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Home My WebLink AboutAgenda Packet 2002/02/19 CITY COUNCIL AGENDA February 19, 2002 6:00 p.m. Council Chambers -' Public Services Building 276 Fourth Avenue, Chula Vista ~~~ ~ ~ .-...;: .-.....;: ~ ~~~~ ~........................ CllY OF CHUIA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. Stephen C. Padilla City Attorney Jerry R. Rindone John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow ********** The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 47 ********** H____- ------ "--- I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according to Brown Act requirements. AGENDA Dated ;;1 [I;"jD6IgnedÇj~ l1.¡jI.J!~lj February 19, 2002 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE: GREG ALABADO - HOUSING ADSVISORY COMMISSION . PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO CAPTAIN JOEL BOWMAN, REPRESENTING THE POLICE RESERVES, AND CAPTAIN DAVID LOWE, REPRESENTING THE MOUNTED POLICE, PROCLAIMING FEBRUARY 23, 2002 AS LAW ENFORCEMENT POLICE RESERVE AND MOUNTED OFFICER DAY IN THE CITY OF CHULA VISTA . PRESENTATION OF A CHECK IN THE AMOUNT OF $11,132.80 TO THE CITY BY KATE BREZINA, MARKETING ASSISTANT, AND FRANK WHITE, PROGRAM ADMINHSTRATOR FOR SAN DIEGO REGIONAL ENERGY OFFICE, AS AN INCENTIVE BONUS FOR INSTALLATION OF A COOL ROOF ON VARIOUS BUILDINGS AT THE NEW CORPORATION YARD - MICHAEL MEACHAM, SPECIAL OPERATIONS MANAGER, WILL ACCEPT THE CHECK CONSENT CALENDAR (Items I through 6) 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. APPROVAL OF MINUTES of February 12, 2002. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation ITom Peter Morlon, member of the Design Review Committee. Staff recommendation: Council accept the resignation and direct the City Clerk to post immediately according to Maddy Act requirements. B. Memorandum from the Assistant to the Mayor and Council stating that Alba Roberson, member of the Commission on Aging, has multiple unexcused absences and cannot be contacted. Staff recommendation: Council declare the seat vacant and direct the City Clerk to post immediately according to Maddy Act requirements. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LINDA BARTZ & ASSOCIATES, FOR THE PROVISION OF LEGAL SERVICES NEEDED FOR THE ACQUISITION OF RIGHT-OF-WAY REQUIRED FOR THE CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON TRUNK SEWER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (CONTINUED FROM FEBRUARY 12, 2002) The consultant, Linda Bartz & Associates, currently has a contract with the City for the provision of legal services for a variety of projects. Under this contract, the consultant has provided some services relative to the acquisition of right-of-way for the construction of the Salt Creek gravity sewer interceptor (SW219) and the Wolf Canyon trunk sewer (SW225) projects. However, as design work on the Salt Creek project progressed, it became evident that the consultant's services would be required to a larger extent than was originally anticipated. (Director of Public Works/City Attorney) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 99-03, EASTLAKE TRAILS NORTH TN-7, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On May 4, 1999, the City Council approved the tentative subdivision map for Chula Vista tract no. 99-03, EastLake Trails, which included the subject property as a sheet- graded pad, labeled as TN-? Adoption of the resolution approves the final map and subdivision improvement agreement. (Director of Public Works) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, LINSCOTT, LAW & GREENSPAN, ENGINEERS (CONSULTANT), AND THE EASTLAKE COMPANY, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT Page 2 - Council Agenda 02/19/02 - ------ --------------- ._--- - ---- On September 19, 2001, the City of Chllla Vista, The EastLake Company, LLC (Applicant), and Linscott, Law and Greenspan, Engineers (Consultant) entered into an agreement for the preparation of a traffic impact analysis and a report on a project known as EastLake Village Center North, located at the northwest and northeast comer of Eastlake Parkway and Otay Lakes Road. The applicant has changed the proposed retail commercial and limited manufacturing land use acreage, and increased the retail commercial floor space. These project changes require a revision to the previously prepared traffic analysis. Adoption of the resolution approves an amendment to the agreement with Linscott, Law & Greenspan Engineers for $HJ,OOO, to revise the traffic impact analysis for Eastlake Village Center North in accordance with a new project description submitted by the applicant. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 6A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY OF CHULA VISTA'S JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM (mRMP) DOCUMENT AND AUTHORIZING SUBMITTAL OF THE SAME TO THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTIONS 14.20.010, 14.20.020, 14.20.030, 14.20.040, 14.20.100, 14.20.110,14.20.120,14.20.200,14.20.220, 14.20.230, 14.20.310, 14.20.320, 14.20.340, AND ADDING SECTIONS 14.20.160 AND 14.20.170 TO THE CHULA VISTA MUNICIPAL CODE, ALL UNDER CHAPTER 14.20, RELATING TO STORM WATER MANAGEMENT AND DISCHARGE CONTROL Eighteen municipalities of San Diego County, including Chula Vista, as well as the San Diego Unified Port District and the County of San Diego are required to prepare and submit individual JURMP documents to the San Diego Regional Water Quality Control Board by no later than February 21, 2002. The City of Chula Vista's JURMP document outlines the City's program, for the remaining life of the Permit (4 years), to prevent discharge of polluted water to the waters of the United States. Additional staff in the Storm Water Management Unit of the Public Works Department/Engineering Division is needed to respond to the increased building projects reviews and site inspections required by the new National Pollutant Discharge Elimination System Municipal Permit Order No. 2001-01. (Director of Public Works) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 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 staff. Comments are limited to three minutes. Page 3 - Council Agenda 02/19/02 .---"-.---.--"-." .-----. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 7. CITY MANAGER'S REPORTS A. Scheduling of meetings. - 8. MAYOR'S REPORTS 9. COUNCIL COMMENTS ADJOURNMENT to a Regular Meeting of February 26, 2002, at 6:00 p.m. in the Council Chambers. Page 4 - Council Agenda 02/19/02 ,,--" --------"---- --- MINUTES OF A REGULAR MEETING OF THE CITY COUNc~"f1 OF THE CITY OF CHULA VISTA 0 February 12,2002 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: I 0 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLLCALL: PRESENT: Councilmembers: Davis, Rindone, Padilla, Salas, and Mayor Horton ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO RACEW ALKING COACH ENRIQUE PEÑA, CURT KLAUSEN, AND OTHER RACEW ALKERS IN RECOGNITION OF THEIR ACCOMPLISHMENTS AND ACKNOWLEDGING THE UPCOMING NATIONAL RACEW ALK CHAMPIONSHIPS TO BE HELD IN CHULA VISTA ON SUNDAY, FEBRUARY 17, 2002 - FOLLOWED BY COMMENTS FROM RECREATION DIRECTOR BUCK MARTIN REGARDING THE DEVELOPMENT OF A YOUTH PROGRAM PARTNERSHIP WITH THE RACEW ALKERS Mayor Horton introduced the racewalkers and read the proclamation; and Deputy Mayor Padilla presented the proclamation to Coach Pena. Recreation Director Martin and Curt Klausen commented on the newly established partnership between the racewalkers and Chula Vista youth. CONSENT CALENDAR (Items 1 through 7) Mayor Horton noted that Item #3 would be continued at the request of staff; and Item #4 would be removed ITom the Consent Calendar for separate consideration at the request of members of the public. With regard to Item #6, Councilmember Rindone commended Assistant City Manager Powell and his staff for their ability to obtain high returns on the City's investments. 1. APPROVAL OF MINUTES of January 15, January 22, January 29, and February 5, 2002. Staff recommendation: Council approve the minutes. I CONSENT CALENDAR (Continued) 2. RESOLUTION NO. 2002-036, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF SIX (6) APPLICATIONS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE FEDERAL FISCAL YEAR 2003/2004 HAZARD ELIMINATION SAFETY (HES) PROGRAM The Federal Surface Transportation Assistance Act (FST AA) of 1982 created the Hazard Elimination Safety (HES) program by combining several existing safety programs. The HES program provides funds for safety improvements on all public roads and highways, except for the interstate system. These funds serve to eliminate or reduce the number and severity of traffic accidents at hazardous public roads and highway locations, sections, and elements. CaITrans regulations require that official applications be submitted in order for projects to be considered for funding. In order for an application to be official, Council must approve a resolution authorizing submittal of the Federal Fiscal Year 2003/2004 HES program. Projects are chosen and then approved for funding after the applications have been evaluated by CalTrans. (Director