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HomeMy WebLinkAboutAgenda Packet 2001/04/03 I declare under penalty of perjury that I employed by the City of Chul& Vista In the AGENII~Jice of the City Clerk and that I postel~ th~ document on the bulletin board April 3, 2001 Brown Act.requirementa, ~; 4:007.M~! CALL TO ORDER Dated, ~/--'g~;3 /0[ ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF TItE DAY · PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH, ANGELICA AGUILAR, ADMINISTRATIVE ANALYST II, POLICE DEPARTMENT · PRESENTATION BY HIGHLAND PARTNERSHIP, INC., REGARDING THE CORPORATION YARD CONSTRUCTION · RECOGNITION OF THE POLICE DEPARTMENT'S RECENTLY PROMOTED EMPLOYEES CONSENT CALENDAR (Items 1 through 5) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar 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 after Action Items. Items pulled by the public will be the first items of business. 1. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on March 27, 2001, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTiNG BIDS FOR THE MEDIAN MODIFICATIONS ON TELEGRAPH CANYON ROAD, EAST OF MEDICAL CENTER DRIVE IN THE CITY OF CHULA VISTA, CALIFORNIA (PROJECT ST-980) On January 3, 2001, the Director of Public Works received sealed bids for the median modifications on Telegraph Canyon Road, east of Medical Center Drive (Project ST- 980). The work to be done includes mobilization, excavation and grading, removal and disposal of existing improvements, installation of asphalt-concrete pavement, crushed aggregate base, curb and gutter, cold planing, saw cutting, 4" Portland Cement Concrete, stamped and colored concrete median, street lighting, pavement striping and marking, traffic control, protection and restoration of existing improvements. The work also includes all labor, material, equipment and transportation necessary for the project. (Director of Public Works) Staff recommendation: Council adopt the resolution. 3 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTiNG THE "PAYING AND REPORTiNG THE VALUE OF EMPLOYER- PAID CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS) MEMBER CONTRIBUTIONS" (EPMC) FOR FiRE SAFETY MEMBERS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTiNG THE "PAYiNG AND REPORTiNG THE VALUE OF EMPLOYER- PAID CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS) MEMBER CONTRIBUTIONS" (EPMC) FOR POLICE SAFETY MEMBERS Both the Memorandum of Understanding between the International Association of Firefighters Local 2180 and the City of Chula Vista that was reached in September 1998, and the amended Memorandum of Understanding that was reached with the Chula Vista Police Officers Association in December 2000, include provisions that the City will pay and report normal CalPERS member contributions as additional compensation, effective July 1, 2001, and July 1, 2004, respectively. These resolutions are a necessary step in meeting those obligations. (Director o f Human Resources) Staff recommendation: Council adopt the resolutions. 4A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS FOR F.J. WILLERT FOR $143,989 AND ROE JACK ROOFING FOR $216,305, BOTH ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE SAID CHANGE ORDERS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIViNG THE BIDDiNG PROCESS AND APPROViNG A SPECIALTY CONTRACT WITH iNTERCLEAN EQUIPMENT, iNC., iN THE AMOUNT OF $124,705 FOR THE DRIVE-THROUGH TOUCHLESS WASHER EQUIPMENT, AND AUTHORIZiNG THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE SAID SPECIALTY CONTRACT AGREEMENT On September 26, October 17, October 20, October 24 and November 14, 2000 Council approved the award of multiple contracts for the construction of the Corporation Yard Project. Highland Partnership, Inc., the City's Construction Manager, along with City Staff, have been overseeing the construction work. Adoption of tonight's resolutions will 1) Approve change orders for F.J. Willert for $143,989 and Roe. jack Roofing for $216,305, and authorize Staff to execute said change orders and 2) Waive the bidding process and approve a specialty contract agreement with Interclean Equipment, Inc., in the amount of $124,705 for the drive-through Touchless washer equipment. Following adoption of the resolutions, the total value of change orders approved to date for the construction of the Corporation Yard project is $635,818. (Director of Public Works) Staff recommendation: Council adopt the resolutions. Page 2 - CouncilAgenda 04/03/01 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY AND BAHMAN SHEIKH, PH.D., P.E., FOR PREPARATION OF REPORTS AND ANALYSES OF WATER CONSERVATION MEASURES FOR THREE DEVELOPMENT PROJECTS AND CONTINUED WORK ON THE DEVELOPMENT OF GRAY WATER SYSTEMS, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING $50,000 TO THE DEPARTMENT OF PUBLIC WORKS, ENGINEERING DIVISION, FROM THE AVAILABLE FUND BALANCE OF THE SPECIAL SEWER FUND (4/5THS VOTE REQUIRED) Staff is in the process of formulating guidelines for the preparation and implementation of Water Conservation Plans (WCP's) as required by the City's Growth Management Ordinance. This effort involves an analysis of technical water saving devices, development of standards for gray water and expanded recycled water systems, cost/benefit analysis of additional water conservation measures beyond those currently mandated in three pending development projects, and continued efforts to develop a gray water pilot demonstration project. Specialized consultant services are needed to accomplish this task. (Director of Planning and Building/Director of Public Works) Staffreconunendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to sta~ Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. 5:00 P.M. 6. REVIEW OF THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND THE HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM WHICH INCLUDES CONSIDERATION OF FUNDING REQUESTS FOR PUBLIC SERVICES, COMMUNITY PROJECTS, ECONOMIC DEVELOPMENT, CAPITAL IMPROVEMENT, AND ADMINISTRATION AND PLANNING Page 3 - Council Agenda 04/03/01 Each year the City undertakes a process to solicit and approve programs and projects eligible for federal funding. This item addresses the review of the annual Community Development Block Grant (CDBG) program and the HOME Investment Partnership (HOME) program. The public hearing provides an opportunity for the public and Council to make comments on how CDBG and HOME funds can be allocated to meet the City's housing and community needs. (Director of Community Development) Staff recommendation: Council conduct the public hearing, accept the staff report, and direct staff to return on or about May 1, 2001 with the final funding recommendations. 7. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AND A NEW ORDINANCE AMENDING CITY ORDINANCES 1670, 2507, AND 2509; AND AMENDING CHAPTERS X (BUILDING AND HOUSING), XIV (PLANNING), AND XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE This report and its recommendations are the culmination of a comprehensive review of all fees related to building permitting, inspection and plan check services provided by the City. This review was undertaken due to recent, significant changes in the pace of development in eastern Chula Vista, staffing, staff compensation, and changes in operations and automation. This review has resulted in proposed fee changes for building permits and related activities. The proposed fee schedule has been developed based on current operations, development volume and service provision costs, and spreads these costs equitably to those receiving these City services. Although some of the proposed fees are higher than those currently charged (based on the costs of providing these services), adoption of these ordinances will cumulatively lower fees by 1 - 1.4 million dollars on an annual basis, compared to the current fee schedule. (Director of Planning and Building/Director of Budget and Analysis) Staffrecommendation: Council conduct the public hearing, adopt the following urgency ordinance, and place the ordinance on first reading: A. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG ORDiNANCE 1670, RELATING TO SIGN PERMIT AND PLAN REVIEW FEES; AMENDING ORDiNANCES 2507 AND 2509 RELATING TO PLAN REVIEW FEES FOR BUILDING AND MECHANICAL WORK RESPECTIVELY; AND AMENDING CHAPTERS X (BUILDiNG AND HOUSING), XIV (PLANNING), AND XV (F1RE) OF THE CITY'S MASTER FEE SCHEDULE (4/5THS VOTE REQUIRED) B. ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMEND1NG ORDINANCE 1670, RELATING TO SIGN PERMIT AND PLAN REVIEW FEES; AMENDING ORDINANCES 2507 AND 2509 RELATING TO PLAN REVIEW FEES FOR BUILDING AND MECHANICAL WORK RESPECTIVELY; AND AMENDING CHAPTERS X (BUILDING AND HOUSING), XIV (PLANNING), AND XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE Page 4 - CouncilAgenda 04/03/01 8. CONSDERATION OF ADOPTION OF A RESOLUTION AMENDING THE MASTER FEE SCHEDULE RELATED TO PARKLAND ACQUISITION FEES AND PARKLAND DEVELOPMENT FEES FOR NEIGHBORHOOD PARK AND COMMUNITY PARK REQUIREMENTS In-lieu fees, known as Park Acquisition and Development (PAD) fees, were last increased by the City Council in April 1991 and since that time, costs for developing parks has risen substantially. In order to bring the fees in line with the most current fee structure, the Parks & Recreation Department has calculated the increase by using the Engineering News Record as the basis for the per acre fee increase. (Director of Parks and Recreation) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE RELATED TO PARKLAND ACQUISITION FEES AND PARKLAND DEVELOPMENT FEES FOR NEIGHBORHOOD PARK AND COMMUNITY PARK REQUIREMENTS ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 9. CITY MANAGER'S REPORTS A. Scheduling of meetings. 10. MAYOR'S REPORTS 11. COUNCIL COMMENTS CLOSED SESSION 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) · Rolfe v. CTV (GIC 748687) · Miller, et al. v. City of Chula Vista (GIC 758186) · Sanchez-Serrano, et al. v. City of Chula Vista (GIC 743890) 13. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One Case ADJOURNMENT to the Regular Meeting of April 10, 2001, at 6:00 p.m. in the Council Chambers. Page 5 - Council Agenda 04/03/01 $~n Diego ASSOCIATION OF GOVERNMENTS 401 B Slreei. Suite BOO San Diego, CA 9~'101 FAX TRANSMrr'FAL FORM Data: March 26, 2001 To'. SANDAG Board Members Fax Number: See Attach~ List From: Bob Parrott Subject ~'xpie Resolution No. Pages: 3 (including tramrrdttal page) To Reply: Telephone: (619) 595-5328 Fax: (619) 595-5605 At its March 23. 2001 meeting, the Board of Directors of the San Diego A~sociafion of Governments ($ANDAG) unar'dmously approved a resolution opposing the State's propvsal to acqtg.re transmi~zion lines ~rom San Diego Gas & Electric, Sou~em ~ Edison, and Pacific Gas & Elec~c. This opposition is based upon the lack of information received rega~dLng the proposal and other actions being taken to resvlve the energy crisis in the state. The., SA_NDAG Board also asked staff to distribute a sample resolution for the cities and County for their individual consideration. That sample re~oluton la follow~g. It you have any questions, please call me or Mike McLaughlin at 619/595-57,73. SANDAG BOARD AND ADVISORY LIAISON MEMBERS FAX LIST March 2001 SURISDICTION NAME FAX N/JMBER City of Carlsbad Counoilmember Ramona Finnila (760) 720-9461 City of Chula Vista Mayor Shirley Horton (619) 476-5379 City. of Coronado Mayor Tom Srnisek (619) 437.O371 City of Del Mar Counoilmember Richard Earnest (888) 886-6390 City of El Cajon Councilmm'nber Dick R.mos (619) 593-8052 CiD' of Eneimtas Mayor Dmanis Holz (760) 633-2627 City of Escondldo Mayor Lcd Holt Pfeiler (760) 741-7541 City of Imperial Bea~h Mayor Diane Rose (619) 429-9770 City of La Mesa Mayor Art Madrid (619) 462-7528 City of Lemon Grove Mayor Mary Teresa Sessom (619) 460-3716 City of Natiorual City Cotmcilmember Ron Morrison (619) 336-~327 City of Oeeanside Mayor Terry Johnson (760) 966-4436 City of Poway Mayor Mickey Cafagna (858) 679-4226 City of San Diego Mayor Dick Murphy (619) 236-7154 City of San Diego Councilmember Byron Wear (619) 236-6996 City of San Marcos Councilmember Hal Martin (760] 744--7543 CiD' of S amee Couneilmember Jack Dale (619) ~62-0649 City. of Solana Beach Councilmember Joe Kellejian (858) 792-6513 City of Vista Mayor Gloria McClellan (760) 639-6132 County of San Diego Supervisor Bill Horn (619) 685-6555 Department of Defense Captain Gary ]~gl~ (619) ~32-3830 Cakrans Gary t3allegos (619) 68~-3122 Pon Comanission Jess Van Deventcr (619) 47%1036 San Diego County Water Authority John Fowler (619) 2914165 MTDB Leon Williams (619) 231-3407 NCTD Cotmcilmcmber Julianne N3,?ard (760) 720-9461 SAMPLE RESOLUTION A RESOLUTION BY [INSERI CITY/COUNTY] OPPOSING TI-IE STATE PROPOSAL TO BUY TRANSMISSION LINES OF PACIFIC GAS .4~ND ELECTRIC, SOUTHERN CALIFORNIA EDISON, AND SAN D~_GO GAS AND ELECTRIC WITHOUT NECESSARY IN-'b'ORMATION AND A COMPRF. I-~NSIV'~ STATE ENERGY STRATEGY ~'O-I~KEAL the [INSERT CI'I'~/COI.r~YI is concerned over the increasing impact oi e_n~rgy rates and a-¢aflabil/ty to our resider, ts and businesses; and WHEREAS, the [INSERT CITY/COUNTY] is concerned about recent actions being taken to resolve the energy crisi~ m the State; and WI-I~REA$, the [INSERT CITYICOL~fTY] has become increasingly concerned by the apparent mab/lity of the State to provide and ¢ommu:Ucate feasible short and long-term solutions to the energy crisis facing the [INSERT [IlY/COI. IIqTY], the San Diego region and the State of C~rl/fomia; and WHF. P,E. AS, the State, up to this po/nE has not provided the information to the [INSERT CIT~/COUNTIq necessary for us to make irdormed judgements reg~ the propo[al ta purd~se ~ransrmssion lines and other energy related actions by the State; and WHERKq$, the IlNSERT CITY/COUNTYI is increasingly concerned about the impact ~hat the energy cris~ w/Il have on the [INSERT CITYICOUNTYI_, the San Diego region ~nd the _Crate economy, e*pecially given the State's propens/e7 to balance budget shortages to ou~ detriment which w/Il impact our ability to proxfde nece~sai2,,' local services and mf-rastmcture au: constituents; and WHERF. AS, the [INSERT CITY/COUNTY] ha, a number of unanswered questions about th~ purchase o~ ~ transmtasiorl lines including the co~t of the system, inappropriate submctiza~ion of the ut~lit/es {especially if lease backs are involved), long-term costs with maintenance and other costs; NOW THERI~ORE BE IT RESOLVED that the [INSERT CITY/COUNTY] oppose~ the State proposal to acq-a/~ transmission lines of pacffSC Gas and Electric, Southern C.,~Orma Ectison, and $an Diego Gas and Electric without m~_assary tnfcrtmatlon and · comprehensive State *nargy stramgy; and BE IT FURTHER RESOLVED that this post~ion be commtmicated to the Governor and the State Legislature. PASSED AN1) AIX)I'I'~D ~ [INSI~RT CI1Y OF CHULA VISTA OFFICE OF THE CiTY ATTORNEY Date: March 28, 2001 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney ~ Re: Report Regarding Actions Taken in Closed Session for the Meeting of 3/27/01 The City Council of the City of Chula Vista met in Closed Session on 3/27/01 to discuss: · CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A): Cowan v. city of Chula Vista (USDC99CV05165LAB) Tuchscher Development, Inc. v. Lennar (GIC 758620) The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK:lgk IA 276 FOURTH AVENUE . CHULA VISTA ' CALIFORNIA 91910 . (619) 691-5037 . FAX (619)~409'$823 COUNCIL AGENDA STATEMENT Item Meeting Date 4/3/01 ITEM TITLE: Resolution Rejecting bids for the "Median Modifications on Telegraph Canyon Road East of Medical Center Drive in the City of Chula Vista, Califomia (ST-980)" Project. SUBMITTED BY: Director of Public Works /~ REVIEWED BY: City Manager 0~ (4/Sths Vote: Yes_No~ On January 3, 2001, the Director of Public Works received sealed bids for the "Median Modifications on Telegraph Canyon Road East of Medical Center Drive in the City of Chula Vista, California (ST-980)" Project. The work to be done includes: mobilization, excavation and grading, removal and disposal of existing improvements, installation of A.C. pavement, crushed aggregate base, curb and gutter, cold planing, saw cutting, 4" P.C.C. stamped and colored concrete median, street lighting, pavement striping and marking, traffic control, protection and restoration of existing improvements. The work also includes all labor, material, equipment and transportation necessary for the project. RECOMMENDATION: That Council reject bids received for the project due to an item that was not included in the original specifications (restrictions on working hours) and direct the Director of Public Works to re-advertise the project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project provides for the modifications of the raised median needed to increase the left turn pocket opening by approximately 200 feet on westbound lanes of Telegraph Canyon Road to southbound lanes of Medical Center Drive. The demand for left turn movements exceeds the existing left mm pocket capacity for most of the day, creating a traffic backup on westbound lanes of Telegraph Canyon Road. Increasing the left turn pocket opening will ease the traffic backup on westbound lanes of Telegraph Canyon Road, decrease the ~vater utility cost due to reduced irrigation and planting area in the median. The general scope of the project involves the excavation and grading, removal and disposal of existing improvements, installation of AC pavement, crushed aggregate base, curb & gutter, cold planing, saw cutting, 4" P.C.C. stamped and colored concrete median, 4" P.V.C. drain pipe, street lighting, pavement striping and marking. The work also includes all labor, materials, equipment, transportation, protection of existing improvements and traffic control necessary for the project and other work necessary to perform the new improvements complete and workable. Engineering staff prepared plans and specifications and advertised the project. Staff received and opened bids for the project on January 3, 2001. Page 2, Item __ Meeting Date 4/3/01 Following Council action on this item, staff will re-advertise the project immediately. A new bid date will be set for the last Wednesday in April or sooner. The contract award process requires approximately two months before work can proceed. The anticipated start work date is late June, 2001. The City received bids from seven contractors as follows: CONTRACTOR BID AMOUNT 1. Koch-Armstrong General Engineering, Inc., Lakeside, California $54,800.00 2. Jimenez Inc. DBA MJC Construction, Chula Vista, California $76,225.00 3. Merritt Construction, San Diego, California $78,751.00 4. E.V. Constructors Inc., San Diego, California $79,135.59 5. Star Paving, San Diego, California $86,300.00 6. Pullman Engineering, Inc., San Diego, California $88,851.38 7. Scheidel Contracting & Engineering, Inc., La Mesa, California $96,525.00 The low bid by Koch-Armstrong General Engineering, Inc. is below the Engineer's estimate of $75,725.00 by $20,925.00 or approximately 28%. However, after the bid opening, during Staff review of the project, it was determined that a restriction on working hours on Telegraph Canyon Road should have been included in the Traffic Control Section of the project specifications. Because the cost of the reduced work hours was not included in the bids received, it was determined that the best option was to modify the specifications and re-advertise the project. The City engineering staff ~vill revise the bid specifications to clarify items in the original specifications. This will include the following: 1. Adding a new item for traffic control on the working hours restriction. The contractor will be prohibited from closing any lanes in the peak hour. 2. Setting a new date to receive bids for the project. Therefore, based on the above stated reasons, staff recommends that all bids received for the "Median Modifications on Telegraph Canyon Road East of Medical Center Drive" project be rejected by the City Council. Fiscal Impact: There will be minor staff costs to re-bid the project. H:\HOM E\ENGINEER~AGENDA\ST980-A [ 13-rej-bid.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR THE MEDIAN MODIFICATIONS ON TELEGR3tPH CANYON ROAD EAST OF MEDICAL CENTER DRIVE IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-980) PROJECT WHEREAS, on January 3, 2001, the Director of Public Works received the following seven sealed bids for the "Median Modifications on Telegraph Canyon Road East of Medical Center Drive in the City of Chula Vista, Ca. (STL-980)": CONTRACTOR BID AMOUNT 1. Koch-Armstrong General Engineering, Inc., Lakeside, $54,800.00 california 2. Jimenez Inc. DBA MJC Construction, Chula Vista, $76,225.00 California 3. Merritt Construction, San Diego, California $78,751.00 4. E.V. Constructors Inc., San Diego, California $79,135.59 5. Star Paving, San Diego, California $86,300.00 6. Pullman Engineering, Inc., San Diego, California $88,851.38 7. Scheidel Contracting & Engineering, Inc., La Mesa, $96,525.00 California WHEREAS, the low bid by Koch-Armstrong General Engineering, Inc. is below the Engineer's estimate of $75,725.00 by $20,925.00 or approximately 28% which estimate was based on average prices for similar type of work completed during the last three years; and WHEREAS, however, after the bid opening, during staff review of the project, it was determined that a restriction on working hours on Telegraph Canyon Road should have been included in the Traffic Control Section of the project specifications and because the cost of the reduced work hours was not included in the bids received, it was determined that the best option was to modify the specifications and readvertise the project. WHEREAS, Engineering staff will revise the bid specification to clarify items in the original specifications; and 1 WHEREAS, based on the above stated reasons, staff recommends that all bids received be rejected. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby reject bids for the "Median Modifications on Telegraph Canyon Road East of Medical Center Drive in the City of Chula Vista" due to an item that was not included in the original specifications (restrictions on working hours) and direct the Director of Public Works to re-advertise the project. Presented by Approved as to form by John P. Lippitt Jo~n M. ~a~ny ' Director of Public Works City Attorney [H:/HOM E~ATTORN EY\RESO\ Median Modifications TC (March 22, 2001 (11:9AM}] 2 COUNCIL AGENDA STATEMENT ITEM ~'~' MEETING DATE April 37 2001 ITEM TITLE: A) RESOLUTION For Paying and Reporting the Value of Employer Paid CalPERS Member Contributions (EPMC) for Fire Safety Members B) RESOLUTION For Paying and Reporting the Value of Employer Paid CalPERS Member Contribution (EPMC) for Police Safety Members SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES{~(~ REVIEWED BY: CITY MANAGER ,.~/r~,2 ~ (4/Sth Vote: Yes No X.) Both the Memorandum of Understanding between the International Association of Firefighters (IAFF) Local 2180 and the City of Chula Vista that was reached in September 1998, and the amended Memorandum of Understanding that was reached with the Chula Vista Police Officers Association (POA) in December 2000, include provisions that the City will pay and report normal California Public Employees Retirement System (CalPERS) member contributions as additional compensation, effective July 1,2001, and July 1,2004, respectively. These resolutions are a necessary step in meeting those obligations. RECOMMENDATION: That Council adopt the resolutions. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The Fire and Police employee groups desired, and the City has agreed, to report the normal CalPERS member contributions that the City is already contributing on behalf of these employees (currently 9%) as compensation for purposes of calculating their retirement allowance. CalPERS offers two legitimate methods for employers to boost their employees' compensation on which their retirement allowances are calculated. Both methods have the same net effect on the employee's retirement allowance calculation; the difference lies in the ease of administration for all parties. The first method, and the one originally contemplated to achieve this goal is by contract amendment. This method is known as the Employer Paid Member Contributions Converted to Payrate during the Final Compensation Period (Section 20692). The ! 3-/ employers who have used this method and CalPERS have found that it is cumbersome and administratively difficult not only for CalPERS, but also for the employers and for the employees. It requires the employee contemplating retirement to know and announce their intentions a year in advance of their retirement date so that adjustments can be made to their pay and the reporting of their income. Due to many factors this has not always been practical, and has called for considerable retroactive calculations and confusion. Additionally, once this type of contract amendment has been made it is forever irrevocable eliminating any flexibility should the needs for priorities of the employee group change, or should the financial picture of the City change in the future. As a result of these concerns, and in order to accommodate the popularity of this benefit, CalPERS devised the methodology that is contemplated by the action presented here, Paying and Reporting EPMC by resolution. This method does not require any advance notification by those intending to retire, it is significantly easier to administer, and it offers more flexibility. Although the EPMC is reported on all employees of a group or class of employees, CalPERS expects the cost under either method to be the same. The Memorandum of Understanding between IAFF and the City states that the effective date of this benefit will be July 1, 2001, which is not the first date of the pay period. The Memorandum of Understanding between the POA and the City states that the effective date of this benefit will be July 1,2004, which is also not the first date of a pay period. RECOMMENDATION: After reviewing the two methodologies of meeting these contractual obligations, it is recommended that the City implement the Paying and Reporting the Value of Employer Paid Member Contributions via resolution, not contract amendment. It is further recommended, for ad ministrative ease that the effective dates of these resolutions be made to coincide with the first date of the pay period, in which July 1st falls, June 29, 2001, and June 25, 2004, respectively. FISCAL IMPACT: The estimated annual cost of these benefits is $162,000 beginning in FY 2001/02 for the IAFF benefit, and $518,500 beginning in FY 2004/05 for the POA benefit. RESOLUTION NO. 2001- RESOLUTION OF THE CiTY COUNCIL OF THE CiTY OF CHULA VISTA IMPLEMENTING THE "PAYING AND REPORTING THE VALUE OF EMPLOYER PAID CALPERS MEMBER CONTRIBUTIONS" (EPMC) FOR FIRE SAFETY MEMBERS WHEREAS, the Memorandum of Understanding between the International Association of Firefighters Local 2180 and the City of Chula Vista that was reached in September 1998, includes provisions that the City will pay and report normal CalPERS member contributions as additional, compensation, effective July 1, 2001; and WHEREAS, the Paying and Reporting EPMC methodology does not require any advance notification by those intending to retire and is significantly easier to administer and offers more flexibility; and WHEREAS, the estimated annual cost of these benefits is $162,000 beginning in FY 2001/02; and WHEREAS, it is necessary to adopt a resolution to meet this obligation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby implement the "Paying and Reporting the Value of Employer Paid CalPERS Member Contributions" (EPMC) for Fire Safety members effective June 29, 2001 (the date of the pay period in which July 1st , 2001 Palls). Presented by Approved as to form by Director of Human Resources H:\home\attomey\rs\EPMC FIRE RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING THE "PAYING AND REPORTING THE VALUE OF EMPLOYER PAID CALPERS MEMBER CONTRIBUTIONS" (EPMC) FOR POLICE SAFETY MEMBERS WHEREAS, the Memorandum of Understanding between the Chula Vista Police officers Association and the City of Chula Vista that was reached in December 2000, includes provisions that the City will pay and report normal CalPERS member contributions as additional. compensation, effective July 1, 2004; and WHEREAS, the Paying and Reporting EPMC methodology does not require any advance notification by those intending to retire and is significantly easier to administer and offers more flexibility; and WHEREAS, the estimated annual cost of these benefits is $518,500 beginning in FY 2004/05; and WHEREAS, it is necessary to adopt a resolution to meet this obligation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby implement the "Paying and Reporting the Value of Employer Paid CalPERS Member Contributions" (EPMC) for Police Safety members effective June 25, 2004 (the date of the pay period in which July Ist , 2004 falls). Presented by Approved as to form by Candy Emerson J.z~n~. Kah~en/C-~- Director of Human Resources ~y/Attorney [ [:\home\attomey\rs\[-.P M C Police COUNCIL AGENDA STATEMENT Item t~ Meeting Date: April 3~ 2001 ITEM TITLE: Resolution Approving Change Orders for F.J. Willert for $143,989 and Roejack Roofing for $216,305, both associated with the construction of the Public Works Operations Facility and Corporation Yard and authorizing City Manager or his designee to execute said Change Orders Resolution Waiving the Bidding Process and Approving a Specialty Contract with Interclean Equipment, Inc., in the amount of $124,705 for the Drive-Through Touchless Washer Equipment and authorizing City Manager or his designee to execute said Specialty Contract Agreement SUBMITTED BY: Director of Public Work{r~~ approved the award of multiple contracts for the construction of the Corporation Yard Project. Highland Partnership, Inc., the City's construction manager, along with City staff, have been overseeing the construction work. On March 6, 2001, the City Council approved a resolution ratifying staff's actions approving change orders valued at $275,524. Approval of tonight's resolutions will 1) approve change orders for F.J. Willert for $143,989 and Roejack Roofing for $216,305, and authorize City Manager or his designee to execute said change orders and 2) waive the bidding process and approve a specialty contract agreement with Interclean Equipment, Inc., in the amount of $124,705 for the drive-through touch-less washer equipment. Following tonight's actions, the total value of change orders approved to date for the construction of the Corporation Yard project is $635,818.00, which is approximately 3.5% of the project construction budget. RECOMMENDATION: That Council: 1) approve change orders for F.J. Willert for $143,989 and Roejack Roofing for $216,305, both associated with the construction of the Public Works Operations Facility and Corporation Yard and authorizing City Manager or his designee to execute said change orders, 2) waive the bidding process and approve a specialty contract agreement with Interclean Equipment, Inc., in the amount of $124,705 for the drive-through touch-less washer equipment that will be placed at the Public Works Operations Facility and Corporation Yard and authorize City Manager or his designee to execute said specialty contract agreement. BOARDS/COMMISSIONS APPROVAL: Not applicable DISCUSSION: On September 26, 2000, the City Council amended Policy #574-01 authorizing the City Manager to approve all change orders pertaining to the Public Works Operations Facility and Corporation /! Page 2, Item Meeting Date: 4/3/2001 Yard project with a single change order value not exceeding $50,000 and a cumulative value of up to $250,000. Each of the two change orders presented tonight for approval by the City Council exceeds the $50,000 limit. City and Highland staffs have investigated and finalized review of the following two change orders: 1. Grading Work in the amount of $143,989.00 (FJ Willert) The soils engineer, AMEC, conducted a more detailed exploration and analysis of the site during the construction phase. As a result of their findings, AMEC required that more extensive measures be undertaken throughout the site. The proposed change order is partially a result of such measures. Also, the grading contractor encountered some difficulties during the grading work related primarily to the stability of the hillside and the presence of poor soils conditions. As a result, approximately 35,000 tons of expansive soil was required to be exported to the neighboring landfill site and more suitable soil material imported from other sites. Staff has completed negotiations with the landfill representatives on this issue. Staff and the landfill representatives have tentatively agreed to allow the future ultimate height of the landfill to increase by nine inches over the entire landfill. This action is allowed within the original CEQA approvals for the landfill and requires no formal action by Council. As a result, the landfill will relieve the City of all tipping fees and charges totaling approximately $1.2M. Staff will report back in the near future as soon as the negotiations are concluded. 2. Roofing Work in the amount of $216,305.00 (Roejack Roofing) City Staff commissioned a Roofing Survey of the Existing Administration Building, Shops & Central Receiving Buildings. Results of the Roofing Survey determined that the existing Built Up Roofing System had at most 2-3 years remaining life expectancy. Based on this information, the decision was made to upgrade the specification for the new roofing and re-roof existing areas with an energy-efficient, fifteen year, Cool Roof System, for an additional cost of approximately $35,000. The City has used this manufacturer on other City owned buildings with a high degree of success. Based on data provided by the manufacturer, the potential benefit can reasonably be expected in the range of 10% energy savings. Approximately $180,000 of the proposed Change Order's cost is for the purpose of replacing the existing roofs over the administration building, shops and central receiving buildings. Vehicle Wash Equipment: Following the Public Bid Opening on August 24, 2000, Bid Package J.3, Vehicle Wash Equipment was awarded to Ross & White, Inc. Bid package J.3 included two major types of vehicle wash systems: a brush system and a touch-less wash system. Council awarded the original bid package, which consisted of both wash systems in the amount of $218,970 ($100,813 for the touch-less and $118,157 for the brush system). The specifications for the touch-less wash system identified the prime manufacturer of this system as Interclean Equipment, Inc. but made provisions for alternate manufacturers, contingent Page 3, Item '7' Meeting Date: 4/3/2001 upon compliance with the specifications and documentation requirements. During the submittal process, Highland Partnership and City staff discovered that the touch-less equipment submitted was actually equipment of Ross & White's own design. Further, it was confirmed that the submitted design incorporated several items that were proprietary elements of the Interclean equipment. When this fact was presented to the Ross & White Company, they indicated that they would not be able to comply with the specifications and formally requested relief from the touch- less vehicle wash portion of their contract in the form of a deductive change order for the equipment bid value of $100,813.00. Intemlean Equipment, Inc., the prime manufacturer of the specified touch-less equipment, submitted a bid during the first public bid phase for the project. At the time, Interclean's bid had been determined to be non-responsive since they had bid on only the touch-less part of the bid package. Based on further review and at City staff's request, Highland contacted Interclean Equipment, who agreed to hold to their original bid price for the touch-less wash system. Their bid price, including Bond is $124,705.00. The difference of $23,892 will be covered from project contingencies previously approved by Council. Municipal Code section 2.56.080 sets out the competitive bid procedures for the purchase of supplies, equipment and services estimated to exceed $100,000. Municipal Code section 2.56.070 provides for an exception to that requirement when found to be impractical, impossible or City interests are materially better served by a different purchasing procedure. The equipment being recommended for purchase this evening is a stand-alone vehicle wash system. This system is being placed at the Corporation Yard for convenience. Re-bidding this system is impractical for a variety of reasons including the proprietary nature of the equipment design favored by the City, the lead time necessary to receive the equipment and the costs that will result from delays to the critical construction path of the project if an additional bidding process is required. Staff is confident the City's interests are materially better served by waiving the bidding process because of the previous bid that was conducted and Interclean's willingness to honor that price even though the equipment has been improved since that time. Consequently, Staff is asking the City Council to waive the competitive bidding process and approve the Specialty Contract with Interclean Equipment. Staff has discussed this issue with the City Purchasing Agent and he is in agreement with Staff's recommendation. FISCAL IMPACT: These resolutions will 1) approve change orders for F.J. Willert for $143,989 and Roejack Roofing for $216,305, and authorize staff to execute said change orders and 2) waive the bidding process and approve a specialty contract agreement with Interclean Equipment, Inc., in the amount of $124,705 for the drive-through touch-less washer equipment. Following tonight's actions, the total value of change orders approved to date for the construction of the Corporation Yard project is $635,818.00, which is approximately 3.5% of the project construction budget and well within the industry standard. There is no need for additional appropriation since the City Council had previously approved 5% contingencies when bids were awarded. File: 0735-10-GG131 H:\SHARED\ENGINEER\CorpYar dCO3A113.doc RESOLUTION NO. 2001 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS FOR F. J. WILLERT FOR $143,989 AND ROEJACK ROOFING FOR $216,305, BOTH ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE SAID CHANGE ORDERS WHEREAS, City and Highland staff have investigated and finalized the following two change orders: 1. Roejack Roofing, Inc. - $216,305.00 City Staff commissioned a Roofing Survey of the Existing Administration Building, Shops & Central Receiving Buildings. Results of the Roofing Survey determined that the existing Built Up Roofing System had at most 2-3 years remaining life expectancy. Based on this information, the decision was made to upgrade the specification for the new roofing and re-roof existing areas with an energy- efficient, fifteen year, Cool Roof System, for an additional cost of approximately $35,000. The City has used this manufacturer on other City owned buildings with a high degree of success. Based on data provided by the manufacturer, the potential benefit can reasonably be expected in the range of 10% energy savings. Approximately $180,000 of the proposed Change Order's cost is for the purpose of replacing the existing roofs over the administration building, shops and central receiving buildings. 2. F.J. Willert Contracting Co., Inc. - $143,989.00 The soils engineer, AMEC, conducted a more detailed exploration and analysis of the site during the construction phase. As a result of their findings, AMEC required that more extensive measures be undertaken throughout the site. The proposed change order is partially a result of such measures. Also, the grading contractor encountered some difficulties during the grading work related primarily to the stability of the hillside and the presence of poor soils conditions. As a result, approximately 35,000 tons of expansive soil was required to be exported to the neighboring landfill site and more suitable soil material imported from other sites. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve Change Orders for F. J. Willert for $143,989 and Roejack Roofing for $216,305, both associated with the construction of the Public Works Operations Facility and Corporation Yard. BE IT FURTHER RESOLVED that the City Manager or his designee is hereby authorized to execute said Change Orders on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Jbhn/ffi. Kaheny Director of Public Works CPc? Attorney H:\Home\Anomey\Rs\CorpYard7 RESOLUTION NO. 200 l- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BIDDING PROCESS AND APPROVING A SPECIALTY CONTRACT WITH INTERCLEAN EQUIPMENT, INC. iN THE~ AMOUNT OF $124,705 FOR THE DRIVE-THROUGH TOUCHLESS WASHER EQUIPMENT AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE SAID SPECIALTY CONTRACT AGREEMENT WHEREAS, following the Public Bid Opening on August 24, 2000, Bid Package J.3, Vehicle Wash Equipment was awarded to Ross & White, inc. which included two major types of vehicle wash systems: a brash system and a touchless wash system; and WHEREAS, the specifications for the touch-less wash system identified the prime manufacturer of this system as lnterclean Equipment, Inc. but made provisions for alternate manufacturers, contingent upon compliance with the specifications and documentation requirements; and WHEREAS, during the submittal process, Highland Partnership and City staff discovered that the touchless equipment submitted was actually equipment of Ross & White's own design and it was confim~ed that the submitted design incorporated several items that were proprietary elements of the Interclean equipment; and WHEREAS, when this fact was presented to the Ross & White Company, they indicated that they would not be able to comply with the specifications and formally requested relief from the touch-less vehicle wash portion of their contract in the form of a deductive change order for the equipment bid value of $100,813.00; and WHEREAS, Interclean Equipment, Inc., the prime manufacturer of the specified touch- less equipment, submitted a bid during the first public bid phase for the project and their bid had been determined to be non-responsive since they bid on only the touch-less part of the bid; and WHEREAS, based on further review and at City staff's request, Highland contacted Interclean Equipment, who agreed to hold to their original bid price and indicated that the equipment has since been improved; and WHEREAS, lnterclean's bid price, including Bond is $124,705.00 which is a difference of $23,892 that will be covered from project contingencies previously approved by Council; and WHEREAS, staff recommends that the City Council waive the bidding process as impractical and as the City's interests are materially better served by awarding to Intemlean Equipment because of the proprietary nature of the design thvored by the City, the lead time necessary to receive the equipment and the avoidance of delays to the critical construction path o f the project; and WHEREAS, staff is confident that this stand alone piece of equipment, which is being placed at the Corporation Yard for convenience, is reasonably priced since Interclean Equipent is honoring their previously competitively bid price even though the equipment has been improved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive, pursuant to Municipal Code Section 2.56.070, the bidding process and approve a Specialty Contract with Interclean Equipment, Inc. in the amount of $124,705 for the Drive-Through Touchless Washer Equipment. BE IT FURTHER RESOLVED that the City Manager or his designee is hereby authorized to execute said Specialty Contract on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt . Jf~..n M. Kaheny ~ Director of Public Works ~W'City Attorney COUNCIL AGENDA STATEMENT Item --~ Meeting Date 4/3/01 TITLE: Resolution Waiving the City's formal bidding process, approving an Agreement between the City of Chula Vista and Bahman Sheikh Ph.D., P.E. for preparation of reports and analyses of water conservation measures for three development projects and work on the development of gray water systems, authorizing the Mayor to execute said Agreement and amending the fiscal year 2000/2001 budget by appropriating $50,000 to the Department of Public Works, Engineering Division from the available fund balance of the Special Sewer Fund. SUBMITTED BY:Director of Planning and Buildir~g of Public Works ~ Director REVIEWED BY: City Manage ~, (4/5th Vote: Yes X No The City's Growth Management Ordinance requires Water Conservation Plans (WCP's) be prepared for all major development projects. Formal guidelines have never been adopted for the preparation of WCP's and staff is now undertaking an effort to develop guidelines for future implementation. This effort involves an evaluation of the relative effectiveness, costs and issues associated with the implementation of additional water conservation measures beyond those currently mandated, in three new development projects. This report requests City Council approval of a proposed Agreement between the City and Barman Shiekh, Ph.D., P.E., for $50,000 to provide consulting services to analyze technical water saving devices, evaluate three proposed projects, develop standards for gray water and expanded recycled water systems and continue efforts to develop a gray water pilot demonstration project. RECOMMENDATION: That the City Council approve the Resolution. BOARDS/COMMISSIONS RECOMMENTATION: N/A DISCUSSION: Background All major development projects (50 dwelling units or greater) are required by the Gro~vth Management Ordinance to prepare a Water Conservation Plan (WCP). There are no formal, adopted guidelines to-date, and developers have prepared the required WCP's based primarily on State and Federal mandates and requirements of the local water districts. The City Council has expressed a desire that other currently non-mandatory water conservation measures, including Page 2, Item__ Meeting Date 4/3/01 potential gray water and expanded recycled water systems, be considered in future Water Conservation Plans. There are now three SPA Plans (EastLake III, Otay Ranch Village 