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").
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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
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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
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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.
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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
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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
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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
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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,
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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
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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
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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
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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.]
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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
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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.:
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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) 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
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( ) $ 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.
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(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:
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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.
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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.
San Diego
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