site? N (;/ If so, how many and what type? 8. Please provide any other information, which may assist in the ev\l,luation of the proposed project. '- 276 Fourth Avenue I Chula Vista I California 91910 (619) 691.5101 17-44 Apr 1B 07 05:12p OFFICE 619-422-6620 p.2 CityofChula Vista PRELIMINARY ENVIRONMENTAL REVIEW Page 6 E. CERTIFICA nON I. as owner/owner in escrow* R,c.ho.vtj SuhmuJt / Sir, p~W -0v Cov:c(.v-dia. LiJ?WYllJ1 Ch(.~'Z~ a.vJ School Print name Or I. consultant or agent. Print name HERBY AFFIRM, that to the best of my belief, the S1atements and inforttllUion herein contained are in all respects true and oornet and thatall known infonnation coneeming the project and its setting'has heen included in this application for a Preliminary Envirownental Review of possible environmental impact and any enclooures for attaclunents thereto. Or Consuftanr or Agent Signature Da:'/I?/07 ""If acting for a corporation. include'capacity and company name. 276 Fourth Avenue Chula Vista California 91910 (619) 691-5tOl 17-45 - AI7/K-HvVtevV/ (P 8 '~ ,.. z w l) " c; " Oz - "'0 "0: "wi' "z ~ "-- _0 C) - z cr. >w Z Y:W I- o~ ~ OCU 2: ~o U) 0:::: itz W uu u. it wQ 0.=10 ~ I-~t(~~~ d. w ,UJ Z a:l ~ o ~~5~q~ ~ t;Q~a:i~~ ... 0@@ee us I- 0: Z <( 2 ~ JJ) ...J ~ n. en tr: .;( tr a::: W :) (.) ~ 0 ~ u 0 .... 0 a: IJ... IJ... W 0 (J) o ~ ~ a: (!) ~~gg~ z a:. z w cf ~ ~ 3: ~ ::~u.. ~ 9 ~ lJ:: ~ .l:! @@@)@)@ Cii I UJ U I- 0; a: 0 " z I- 0 0 ~ <( ::l i' <( z 0 0 z UJ UJ UJ 0: '" '" I z w in ~ if I- Z ;;; '" f2 U 0 0 ~ 0 '" 0 UJUJ z b 0: "'''' Z <( "' 01'5 0 Z ii' -' 0 0", i' I- " 0 UJI- 0 "' z 0 "UJ UJ ~ UJ ;z 5 ~UJ z 0 "' ~o: z UJ if P -I- 0 '" >'" 0 88G8 e w I C/) l- I- ::l z I- UJ " z ....J :2 z i5 UJ 6 '" Z ..J ~ <( UJ 5 ~ :s " '" 0 z " " 0 0 :"i 0: 0: ~ W 0 a.. <( <( -' '" "- '" '" <( 11: a: UJ 0 0 0: ill I- z z ::> z ~ ~ " I- " iii ~ 0 ii' 0 UJ UJ UJ I- en >- " " I- "' 0:: " ~ I UJ U 0 ~ 0 0 !;;: ~ -' 0: UJ 11 5> 5> " '" z 0 GGG0 z 0 <{ :2 U , . " .~ 17-46 ~ ~ I " ~~ 5! ~ ~ ig w I ,,~ ~ ~ ~ z o ~ ~~ RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING THE APPEAL OF CONDITIONAL USE PERMIT (PCC 07-064), REVERSING THE DECISION OF THE PLANNING COMMISSION TO DENY THE CONDITIONAL USE PERMIT (PCC-07-064), AND APPROVING CONDITIONAL USE PERMIT (PCC-07-064) FOR THE DEVELOPMENT OF THE CONCORDIA LUTHERAN CHURCH, PRE-SCHOOL, AND PRIVATE ELEMENTARYIMIDDLE SCHOOL, LOCATED IN OTAY RANCH WINDINGWALK VILLAGE 11, AT THE TERMINUS OF BIRCH ROAD AT DISCOVERY FALLS DRIVE A. RECITALS 1. Project Site WHEREAS, the parcels, which are the subject matter of this resolution, are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description are located at the terminus of Birch Road at Discovery Falls Drive (Project Site); and 2. Project Applicant WHEREAS, a duly verified appeal application for the Conditional Use Permit denied by the Planning Commission on November 14,2007, was filed with the City of Chula Vista Planning Department on November 20, 2007 by the Reverend Pastor Richard Schmidt for Concordia Lutheran Church (Applicant); and WHEREAS, a duly verified application for a Conditional Use Permit was filed \ with the City of Chula Vista Planning Department on April 10, 2007, by the Reverend Pastor Richard Schmidt for Concordia Lutheran Church (Applicant); and 3. Project Description; Environmental Determination WHEREAS, said Applicant requests permission to construct a Church Sanctuary, Private Pre-School and ElementarylMiddle School facility at property located at the terminus of Birch Road at Discovery Falls Drive (APN 643-610-22-00 or any successor) by way ofa Conditional Use Permit; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Final Second Tier EIR (EIR-OI-02) for the Otay Ranch General Plan Amendments/Village 11 J:\Attorney\RESO\CUPIPCC-07-064_CUP _CC_Reso_Draft CUP DRAFT2_02-0S.0S.dO, 7 _ 4 9 Resolution No. 2008- Page 2 Sectional Planning Area Plan and Tentative Map, and the Addendum to EIR-01-02 approved September 19,2007. Thus, no further environmental review or documentation is necessary; and 4. Planning Commission Record of Application WHEREAS, a hearing time and place was set by the Planning Commission for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 14,2007, in accordance with Planning Commission Resolution No. PCC-07-064; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 5-2-0-0 to deny the Conditional Use Permit (PCC-07-024); and WHEREAS, the Planning Commission after considering all evidence and testimony presented also recommended by a vote of 6-1-0-0 that the