6 and Village 11) under preparation and review. With the cooperation of the developers, EastLake Development, McMillin Communities and Brookfield/Shea, staff has initiated a "Pilot Project" to study water conservation issues and ultimately develop guidelines for future WCP's. Proposed Pilot Project As mentioned above, the developers of three SPA Plans currently under preparation have agreed to participate in the proposed pilot project evaluating the relative effectiveness and costs of potential, additional water conservation measures in their projects. The scope of the Pilot project requires that a consultant with specialized technical expertise be retained. Bahman Sheikh, Ph.D., P.E., Water Reuse Specialist will conduct studies and prepare reports consisting of the following main components: · Analysis of specific technical devices and their associated water savings and implementation costs. · Feasibility analysis and development of standards for gray water and expanded recycled water system use. · Evaluate the three SPA Plans assessing specific water use efficiency measures under current mandates and also with implementation of additional conservation measures. · Review and comment on draft WCP's submitted by developers. Gray Water Demonstration Proiect In addition to the above work, the proposed contract also includes services from Mr. Sheikh to provide assistance and advise to City staff. This includes assistance in obtaining a loan from the State of California Water Reclamation Loan Fund for the development of a gray water irrigation system demonstration project. Contingent upon the award of the loan, the contract also provides for his services to administer and implement the demonstration project. It should be noted that Dr. Sheikh has previously provided services to the City in conjunction with the preparation and filing of the loan application. The City should be notified within the next four months if the application was successful. Dr. Sheikh will provide additional advice and assistance as needed, per an hourly basis not to exceed the contract amount. Sole Sourcing of Contract Barman Sheikh Ph.D., P.E. has extensive experience working with government agencies in California and throughout the world. In addition, he is the City's consultant for ongoing gray water studies and is familiar with the City's water conservation goals. Page 3, Item__ Meeting Date 4/3/01 Pursuant to provisions of the City's purchasing regulations (CVMC Section 2.56.070.B.4), staff has found Bahman Shiekh to be uniquely qualified and capable of performing the work, and is proposing to sole source the consulting contract for thepilot studyto Mr. Sheikh. Staff received a proposal of $50,000 from Bahman Sheikh for his services. FISCAL IMPACT: Bahman Sheikh's total cost to prepare the water conservation studies and reports, and the gray water demonstration project is $50,000. Of this, $25,000 is associated with the water conservation pilot study and reports and, the remaining $25,000 with the gray water issues including the demonstration project. The entire contract amount will be paid by amending the FY2000/2001 budget by appropriating $50,000 to the Department of Public Works, Engineering Division from the available fund balance of the SBFD 292, Special Sewer Fund. There is an existing balance of $772,617 available in this account. As noted in this report, Bahman Sheikh has previously conducted work for the City during 1999 and 2000 under a purchase order, and has received $14,138 from the City during the last twelve month period. H:\SHARED\PLANNING\BHMNA113.DOC RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIViNG THE CITY'S FORMAL BIDDiNG PROCESS, APPROViNG AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BAHMAN SHEIKH, PH.D.P.E. FOR PREPARATION OF REPORTS AND ANALYSES OF WATER CONSERVATION MEASURES FOR THREE DEVELOPMENT PROJECTS AND WORK ON THE DEVELOPMENT OF GRAY WATER SYSTEMS, AUTHORIZiNG THE MAYOR TO EXECUTE SAID AGREEMENT AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATiNG $50,000 TO THE DEPARTMENT OF PUBLIC WORKS, ENGINEERING DIVISION FROM THE AVAILABLE FUND BALANCE OF THE SPECIAL SEWER FUND. WHEREAS, the City of Chula Vi sta's Growth Management Ordinance requires that all major development projects prepare a Water Conservation Plan (WCP) at the time of Sectional Planning Area (SPA) Plan preparation; and WHEREAS, there are no formal, adopted City guidelines for preparation of WCP's beyond the local water district, State and Federal mandates; and, Whereas, the City Council has expressed a desire that future WCP's include additional water conservation measures beyond existing mandates including consideration of gray water and expanded recycled water irrigation systems; and, WHEREAS, there are three SPA Plans under preparation and review (Eastlake III, and Otay Ranch Village 6 and Village 11) which must prepare WCP's assessing the projects water conservation measures; and WHEREAS, the knowledge and experience necessary to study and prepare guidelines and make recommendations for the three SPA plans WCP's requires the hiring of a consultant; and WHEREAS, pursuant to the Chula Vista Municipal Code Section 2.56.070 B4, staff has determined that the contract meets the criteria for sole sourcing as follows: 1. Bahman Sheikh, Ph.D., P.E. serves as the City's Consultant in the preparation of studies and funding requests for the development of a gray water irrigation system demonstration project and is very familiar with the City's water conservation goals. 2. Bahman Sheikh, Ph.D., P.E. is uniquely qualified and knowledgeable in the area of teclmical water conservation devices and systems; and WHEREAS, Bahman Sheikh Ph.D., P.E. warrants and represents that he is experienced and staffed in a manner such that he can prepare and deliver the services required of Consultant to City within the time frames, and pursuant to the scope of services herein provided all in accordance with the terms and conditions of the agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the formal bidding process. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement with Bahman Sheikh Ph.D., P.E. for the preparation of reports and analyses of water conservation measures for three SPA Plans and work on the development of gray water systems. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute the agreement between the City and Bahman Sheikh, Ph.D., P.E. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2000/2001 budget by appropriating $50,000 to the Department of Public Works, Engineering Division, from the available fund balance of the Special Sewer Fund. Presented by Approved as to form by Robert A. Leiter Jo~TM~ah~y--~¢~'{~ ~ Director of Planning and Building City Attorney H:\SHARED\PLANNING\BHMNRESO DOC Agreement between City of Chula Vista and Bahman Sheikh, Ph.D., P.E. for Consulting Services This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City of Chula Vista's Growth Management Ordinance requires that all major development projects prepare a Water Conservation Plan (WCP) at the time of Sectional Planning Area (SPA) Plan preparation; and Whereas, there are no formal, adopted City guidelines for preparation of WCP's beyond the local water district, State and Federal mandates; and Whereas, the City Council has expressed a desire that future WCP's include additional water conservation measures beyond existing mandates including consideration of gray water and expanded recycled water irrigation systems; and Whereas, there are three major SPA Plans under preparation and review (EastLake III, and 0tay Ranch Village Six and Village Eleven) which must include WCP's assessing the projects water conservation measures; and H:~SHARED\PL~NNING~bahman contract2.doc Page 1 3/27/01 3:37:51 PM Whereas, the knowledge and experience necessary to study and prepare guidelines and make recommendations for the three SPA plans WCP's requires the hiring of a consultant; and Whereas, pursuant to the Chula Vista Municipal Code Section 2.56.070 B4, staff has determined that the contract meets the criteria for sole sourcing as follows: 1. Consultant serves as the City's Consultant in the preparation of studies and funding requests for the development of a gray water irrigation system demonstration project and is very familiar with the City's water conservation goals. 2. Consultant is uniquely qualified and knowledgeable in the area of technical water conservation devices and systems; and Whereas, Consultant warrants and represents that he is experienced and staffed in a manner such that he can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) H:~SPL~RED~PL~ING\bahman contract2.doc Page 2 3/27/01 3:37:51 PM Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services H:\S~IARED\PLANNING~bahman contract2.doc Page 3 3/27/01 3:37:51 PM In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (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. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Beat's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). H:\S~{ARED\PLA~NING\bahman contract2.doc Page 4 3/27/01 3:37:51 PM Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, 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 by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated H:\SHARED~PLANNING~bahman contract2.doc Page 5 3/27/01 3:37:51 PM 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 Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, 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. I. 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 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a H:[SMARED\PLANNING\bahman contract2,doc Page 6 3/27/01 3:37:51 PM basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, 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 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. Ail 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 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. H:\SHARED\PLkNNING~bahman contract2.doc Page 7 3/27/01 3:37:51 PM 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 per- formance. 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 14 ("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 15, 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 15 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 H:~SKARED\PLANNING~bahman contract2.doc Page 8 3/27/01 3:37:51 PM 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. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries H:\SFIARED\PLANNING\bahman contract2.doc Page 9 3/27/01 3:37:51 PM of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. 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 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 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 which 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 the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall H:~S~ARED~PLA~NING~bahman contract2.doc Page 10 3/27/01 3:37:51 PM not be limited by any prior or subsequent declaration by the Consultant. 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, H:~SKARED\PLANNING~bahman contract2.doc Page 11 3/27/01 3:37:51 PM 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 novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to H:\SNARED\pLANNING\bahman contract2.doc Page 12 3/27/01 3:37:51 PM 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. 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 H:~SHARED\PLANNING\bahman contract2.doc Page 13 3/27/01 3:37:51 PM cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant 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 16 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 H:~S~L~RED~PLkNNING\bahman contract2.doc Page 14 3/27/01 3:37:51 PM 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 Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] H:~SHARED\PLAN~ING~bahman contract2.doc Page 15 3/27/01 3:37:51 PM MeR 28 EOOl 3:i~PM MeIL BOXES ETC Signature Page to Agreement between City of Chula Vista and Bah~an Sheikh, Ph.D., P,E. For Consulting Services 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: , 20__ City of Chula vista bY;sh~r%'e¥ H6rton, Attest: Approved as to foJ~: Dated: Consultant: Ba 'kb p~ Exhibit Lint to Agreement i x ) g~hibit A. t X ) Exhibit B - Consultant's submitted work program, budget a~d schedule. Exhibit A to Agreement between City of Chula Vista and Bahman Sheikh, Ph.D., P.E. 1. Effective Date of Agreement: 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: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Bahman Shiekh, Ph.D., P.E. 5. Business Form of Consultant: (X) Sole Proprietorship ( ) Partnership ( ) Corporation H:\S~ARED\pLANNING~bahman contract2.doc Page 17 3/27/01 3:37:51 PM 6. Place of Business, Telephone and Fax Number of Consultant: 3524 22nd Street San Francisco, California 94114-3406 Voice Phone (415) 695-1178 Fax Phone (415) 648-3765 7. General Duties: Part I. The Consultant shall analyze and prepare a report regarding specific technical devices and their associated water savings and implementation costs. The Consultant shall prepare a report including a feasibility analysis and development of standards for gray water and expanded recycled water systems. The Consultant shall conduct an evaluation of each of the three proposed SPA Plans and prepare a report assessing water use efficiency under current mandates and also with implementation of additional conservation measures. The Consultant shall review and comment on draft Water Conservation Plans submitted by developers for each SPA Plan and prepare a report. Part II. The Consultant shall provide liaison with the State Water Resources Control Board regarding the City's loan application process and final approval with the State of California's Water Reclamation Loan Fund. The following duties are contingent upon approval of the City's loan application request or the Director of Public Works. The Consultant shall not initiate work until authorized in writing by the City.: M:~$~ARED~PL~ING~bahman contract2.doc Page 18 3/27/01 3:37:51 PM The Consultant shall provide liaison with providers of gray water systems. The Consultant shall prepare documentation and finalization of the loan agreement. The Consultant will provide services for gray water matters as required by staff. The Consultant shall prepare a Request for Proposal soliciting qualified gray water system providers to participate in a gray water pilot project. The Consultant shall coordinate with City and developers to develop standards for installation, startup and performance of gray water systems, and assist in negotiations with gray water systems providers and developers to implement the gray water pilot project. The Consultant shall develop monitoring, inspection, data collection and maintenance programs for implementation by City personnel and prepare an analysis including recommendations. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Part I The following tasks are the scope of services required in the preparation of the subject water conservation reports and evaluations. Task A-I: Gather and review all available data regarding State, Federal and local Water District mandates regarding gray water and expanded recycled water irrigation systems and water conservation technical devices. Data includes information from H:~SHARED~PI~ING\bahman contract2.doc Page 19 3/27/01 3:37:51 PM sources determined by City staff for consideration in the pilot study, including regulatory and policy issues. Identify and evaluate specific technical water saving devices and review available data regarding their associated water and energy savings and implementation costs and determine the feasibility and cost/benefit of the devices. Hold meetings/conversations with City staff, and affected agencies as necessary to gather and review data identified above. Prepare and circulate a draft summary report including a list of technical water saving devices for review and comment by City staff. Task A-2: Meet with City staff to review and discuss comments on report identified in Task A-1. Finalize the report based on input received from City staff. Task A-3: Based upon the outcomes of Task A-1 and A-2, and at the City's direction, conduct a feasibility analysis and prepare a draft report including current costs, and develop site specific standards and requirements for gray water and expanded recycled water irrigation systems in new development for review and comment by City staff. Task A-4: Meet with City staff to discuss comments on report in Task A-3. Revise and finalize the report based on input and direction by City staff. Task A-5: Conduct an evaluation and analysis of the three SPA Plans and prepare a report including a review and quantification of water use and demand as proposed under currently mandated water conservation measures. In addition, the report shall evaluate the three SPA Plans assuming the implementation of additional technical water saving devices as identified in Task A-1 and A-2, and gray water and/or expanded recycled water H:~SHARED\PI~2~NING\bahman contract2.doc Page 20 3/27/01 3:37:51 PM irrigation systems on those lots where feasible as identified in Task A-3 and A-4. The report shall include an independent cost/benefit analysis of implementing each of the identified water saving devices or systems including benefits that may not be directly accounted in dollars and cents. Circulate draft SPA Plan report for review and comment by City staff. Task A-6: Meet with City staff to discuss necessary revisions to the SPA plan report in Task A-5. Task A-7: Prepare revisions and finalize SPA plan analysis and report identified in Task A-6. Task A-8: Review and comment on draft Water Conservation Plans submitted by developers for each SPA Plan, and make recommendations regarding feasible conservation measures based on the above studies. Task A-9: Meet with city staff to review and discuss recommendations in Task A-8. Prepare final report. Task A-10:Attend one meeting of the City Planning Commission and one meeting of the City Council if determined necessary by the City. If the meetings are determined necessary, Consultant will bill the City for time and materials. Part II The following tasks are the scope of services required in the subject gray water systems development project. Task B-l: Serve as a liaison with the State Water Resources Control Board and process the City's loan application with the State of California, Water Reclamation Loan Fund. Task B-2: Serve as a liaison with providers of gray water systems. H:~S~ARED\PL~ING~bahman contract2.doc Page 21 3/27/01 3:37:51 PM Task B-3: Contingent upon approval of the City's loan application identified in Task B-i, prepare loan agreement documentation and finalization. Task B-4: Contingent upon approval of the City's loan application identified in Task B-I, prepare a Request For Proposal (RFP) seeking and soliciting qualified gray water systems to be used in a gray water pilot project in accordance with the City's requirements. Task B-5: Contingent upon approval of the City's loan application identified in Task B-i, provide liaison with developers for development of standards for installation, startup, and performance of gray water systems. Prepare a summary report. Task B-6: Contingent upon approval of the City's loan application identified in Task B-I, Assist in negotiations with gray water systems providers and developers to implement the gray water pilot project. Task B-7: Contingent upon approval of the City's loan application identified in Task B-i, develop monitoring, inspection, data collection and maintenance programs for implementation by City personnel. Prepare a report for review and comment by City staff. Task B-8: Contingent upon approval of the City's loan application identified in Task B-i, prepare a draft report including analysis, interpretation and recommendations of the data identified in Task B-7 for review and comment by City staff. Task B-9: Contingent upon approval of the City's loan application identified in Task B-l, prepare final report. H:\SHARED\PLANNING\bahman contract2.doc Page 22 3/27/01 3:37:51 PM Task B-10:Provide assistance and advice to staff on graywater and reuse issues as required by City staff. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Part I Deliverable No. la: Ten (10) copies of the draft summary report required in Task A-1 and presented at a meeting with City staff. Due date: Three weeks from City's authorization to proceed. Deliverable No. 2a: Ten (10) copies of the final report and list of water saving devices identified in Task A-2. Due date: One week after Deliverable No. la. Deliverable No. 3a: Ten (10) copies of the draft feasibility analysis and report identified in Task A-3 and presented at a meeting with City staff. Due date: Two weeks after Deliverable No.2a. Deliverable No. 4a: Ten (10) copies of the final report identified in Task A-4 Due date: One week after Deliverable No.3a. H:\SHARED\PIJ%NNING\bahman contract2.doc Page 23 3/27/01 3:37:51 PM Deliverable No. 5a: Ten (10) copies of the preliminary analysis of the three SPA Plans identified in Tasks A-5 and presented at a meeting with City staff. Due date: Three weeks after Deliverable No.4a. Deliverable No. 6a: Ten (10) copies of the final SPA Plan analysis identified in Task A-7. Due date: One week after Deliverable No.5a. Deliverable No. 7a: Ten (10) copies of the preliminary review,comments and recommendations identified in Task A-8 and presented at a meeting with City staff. Due date: One week after Deliverable No. 6a. Deliverable No. Sa: Ten (10)copies of the final comments and recommendations and report in Task A-9. Due date: One week after Deliverable No. 7a. Part II Deliverable No. lb: Contingent upon approval of the City's loan application, five (5) copies of the loan agreement documents identified in Task B-3. Due date: Four months from City's authorization to proceed. Deliverable No. 2b: Contingent upon approval of the City's loan application, five (5) copies of the RFP identified in Task B-4. H:\SHARED\PLANNING\bahman contract2.doc Page 24 3/27/01 3:37:51 PM Due date: One month from Deliverable No. lb. Deliverable No. 3b: Contingent upon approval of the City's loan application, five (5) Copies of the summary report Identified in Task B-5. Due date: Four months from Deliverable No. 2b. Deliverable No. 4b: Contingent upon approval of the City's loan application, five (5) copies of the program report identified in Task B-7. Due date: Two months from Deliverable No. 2b. Deliverable No. 5b: Contingent upon approval of the City's loan application, five (5) copies of the draft report identified in Task B-8. Due date: Three months from Deliverable No. 3b. Deliverable No. 6b: Contingent upon approval of the City's loan application, five (5) Copies of the final report Identified in Task B-9. Due date: Two months from Deliverable No. 5b. D. Date for completion of all Consultant services: Part I Thirteen weeks from the effective date of agreement or as extended by the Director of Planning in the Director's Sole discretion. Part II H:~SHARED\PL~NNING~bahman contract2.doc Page 25 3/27/01 3:37:51 PM Twelve months from the effective date of agreement or as extended by the Director of Public Works in the Director's Sole discretion. 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 Consultant: Growth Management Ordinance, Sample Water Conservation Plans, general water information/studies, draft site plans for EastLake III, Otay Ranch Village 6 and Village 11 SPA Plans including project description. 11. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: __$50,000 , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion H:\SHARED~PLA~NING~bahman contract2.doc Page 26 3/27/01 3:37:51 PM 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. (X) Phased Fixed Fee Arrangement for Part I Services. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. H:\SHARED~PLANNING\bahman contract2.doc Page 27 3/27/01 3:37:51 PM Phase Fee for Said Phase 1. Part I deliverables $_25,000 (X) 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. C. (x) Hourly Rate Arrangement Part II Services For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said H:\S~L~RED\PI~NNING\bahman contract2.doc Page 28 3/27/01 3:37:51 PM Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (x) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be 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 Hourly of Consultant Name Rate Water Reuse Specialist Bahman Sheikh $125 H:\SHARED\PLJ%NNING\bahman contract2.doc Page 2 9 3/27/01 3:37:51 PM ) Hourly rates may increase by 6% for services rendered after December, 2001, 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 Administrator: City: Edgar Batchelder Principal Planner City of Chula Vista Planning & Building Department 276 Fourth Avenue Chula Vista, CA 91910 Consultant: Bahman Sheikh, Ph.D., P.E. Water Reuse Specialist 3524 22nd Street San Francisco, CA 94114-3406 14. Liquidated Damages Rate: N/A H:kSHARED\PL~ING~bahman contract2.doc Page 30 3/27/01 3:37:51 PM ( ) $ per day. ( ) Other: 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 designated employee's department to provide services, supplies, materials, machinery or equipment. ) Category No. 7. Business positions. H:~SHARED~PL~2~NINGkbahman contract2.doc Page 3 1 3/27/01 3:37:51 PM (X) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: __N/A 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: None 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ) 15th Day of each Month ) End of the Month ) Other: C. City's Account Number: 29200-6404 19. Security for Performance ) Performance Bond, $ ) Letter of Credit, $ ) Other Security: H:\SHARED~PLANNING\bahman contract2.doc Page 32 3/27/01 3:37:51 PM Type: Amount: $ (X) 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: (X) Retention Percentage: 15 % ( / Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services (X) Other:_Acceptance of final reports by City. H:\S}{ARED\pLANNING~bahman contract2.doc Page 33 3/27/01 3:37:51 PM Exhibit B BAHMAN SHEIKH, Ph.D., P.E. February 23, 2001 Ms. Mary Venables, Planner City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Dear Ms. Venables, Thank you for your request to review the City's efforts to encourage residential developers to include water conserving features, equipment, and appliances in future development pro- posals, and to give you an estimate of the cost of my consulting services for evaluating pro- posed water conservation plans. I have reviewed the files you forwarded to me regarding the City's draft requirement for wa- ter conservation planning by the three SPA plans currently under consideration. Upon re- viewing the documents, and after further discussions and a meeting with yourself and other City staff, I am prepared to enter into an agreement with the City of Chula Vista, as a con- sultant with specialized expertise in the relevant areas, to perform the following tasks. 1. Analyze and prepare a report regarding specific technical devices and their associated water savings and implementation costs. 2. Conduct a feasibility analysis, develop standards for gray water and recycled water irri- gation system use. 3. Conduct an independent evaluation of the three proposed projects, in adequate detail to enable evaluation of specific water use efficiency measures and their applicability for a portion or all of the residences in the development. 4. Conduct independent cost/benefit analysis of implementing each of the options made available to the developers, including benefits that may not be directly accounted in dol- lars and cents. 5. Attend meetings, and make presentations to City staff and others as necessary. I propose to complete the above scope of work for a fee not to exceed (NTE) $25,000, to be charged to the project month-by-month, as work is conducted, at my hourly rate of $125 and travel expenses at cost. Sincerely, afiman $fiei fi Bahman Sheikh, Ph.D., P. E. Water Reuse Specialist ~:) 7':3 ::: I,: (: '4i bhmnsheikh@aol.com: Attachment AA to Letter from Bahman Sheikh to Ms. Mary Venables, Dated February 23, 2001 SCHEDULE OF PERFORMANCE OF WATER CONSERVATION TASKS Legend: fWeeks after issuance of notice to proceed W6 Performance of Task As Necessary __ Deliverable Documents, Drafts, Reports ~e BAHMAN SHEIKH, Ph.D., P.E. February 26, 2001 Mr. John Lippitt, Director Public Works Engineering City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Dear Mr. Lippitt, As you are aware, the budget under the existing Purchase Order Number 215077 (dated 02/24/1999) for my ongoing consultant work for the City of Chula Vista is nearly exhausted. Additional work is antici- pated in the following areas: 1. Continue providing liaison with State Water Resources Control Board toward the City's loan applica- tion processing and its final approval. 2. Continue providing liaison with providers of gray water systems. 3. Upon approval of the City's $1,000,000 loan application, assist in preparation of the loan agreement documentation and finalization. 4. Prepare RFP for publication, seeking and solicitation of qualified gray water systems, and their evaluation in accordance with the City's specifications, requirements, and warranties. 5. Provide liaison with developers for development of standards for installation, startup, and perform- ance of gray water systems. 6. Assist in negotiations with the winning team(s) for provision of gray water systems to cooperating developers. 7. Prepare monitoring, inspection, data collection, and maintenance programs for implementation by City personnel. 8. Assist with data reduction, analysis and interpretation. 9. Prepare reports as necessary 10. Attend meetings as requested Much of this work is of course contingent upon approval of the City's loan application. Therefore, any of the tasks or portions of tasks that become moot as a result of possible denial of the City's loan application would not be performed. All tasks would only be performed as needed and as requested by City staff. An initial budget of $25,000 is recommended for performance of as-needed tasks over the next 12 months. My charge rate remains at $125 per hour for the duration of the extended P.O. Sincerely, ahman Sheikh Bahman Sheikh, Ph.D., P. E. Water Reuse Specialist ~'-~ :>~ bhmnsheikh@aol.com Attachment A to Letter from Bahman Sheikh to John Lippitt, Dated February 26, 2001 SCHEDULE OF PERFORMANCE OF GRAY WATER PILOT PROJECT TASKS Legend: Performance of Task As Necessary Performance Contingent on Loan Award Deliverable Documents, Reports CITY COUNCIL AGENDA STATEMENT ! ITEM NO.: ~ MEETING DATE: 04/03/01 ITEM TITLE: PUBLIC HEARING: TO REVIEW THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND THE HOME INVESTMENT PARTNERSHIP PROGRAM WHICH INCLUDES CONSIDERATION OF FUNDING REQUESTS FOR PUBLIC SERVICES, COMMUNITY PROJECTS, ECONOMIC DEVELOPMENT, CAPITAL IMPROVEMENT, AND ADMINISTRATION AND PLANNING SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR I-~ 0__~ REVIEWED BY: CITY MANAGER ~ 4/5THS VOTE: YES ~ NO ~ BACKGROUND Each year the City undertakes a process to solicit and approve programs and projects eligible for federal funding. This item addresses the review of the annual Community Development Block Grant (CDBG) program and the HOME Investment Partnership (HOME) program. The public hearing provides an opportunity for the public and Council to make comments on how CDBG and HOME funds can be allocated to meet the City's housing and community needs. RECOMMENDATION That the City Council conduct a public hearing to review and accept public comment regarding the Housing and Community Development needs for the 2001-02 CDBG program and HOME program, accept the staff report, and direct staff to return on or about May 1,2001 with the final funding recommendations. BOARDS/COMMISSIONS RECOMMENDATION On February 1, 2000 Council approved resolution 2000-037authorizing staff to replace the CDBG Ad-Hoc Committee process with a Community Meeting Process. The first communi~/ meeting was held on March 30, 2001. This formal public hearing constitutes the second community meeting. Community participation has been Iow and for fiscal year 2002-03 staff will re-establish a CDBG Ad-Hoc Committee to review public service funding applications. PAGE 2, ITEM NO.: MEETING DATE: 04/03/01 DISCUSSION CDBG Program The City of Chula Vista is eligible to receive $2,114,000 in CDBG entitlement funds from the Department of Housing and Urban Development (HUD) for FY 2001-02. CDBG funds will primarily benefit Iow and moderate income families, with a minimum of 70 percent of the funds required to be targeted to benefit Iow income households. Accompanying this report is the 2001-02 CDBG Notebook. Although not a HUD requirement, the CDBG Notebook has been used as a local tool by staff and Council members for several years to display an overall picture of all the CDBG requests for funding received on an annual basis. The Notebook compiles all proposed public service, community project, economic development, capital improvement project, and administration and planning activities for FY 2001-02. An additional segment of this public hearing is to afford residents of Chula Vista and the City Council the opportunity to comment on the manner in which CDBG funds should be allocated. Staff recommendations will not be made at this time and the City Council is not expected to take any action other than to give desired direction. After thorough consideration of public comment, staff will prepare a report presenting CDBG funding recommendations for Council action tentatively scheduled for May 1, 2001. For the 2001-02 CDBG program, the City of Chula Vista will receive a CDBG entitlement of $2,114,000. The total amount of CDBG funding requested, which includes all funding requests from community organizations and the City, is summarized as follows: CATEGORY AMOUNT REQUESTED Public Service Funding $739,362 Community Projects 629,003 Economic Development 152,144 Capital Improvement Program 2,604,702 Administration and Planning 422,800 TOTAL $4,548,011 In order to be eligible for block grant funding, a project or service must address at least one of the CDBG national objectives which are: 1) Benefit primarily Iow and moderate income families; 2) Aid in the prevention or elimination of slums or blight; and 3) Meet other community needs having a major emergency (disasters, etc.). Community-based non profit organizations will make a presentation before Council in the order presented below. Staff is available to respond to Council questions regarding the City CDBG funding requests. / PAGE 3, ITEM NO.: ~ MEETING DATE: 04/03/01 PUBLIC SERVICE FUNDING REQUESTS The City received ~wenty-five (25) eligible requests for public service funding totaling $739,362. The City may allocate up to $317,100 for public service organizations, based on a 15 percent cap of the entitlement funds ($2,114,000 times 15 percent equates to $317,100). All of the funding requests from the public service organizations are CDBG-eligible as they meet the national objective to primarily benefit Iow-income families. The proposals are included in the CDBG Notebook under Public Service Requests in the following sequence: I YOUTH SERVICES AMOUNT REQUESTED TAB I UNITED WAY OF SAN DIEGO COUNTY - INFO LINE $7,500 This program provides a seven-day-a-week confidential telephone service to the public, available toll free to callers throughout San Diego County and confidentially assists clients find public service providers TAB 2 CHULA VISTA YOUTH SERVICES NETWORK $140,943 This program provides youth education and counseling services in the area of tutoring/literacy, fine arts, mentoring, and day camp services. This collaborative is comprised of South Bay Community Services, Chula Vista Police Activities League, South Bay Family YMCA, Boys & Girls Club of Chula Vista, Vista Square Healthy Start, the Chula Vista Coordinating Council, MAAC Project, and Chula Vista Parks & Recreation Department. TAB 3 SHARP HEALTHCARE FOUNDATION - MOBILE HEALTH CARE CLINIC $40,000 The Sharp Mobile Health Care Clinic will provide health care to children whose parents cannot afford health insurance. The Mobile Health Clinic will rotate among seven strategically located schools. Volunteers and nurses will transport students to the clinic from schools throughout the School District. TAB 4 YOUTH POLICY ADVOCACY/CHILD CARE COORDINATOR $49,505 The Youth Policy Advocacy will serve as a resource to the Child Care Commission on child care issues; increase awareness within the community regarding the Child Care Commission; and hire a Child Care Coordinator for the City of Chula Vista. The Child Care Coordinator will provide workshops and outreach services to child care prov ders. TAB 5 PARKS & RECREATION DEPARTMENT OTAY RECREATION CENTER YOUTH/TEEN FITNESS TEAM - NEW REQUEST $5,000 The youth fitness team is a strength and fitness-training program and will teach youth proper exercise habits. A group activity from BASE (Building Achievement through Sports and Entertainment} will follow and will use sports or entertainment scenarios to teach decision-making; self-esteem, conflict resolution; and communication. /. PAGE 4, ITEM NO.: ~ MEETING DATE: 04/03/01 TAB 6 CHULA VISTA AQUATIC ASSOCIATION $9,600 The Chula Vista Aquatic Association is an organization made up of volunteers who offer an after school swimming program and is constructed fo serve youths between the ages of 6 and 1 8. TAB 7 FROM THE INSIDE OUT - NEW REQUEST $11,000 Project Choice is a youth diversion program designed to provide delinquency prevention at no cost to their clients. From the Inside Out currently facilitates unique youth diversion programs for at-risk youth at correctional facilities in San Diego and Solano counties. Also offered are community links to prison outreach programs that allow youth and their families witness life at an adult correctional facility. I SENIOR SERVICES AMOUNT REQUESTED TAB 8 SOUTH RAY SENIOR COLLABORATIVE $50,025 This new collaborative comprises the organizations of Meab-on-Wheels; St. Charles Nutrition; Adult Protective Services; and Lutheran Social Services Shared Housing. Each of these organizations offer services to senior including meal deliver; adult day care; and rental assistance. TAB 9 ELDER LAW & ADVOCACY - NEW REQUEST $44,238 The Attorney-Legal Services program provides seniors with legal counseling and advise. The program also handles other services such as litigation or administrative hearing representation. TAB 10 PARKS & RECREATION DEPARTMENT PROJECT CARE AND SENIORNET COMPUTER LEARNING CTR $12,254 This program will provide outreach to seniors via safety net telephone reassurance program for persons living alone and a safety program for all persons 50 and older in regards to emergency service and medications management. The SeniorNet program will provide older adults education for and access to computer technology to enhance their lives and enable them to share their knowledge and wisdom. TAB 11 THE SALVATION ARMY - NEW REQUEST $35,000 The Senior Nutrition program was established to assist a growing number of senior remain independent through nutritional and social services. This program will be delivering hot meals to seniors. - TAB 12 PARKS & RECREATION DEPARTMENT $12,254 LEISURE CONNECTION COORDINATOR The Leisure Connection Coordinator will provide programs that will maximize the J homebound senior's sense of independence through the use of teleconferencing equipment. PAGE 5, ITEM NO.: MEETING DATE: 04/03/01 TAB 13 CHULA VISTA VETERANS HOME SUPPORT FUND $10,000 The Chula Vista Veterans Home Support Fund solicits donations to support basis services at the Veteran Home facility. Many of the veteran residents are disabled and many are full-t me residents. Donations made to the foundation are used for indigent resident fund, activities fund, memorial fund, etc. MISCELLANEOUS AMOUNT REQUESTED TAB 14 CHULA VISTA COORDINATING COUNCIL $61,000 The Chula Vista Coordinating Council was established in 1993 to coordinate integrated service delivery in the school se~ing. The vision of CVCC is to establish the elementary school as the hub of the community where adults and children come to access services. TAB 15 LUTHERAN SOCIAL SERVICES - PROJECT HAND $12,000 Project Hand is an emergency and career assistance center that provides clients with shelter, food, clothing, transportation, medication, job search assistance, and utility assistance. TAB 16 CHULA VISTA FAMILY VIOLENCE PREVENTION AND INTERVENTION COALITION $37,685 This program provides education and outreach services to children, youth and families to aid in the prevention of violence. This collaborative proposal is comprised of South Bay Community Services, Chula Vista Police Depadment, the Center for Community Solutions, YWCA Domestic Violence Services, and YMCA Family Stress Counseling Services. TAB 17 THURSDAYS MEAL $10~400 Thursday's Meal provides free hot meals to the homeless and very Iow income residents of Chula Vista. TAB 18 GRAFFITI ERADICATION PROGRAM $41,600 South Bay Community Services, in partnership with the Chula Vista Police Department, is requesting funds to continue their community effort to eradicate graffiti painted on private businesses and residences. Youth offenders and community volunteers provide the labor. TAB 19 PARKS & RECREATION DEPARTMENT CHULA VISTA THERAPEUTIC PROGRAM $44,644 This program promotes the benefits of a healthy lifestyle, improve physical abilities, build confidence, and strengthen interpersonal skills for disabled individuals. CHULA VISTA PUBLIC LIBRARY TAB 20 CHULA VISTA LITERACY TEAM CENTER $11,000 This collaborative proposal is comprised of the Chula Vista Public Library, the Chula Vista Adult School and the Altrusa Club of Chula Vista. This coalition was established with the goal of reducing illiteracy in the community. PAGE 6, ITEM NO.: '~ MEETING DATE: 04/03/01 TAB 21 COUNTY MOBILEHOME POSITIVE ACTION CMTE - NEW REQUEST $1,500 The Counfy Mobilehome Positive Action Committee is a County organization of mobilehome owners. The program will provide information and advocacy assistance to mobilehome owners in Chula Vista via newsletters covering such topics as reducing rising energy costs; energy assistance programs; and advocacy contacts. TAB22 SUITS YOU SAN ~)~s~gGnOe - "THE FINAL TOUCH" $25,000[ This program is d to provide Employment Retention and Professional ImageI services to economically disadvantaged men and women who are making the transition I from government subsidy to economic independence. The South County Economic Development Council is requesting funds to establish three revolving loan programs. The first revolving loan fund, which qualifies as a Public Service is the creation of a Child Care/Charter School Facilities fund. This fund would enable SCEDC to work with different groups to create a fund to assist individuals interested in creating a new or expanded child care facility. The remaining two revolving loan funds will be discussed under the Communily Project and Economic Development categories. TAB 24 ALPHA PROJECT FOR THE HOMELESS - NEW REQUEST $18,000 This program assists homeless individuals by providing an opportunity to work in the community by cleaning up spot blighted areas. This type of work provides o supportive work environment and assists in training the individuals in a structured work environment. TAB 25 SOUTHWESTERN COLLEGE - SOUTH COUNTY CAREER CTR $35,381 The South County Career Center provides supportive services to Chula Vista job seekers in the form of training programs, assistance in determining career plans, and job development. Whenever possible, Chula Vista clients are matched with local employers. COMMUNITY PROJECT REQUESTS The five (5) Community Project requests total $629,003 and include the following type of activities: la] neighborhood revitalization/interim assistance; lb] special activities by community- based development organizations; and [3] energy conservation. There is not a CDBG funding cap for this category. All of the funding requests are included in the CDBG Notebook under Communily Projects and are summarized as follows: NEIGHBORHOOD REVITALIZATION/INTERIM ASSISTANCE AMOUNT REQUESTED TAB 26 LUTHERAN SOCIAL SERVICES - CARING NEIGHBOR $47,253 Lutheran Social Services is requesting funds to continue providing health and safety home repairs to seniors. A majority of the labor is donated by local south bay contractors. PAGE 7, ITEM NO.: MEETING DATE: 04/03/01 TAB 27 SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL- NEW REQUEST $13,833 The SCEDC proposes to create an employer assisted housing fund which would be available fo employees of participating corporate partners. The funds would be an incentive for members of the SCEDC to offer their employees with the down payment J towards purchasing a home. TAB 28 PLANNING AND BUILDING DEPARTMENT $139,150 COMMUNITY PRESERVATION PROGRAM The Building Division of the Planning Department is primari y responsib e for enforcing the state and locally adopted building codes. COMMUNITY BASED DEVELOPMENT ORGANIZATION AMOUNT REQUESTED II TAB 29 SOUTH BAY COMMUNITY SERVICES - COMMUNITY DEVELOPMENT PROGRAM $85,000 This program creates housing/economic development opportunities for Iow-income households. ENERGY CONSERVATION AMOUNT REQUESTED !1 TAB 30 METROPOLITAN AREA ADVISORY COMMITTEE - NEW REQUEST $343,767 MAAC proposes to provide weatherization services to elderly, disabled, and/or families with young children in Chula Vista. The energy efficiency services include an assessment of the home, safety check of all appliances, repair or replace doors, weather stripping, install hot water heater blankets, install Iow flow showerheads, etc. EC4~IOMIC DEVELOPMENT REQUESTS The four (4) Economic Development requests total $152,144 and include the following type of activities: [al revolving loan program and [bi business retention and expansion. There is not a funding cap for this category. J ECONOMIC DEVELOPMENT PROJECTS AMOUNT REQUESTED TAB 31 SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL - NEW REQUEST $10,000 The SCEDC proposes to establish to small business development fund to assist small businesses. This fund will allow the SCEDC to provide Iow interest loans to start-up and overheadeX st ng bUSexpenses.nesses to expand, acquire equipment or to maintain