City of Chula Vista City Council deny the associated Village 11 SPA Amendment (PCM-07-05) and Revised Tentative Map (PCS-0702); and WHEREAS, the Applicant, on November 20, 2007, filed an appeal of the Planning Commission's denial of the Conditional Use Permit with the Planning Department, requesting that the appeal be forwarded to the City Council for their consideration at a public hearing; and 5. City Council Record of Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, a duly called and noticed public hearing on the appeal of the denial of the Conditional Use Permit was held before the City Council of the City of Chula Vista on February 5, 2008, to hear public testimony with regard to the same; and, J:\Allomey\RESO\CUP\PCC-07-064_CUP _CC_Reso~Drdt CUP DRAFT2_02-0S-0S.dO, 7 - 5 0 Resolution No. 2008- Page 3 WHEREAS, the approval of this Conditional Use Permit is dependent and conditioned upon the prior approval of the Amendment to the SPA Plan, Amendment of the Master Precise Plan, and Revised Tentative Map and associated Parcel Map (Amendments), since the CUP would not be permissible at the desired location absent such Amendments; and WHEREAS, the City Council has considered the Addendum and FEIR 01-02 before making a decision on this project, and, WHEREAS, the City Council of the City of Chula Vista after considering all evidence and testimony presented voted X-X-X-X to reverse the Planning Commission's denial of the Conditional Use Permit and approved the Conditional Use Permit (PCC-07- 064) based on the findings and in accordance with the conditions listed below. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and order as follows: B. PLANNING COMMISSION RECORD Record of the proceedings of the Planning Commission at their public hearing on November 14, 2007, including their vote upon Planning Commission Resolution No. PCC-07-064 recommending denial, along with any relevant comments, have been provided to the City Council and are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. C. COMPLIANCE WITH CEQA Based on the evidence and in light of the record presented, including the Addendum and FElR, the City Council concurs with the opinion of the Environmental Review Coordinator, and finds that there is substantial evidence justifying the decision not to prepare a subsequent Negative Declaration or EIR D. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required pursuant to the Chula Vista Municipal Code (CVMC 19.14.080) for the issuance of conditional use permits and sets forth hereunder, the required findings and the evidentiary basis that permits the stated finding to be made. I. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. J:lAttomey\RESo\CUP\PCC-07.064_CUP _CC_Reso_Dralt CUP DRAFT2_02-0S-0S.d'1 7 - 5 1 Resolution No. 2008- Page 4 The proposed Church, Pre-School and Elementary/Middle School facility is a desirable land use that provides an eleemosynary religious and educational facility that will contribute to the general well being of the Windingwalk Village 11 neighborhood, the Otay Ranch community, and the South Bay region. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed Church, Pre-School and Elementary/Middle School facility will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The use is subject to conditions that will provide the necessary controls and maintenance of the facilities such that there will be remedies should the activities on the site become detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity . 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed Church, Pre-School and Elementary/Middle School facility will be developed and maintained in compliance with the Otay Ranch General Development Plan (GDP), the Windingwalk Village 11 Sectional Planning Area (SPA) Plan Planned Community (PC) District Regulations, and the Zoning Code for requirements not included in the SPA Plan as provided for all Planned Community (PC) zoned properties in accordance with the Municipal Code. The conditions of approval require compliance with all applicable codes and regulations on an on-going basis for use of the facilities on the proposed project site. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The Windingwalk Village 11 Sectional Planning Area (SPA) Plan specifically required the Conditional Use Permit process to be utilized in order to provide the necessary controls over the Church, Pre-School and Elementary/Middle School facility, and to ensure compliance with the Otay Ranch General Development Plan (GDP) and the City ofChula Vista General Plan. E. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-07-064 subject to the following conditions whereby the Applicant shall: J:\Altomey\RESO\CUP\PCC-07-064_CUP _CC_Reso_Dralt CUP DRAFT2_02-0S.0S.cto, 7 - 52 Resolution No. 2008- Page 5 1. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance on this approval, the applicant shall fulfill to the satisfaction of the City, the following requirements: a. Approval of this Conditional Use Permit is contingent upon the City Council approval of the Village 11 Sectional Planning Area (SPA) Plan Amendment and Revised Tentative Map allowing for the relocation and reconfiguration of the P-4 Park (Town Square) and the relocation of the Pedestrian Easement. Absent such approval, this CUP shall be deemed to be automatically revoked and to be of no force and effect ab initio. b. A Design Review permit application shall be submitted for review and approval by the Design Review Committee prior to the acceptance of any building permit construction documents. No building permits can be issued prior to approval of the Design Review application by the Design Review Committee. c. All plans and elevations submitted for building permits shall be in conformance with the final set of entitlement design plans and elevations provided for review and approval by the Design Review Committee. The plans and elevations submitted for review by the Design Review Committee shall be in substantial conformity to the conceptual plans and elevations approved by the City Council. Any changes to the final set of approved entitlement design plans and elevations will require review and approval by the Director of Planning and Building for substantial conformance to the Design Review Committee approval and/or modification to this Conditional Use Permit. d. In order to prevent any overlap between the maximum capacity uses for the church, pre-school and elementary school facility, as discussed in the staff report, traffic study report, and as outlined in the project table below, the following are the primary hours of operation that shall apply to the project: Saturda Sunda Tuesda Wednesda Thursda Frida Sanctuary: 4pm- 6:30am- 7pm- 7pm- 7pm- 7pm- 12 m 1:30 m 9 m 9m 9 m 9 m Pre-School: Closed Closed 6am-7pm 6am- 6am- 6am- 6am- 7 m 7 m 7m 7 m Fellowship 9am- 8am- 8am- 8am- 8am- 8am- 8am- Hall: 9pm 8pm lOpm lOpm lOpm lOpm 10pm K-8 School: Closed Closed 8am- 3:30 m Gymnasium: 9am- 9am- 6am- 9 m 9m 9 m J:\Altomey\RESO\CUP\PCC-07-064_CU? _CC_Rcso_Drafl CUP DRAm_02-lJ5-0S.dO, 7 - 5 3 Resolution No. 2008- Page 6 This project table is adopted along with the record set of plans with the conditional use permit file. Any changes to the approved hours of operation will require review and approval by the Director of Planning and Building for substantial conformance to this conditional use permit, or modification to this conditional use permit. As identified in the traffic study report, special events such as holiday services, and rehearsals for special events such as weddings, funerals, etc. are ancillary or occasional in nature and therefore do not need to be evaluated for weekly scheduling. The applicant shall be responsible for providing adequate on-site parking for all special events on the subject property for all uses and hours of operation that are above and beyond those specified in the Primary Hours of Operation. If, at any time during the term of the Conditional Use Permit, it is determined by the Director of Planning and Building that existing parking is insufficient to meet parking needs during such special events and the shortfall causes off-site parking impacts, the applicant shall prepare and submit a parking analysis for all future special events and shall take any action necessary to ensure adequate parking is provided to the satisfaction ofthe Director of Planning and Building. e. The Applicant shall ensure that the central plaza, a village core focal point, shall be maintained as an open space accessible to the public. The applicant shall work with surrounding homeowners and the Windingwalk Homeowner Association on an agreed upon method for posting notice 24 hours in advance of any church programs or sponsored functions that would inhibit use of the central plaza as an open space accessible to the public. f. The Applicant shall provide to the satisfaction of the City Engineer, a pedestrian connection to the Village Paseo, which shall be open and accessible to the public at all times, with certain