working capital to pay TAB 32 SOUTH BAY COMMUNITY SERVICES - TEEN CENTER $27,560 This program provides youth employment training through the KIDZBIZ program. Youth are taught the essentials of operating a business. PAGE 8, ITEM NO.: ~ MEETING DATE: 04/03/01 TAB 33 COMMUNITY DEVELOPMENT DEPARTMENT - HIGH TECH/BIOTECH ZONE DEVELOPMENT FEE REDUCTION $100,000 The proposed Development Impact fee Reduction program is designed to assist qualifying companies within High Tech/Biotech Zone pay the fees collected by the City to fund the actual construction cost of capital improvements (roads, sewers, etc.) Suppod'ing the Zone. TAB 34 SOUTHWESTERN COLLEGE CONTRACTING OPPORTUNITIES CENTER - NEW REQUEST $10,751 This program provides hands-on technlcal assistance to all small, small disadvantaged, veteran owned, woman owned and Historically Underutilized Business (HUB) zone business enterprises that desire to grow and expand their businesses in the governmental market sector. The program will provide assistance in competing and potentially achieving government contracts. CAPq~TAL IMPROVEMENT PROGRAM REQUESTS The Capital Improvement program category includes both non-profit and City requests. The non-profit capital improvement requests total $349,000 and the City capital improvement requests total $2,255,702 for a total funding request of $2,604,702. The capital improvement program category does not have a funding cap limit. NON-PROFIT CIP REQUESTS AMOUNT REQUESTED TAB 35 BOYS & GIRLS CLUB OF CHULA VISTA SKATEBOARD PARK $150,000 The Boys & Girls Club is requesting funds to construct a Skateboard Park at the Oleander facility. TAB 36 METROPOLITAL AREA ADVISORY COMMITTEE PARKING LOT PAVING PROGRAM - NEW REQUEST $50,000 This request for funding is to re-pave the parking lot of their Community Service Center and Charter School located at 3rd and Quintard Street (the old Jerome's Furniture store). TAB 37 SCRIPPS OTAY FAMILY HEALTH CENTER - NEW REQUEST $39,000 Scripps is requesting funds to rehabilitate a designated space within the Health Center to include; painting, floor and door replacement, plumbing, electrical, furniture replacement. TAB 38 CHULA VISTA AMERICAN LITTLE LEAGUE $110,000 Funds are to be used toward completion of the two (2) multi-use fields and multi-use building (concession stand, restrooms, equipment storage and meeting rooms). PAGE 9, ITEM NO.: MEETING DATE: 04/03/01 II cra, CAPITAL IMPROVEMENT PROGRAM AMOUNT REQUESTED TAB 39 DRAINAGE IMPROVEMENTS $844,500 Oxford Street, First to Second Avenue $210,000 Judson Basin Drainage, Hilltop to Tobias $70,000 Tobias Glenhaven Way - Phase I through Ill $311,000 Emerson Street $253,500 TAB 40 PARKS/RECREATION IMPROVEMENTS $390,202 Otay Park Restroom Renovation $150,000 Playground Equipment - Citywide $43,500 Connoley Park Renovation $196,702 TAB 41 MISCELLANEOUS IMPROVEMEN?S $571,000 Street Improvements, Dixon between Naples/Oxford $221,000 CMP Rehabilitation/Removal $200,000 North Broadway Basin Construction $150,000 TAB 42 GATEWAY CHULA VISTA PROJECT $300,000 The Gateway Chula Vista proiect will involve the construction of improvements to the intersection of Third Avenue and "H" Street. The improvements will include new turning lanes, re-striping, changes to the traffic signals, and other improvements as needed. Prior year CDBG funds for this project are to be re-programmed for another use. TAB 43 ADA CURB CUTS $150,000 This project provides for the construction of concrete wheelchair ramps at an estimated 50 locations throughout the City on an annual basis. ~DMINISTRATION AND PLANNING The following is a summary of the 2001-02 CDBG Administration and Planning activities totaling $422,800. The City may allocate up to this amount for Administration and Planning , based on a 20% cap of the entitlement funds. ADMINISTRATION REQUESTS AMOUNT REQUESTED TAB 44 SOUTH BAY FAMILY YMCA HUMAN SERVICES COUNCIL $33,000 The Human Services Council develops coalitions between the communities of human service providers to effectively utilize personnel and programs and serve as a catalyst to bring local government, private industry and business organizations together to address and resolve the communities needs. / PAGE 10, ITEM NO.: MEETING DATE: 04/03/01 TAB 45 COMMUNITY DEVELOPMENT DEPARTMENT REFERENCE BOOK - NEW REQUEST $5,000 The Economic Development Division proposes to hire an intern to update the existing Chula Vista Reference Book which provides a wealth of information regarding the programs and projects undertaken within Chula Vista. The Reference Book also provides demographic and other useful information. TAB 46 REGIONAL TASK FORCE ON THE HOMELESS $1,000 This program provides local agencies information on the homeless population throughout San Diego County. TAB47 iL~iI~ oRAi~I4~NRAE CN~I~[ IF:RNi~P~pI~ iMAELI~ ~r $11,666 This position provides information and referral services to community members, prepares quarterly statistical information on social service agencies and acts as a community iaison with other agencies. TAB 48 FAIR HOUSING COUNCIL OF SAN DIEGO $39,000 The Fair Housing Council assists the City in providing fair housing opportunities, responds to resident's concerns, and provides landlord-tenant counseling. TAB 49 CITY STAFF ADMINISTRATION $333,134 Provides for staff costs in administering the CDBG program. HOME PROGRAM BUDGET The City will receive $938,000 in HOME funds from HUD for FY 2001-02. HOME funds may be used to provide affordable rental housing and ownership opportunities through new construction, acquisition, rehabilitation, and tenant-based rental assistance. Over the past five-years the City has used these funds to support new construction and acquisition activities related to the development of affordable housing. The following proposals are included in the CDBG Notebook under HOME Program Budget in the following sequence: TAB A CDBG STAFF ADMINISTRATION $333134 HOME STAFF ADMINISTRATION $93,800 Administrative costs for city staff to oversee the CDBG and HOME program. These administrative costs represent 14% of the CDBG budget and 10% of the HOME budget respectively. These costs include staff costs for coordination, accounting, monitoring of subrecipients, environmental review, and HUD reporting requirements. PAGE 11, ITEM NO.: ~/ MEETING DATE: 04/03/01 TAB B COMMUNITY HOUSING DEVELOPMENT ORGANIZATION $140,700 HOME program regulations require a participating ]urisdiction to set-aside 15% of the annual HOME entitlement for a Community Housing Development Organization (CHDO) for the purpose of developing and/or supporting the City of Chula Vista in providing affordable housing proiects in the City. TAB C SOUTH BAY COMMUNITY SERVICES OFFICE RENT $46,900 Funds will be used to for office space. As a community based development organization HOME funds are eligible for this program. TAB D AFFORDABLE HOUSING DEVELOPMENT $656,600 Funds will be used to acquire land for infill affordable housing units, single-family rehabilitation, and first-time homebuyer programs. FISCAL IMPACT The City will receive $2,114,000 in CDBG entitlement funds. The fifteen (15) percent cap will limit the public service allocation to $317,000 and the twenty (20) percent cap will limit the administration and planning allocation to $422,800. In addition, the City will receive $938,000 in HOME funds for 2001-02. The grand total of 2001-02 CDBG and HOME funds to be used for eligible programs and projects will be $3,052,000. The CDBG and HOME program staff costs are reimbursable to the General Fund at 100% of the applicable full-cost recovery factor. J:\COMMDEV~STAFF.REP~04-03-01 \CDBG Public Hearing 2001 .doc COUNCIL AGENDA STATEMENT Item Meeting Date 04/03/01 ITEM TITLE: A PUBLIC HEARING TO CONSIDER ADOPTION OF AN URGENCY ORDINANCE AND A NEW ORDINANCE AMENDING CITY ORDINANCES 1670, 2507, AND 2509; AND AMENDING CHAPTERS X (BUILDING AND HOUSING), XIV (PLANNING), AND ×V (FIRE) OF THE CITY'S MASTER FEE SCHEDULE. AN URGENCY ORDINANCE NO. OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 1670 RELATING TO SIGN PERMIT AND PLAN REVIEW FEES; AND AMENDING ORDINANCES 2507 AND 2509 RELATING TO PLAN REVIEW FEES FOR BUILDING AND MECHANICAL WORK RESPECTIVELY; AND AMENDING CHAPTERS (BUILDING AND HOUSING), XIV (PLANNING), AND ×V (FIRE) OF THE CITY'S MASTER FEE SCHEDULE. AN ORDINANCE NO. OF THE CITY OF CHULA VISTA, CALIFORNIA, AMENDING ORDINANCE 1670 RELATING TO SIGN PERMIT AND PLAN REVIEW FEES; AND AMENDING ORDINANCES 2507 AND 2509 RELATING TO PLAN REVIEW FEES FOR BUILDING AND MECHANICAL WORK RESPECTIVELY; AND AMENDING CHAPTERS X (BUILDING AND HOUSING), XIV (PLANNING), AND XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE. SUBMITTED BY: Director of Planning and Building ~.~'~' Director of Budget and Analysis ~ REVIEWED BY: City Manager~/d~'O~'/(4/5tbs Vote: Yes X No ) This report and its recommendations are the culmination of a comprehensive review of all fees related to building permitting, inspection and plan check services provided by the City. This review was undertaken due to recent significant changes in the pace of development in eastern Chula Vista, staffing, staff compensation, and changes in operations and automation. This review has resulted in proposed fee changes for building permits and related activities. The proposed fee schedule has been developed based on current operations, development volume and service provision costs and spreads these costs equitably to those receiving these City services. The proposed fee changes Page 2, Item Meeting Date 04/03/01 included in Attachments A and B of this document are supported by both the Building Industry Association (Attachment C) and the Board of Appeals and Advisors (Attachment D). Although some of the proposed fees are higher than those currently charged (based on the costs of providing these services), adoption of these ordinances will cumulatively lower fees by $1-1.4 million dollars on an annual basis, compared to the current fee schedule. Since the fee decreases are associated with valuation-based fees and fees associated with the review of city-standard and repetitive plans it is recommended that these fees be implemented by urgency ordinance to take effect immediately. Since implementing the other fiat fee changes recommended in this report will not result in a significant positive impact to the fee payers it is recommended that these fees be adopted by regular ordinance and go into effect 60 days after adoption. RECOMMENDATION: That City Council adopt an urgency ordinance amending ordinances 1670, 2507, and 2509, resulting in changes to sections 15.52.020, 15.08.050, and 15.16.050 of the Municipal Code as indicated in Attachment E, and amending Chapters (Building and Housing), XIV (Planning), and XV (Fire) of the City's Master Fee Schedule as indicated in Attachment A, effective for a period of thirty (30) days from the date of adoption; and that City Council adopt an ordinance amending ordinances 1670, 2507, and 2509, resulting in changes to sections 15.52.020, 15.08.050, and 15.16.050 of the Municipal Code as indicated in Attachment E, and amending Chapters X (Building and Housing), ×IV (Planning), and XV (Fire) of the City's Master Fee Schedule as indicated in Attachment B. BOARDS AND COMMISSIONS: City staff initially presented the methodology and results of the building fee study to the Chula Vista Board of Appeals and Advisors at their December 12, 2000 meeting. City staff incorporated the Board's suggestions into the study and made a second presentation to the Board at their Mamh 12, 2001 meeting. As indicated in the minutes from this meeting (included as Attachment D), the Board unanimously supported the proposed fee changes. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has determined that the action will not have a physical effect on the environment and is an ongoing project of the City and is therefore exempt from CEQA under Section 15261 (Ongoing Projects). Page 3, Item Meeting Date 04/03/01 DISCUSSION: The first step in the process of analyzing the costs of providing building-related services and the fees charged for these services was to identify the total costs (both direct and indirect) of providing building-related services. The direct costs associated with providing building-related services primarily consisted of the salaries, benefits and supplies and services related to direct service providing staff (i.e. Plans Examiners, Building Inspectors, Development Service Technicians). The indirect costs associated with providing building-related services primarily consisted of the proportional shares of the salaries, benefits, and supplies and services related to departmental management and citywide support services. Examples of indirect costs include departmental management and clerical support, information services, personnel, and payroll. Since indirect costs represent a substantial portion of overall costs, staff felt it prudent to update the City's indirect cost allocation prior to undertaking the fee study. This was particularly important because the quantity, composition, and compensation of city staff changed significantly during the prior fiscal year. Updating the City's indirect cost allocation improved the accuracy of the allocation of City and Departmental support services and their associated costs to the various building- related services. Completing the indirect cost allocation required the contributions of numerous city staff and included extensive interviews with key personnel from each department and an in depth review of all departmental budgets. The indirect cost allocation was used in conjunction with direct cost data collected during interviews with personnel from the Divisions of Building, Engineering, Planning and Fire Prevention to determine the total costs of providing plan review, building and ancillary inspections, permit processing, permit issuance, and plan maintenance services. It was determined that costs related to plan review were incurred by each of these divisions while costs related to building inspection and permit processing were confined to the divisions of Building and Engineering. The second step in the process was to collect data regarding types of building activities (e.g. new construction, additions, tenant improvements), permit volume for each activity, and the relative time to complete each building-related service. These data were collected from staff interviews and the Permits Plus database. Since many permit fees are based upon building valuation, it was necessary to further demarcate permit volume for several valuation ranges. This required making adjustments to the building valuations recorded by Permits Plus because the existing fees are based upon building valuations derived from tables published by Building Standards in 1993 and the proposed fees are based upon building valuations derived from tables published in the most recent edition of Building Standards. This procedure effectively eliminated the impact of changing the basis for building valuation to the most recent set of Building Standards tables and insured that any changes in permit fees resulting from this study r-/ Page 4, Item '/ Meeting Date 04/03/01 would be strictly representative of changes in total costs and the allocation of total costs to the various building activities. Next, total costs were allocated to the various building activities based upon permit volume and the relative time required to complete each service. Since the building services provided for any given permit potentially extend a year or more beyond the time of issuance, it was decided to base costs on the current year's budget and to base levels of service on the prior year's actual permit volume. This methodology was chosen for two reasons. First, it insures that resource levels will always be sufficient to complete services in a timely manner. Second, it allows for simple, fair, and consistent annual adjustments to the building fee schedule because overcharging or undercharging during any given year is compensated for by the following year's fee update. For example, if permit volume were to temporarily drop then the adjustment mechanism would increase fees in the subsequent year because total costs would now be spread over a smaller number of permits. The opposite effect would occur if permit volume were to increase substantially. If increases or decreases in permit volume were deemed permanent then staffing levels would be adjusted accordingly resulting in fairly constant fees over the long run. Finally, the cost data were matched with the permit volume data to arrive at fees for each type of service and activity. To facilitate the transition to the proposed fee schedule an effort was made to retain the structure of the current fee schedule as much as possible while concurrently simplifying it by eliminating redundant fees. For example, under the existing fee schedule the total permit fee charged for a typical tract home includes building plan review fees, site plan and architectural review fees, building permit fees, permit issuance fees, unit fees based upon the number of plumbing, mechanical, and electrical fixtures, plan maintenance fees, and Certificate of Occupancy fees. Under the proposed fee schedule the fee for the same permit would be comprised of a plan review fee and a permit processing/inspection fee. Maintaining the existing fee structure while simplifying the fee schedule significantly reduces the cost of redesigning the Permits Plus System to conform to the proposed fee schedule. Two types of fees are being proposed as a result of this study: fiat fees and valuation-based fees. Flat fees are proposed for any services where the level of effort required did not vary significantly enough to warrant disparate fees. Valuation-based fees were only proposed when a nexus existed between a building's valuation and service costs. Basing certain fees on building valuation helped to improve equity among fee payers because building valuation accurately reflects design complexity, materials, square footage, and other features that affect the level of staff effort required. Using flat and valuation- based fees instead of charging on an hourly full cost recovery basis helped reduce record keeping costs and resulted in lower fees overall. However, it is important to note that the use of fiat and valuation-based fees may require Page 5, Item '! Meeting Date 04/03/0'1 annual review and possible annual adjustments when permit volume or costs change significantly. For valuation-based fees, the valuation ranges were chosen to group together similar types of permits. Table 1 lists the valuation ranges being proposed and the most common types of permits in each range. Table 1: Proposed Valuation Ranges Total Valuation Most Common Permit Types $1 to $2,000 Masonry Walls, Roofing, City Standard Plans $2,001 to $100,000 Additions to Single Family Residences and Tenant Improvements $100,001 to $300,000 New Single Family Tract Homes $300,001 to $500,000 New Single Family Custom Homes and New Apartments / Condominiums $500,001 to $1,000,000 New Commemial Construction $1,000,001 and up New Commercial Construction and New Apartments / Condominiums The proposed changes to the City's existing Master Fee Schedule are presented in Attachments A and B of this document. While the City's general policy has been to charge permit fees commensurate with the full cost of the services provided, some situations warrant modifying this policy in order to maintain public safety. Staff and the Board of Appeals and Advisors supports a policy that would provide a financial incentive to individuals that need to replace or repair equipment and/or materials that are essential to the maintenance of safe and habitable residences. By subsidizing the cost of certain minor residential permits such as water heaters, furnace replacements, gas line repairs, and the resetting of gas and electric meters, the City will be encouraging applicants to ensure that their repair work is being done in a safe and reliable manner, which will enhance safety for not only the individual residence but also the surrounding neighborhood. It is also appropriate to recognize that some homeowners will cite the cost of the permit as justification for not obtaining the required permits. When this occurs it creates life safety issues for users of the structures as well as the immediate neighborhood and burdens the City's Code Enforcement Section with a duty to pursue correction of the violation. The cost associated with pursuing a code enforcement complaint exceeds the cost of the proposed subsidy for these types of minor permits. The types of permits being proposed for subsidy are only those for which homeowners have very limited control over the timing of the need for such repairs. Other minor residential permits, such as patio covers, air conditioning systems and room additions, are not being recommended for Page 6, Item ~ Meeting Date 04/03/01 subsidy because they do not constitute work that must be performed to maintain the safety and habitability of a structure and are elective actions. Staff is proposing that fees for these types of permits be charged at 50% of the actual costs. The impact on the City's FY 2001 general fund resulting from this action is estimated at $50,000 assuming that permit volume continues at its FY 2000 level. Kev Findin_qs 1. Since the current policy of charging separate plan review fees for the Divisions of Planning, Building, Engineering, and Fire Prevention is cumbersome, A single fee schedule for plan review should be adopted that accurately captures the total costs incurred by these four divisions. 2. The amount of time required to review patio cover, masonry wall, carport, and deck plans conforming to city standards were not found to increase with building valuation. Therefore, A flat fee for the review of all plans conforming to city standards should be adopted. 3. The amount of time required to review of repetitive home plans (i.e. plans identical to previously approved model home plans) was not found to increase with building valuation. However, the process of tracking previously approved model home plans, identifying plans that are potentially repetitive, and verifying that a plan is indeed identical to a previously approved model plan is a cumbersome and time consuming process. Therefore, A program allowing for a state licensed architect to provide authentication of repetitive plans should be implemented and a flat fee for the review of all authenticated repetitive plans should be adopted. 4. To ensure resource levels will always be sufficient to complete services which have been paid for in a timely manner and to ensure that fees are maintained at an equitable level, Fees for building-related services should be adjusted based on the current year's budgeted costs, the prior year's permit volume, and the most recently published Building Standards valuation tables. This adjustment mechanism may require increasing or decreasing fees in Page 7, Item ! Meeting Date 04/03/01 future years to keep pace with temporary swings in development activity. 