limited exceptions. This pedestrian path shall provide a direct connection from the Village Pathway on Discovery Falls Drive to the west to the Village II Pedestrian Paseo to the east through the approximate center of the central plaza to the satisfaction of the Planning and Building Director. The Applicant shall make all good faith efforts to establish a consensus among surrounding homeowners and the Windingwalk Homeowner Association for a method of posting notice 24 hours in advance of any church programs or sponsored functions that would inhibit use of the pedestrian connection through the approximate center of the CPF-I site to the Village Paseo. J:lAttomey\RESO\CUP\PCC-07.Q64_CUP _CC_Reso_Dral"t CUP DRAFTI_02-0S-0S.d, 7 -5 4 Resolution No. 2008- Page 7 g. The Applicant, as part of the required design review permit, shall provide additional visual and aesthetic treatment to the pedestrian connection from the Village Pathway on Discovery Falls Drive to the west to the Village 11 Pedestrian Paseo to the east through the provision of landscape and/or paving features to the satisfaction of the Design Review Committee. h. The Applicant shall be required to maintain a high level of supervision over the church, pre-school and elementary/middle school when patrons or students are outside building facilities. Supervision shall be conducted by at least two school staff when students are in the outdoor areas of the site. In addition, the Pastor shall designate a staff person to meet periodically with Windingwalk Homeowners Association and with neighborhood residents surrounding the church and school property, to discuss and remedy any issues that may arise. 1. The Applicant shall provide planting and irrigation plans. All planting excluding the hydro-seed mix turf groundcover shall be on permanent irrigation systems. Provide planting and irrigation plans in conformance with the conditions of approval for review and approval by the Director of General Services, Engineering, Planning and Building prior to issuance of building permit. In addition, a water management plan shall be required in conjunction with the planting and irrigation plans for each phase for review and approval by the Director of General Services, Engineering, Planning and Building prior to issuance of building permit. J. The Applicant shall provide comply with all requirements of the Building Division prior to the issuance of building permits to the satisfaction of the Director of Planning and Building. k. The Applicant shall provide a graffiti resistant treatment that shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the Chula Vista Municipal Code regarding graffiti control. 1. The Applicant shall submit a Lighting Plan for the facility showing that the proposed lighting to be shielded to remove any glare from adjacent properties shall be maintained in conformance with Section 17.28.020 of the Municipal Code. Environmental Section Conditions: m. The Applicant shall implement to the satisfaction of the City Environmental Review Coordinator all pertinent mitigation measures identified in the Otay Ranch Village 11 Sectional Planning Area (SPA) J:\Atlomey\RESO\CUP\PCC-07-064_CUP_CC_Reso_Draft.CUP DRAFT2_02-05-08.dOC1 7 -5 5 Resolution No. 2008- Page 8 Plan Final Second Tier Environmental Impact Report EIR 01-02, and for the Otay Ranch General Plan Amendments/Village 11 Sectional Planning Area Plan and Tentative Map, and the Addendum to EIR-OI-02 approved September 19, 2007. Resource Recycling and Conservation Coordinator Condition: n. The Applicant shall provide trash enclosures, bins, or carts that meet design specifications prior to the issuance of building permits and to the satisfaction of the City Conservation Coordinator. The locations and orientation of storage bins and dumpsters must be pre-approved by the City franchise trash hauling company. Provide sufficient space for designated recyclables. A shared paper/cardboard bin, along with food and beverage container cart with other storage may be permitted. A commercial trash enclosure large enough for solid waste, mixed paper, and a cart for food and beverage containers must be provided to meet the minimum 50 percent recycling requirement. Contact the City Conservation Coordinator at 691-5122. Fire Department Conditions: o. The Applicant shall provide comply with all requirements of the Fire Department that shall be noted in conditions incorporated into the Notice of Decision approval of the Design Review permit. All conditions shall be