5. The separate unit fee schedules for electrical, plumbing, and mechanical permits were found to be of little benefit when used in conjunction with building permits. In addition, they were found to be a hindrance to providing quick and accurate fee estimates. Therefore, The unit fee schedules should be eliminated and the costs associated with providing these services incorporated in the building permit fee. 6. To increase the likelihood that potentially dangerous residential repairs are performed in a safe and reliable manner and to reduce potential code enfomement costs, Permits for residential repairs that generally preclude a homeowner from planning for the expense of the repair (i.e. water heater replacements) should be subsidized at 50% of the actual costs of providing these services. 7. Interviews with personnel in the Division of Fire Prevention indicated a substantial amount of Fire Prevention staff time is being committed at no charge to the review and inspection of fire suppression and preventions systems. Therefore, Fees should be implemented to cover the costs associated with the plan review and inspection of sprinkler systems, hydrant installations, fire alarm systems, and hood suppression systems. Impact of Proposed Changes on Fee Payers Adoption of the proposed changes to the Master Fee Schedule would affect numerous parties including large tract housing developers, building contractors, and individual home owners. In particular: Permit fees for minor items such as water heater replacements and the addition of air conditioning units would increase but would still generally be lower than the average fee charged by other San Diego County jurisdictions. · The costs for permits to construct small structures such as patio covers, room additions, and masonry walls would rise slightly. · Developers of tract housing would pay somewhat higher fees for model home permits but substantially lower fees for each repetitive home in the tract. Thus, the permitting costs for a tract development under the Page 8, Item r~ Meeting Date 04/03/01 proposed fee schedule would be much lower than the costs under the existing fee schedule. · The permit fees for custom homes and large commercial projects would generally (but not uniformly) increase slightly. Attachment F lists a sampling of typical permits and compares the fees charged under the current and proposed Chula Vista fee schedules. These fees are also compared to an average of the fees charged by several other jurisdictions within San Diego County. The proposed fees for model and custom homes would be the highest of the five jurisdictions in the comparison. However, the proposed fees for repetitive homes and tract home developments would be the lowest in the County. For most other types of permits the proposed fees are fairly consistent with those being charged by other San Diego County jurisdictions. Ur.qency The increased volume of building permits coupled with improved operational efficiency by the divisions of Planning, Building, Engineering, and Fire Prevention have caused the revenues collected from the provision of building-related services to become out of line with the associated costs. Correcting this imbalance is in the direct interest of public welfare and it is therefore essential that the proposed changes to the City's Master Fee Schedule and Municipal Code become effective immediately. The need for an urgency ordinance is only applicable to valuation based fees and fees charged for the review of city standard and repetitive plans because only these categories of fees are being proposed for overall reduction. Fiscal Impact The fees recommended in this report are designed to recover the full cost of providing all building permit, inspection and plan checking services with the exception of certain minor residential permits for the replacement or repair of equipment and/or materials that are essential to the maintenance of safe and habitable residences, which are being proposed at 50% of full cost recovery. The net cost to the General Fund of setting these fees at 50% of full cost recovery is estimated at $50,000 annually. When compared to the current fees, implementation of the recommended fee changes in this study is estimated to result in an overall fee and revenue reduction of approximately $1-1.4 million annually. There is no budgetary impact this fiscal year as budgeted revenues from these fees were estimated extremely conservatively pending the results of the fee study. The reduction in General Fund revenue for future years will be incorporated during the budgeting process. This amount is only approximate because the actual annual impact on the City's General Fund is dependent upon future permit activity, which is highly contingent Page 9, Item '! Meeting Date 04/03/01 upon unpredictable business cycles. The actual annual reduction in revenue may be higher or lower depending upon the actual annual permit volume realized in future years. Acknowledgements This study and the resultant recommendations could not have been achieved without the cooperation and efforts of staff from the Planning and Building, Public Works, and Fire Departments. The following individuals deserve a special thanks for their assistance in providing data and input, often within very tight time constraints: Sohaib AI-Agha, Beverly Blessent, Greg BottoM, Lou EI-Khazen, Jim Geering, Jack Griffin, George Krempl, Bob McSeveney, Gordon Murdoch, Norm Ostapinski, Bob Powell, Brad Remp, Jim Sandoval, Steve Stingl, Ed Thomas, Ed Van Eenoo, and Karen Wooten. ATTACHMENT A: CHANGES TO THE MASTER FEE SCHEDULE (URGENCY ORDINANCE) CHAPTER X Building ~-'~ ~ .... ;-~ C. COMBINATION BUILDING~ PLUMBING~ MECHANICAL~ AND ELECTRICAL PERMIT FEE 1. With the exception of those permits specifically listed in sections E through I of this chapter, all fees for processing and inspecting building, plumbing, mechanical, and electrical permits shall be collected in accordance with the fee schedule below. TOTAL VALUATION COMBINATION INSPECTION / PERMIT PROCESSING FEE $1.00 to $500.09 $2,000.00,~.~.vv¢~ ~ na $76.00 ,~v..v~¢<n~ an +^,,, ,~,-,,,,,-~¢'~ nan an ...... $76.00 for the first ....... $2,000.00 plus $2,001 to $100,000 $2.00 $7.00 for each addmonal ....... $1,000.00 or fraction thereof, to and including,,~,~v~.~v¢'~ nan nn $100,000.00 *-,~-.-~¢'~ nar an *,.,~ ~--~,vv~.~e'~ nan nn $45.99 $762.00 for the first $2,999.99 $100,000.00 plus $100,001 to $300,000 $9.09 $4.25 for each additional $1,000.00 or fraction thereof, to and including~,_~,~.~¢'~< nnn nn $300,000.00 ¢~ nn $1 612 O0 fo th fi ¢~< nnn an $300 000 O0 $300,001 to $500,000 plus $6.59 $3.75 for each additional $1,000.00 or fraction thereof, to and including,,~,v~.~¢<n nan nn $5O0,000.O0 $500,001.00 to $1,000,000.00 ,~-, ...... $2,362.00 for the first $500,000.00 plus $3.09 $2.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up ~, ...... $3,737.00 for the first $1,000,000.00 plus ..... $1.85 for each additional $1,000.00 or fraction thereof Master Fee Schedule Part II - Development Chapter X Building and Heusing '-v/_ ,/.~? 2. Building Combination Plan Review Fee a. A flat fee of $92.25 shall be collected for the review of city standard plans. b. A flat fee of $36.50 shall be collected for each repetitive plan review. c. Fees for non-repetitive plan review shall be collected in accordance with the following fee schedule. TOTAL VALUATION NON-REPETITIVE PLAN REVIEW FEE $1 to $2,000 $196.50 $2,001 to $100,000 $196.50 for the first $2,000 plus $10.50 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001 to $300,000 $1,225.50 for the first $100,000 plus $5.25 for each additional $1,000 or fraction thereof, to and including $300,000 $300,001 to $500,000 $2,275.50 for the first $300,000 plus $4.25 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,125.50 for the first $500,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 and up $4,875.50 for the first $1,000,000 plus $2.25 for each additional $1,000 or fraction thereof SEE ALSO TABLE (S) ON FOLLOWING PAGE (S) Master Fee Schedule Part II - Development Chapter X Building mn~ Hvuaing ~ ~ / / Other Inspections and Fees: ~rz~ccfion. ; ..... *;~. * .... n .... ~ ......... ;a, Ca!ifomia disabled access aka!! pay an additional 10% for plan check md an addit!cr~ 19% fcr inspection. Master Fee Schedule Part II - Development Chapter X - Building ...... ~.~ D. DETERMINATION OF VALUE The determination of value or valuation under any of the provisions of this master fee schedule or of the building code has been made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, hearing, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment (SEE .s~PENDLXES). E. ELECTRICAL PERMIT FEES Fees for processing and inspecting electrical permits shall be as follows: 1. For issuing each permit $15.00 For issuing each supplemental permit $ 4.50 SYSTEM FEE SCHEDULE (Note: Thefollowingdonotincludepermit-issuingfeeO New Residential Buildings - The following fees shall include all wiring and electrical equipment in or on each building, or other electrical equipment on the same premises constructed at the same time. For new multifamily residential buildings (apartments and .03 condominiums) having three or more living units not including the area of garages, carports and other noncommercial automobile storage areas constructed at the same time, per square foot. For new single- and two-family residential buildings not .035 including the area of garages, carports and other minor accessory buildings constructed at the same time, per square foot. For other types of residential occupancies and alternations, additions and modifications to existing residential buildings, use the UNIT FEE SCHEDULE. Private Swimming Pools For new private, residential, in-ground, swimming pools for 30.00 single-family and multifamily occupancies including a complete system of necessary branch circuit wiring, bonding, grounding, underwater lighting, water pumping and other similar electrical equipment directly related to the operation of a swimming pool, each For other types of swimming pools, therapeutic whirlpools, spas and alterations to existing swimming pools, use the UNIT FEE SCHEDULE. Carnivals and Circuses -Camivals, circuses, or other traveling shows or exhibitions utilizing transportable-type rides, booths, displays and attractions. Master Fee Schedule Part II - Development Chapter X - Building an~ Hcu~ing For electric generators and electrically driven rides, each 15.00 For mechanically driven rides and walk-through attractions of 4.50 displays having electric lighting, each For a system of area and booth lighting, each 4.50 For permanently installed rides, booths, displays and attractions, use UNIT FEE SCHEDULE. Temporary Power Service For a temporary service power pole or pedestal including all pole 15.00 or pedestal-mounted receptacle outlets and appurtenances, each For a temporary distribution system and temporary lighting and 7.50 receptacle outlets for construction sites, decorative light, Christmas tree sales lots, firework stands, etc., each UNIT FEE SCHEDULE (Note: Thefollowin$ do not includepermit issuingfeeO Receptacle, Switch and Lighting Outlets For receptacle, switch, lighting or other outlets at which current is used or controlled, except services, feeders and meters. First 20, each .75 Additional outlets, each .45 NOTE: Formultioutletassemblies, eachSfeetorfractionthereofmaybe considered as one outlet. Lighting Fixtures For lighting fixtures, sockets or other lamp-holding devices First 20, each .75 Additional fixtures, each .45 For pole or platform-mounted lighting fixtures, each .75 For theatrical-type lighting fixtures or assemblies, each .75 Residential Appliances For fixed residential appliances or receptacle outlets for same, including wall-mounted electric ovens; counted-mounted cooking tops; electric ranges, self-contained room, console, or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor- operated appliances not exceeding one horsepower (HP) in rating, each 3.00 NOTE: For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus. Nonresidential Appliances For residential appliances and self-contained factory-wired, nonresidential appliances not exceeding one horsepower (HP), kilowatt (KW), or kilovolt-ampere (KVA), in rating including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, Master Fee Schedule Part II - Development Chapter X - Building and H~using each I 3.00 Power Apparatus For motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment and other apparatus, as follows: Rating in horsepower (HP), kilowatts (KW), kilovolt- amperes (KVA), or kilovolt-amperes-reactive (KVAR): Up to and including 1, each 3.00 Over 1 and not over 10, each 7.50 Over 10 and not over 50, each 15.00 Over 50 and not over 100, each 30.00 Over 100, each 45.00 NOTE: 1. For equipment or appliances having more than one motor, transformer, heater, etc., the sum of the combined ratings may be used. 2. These fees include all switches, circuit breakers, contractors, thermostats, relays and other directly related control equipment. Busways For trolley and plug-in type busways, each 100 feet or fraction thereof, 4.50 NOTE: An additional fee will be required for lightingfixtures, motors and other appliances that are connected to Signs, Outline Lighting and Marquees For signs, outline lighting systems or marquees supplied from one 15.00 branch circuit, each For additional branch circuits within the same sign, outline 3.00 lighting system or marquee, each Services For services of 600 volts or less and not over 200 amperes in 18.50 rating, each For services of 600 volts or less and over 200 amperes to 1000 37.50 amperes in rating, each For services over 600 volts or over 1000 amperes in rating, each 75.00 Miscellaneous Apparatus, Conduits and Conductors For electrical apparatus, conduits and conductors for which a 11.00 permit is required but for which no fee is herein set forth NOTE: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures, appliances, power apparatus, busways, signs or other equipment. These electrical hermit fees only avnlv to individual vermits. They do not avplv when a combination permit fee has been collected under section C of this chapter. Master Fee Schedule Part II - Development Chapter X Building and G. MECHANICAL PERMIT FEES Fees for processing and inspecting mechanical permits shall be as follows: A. For the issuance of this permit 15.00 B. For issuing each supplemental permit 4.50 C. For the installation or relocation of each forced air or 9.00 gravity type furnace/burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu's D. For the installation or relocation of each fomed air or 11.00 gravity type furnace/burner, including ducts and vents E. For the installation or relocation of each floor furnace, 9.00 including vent F. For the installation or relocation of each suspended 9.00 heater, recessed wall heater or floor mounted unit heater G. For the installation, relocation or replacement of each 4.50 appliance vent installed and not included in an application H. For the repair of, alteration of, or addition to each heating 9.00 appliance, refrigeration unit, comfort cooling unit, absorption unit, or evaporative cooling system, including installation of controls regulated by this Code I. For the installation or relocation of each boiler or 9.00 compressor up to and including three horsepower, or each absorption system up to and including 100,000 Btu's J. For the installation or relocation of each boiler or 16.50 compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 Btu's to and including 500,000 Btu's K. For the installation or relocation of each boiler or 22.50 compressor over 15 horsepower, or each absorption system over 500,000 Btu's to and including 1,000,000 Btu's L. For the installation or relocation of each boiler or 33.50 compressor over 30 horsepower to and including 50 horsepower, or for each absorption system over 1,000,000 Bra's and including 1,750,000 Bra's M. For the installation or relocation of each boiler or 56.00 refrigeration compressor over 50 horsepower, or each absorption system over 1,750,000 Btu's N. For each air handling unit to and including 10,000 cubic 6.50 feet per minute, including ducts attached thereto O. For each air handling unit over 10,000 cubic feet per 11.00 Master Fee Schedule Part II - Development Chapter X - Building an~ H~uzing minute P. For each evaporative cooler other than portable type 6.50 Q. For each ventilation fan connected to a single duct 4.50 R. For each ventilation system which is not a portion of any 6.50 heating or air conditioning system authorized by a permit S. For the installation of each hood which is served by 6.50 mechanical exhaust, including the ducts for each hood T. For the installation of relocation of each domestic type 11.00 incinerator U. For the installation or relocation of each commercial or 45.00 industrial type incinerator V. For each appliance or piece of equipment regulated by 6.50 this Code but not classed in other appliance categories, or for which no other fee is listed in this Code W. In addition, in situations similar to those listed under the subsection titled "Other Inspection and Fees" of Section X.C. (Building Permits), the fee shall be the same X. For the plan review of mechanical work 25% of total mechanical permit fee These mechanical permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under section C of this chapter. Master Fee Schedule Part II - Development Chapter X Building =~ Hau:Lng H. PLUMBING PERMIT FEES Fees for processing and inspecting plumbing permits shall be as follows: A. For issuing each permit 20.00 B. For issuing each supplemental permit 10.00 C. For each plumbing fixture or trap or set of fixtures on one trap 7.00 (including water, drainage piping and backflow protection therefore) D. For each building sewer and each trailer park sewer 15.00 E. Rainwater system per drain (inside building) 7.00 F. For each cesspool 25.00 G. For each private sewage disposal system 40.00 H. For each water heater and/or vent 7.00 I. For each gas piping system of one (1) to five (5) outlets 5.00 J. For each additional gas piping system outlet, per outlet 1.00 K. For each additional waste pretreatment interceptor including its 7.00 trap and vent, excepting kitchen type grease interceptors functioning as fixture traps L. For installation, alteration or repair of water piping and/or water 7.00 treating equipment M. For each repair or alteration of drainage or vent piping, each 3.50 fixture 7.00 N. For each lawn sprinkler system on any one meter, including 7.00 backflow protection devices therefore O. For atmospheric-type vacuum breakers not included in N. above 5.00 (1) to (5) P. Over (5), each 1.00 Q. For each backflow protective device other than atmospheric type vacuum breakers: 2-inch diameter and smaller 7.00 over 2-inch diameter 15.00 R. In addition, in situations similar to those listed under the subsection titled "Other Inspection and Fees" of Section X.C. (Building Permits), the fee shall be the same These plumbing permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under section C of this chapter. Master Fee Schedule Part II - Development Chapter X - Building and Hc. usL':g CHAPTER XIV PlanninR D. PLAN P, EV!EW P2N, D INSPECTION E. SIGNS Master Fee Schedule Part II - Development Chapter Xad XIV ......... Planning CHAPTER XV Fire Department Fees B. PLAN REVIEW AND INSPECTION Fees for the plan review, plan re-submittal, consultation, inspection, and re- inspection of fire suppression systems, hydrant placements, and fire alarm systems shall be collected in accordance with the following fee schedule. Activin, Fete Fire Sprinkler System $640 Tenant Improvement Fire Sprinkler System $275 Fire Hydrant Installation $275 Fire Alarm System $185 Hood Fire Suppression Systems $135 Master Fee Schedule Part II - Development Chapter XVI XV - v ........ Fir~e ?- ATTACHMENT B: CHANGES TO THE MASTER FEE SCHEDULE (REGULAR ORDINANCE) CHAPTER X Building and u .... ;,... C. COMBINATION BUILDING~ PLUMBING~ MECHANICAL~ AND ELECTRICAL PERMIT FEE 1. With the exceotion of those permits specifically listed in sections E through I of this chapter, all fees for processing and inspecting building~ plumbing, mechanical, and electrical permits shall be collected in accordance with the fee schedule below. TOTAL VALUATION COMBINATION INSPECTION / PERMIT PROCESSING FEE $1.00 to ....... $2,000.00 el cnn $76.00 ,~v..vve~m nn +^,v ,~,vvv.vve'~ nan nn$!5.99 $76.00 for the first ...... 0 $2,000.00 plus $2,001 to $100,000 $2.00 $7.00 for each additional $ ! 00.00 $1,000.00 or fraction thereof, to and including ,~_, ...... $100,000.00 ,~,~ ~.~v~e~ ~m nn ,^,v ~,~v.~e'~c ann nn $~.5.00 $762.00 for the first ~,~,~,~an ...... nn $100,000.00 plus $100,001 to $300,000 $9.00 $4.25. for each additional $1,000.00 or fraction thereof, to and ' · ~,~ nnn n including ,~-~, ..... 0 $300,000.00 ,,-~,~--~¢'*c nm an *~,~ ~o~,~.~¢cn ann an $252.90 $1,612.00 for the first ¢,~,o,nnn ...... an $300,000.00 $300,001 to $500,000 ~:~ cn plus ..... $3.75 for each additional $1,000.00 or fraction thereof, to and mclud~ng ~ ~, ...... $500,000.00 ~,,a;,~ $599,900.00 $500,001.00 to $1,000,000.00 ~,-,~.~ ~'~ n~n ~n $2,362 . O0 for the first $500,000.00 plus $2.09 $2.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $2,529.50 $3,737.00 for the first $1,000,000.00 plus $2.00 $1.85 for each additional $1,000.00 or fraction thereof Master Fee Schedule Part II - Development Chapter X Building an~ Hm::ing ........ ~ Combination Plan Review Fee a. A flat fee of $92.25 shall be collected for the review of city standard plans. b. A flat fee of $36.50 shall be collected for each repetitive plan review. c. Fees for non-repetitive plan review shall be collected in accordance with the following fee schedule. TOTAL VALUATION NON-REPETITIVE PLAN REVIEW FEE $1 to $2,000 $196.50 $2,001 to $100,000 $196.50 for the first $2,000 plus $10.50 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001 to $300,000 $1,225.50 for the first $100,000 plus $5.25 for each additional $1,000 or fraction thereof, to and including $300,000 $300,001 to $500,000 $2,275.50 £or the first $300,000 plus $4.25 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,125.50 for the first $500,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 and up $4,875.50 for the first $1,000,000 plus $2.25 for each additional $1,000 or fraction thereof SEE ALSO TABLE (S) ON FOLLOWING PAGE (S) Master Fee Schedule Part II - Development Chapter X - Bmld~ng Other Inspections and Fees: Master Fee Schedule Part II - Development Chapter X - Building and Hzxz!ng D. DETERMINATION OF VALUE The determination of value or valuation under any of the provisions of this master fee schedule or of the building code has been made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, hearing, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment r~ ADD1L'T, TI~IYI~ E. ELECTRICAL PERMIT FEES Fees for processing and inspecting electrical permits shall be as follows: Master Fee Schedule Part II - Development Chapter X Building =n~ c~,xcidcrcd :.ccnc cutlet. Master Fee Schedule Part II - Development Chapter X - Building and HaxsLng Master Fee Schedule Part II - Development Chapter X Building TYPE OF PERMIT FEE For the installation, relocation, replacement, or alteration of each: Temporary power pole $117.25 Temporary or permanent service pedestal $101.75 Temporary lighting system $101.75 Temporary power on a permanent base $66.00 CATV electrical meter enclosure with or without gas $110.50 New electric meter (see below for resetting fee) $135.25 Upgrade of existing electrical service $110.50 For each resetting of an electric meter* $86.00 For each overhead to underground conversion $86.00 Miscellaneous wiring/conduit (including mechanical apparatus) $86.00 * The fee for residential repairs or replacements shall be 50% of the stated fee. These electrical permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under section C of this chapter. G. MECHANICAL PERMIT FEES Fees for processing and inspecting mechanical permits shall be as follows: Master Fee Schedule Part II - Development Chapter X - Building --'~ Master Fee Schedule Part II - Development Chapter X - Building TYPE OF PERMIT FEE For the installation, relocation, replacement, or alteration of each: Forced air or gxavity type furnace/burner (FAU) including ducts and $83.75 vents* Floor furnace including vent* $83.75 Suspended heater $83.75 Recessed wall heater* $83.75 Floor mounted heater* $83.75 Appliance vent $83.75 Commercial boiler $83.75 Commercial refrigeration compressor $83.75 Commercial absorption system $83.75 Commercial air handling unit including ducts $83.75 Commercial evaporative cooler (other than the portable type) $83.75 Commercial ventilation system that is not a portion of any heating or $83.75 air conditioning system Hood that is served by mechanical exhaust including ducts $83.75 Commercial incinerator $83.75 Cooling or air conditioning unit $104.00 For each repair, alteration, or addition to an existing heating appliance, $83.75 refrigeration unit, cooling or air conditioning unit, absorption unit, or evaporative cooling system * The fee for residential repairs or replacements shall be 50% of the stated fee. These mechanical permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under section C of this chapter. Master Fee Schedule Part II - Development Chapter X - Building and Heug/ng --7 H. PLUMBING PERMIT FEES Fees for processing and inspecting plumbing permits shall be as follows: Master Fee Schedule Part II - Development Chapter X - Building TYPE OF PERMIT FEE For the installation, replacement, relocation, or alteration of each: Water heater and]or vent* $68.25 Water piping system $106.00 Sewer lateral $61.50 Trap, drain, and]or vent $72.50 Building sewer or trailer park sewer $72.50 Commercial rainwater system $72.50 Private sewage disposal system $72.50 Gas piping system* $72.50 New Gas meter (see below for resetting fee) $72.50 Commemial waste pretreatment intemeptor including its trap and $72.50 vent, excepting kitchen type g~ease intemeptors functioning as fixture traps Water treating equipment $72.50 For each resetting of a gas meter* $72.50 * The fee for residential repairs or replacements shall be 50% of the stated fee. These plumbing permit fees only apply to individual permits. They do not apply when a combination permit fee has been collected under section C of this chapter. Master Fee Schedule Part II ~ Development Chapter X - Building CHAPTER XIV Planning Master Fee Schedule Part II - Development Chapter Xag XIV - OLder Fze: plannm~ CHAPTER XV Fire Department Fees B. PLAN REVIEW AND INSPECTION Fees for the plan review, plan re-submittal, consultation, inspection, and re- inspection of fire suppression systems, hydrant placements, and fire alarm systems shall be collected in accordance with the following fee schedule. Activity Fete Fire Sprinkler System $640 Tenant Improvement Fire Sprinkler System $275 Fire Hydrant Installation $275 Fire Alarm System $185 Hood Fire Suppression Systems $135 Master Fee Schedule Part II - Development Chapter XVI XV - v .... F~ Fir~e ATTACHMENT C: BUILDING INDUSTRY ASSOCIATION LETTER OF ENDORSEMENT  BUILDING INDUSTRY ASSOCIATION ON SAN DIEGO COUNTY ~m Dleg~ CA ~122-5~2 ~,~lassn~,~a Feb~ 27, 2001 ~RES~DENT B~e~d H~ ~vc Row~ds wC~ ~RESIOENT Ci~ of Chula Vise H.G Fe~lon Comp~ 276 ~o~ Av~e ChulaV~ CA 919~0 The ~ay ~ Oom~ Re: Build~8 Fee S~y ]MM~T~ P~T D~ Dave, P~ESID~T ~lRi~ Oommun~l~, inc. The Building ~dus~' Assertion ~ ~vi~ed ~ ~afl stay of Bulldog Pe~iB ~d R~ Fe~s pmdd~ to my by Ch~l Fmcht~. As I ~ca~d at ~EC~IVE ViCE PRESID~T ~t ~ wc will be su~o~g your proposed fee revisions w~n ~ul A. T~on ~8e~t~ tO yO~ CO.U, c.~a ~,al~ I w~t m offer my s~cere ~ to you ~d yo~ ~s~ A,~ B~'S request for L~s review. I believe it o~e a~n hi~i~m thc co~tive m~e ~o, ~t~e cf ~ reladomhip wig ~c ciV of Chula V~ [ ~ook fo~d to ~ "~ ~:mm centring ~s go~ re~io~ M we move fo~d f~ing ~e ~:e ~velopm~t of ChuIa Vise. Sincerely, Jcrt7 Livingston Staff Co~sel Building Industry Associalicn cc: O~or~e Krempl, A.istanl Civ/Mara~er Brad ~emp, Buildini Dir~or She~l Fruchr~r, Director of Budge! ~d )~a!ysis ATTACHMENT D: MINUTES FROM MARCH 12, 2001 BOARD OF APPEALS AND ADVISORS MEETING MINUTES OF A REGULAR MEETING BOARD OF APPEALS AND ADVISORS CITY OF CHULA VISTA, CALIFORNIA March 12, 2001 Conference Room No. 1 5:15 p.m. MEMBERS PRESENT: Chairman O'Neill, Vice-Chairman Monaghan, Board Members Compton, Kaya, Romo, and Triplette MEMBERS ABSENT: None CITY STAFF PRESENT: Assistant Director Remp, Deputy Building Official Murdoch, Plan Check Engineer El-Khazen, Administrative Office Assistant Michel, Director of Budget and Analysis Fruchter, and Senior Management Analyst Van Eenoo CALL MEETING TO ORDER: Chairman O'Neill called the meeting to order at 5:15 p.m. ROLL CALL: Members present constituted a quorum. 1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: N/A 2. APPROVAL OF MINUTES: MSUC Triplette/Compton (6-0) to approve the minutes of December 11,2000. 3. NEW BUSINESS: A. Formal Approval of New Fees Assistant Director Remp stated that although the agenda says "Formal approval of new fees," the formal approval would be from the City Council, and the request is the formal recommendation and authorization to take the new fee schedule to the City Council. The draft of the Council Agenda Statement was included in Agenda package. Chairman O'Neill asked a question regarding recovery of Fire Department fees in regards to non-recurring fees and annualized inspections. The question was answered by Asst. Director Remp and Director Fruchter. Board Member Compton questioned how money being taken out of the general fund would be replaced. Director Fruchter stated that the budget for next year reflects the level of fees being recommended. It balances the cost of revenue. Board of Appeals & Advisors -2- March 12, 2001 A brief discussion was held on simplifying the process for getting similar type permits, such as water heaters. Chairman O'Neill asked if there were additional questions. After hearing none, a motion was made to recommend that City Council adopt the new fee schedule. MSUC Romo/O'Neill (6-0) to make recommendation to City Council to adopt the new fee schedule. 4. CHAIRMAN'S COMMENTS/REPORT: A. Chairman O'Neill wanted to commend the Building Division for enlisting the help of one of the PhotoVoltaic producers/installers to write specifications on a book on PhotoVoltaic Systems. 5. BUILDING OFFICIAL'S COMMENTS/REPORT: A. Asst. Director Remp informed the Board that he was unable to attend the CALBO conference. Sue Gray, Code Enforcement/Permits Manager, did attend in Brad's place. She has put together a notebook on the kinds of things that are going on at the State level. Energy Standards have been adopted and will have an impact on us. Effective date for new construction is June 1, 2001, except for phases that are under construction. Effective date for those are January 1,2002. 6. COMMUNICATIONS (PUBLIC REMARKSANRITTEN CORRESPONDENCE): None 7. ADJOURNMENT: Chairman O'Neill adjourned the meeting at 5:40 p.m. to the next regular meeting scheduled for April 9, 2001. BRAD REMP, C.B.O. ~' ASST. DIR. OF PLANNING & BUILDING/BUILDING OFFICIAL SECRETARY TO THE BOARD OF APPEALS AND ADVISORS MINUTES TAKEN BY: KAREN SEITER SECRETARY PLANNING & BUILDING DEPARTMENT (A:\3'122001m.doc) ATTACHMENT E: REQUIRED CHANGES TO ORDINANCE NOS. 1670, 2507, AND 2509 ORDINANCE NO. 1670 Section 15.52.020. ORDINANCE NO. 2507 Section 15.08.050. Section 304(c) Plan Review Fees. When a plan or other data are required to be submitted by Section 302(b), a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review shall be ~ .~,~- ........~ ~ *~ ......,~"n~"g, . .... ......... ;~ ~ as shcw: specified in the Master Fee Schedule. ORDINANCE NO. 2509 Section 15.16.050. Section 304(c) Plan Review Fees. When a plan or other data are required to be submitted by Section 302 (b), a plan review fee shall be paid at the time of submi~ing plans and specifications for review. The plan review fees for mechanical work shall be ~.-, *- ~ as ~ specified in the master Fee Schedule of the Ci~ of Chula Vista. ~ ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 1670 RELATING TO SIGN PERMIT AND PLAN REVIEW FEES; AND AMENDING ORDINANCES 2507 AND 2509 RELATING TO PLAN REVIEW FEES FOP. BUILDING AND MECHANICAL WORK RESPECTIVELY; AND AMENDING CHAPTERS X (BUILDING AND HOUSING), XIV (PLANNING), AND XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE WHEREAS, as a result of a comprehensive review of all fees relating to building, permitting, inspection and plan check services, staffhas recommended proposed lee changes; and WHEREAS, the proposed fee schedule has been developed based on current operations, development volume and service provision costs and spreads these costs equitably to those receiving these City services; and WHEREAS, the proposed changes are supported by the Building Industry Association and the Board of Appeals and Advisors; and WHEREAS, the City Council placed an ordinance on first reading on April 3, 2001 increasing certain permit and plan review and other fees within the City of Chula Vista, and WHEREAS, pursuant to Government Code Section 66017(a), the fees increased by that ordinance will not become effective until sixty (60) days alter its adoption, and WtfEREAS, projects in the City which ~vill impact various building activities will be applying for various permits during the interim period beibre the revised fees becomes effective, and WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim fee as an urgency measure upon making a finding describing the current and immediate threat to the public health, welfare, and safety, and WHEREAS, said interim measure will be effective for thirty (30) days and may be extended twice lbr additional thirty (30) day periods upon subsequent action by the City Council, and WHEREAS, the Environmental Review Coordinator has determined that the action will not have a physical effect on the environment and is an ongoing project of the City and is theretbre exempt from CEQA under Section 15261 (Ongoing Projects); and WHEREAS, state law requires said urgency ordinance to be adopted by a four-fifths vote. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as lbllows: SECTION 1. Findings. The City Council finds, after consideration of the evidence presented to it, including the methodology and results of the building tee study, that certain amendments to Ordinance 1670 relating to sign permit and plan review fees and ordinances 2507 and 2509 relating to plan review fees for building and mechanical work and Chapters X and, XIV and XV of the City's Master Fee Schedule are necessary in order to assure that fees related to building permitting, inspections and plan check services provided by the City are actually based on current operations, development volume and service provision costs and that such costs are applied equitably to those receiving City services; and, The City Council finds that the legislative findings and determinations set forth in Ordinances 1670, 2507 and 2509 continue to be true and correct; and The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the City services. SECTION 2: Finding of Urgency. That the City Council of the City of Chula Vista finds that it is necessary that its revised fees lbr permits and related fees go into effect immediately in order that all projects in the City pay only their fair share of the cost of permit and plan review and related fees which relate to the services provided by the City. Immediate implementation of this fee is necessary due to the current and immediate threat to public welfare which will result should there be a continuation of an imbalance in the collection of fees for City services. The City Council finds that the prospect of an unbalanced collection constitutes a current immediate threat to the public health, welfare and safety justit~,ing the immediate revision of these fees. SECTION 3. Ordinance 1670 is hereby amended by repealing Section 15.52.020 of the Chula Vista Municipal Code. SECTION 4: Ordinance 2507 is hereby amended by amending Section 15.08.050 of the Chula Vista Municipal Code as follows: Section 15.08.050. Section 304(c) Plan Review Fees. When a plan or other data are required to be submitted by Section 302(b), a plan revie~v fee shall be paid at the time of submitting plans and specifications for review. Said plan review shall be 65 percent eft~e building permit fee as glqo,a~ specified in the Master Fee Schedule. SECTION 5: Ordinance No. 2509 is hereby amended by amending Section 15.16.050 of the Chula Vista Municipal Code as lbllows: Section 15.16.050. Section 304(c) Plan Review Fees. When a plan or other data are required to e submitted by Section 302(b), a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review lees for mechanical work shall be equal *" .... '~ v ...... .................. , ~e,~.~ ,~,~ .... ~- ..... ~t' fee as ~, c~,~, specified in the Master Fee Schedule of the City of Chula Vista. T'~ pl ...... 4~.,, C~ ...... ;n~a SECTION 6: Chapters X (Building and Housing), XIV (Planning) and XV (Fire) of the City's Master Fee Schedule are hereby amended as set/brth in Attachment A, attached hereto and incorporated herein by retbrence as if set forth in full, SECTION 7: All remaining provisions of the Ordinances amended herein shall remain in full force and effect until and unless specifically repealed or amended. SECTION 8. Expiration of this ordinance This ordinance shall be of no further force and effect 30 days after its adoption. SECTION 9: Time limit for protest and judicial action Any judicial action or proceeding to attack, review, set aside void or annul this ordinance shall be brought within the time period as established by la~v. In accordance with Government Code Section 66020(d)(1), the ninety day approval period in ~vhich parties may protest begins upon the effective date of this ordinance. SECTION 10: Effective Date. ~l~is Ordinance shall become effective immediately upon lbur-fifths vote. Presented by Approved as to form by Robert A. Leiter John ~lglrYah~hy Director of Planning and Building City Attorney H:\home\attorney\rs\sign permit fees. urgency ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 1670 RELATING TO SIGN PERMIT AND PLAN REVIEW FEES; AND AMENDING ORDINANCES 2507 AND 2509 RELATING TO PLAN REVIEW FEES FOR BUILDING AND MECHANICAL WORK RESPECTIVELY; AND AMENDING CHAPTERS X (BUILDING AND HOUSING), XIV (PLANNING), AND XV (FIRE) OF THE CITY'S MASTER FEE SCHEDULE WHEREAS, as a result of a comprehensive review of all fees relating to building, permitting, inspection and plan check services, staff has recommended proposed fee changes;; and WHEREAS, the proposed fee schedule has been developed based on current operations, development volume and service provision costs and spreads these costs equitably to those receiving these City services; and WHEREAS, the proposed changes are supported by the Building Industry Association and the Board of Appeals and Advisors; and WHEREAS, the Environmental Review Coordinator has determined that the action will not have a physical effect on the environment and is an ongoing project of the City and is therefore exempt from CEQA under Section 15261 (Ongoing Projects); and NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION 1. Findings. The City Council finds, after consideration of the evidence presented to it, including the methodology and results of the building fee study, that certain amendments to Ordinance 1670 relating to sign permit and plan review fees and ordinm~ces 2507 and 2509 relating to plan review fees for building and mechanical work and Chapters X and, XIV and XV of the City's Master Fee Schedule are necessary in order to assure that fees related to building permitting, inspections and plan check services provided by the City are actually based on current operations, development volume and service provision costs and that such costs are applied equitably to those receiving City services; and, SECTION 2. Ordinance 1670 is hereby amended by repealing Section 15.52.020 of the Chula Vista Municipal Code. SECTION 3: Ordinance 2507 is hereby amended by amending Section 15.08.050 of the Chula Vista Municipal Code as follows: Section 15.08.050. Section 304(c) Plan Review Fees. When a plan or other data are required to be submitted by Section 302(b), a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review shall be 65 percent .............. ^r,,,~ h..;~,~: ...... a ~ .......... ;, r~ as shown specified in the Master Fee Schedule. SECTION 4: Ordinance No. 2509 is hereby amended by mnending Section 15.16.050 of thc Chula Vista Municipal Code as follows: Section 15.16.050. Section 304(c) Plan Review Fees. When a plan or other data are required to e submitted by Section 302(b), a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for mechanical work shall be equal te ~< ...... * ~c ,h~_.~ ~.~ ~--~"~;' ~r~ as ~ specified in the Master Fee Schedule of the City of Chula Vista. The plan review r~ specified ~- m~ ~,,~,~ ........... ~ r~ r~ m .... ~, r~ SECTION 5: Chapters X (Building and Housing), XIV (Planning) and XV (Fire) of the City's Master Fee Schedule are hereby amended as set forth in Attachment A, attached hereto and incorporated herein by reference as if set fo~h in full, SECTION 6. All remaining provisions of the Ordinances amended herein shall remain in full force and effect until and unless specifically repealed or amended. SECTION 7: Time limit for protest and ~udicial action Any judicial action or proceeding to attack, review, set aside void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety day approval period in which pa~ies may protest begins upon the effective date of this ordinance. SECTION 8: This ordinance shall become effective sixty (60) days after its adoption. Presented by Approved as to fo~ by Robert A. Leiter John l~i~ktSeny Director of Planning and Building City Attorney H:\homeSattorney\rs\sign permit fees. COUNCIL AGENDA STATEMENT Item: Meeting Date: 4/03/01 ITEM TITLE: Resolution amending the Master Fee ScheduIe related to Parkland Acquisition fees and Parkland Development fees for Neighborhood Park and Community Park Requirements. SUBMITTED BY: Director of Parks and Recreation ~ REVIEWED BY: City Manager ~/~ff~/~q~'/ (4/Sths Vote: Yes X No ) The City of Chula Vista according to the Subdivision Map Act, which is part of the Government Code Section 66477, allows cities, by ordinance, to require dedication of land or payment of fees in lieu of dedication or require a combination of the two, for neighborhood and/or community park purposes, as a condition of approval of a tentative subdivision or parcel map for just a residential development. Fees are paid for by the developer at the time of Final Map Approval. The in-lien fees, known as Park Acquisition and Development (PAD) fees, were last increased by the City Council in April 1991 and since that time, costs for developing parks has risen substantially. In order to bring the fees in line with the most current costs, the Parks & Recreation Department has calculated the increase by using the Engineering News Record as the basis for the fee increase. The current fee structure was established in 1991 and has not been adjusted since that time, it has become apparent to staff that parks can no longer be constructed at our current fee structure. Several turn-key parks have recently been costed in excess of $300,000/acre which substantiates the rationale for the City adjusting the fees using a known cost of construction adjustment index (the Engineering News Report). This is the same adjustment mechanism used by the City and school districts for their Community Facilities Districts (CFD). It is imperative that we move forward with this fee adjustment at this time to insure that there is an appropriate amount of funding available to build the identified parks for the four major developments coming forward for final map to Council within the next month. It should be noted that the adjustment is in that portion of the PAD fees related to the Park Development and Improvement Fee only, the Parkland Acquisition Fee is not affected. STAFF RECOMMENDATION: That the Council adopt the Resolution adopting an amended Master Fee Schedule related to Parkland Acquisition Fees and Parkland Development Fees for Neighborhood Park and Community Park Requirements. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission have been apprised of the need for the Parkland Acquisition and Development fees to be increased. DISCUSSION: The Chula Vista Master Fee Schedule approving an increase in Parkland Acquisition and Development Fees Master Fee Schedule related to Parkland Acquisition Fees and Parkland development fees have not been adjusted since April 1991. The following table lists the current Parkland Development In-lieu fees: Dwelling Unit Neighborhood Community Total Type Park Park D/U Fee Single Family $1,510/du $750/du $2,260/du Attached $1,310/du $670/du $1,980/du Duplex $1,160/du $580/du $I,740/du Multi-Family $1,030/du $520/du $1,550/du Mobilehome $770/du $390/du $1,160/du Residential and Transient Motel/Hotel $700/du $350/du $1,050/du The proposed distribution for Parkland Development In-lieu fees has been calculated as follows: Dwelling [Init Type Neighborhood Community Proposed Per Unit Park Park D/U Fee Increase Single Family $1,961 $974 $2,934 $674 Attached $1,701 $870 $2,571 $591 Duplex $1,506 $753 $2,259 $519 Multi-Family $1,337 $675 $2,013 $463 Mobile Home $1,000 $506 $1,506 $346 Residential and Transient Motel/Hotel $909 $454 $1,363 $313 The costs for developing parks have increased steadily over the last ten years due to inflation and escalating construction costs, while the fee structure has not been adjusted since 1991, necessitating the proposed increase in fees charged to developers for said City park development improvements. PAD Ices are based on the park dedication standard of three acres/l,000 people, the land dedication requirements, park development standards and the per acre cost of acquiring land and developing a park. Attachment A is a copy of the City's Parkland Dedication Ordinance (Chapter 17.10 of the Municipal Code), which outlines the park standards and required improvements, that form the basis tbr the fee assessment. It is expected that PAD fees will reflect current costs lbr park acquisition and development and that sufficient fees will be collected annually to pay for needed park improvements and development. Attachment B is the proposed PAD Fee increase and lists, by year, the annual average computed by the Engineering News Record (ENR - Construction Cost Index) reflecting industry standards and each year's change by percent; the Average PAD fee; and the Proposed Increase by Unit Type. The Engineering News Record is the indicator used by cities and school districts to adjust district assessments and Mello-roos. As shown in this attachment the City of Chula Vista's current PAD fees are well below the national construction cost index. Attachment C is the history of the Construction Cost Index and how ENR builds the index. FISCAL IMPACT: If Council adopts this fee adjustment it would be in effect until the Parks & Recreation Master Plan is approved. If Council rejects the fee adjustment the construction of parks currently scheduled will be delayed or other sources of discretionary funding would need to be appropriated in order to assure the Parks construction. The general fund typically supports the on-going costs for park operations and maintenance after the City accepts the park construction from the developer. Attachments: A- Chapter 17.10 of the Municipal Code B - Proposed PAD Fee Increase C - Construction Cost Index Chanter 17.10 pARKLANDs AND PUBLIC FACILH'I~S Sections: 17.10.010 Dedication of land and development ofimprovements for park and re~-eational Imrposes. 17.10.020 DetrA'mlnafion of park and recreational requirement:~ beuefifing regulated subdivlsions. 17.10.030 Application. 17.10.040 Area to be dedicated-Required when-Am'ounts for c~taln uses. 17.10.050 Park development improveme~ts-Specificatious. 17.10.060 Criteria for area to be dedicated. 17.10.070 In lieu fees for land dedication and/or park development improvement. 17.10.080 ]JmitatioIl$ On rise of land and/or fees. 17.10.090 Co~m~l~ce~ieut of park developnle~L 17.10.100 Collection and distribution offee~ 17.10.110 Periodic review and amendment authorized. 17.10.010 Dedication of land and development of improvements for park and recreational purposes. Pursuant to the authority granted by Section 66477 of the Government Code of the state, every subdivider shall, for the purpose of providing neighborhood and community park and recreational facilities directly benefiting and serving the residents of the regulated subdivision, dedicate a portion of the land and develop improvements thereon or in lieu thereof pay fees for each dwelling unit in the subdivision or do a combination thereof, as required by the city in accordance with this chapter. The dedication, improvement, or payment of fees in lieu thereof or combination thereof shall be applicable to all residential subdivisions of any type allowed under the various and several residential zones of the city and shall be in addition to any residential construction tax required to be paid pursuant to Chapter 3.32 of this code. (Ord 2243 §1 (part), 1987; Ord 1806 §1 (parr), 1978; Ord 1668 §1 (part), 1976). 17.10.020 Determination of park and reo-eational requirement~ benefiting regulated subdivisions. The park and recreational facilities for which dedication of land and improvements thereon and/or payment of a fee is required by this chapter shall be those facilities as generally set forth in the park and recreational element of the general plan of the city adopted by Resolution No. 3S19 on the 22nd day of September, 1964, and as thereafter amended. (Ord 2243 §1 (part), 1987; Ord 1668 §1 (part), 1976). 17.10.030 Application. The provisions of this chapter shall apply to all subdivisions and divisions created by parcel maps excepting therefrom industrial and completely commercial subdivisions and those subdivisions or divisions of land for which tentative subdivision or parcel maps have been filed within thirty days after the effective date of this chapter. (Ord 1858 §1, 1979; Ord 1806 §1 (part), 1978; Ord 1668 §1 (part), 1976). 17.10.040 Area to be dedicated-Required when-Amounts for cmetain uses. The amount of parkland dedication required, in accordance with Sections 17.10.010 through 17.10.130, is based on a standard of 3 acres per 1,000 people and shall be offered at the time of filing of the final map. The area to be dedicated shall be as follows: 931 (R 12/94) 7'*' t~ ATTACHMENT A A. Single-family dwelling units, 3.22 persons per dwelling unit, four hundred twenty-three square feet per unit, or one acre per one hundred three units; B. Attached, cluster housing or planned unit developments under either condominium or subdivided ownership, 2.80 persons per dwelling unit, three hundred sixty-six square feet per unit, or one acre per one hundred nineteen units; C. Duplexes, 2.48 persons per dwelling unit, three hundred twenty-five square feet per unit, or one acre per one hundred thirty-four units; D. Multiple family dwelling units, 2.21 persgns per dwelling unit, two hundred eighty-eight square feet per unit, or one acre per one hundred fifty-one units; E. Mobile homes, 1.64 persons per dwelling unit, two hundred ,fifteen square feet per unit, or one acre per two hundred three units. F. Residential and tr~ansient motels/hotels, 1.50 persons per dwelling unit, one hundred ninety-six square feet per unit, or one acre per two hundred twenty-two units. (Ord 2243 §1 (part), 1987; Ord 1806 §1 (part), 1978; Ord 1668 §1 (part), 1976). 17-10.050 Park development improvemeu~;-SpecificafiOllS. In addition to the dedication of land as required in Section 17.10.040, it shall be the responsibility of the subdivider to develop all or a portion of such land for neighborhood or community park purposes to the satisfaction of the director of parks and recreation. All parks shall include, to the satisfaction of the City, the following elements, meet the following minimum standards and will be designed, developed, and maintained in accordance with the requirements .of the city landscape manual. A. Grading shall be in accordance with the grading ordinance, street design manual and the city landscape manual. B. Improvements that may be required by the city may include: 1. Drainage system. 2. Street improvements. 3. Parking lot with lighting. 4. Concrete circulation system. 5. Security lighting system. 6. Park fixtures, including but not limited to, identification and informational signage, picnic tables, benches, trash receptacles, hot ash containers, drinking fountains and bike racks shall be provided and installed. 7. Landscaping, including trees, shrubs, ground cover, and turf. 8. Automatic irrigation system. (R 12/94) 932 9. Restroom/maintenance facility. 10. Play areas, with equipmen~ for pre-schoolers and primary school-age children shall be installed. Disabled individual accessible surfacing shall be installed. 11. One large scale picnic shelter shall be provided for every 1,000 people. 12. The following sports facilities (night lighting may be required for all of the following): a. One tennis court shall be provided for every 2,000 people. b. One baseball/softball field shall be provided for every 5,000 people. c. One basketball court shall be provided for every S,O00 people. d. One soccer field shall be provided for every 10,000 people. C. All utilities shall be extended to the property line. D. tn addition to those items listed above, the following facilities shall be required in a community park: 1. One 50 meter swimming pool with related facilities, such as locker rooms, shall be provided for every 20,000 people. 2. One community center and gymnasium, 20,000 square feet minimum, shall be provided for every 24,000 people. 3. One lighted softball field shall be provided for every 5,000 people. 4. A restroom/malntenance facility sized appropriately to accommodate facilities located in the community park and may be consl~ucted in neighborhood parks. (Ord 2616 §2, 1994; Ord 2243 §1 (part), 1987; Ord 1668 §1 (part), 1976). 17.10.060 Criteria for area to be dedicated. Acceptance of land for parkland is at the city council's discretion and in exercising its discretion, council may consider the following criteria, in addition to any other the coundl considers relevant: A. Topography, soils, soil stability, drainage location of land in subdivision available for dedication. B. Size and shape of the subdivision and land available for dedication. C. Physical relationship of the site to the surrounding neighborhood. D. Location of the site with regard to accessibility to the residents of the neighborhood and its contribution to neighborhood security. E. The amount, usability, and location of publicly owned property available for combination with dedicated lands in the formation of public park and recreation facilities. F. Recommendation of the parks and recreation commission. An offer of dedication may be accepted or rejected by the city council. (Ord 2243 §1 (part), 1987; Ord 1961 §1 (part), 1982; Ord 1668 §1 (part), 1976). 933 (R 12/94) 17.10.070 In lieu fees for land dedication and/or park development improvemanU~. A. In lieu fees for land dedication: If, in the judgment of the city, suitable land does not exist within the subdivision, or for subdivisions containing 50 lots or less, the payment of fees in lieu of land shall be required. In such cases, the required fee(s) shall be based on the area to be dedicated as set forth in Section 17.10.040. However, when a condominium project, stock cooperative or community apartment project exceeds S0 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. Where the city deems that a combination of dedication and payment, as provided in this chapter, would better serve the public and the park and recreation needs of the future residents of a particular subdivision, it may require such combination. Provided, however, the city council may, by resolution waive all or any portion of said dedication or in lieu fee requirements in the interests of stimulating the construction of housing for low and moderate income fa~ ilies. Residential motels and hotels and transient motels and hotels shall be required to deposit the required fee(s) in lieu of d~dication of land. B. In lieu fees for park development improvements: If, in the judgment of the city, suitable land does not exist within the subdivision, or for subdivisions containing 50 lots or less, the payment of fees in lieu of developing improvements shall be required. In such cases, the amount of the required fee(s) shall be based on the improvements required in Section 17.10.050. However, when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, improvements number of parcels may may be required notwithstanding that the ~ be less than 50. Where the city deems that a combination of improvements and payment, as provided in this chapter, would better serve the public and the park and recreation needs of the future residents ora particular subdivision, it may require such combination; provided, however, the city council may, by resolution waive all or any portion of said improvements or in lieu fee requirements in the interests of stimulating the construction of housing for low and moderate income families. In the event the city determines that the improvement of the parkland shall be delayed for a substantial period of time after the parkland has been dedicated, the subdivider shall not be required to install such improvements, but instead shall pay the required fee(s) for the value of improvements required in Section 17.10.050. Residential motels and hotels and transient motels and hotels shall be required to deposit the Required Fee(s) in lieu of park development improvements. (Ord 2506 §1 (part), 1992; Ord 2243 §1 (part), 1987; Ord 1961 §1 (part), 1982; Ord 1668 §1 (part), 1976). 17.10.080 Limitation on use of land and/or fees. The am ount of land, improvements or in lieu fees or combination thereof received under this chapter shall be used for the purpose of providing neighborhood and community park and recreational facilities to serve the subdivision for which received. The amount and location of the land or in lieu fees or combination thereof shall bear a reasonable relationship to the use of the park and recreational facilities by the futm'e inhabitants of the subdivision. (Ord 2243 §1 (part), 1987; Ord 1668 §1 (part), 1976). (R 12/94) 934 17.10.090 Commencement of park development. The city will acquire land for park purposes within as soon as sufficient funds are available. Any fees collected under thi~ chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by this subdivision, whichever occurs later. (Ord 2243 §1 (part), 1987; Ord 1668 §1 (part), 1976). 17,10.100 Colleclion and distribution of fees. A. Prior to the recordation by the city of a final subdivision map or recordation by the city of a parcel map or release of either a final subdivision map or parcel map to a developer for recordation, any required fees shall have been paid to the city unless an agreement has been entered into between the city, approved by the city council, and the map applicant providing for the subsequent payment of the fee but in no event later than 60 days afte~ map approval. Said agreement shall provide that such payment shall be, to the satisfaction of the city manager and city attorney, adequately secured by ~ufficient surety or letter of credit, and which shall further provide for interest from date of final map approval at city's average earnings rates, computed end compounded quarterly, experienced by the city on its average investments (as determined by the city)("based interest rate") for the first 60 days after map approval, and thereafter at the base interest rate plus two percentage points until paid, together with any artoraey fees and costs incurred in enforcing said agreement. Notwithstanding any other provision of law, city may withhold final or interim inspection of units for which building permits may have been issued and may withhold issuance of additional building permits, certificates of occupancy if applicable, or an~ other processing of entitlements on any propeO, y or improvements included within the territory of the map so approved or otherwise owned by applicant, until the required fees are received by the city. Any land to be contributed for the purposes outlined in ~his chapter shah be dedicated to the city and shown on the final subdivision or parcel map at the time of approval The director of f'mance shah be responsible for the collection and distribution of fees as set forth in this chapter. Fees collected for neighborhood and community porks shah be kept in separate funds. However, the city shah have the ability to shift fee amounts between the neighborhood and community park funds when necessary. B. Planned developments shah be eligible to receive a credit as determined by the City Council, against the amount of land required to be dedicated, or the amount of the fee impose, for the value of private open space within the development which is usable for active recreational uses. Such credit, if given, shall be determined on a case by case basis. (Ord 2592 §1, 1994; Ord 2243 §1 (part), 1987; Ord 1668 §1 (part), 1976). 17.10.110 Periodic review and amendment authorized. Costs, population density, and local conditions change over the years, and the specified formula for the payment of fees for acquisition of park sites as stated in this chapter is subject to periodic review and amendment by the city council. (Ord 1668 §1 (part), 1976). 935 (R 12/9~ ATTACHMENT B ATTACHMENT C RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE RELATED TO PARKLAND ACQUISITION FEES AND PARKLAND DEVELOPMENT FEES FOR NEIGHBORHOOD PARK AND COMMUNITY PARK REQUIREMENTS WHEREAS, the Subdivision Map Act, which is part of the Government Code Section 66477, allows cites, by ordinance, to require dedication of land or payment of fees in lieu of dedication or require a combination of the two, for neighborhood and/or community park purposes, as a condition of approval of a tentative subdivision or parcel map for just residential development; and WHEREAS, in-lieu fees, known as Park Acquisition and Development (PAD) fees, were adopted by the City Council as set forth in Chapter 17.10 of the Municipal Code; and WHEREAS, Section 17.10.110 of the Municipal Code provides that costs and the specified fi)rmula for the payment of fees is subject to periodic review and amendment by the City Council due to changed conditions; and WHEREAS, since the last increase of the PAD fees occurred in April, 1991 and in order to bring the tees in line xvith the current costs of construction, the Parks & Recreation Department has calculated the increase by using the Engineering News Record as the basis for the lee increase; and WHEREAS, it is apparent to staff that parks can no longer be constructed at our current fee structure as several turn-key parks have recently cost in excess of $300,000/acre; and WHEREAS, the City Council conducted a noticed public hearing to consider the proposed increase in PAD fees at its April 3, 2001 meeting; and WHEREAS, the Environmental Review Coordinator has determined that the action will not have a physical effect on the environment and is an ongoing project of the City and is therefore exempt from CEQA under Section 15261 (Ongoing Projects). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Master Fee Schedule related to Parkland Acquisition Fees and Parkland Development Fees for Neighborhood Park and Community Park Requirements by the increases listed herein as follows: Dwelling Unit Type Neighborhood Community Proposed Per Unit Park Park D/U Fee Increase Single Family $1,961 $974 $2,934 $674 Attached $1,701 $870 $2,571 $591 Duplex $1,506 $753 $2,259 $519 Multi-Family $1,337 $675 $2,013 $463 Mobile Home $1,000 $506 $1,506 $346 Residential and Transient Motel/Hotel $909 $454 $1,363 $313 Presented by Approved as to form by Andy Campbell John M. Kaheny Director of Parks and Recreation City Attorney :',hmlle\attl~rnev\rs\PAD [EES MFS Orga~i~q Tab Nu~b~ Ftmdlitg Reqi~est I. United Way of San Diego County 1 $7,500 ~. Chuia Vista Youth Services Network 2 $140,943 E,. Sharp HealthCare Foundation 3 $40,000 ~ Chula Vista Coordinating Council/Youth Policy/Child Care 4 $49,505 &. Chula Vista Aquatic Association 6 $9,600 ~,. From the Inside Out- NewRequest 7 $11,000 ~. South Bay Senior Collaborative - New Collaboration 8 $50,025 ,~. Elder Law & Advocacy- New Request 9 $44,238 ~1' The Salvation Army - New Request 11 $35,000 ~, Chula Vista Veterans Home Support Foundation - New Request 13 $10,000 It Chula Vista Coordinating Council - Collaborative Director 14 $61,000 t~. Lutheran Social Services- Project Hand 15 $12,000 t~, Chula Vista Family Violence 16 $37,685 ~. Thursday's Meal 17 $10,400 ~.~ South Bay Community Services - Graffiti 18 $41,600 ',~ CountyMobilehomePositiveActionCommittee-NewRequest 21 $1,500 ~? Suits You San Diego 22 $25,000 ~ SouthCountyEconomicDevelopmentCounciI-NewRequest 23 $13,833 ~"t AlphaProjectfortheHomeless-NewRequest 24 $18,000 ~o Southwestern College 25 $35,381 a.~ Caring Neighbor 26 $47,253 ,,,2~.'%'- South County Economic Development Council - New Request 27 $13,833 ..~, SBCS Community Development Program 29 $85,000 ,,~. MAAC Project - New Request 30 $343,767 ~ South County Economic Development Council - New Request 31 $13,833 ~,l,, SBCS Teen Center 32 $27,560 ~ Southwestern College/Contracting Opportunities Center- New Request 34 $10,751 ~ Boys & Girls Club [CIP] 35 $150,000 .:,.~ MAAC Project [ClP] - New Request 36 $50,000 .~,o Scripps Otay Family Health Center [CIP] - New Request 37 $39,000 ,~ Chula Vista American Little League [CIP] 38 $ii0,000 ~ South Bay Family YMCA - Human Services Council 44 $33,000 ~5 Regional Task Force on the Homeless 46 $1,000 ~. Fair Housing Council 48 $39,000 Note: Staff is available to respond to Council comments or questions for the following programs: Recreation Department Youth/Teen Fitness Program Tab 5 Recreation Department Project Care/SeniorNet Coordinator Tab 10 Recreation Department Leisure Connection Coordinator Tab 12 Recra~,tion Depa.'tm~nt Therapeutics Program Tab ! 9 Library Literacy Team Center Tab 20 P!anning/Buildin.c Community Preservation Program Tab 28 Community Development Fee Reduction Program Tab 33 Engineering City Capital Projects Tabs 39 - 43 Community Development Chula Vista Reference Book Tab 45 Library Information/Referral Specialist Tab 47 "SOUTH Science & Engineering Fair runs March 31,2001 through tomorrowin BaJboa Park /;¥2 HERE KITTY, KITTY ~ Felines get the run of the place T.~ s~ D~o Taking the neighborhood's pulso Chub Vista voluntoorsdoor to door, sur~e~ng residents m~d The 8roup's fmdh~gs are ~cheduled bushaes$ owners throughout the cily to ~e presented at a block party and boost their community ~ey asked residents what needed to health fair ~om ~0 a.m. to 2 p.m. to*lay ~'~ ADOPT R id t~t ..es._en_s.__ to know needs of neighborhood COMPAC, INC. Newsletter County Mobilehome Positive Action Committee Corp. #1931955 Denms L. Branham. President Volume 7 Issue 04 P.O. Box 710434, Santee, CA 92071 April 2001  MRL 798.37.5 (d) states that the resident may not plant a tree in a rental park without written permission of the management. MRL 798.37.5 (e). (f) and ~J~IRL ARTZCLE 4. (g) state that these requirements will not apply to any rental Section 798.37.5 agreement/lease that was in effect By Dennis Branham prior to January 1, 2001. However, any agreements entered into on or This section was added to the after January 1, 2001 must comply MRL effective January 1, 2001. ! will with this section of the civil code. try to make you aware of what this Lastly, this section requires that Park section does, and does not, do for the Rules and Regulations must be in mobilehome owner, compliance with this section. f4RL 798.37.5 (a) contains the T hope this article will help all rules dealing with trees in a rental the mobilehome owners better mobilehome park. First, it says based understand this new section of the upon the written request of the IVlRL. homeowner to correct a tree problem on a resident space that is a health and safety hazard, the park owner is required to trim, prune, or remove the tree at the park owner's expense. Should the park owner disagree the tree is a health and safety hazard, DO YOU NEED A then the HCD Park !nspector shall be called to determine if the tree is a SPEAKER? hazard. f4RL 798 3705 (b) requires Do you ever wish you had a the park owner to maintain all park speaker for your park resident trees in common areas at the park meetings? Did you know that owner's expense. COMPAC will provide that service to MRL 798.37.5 (c) states that your group? the park management shall be solely One of the COMPAC goals is to responsible for all maintenance provide mobilehome owners with actions required to maintain the information on mobilehome living and driveways located in the park. The their rights under the civil code. So only exception to this is if the to obtain a speaker contact any of us driveway on your space was installed listed on the COMPAC directory on by the resident or the repairs are page 2. caused by the actions of the resident. 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