satisfied prior to the issuance of building permits and to the satisfaction of the Fire Marshal. Police Department Conditions: p. The Applicant shall obtain a security survey from the Crime Prevention Unit of the Police Department prior to the issuance of building permits and to the satisfaction of the Crime Prevention Unit. Specific recommendations shall be provided for access control, surveillance detection, and police response. In addition, training of management and employees in security procedures and crime prevention shall coincide with the commencement of operations. The Crime Prevention Unit should be contacted at 691-5127 for more information. Engineering Division Conditions: q. The Applicant shall prior to issuance of building permits pay all required fees for sewer capacity and connections, development impact for public facilities, and traffic signal fees as defined in the development checklist to the satisfaction of the City Engineer. J:\Atlorney\RESO\CUP\PCC-07-064_CU? _CC_Reso_Draft CUP DRAFT2~02'05-08.do, 7 - 56 Resolution No. 2008- Page 9 r. The Applicant shall develop the project in compliance with all requirements of the State Water Resources Control Board NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall specify and address both construction and post-construction, structural and non-structural pollution prevention and control measures for the operation and maintenance of such measures. The SWPPP will include short and long term funding sources and parties responsible for implementation to the satisfaction of the City Engineer. s. The Applicant shall provide a complete and accurate Notice of Intent (NO!) must be filed with the State Water Resources Control Board. A copy will be provided and filed with the City when received. Further, a copy of the NO! from SWRCB showing the permit number for this project shall also be filed to the satisfaction of the City Engineer. t. The Applicant project is considered a priority development project subject to NPDES Municipal Permit Order No. 2001-01 and R-9-2007-0001, and the proposed project is subject to the requirements of the Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. The applicant shall complete the applicable forms and comply with the Storm Water Management Manual's requirements to the satisfaction of the City Engineer. u. The Applicant shall provide a water quality study is required to identify potential storm water pollutants generated at the project site during the post-development phase of the project and to identify/propose appropriate structural and non-structural Best Management Practices (BMPs) to minimize discharge of such pollutants to the maximum extent practicable to the satisfaction of the City Engineer. v. The Applicant shall comply with the January 24, 2007, the San Diego Regional Water Quality Control Board adopted the new NPDES Municipal Permit, Order No. R-9-2007-0001, for the San Diego Region. As a result, there may be additional requirements, depending on when the development takes place and the building permits are applied for to the satisfaction of the City Engineer. 2. Prior to use or occupancy of the property in reliance on this approval, the following requirements shall be met to the satisfaction of the City: a. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program and grading on file in the J:\Attamey\RESO\CUP\PCC-07-064_ CUP _CC_Reso_Draft CUP DRAFT2_02-05-08.dOC, 7 _ 5 7 Resolution No. 2008- Page 10 Planning Division, the conditions contained herein, Title 19, and the Village II Sectional Planning Area (SPA) Plan. b. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. c. All landscape and hardscape improvements shall be installed in accordance with the approved landscape plan to the satisfaction of the Director of General Services, Engineering, Planning and Building. d. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. e. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. f. Provide a fire extinguisher per 3,000-sq. ft. or every 75-ft. of travel distance, with a minimum rating of 2A-IOBC, or the convenience store must include a fire sprinkler system. A fire flow of 3,000 gallons per minute for duration of three (3) hours must be provided. g. The back flow preventor shall be screened from view, and the Fire Department connection shall not be located with the back flow preventor. h. This Conditional Use Permit approval shall expire if a building permit is not issued or the approved use has not commenced within one year from the date of this approval, unless a written request for an extension is received prior to the expiration date. 3. The following on-going condition shall apply to the subject property as long as it relies upon this approval. a. All buildings, parking and landscaping shall be maintained according to the approved plans unless modifications are approved by the City of Chula Vista. b. Primary hours of operation shall be maintained according to the approved hours of operation tables unless modifications are approved by the City of Chula Vista. J:\AtlomeyIRESQICUP\PCC-07-064_CUP_CC_Reso_Draft CUP DRAFT2_0Z-05-08.dOC1 7 _ 58 Resolution No. 2008- Page II c. Fire lanes are to be maintained and have an unobstructed width of not less than 20- ft. width and 13-1/2- ft. vertical clearance. d. Applicant shall maintain catch basin filters on site, which shall be periodically inspected as scheduled by the City of Chula Vista Engineering Department. e. Approval of this request shall not waive compliance with the Village II Sectional Planning Area (SPA) Plan, Title 19 of the Municipal Code, and all other applicable Federal, State and City Ordinances in effect at the time of building permit issuance. f. This Conditional Use Permit permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permit tee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. g. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, injury, including personal injury, dismemberment or death, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising out of or related to, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. E. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(1), NOTICE IS HEREBY GIVEN that the 90-day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020 (a) and failure to follow timely this procedure will bar any subsequent legal action to attack, J:\Attomey\RESO\CUP\PCC-07-064_CUP _CC_Reso_Draft CUP DRAFf2_02-0S-0S.dOC1 7 _ 59 Resolution No. 2008- Page 12 review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other exactions, which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. F. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document will be filed within ten days of recordation with the City Clerk. The filing shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. Signature of Property Owner Date Signature of Applicant Representative Date G. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Jim Sandoval Planning and Building Director Presented by: J:\Attomey\RESO\CUP\PCC-07-064_CUP _CC_Reso_Draft CUP DRAFT2_02-05-0S.dOC1 7 - 6 0 ITEM TITLE: SUBMITTED BY: REVIEWED BY: SUMMARY CITY COUNCIL AGENDA STATEMENT ~\!f:. CITY OF '~CHULA VISTA FEBRUARY 5, 2008, ItemlL RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO PROCEED WITH STEPS NECESSARY TO TELEVISE CITY COUNCIL MEETINGS AND WHATEVER WORK SESSIONS, COMMISSION AND COMMITTEE MEETINGS ARE APPROPRIATE "f? DIRECTOR OF THE OFFICE OF COMMUNICATIONS 'iiiW(!II: DIRECTOR OF INFORMATION TECHNOLO SERVICES ~' CITY MANAGER ASSISTANT CITY NAGER c,..T 4/STHS VOTE: YES D NO ~ Adoption of the resolution will direct staff to proceed with the steps necessary to televise any meetings that are currently being streamed on the Internet, thus expanding the process for live viewing by citizens who do not have computer access. 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 (b)(5) of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Previously, City Council members expressed a strong desire to make city government more accessible to the public. In an effort to achieve that goal, staff installed a system to stream City Council meetings, workshops and Chula Vista Redevelopment Corporation 18-1 FEBRUARY 5, 2008, Item~ Page 2 of 2 (CYRC) meetings live on the City's Internet home page. On that page, prior meetings are archived and available for viewing. Production costs (i.e. camera operations) for those meetings are included in each year's budget. During the budgeting process for Fiscal Year 2007/2008, staff included a modest sum, approximately $2,000, to fund the cost of material, equipment and labor needed to launch live coverage of City Council meetings and workshops on Cox cable Channel 24. Cox reaches 51,650 households in Chula Vista. Over the past few months, staff has recommended a series of deep cuts in order to balance the City's budget. Due to the small amount of funds required to pursue the objective of live coverage, staff did not eliminate this item. Live television broadcasts on Cox will reach viewers who prefer watching City Council meetings in real time on television, instead of the computer. Staff is convinced the convenience of live broadcasts will expand viewership, reach new audiences, and engage more members of the public in government affairs. The Council meetings will continue to be replayed on Cox Cable Channel 24 Wednesday nights at 7 p.m. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT Staff has budgeted sufficient funds for this project. ATTACHMENTS None. Prepared by: Louie Vignapiano. Director of Information Technology Services 18-2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING STAFF TO PROCEED WITH STEPS NECESSARY TO TELEVISE THE CITY COUNCIL MEETINGS AND WHATEVER WORK SESSIONS, COMMISSION AND COMMITTEE MEETINGS ARE APPROPRIATE WHEREAS, during the budgeting process for FY 2007-08, staff included a modest amount (about $2,000) in the budget to cover the cost of the material and labor to provide the ability to show the City Council meetings live on Channel 24 for Cox customers; and WHEREAS, during the past few months, staff has recommended many budget cuts in order to balance the budget but because of the very small dollar amount, staff did not eliminate this item; and WHEREAS, in the past, Council has stated a preference for having their meetings accessible to more citizens, so several years ago, staff installed a system to stream Council meetings live on the Internet and make past meeting available as well; and WHEREAS, this resolution will expand on that process and allow citizens who do not have access to a computer to view the meetings live; and WHEREAS, the meetings would continue to be televised on Wednesday evenings at 7:00 p.m.; and WHEREAS, this effort would also provide the ability to televise any meetings that are currently being streamed on the Internet. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby direct staff to proceed with steps necessary to televise the City Council meetings and whatever work sessions, commission and committee meetings are appropriate. Louie Vignapiano Director ofInformation Technology Services Approved as to form by ~~J..tJ~fi1 Ann Moore If! . City Attorney Presented by J:\AlIomey\RESO\ITS\Televisiog Council meetings_02-0S-08.doc 18-3 "6/~ ,') <1'~ ~I~ -.- "--- ---- ~ - -- ~- -- - - - Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CllY OF CHULA VISTA January 25, 2008 FROM: Lorraine Bennett, Deputy City Clerk Jennifer Quijano, Constituent Services Manag~ Cultural Arts Commission TO: RE: Mayor Cox would like to recommend Susan O'Shaughnessy for appointment to the Cultural Arts Commission. Susan will replace Christopher Redo, Please place Susan on the February 5, 2008 Council agenda for ratification and schedule the oath of office for the February 12, 2008 Council agenda. Thank you, cc: Mayor Cox /A...~y- A t?:S-A--:J'AMPY ...I~ /lpf- ~y~-r<r s;e,.ue. dYI ~r c;:Idu6t ~lik ,6/c/C ~. , sk ~;DV.s/'7 .s:r;?I-'~oI ~n -I'k Cf'IYJ umrt'/,'s"iel1 tt:Y1 -11'1:/ ~ /'77!1' _.;>007. 0(0,1 - / ~y?- -.- "-- -- ~~~== Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax ~6, ,,-0 V/ 1;'''0- CllY OF CHUlA VISTA MEMO January 25,2008 RE: Lorraine Bennett, Deputy City Clerk Jennifer Quijano, Constituent Services ManagM Design Review Committee TO: FROM: Mayor Cox would like to recommend Ricardo Balvaneda for appointment to the Design Review Committee. Ricardo will replace Jose Alberdi. Please place Ricardo on the February 5, 2008 Council agenda for ratification and schedule the oath of office for the February 12, 2008 Council agenda. Thank you. cc: Mayor Cox / /so/or - ~. /:5<</vo/1-e(/cr ~~s ~~ -'"' -8J"lJ ~alp 1'>10 J. <::;.U".e..N-1y Wsfor J/e/l...'J.. C:(C> 18 - / RECElVEL ,6> fl"") \,'1; 4' ~lf? -.- .-- ---- ~~~~ Mayor and City Council City Of Chuta Vista 276 Fourth Avenue Chuta Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax '00 JAN 23 AlO:59 CITY OF CHULA VI MEMO CITY CLERK'S OF~jc- CllY OF CHUlA VISTA January 22,2008 RE: Lorraine Bennett, Deputy City Clerk Jennifer Quijano, Constituent Services Manag~ Design Review Committee TO: FROM: Mayor Cox would like to recommend Enrique Martinez for appointment to the Design Review Committee. Enrique will replace Jeff Justus and provide the specific landscape architect experience. Please place Mr. Martinez on the February 5, 2008 Council agenda for ratification and schedule the oath of office for the February 12, 2008 Council agenda. Thank you. cc: Mayor Cox /-.,,)3~ e>8 c;;hes /1<0 (- ct:.-<rre;f-.fl( /'fr. /J/ctrA'M'J 04q ,4/c./t!J. 011 ad c#l'CI .$"r<--R- =?~ t-l