of Public Works) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LINDA BARTZ & ASSOCIATES, FOR THE PROVISION OF LEGAL SERVICES NEEDED FOR THE ACQUISITION OF RIGHT-OF-WAY REQUIRED FOR THE CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON TRUNK SEWER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The consultant, Linda Bartz & Associates, currently has a contract with the City for the provision of legal services for a variety of projects. Under this contract, the consultant has provided some services relative to the acquisition of right-of-way for the construction of the Salt Creek gravity sewer interceptor (SW219) and the Wolf Canyon trunk sewer (SW225) projects. However, as design work on the Salt Creek project progressed, it became evident that the consultant's services would be required to a larger extent than was originally anticipated. City staff has recommended approval of a separate agreement with Linda Bartz & Associates for the provision of legal services related to the construction of the Salt Creek gravity sewer interceptor and the Wolf Canyon trunk sewer projects. (Director of Public Works/City Attorney) Staff recommendation: Council continue this item. 5. RESOLUTION NO. 2002-038, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE GRAFFITI ERADICATION SERVICES Page 2 - Council Minutes 02/12/02 CONSENT CALENDAR (Continued) The graffiti eradication program removes graffiti from private property when the owner of the property requests assistance through the graffiti hotline. (Chief of Police) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION NO. 2002-039, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES TO COMPLY WITH NEW STATE LEGISLATION Adoption of the resolution amends the existing City investment policy and guidelines to reflect the additional reporting requirements and other minor changes as set forth in Assembly Bills 943, 609 and 2220. (Assistant City Manager Powell) Staff recommendation: Council adopt the resolution. 7A. RESOLUTION NO. 2002-040, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MNA CONSULTING FOR LAND USE CONSULTING SERVICES RELATED TO THE REVISED DRAFT MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) SUBAREA PLAN, IMPLEMENTING ORDINANCES AND IMPLEMENTING AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2002-041, 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 DUDEK AND ASSOCIATES, INc. FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF A FIRST SCREENCHECK ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSMENT FOR THE REVISED DRAFT MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) SUBAREA PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Subsequent to City Council's adoption of the draft Multiple Species Conservation Program (MSCP) Subarea Plan in October 2000, environmental conditions changed, which jJlDltlplcd the Cily to provide further revisions to the draft MSCP Subarea Plan. Adoption of the resolutions approves the fourth amendment to the existing contract with MNA Consulting, for an amount not to exceed $47,000, for consulting services to include preparation of a revised draft MSCP Subarea Plan; and a new contract with Dudek and Associates, Inc., for an amount not to exceed $32,900 (with an additional $8,225 for additional services should they be necessary), for environmental consulting services to begin preparation of CEQA/NEP A-related documents. (Director of Planning and Building) Staff recommendation: Council adopt the resolutions. Page 3 - Council Minutes 02/12/02 n_--_".~--'_._"---------- .-- CONSENT CALENDAR (Continued) ACTION: Mayor Horton moved to approve staffs recommendations and offered Consent Calendar Items #1, #2, and #5 through #7, headings read, texts waived, with Item #3 continued to a future meeting. The motion carried 5-0. 4. RESOLUTION NO. 2002-037, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AGREEING TO A $10,000 CONTRIBUTION TO SAN DIEGO GAS & ELECTRIC (SDG&E) FOR SIDEWALK CONSTRUCTION ON FOURTH AVENUE, SOUTH OF ORANGE AVENUE, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Capital improvement project STL-256 is for a new sidewalk on the west side of Fourth Avenue across an SDG&E easement south of Orange Avenue. Engineering plans have been completed for this 250-foot segment of missing sidewalk, but funding for the project is not scheduled until Fiscal Year 2003/2004. The adjoining property owner, SDG&E, has made an offer to construct the sidewalk if the City participates. (Director of Public Works) Tony Carbasal, 444 Anita Street #110, spoke on behalf of himself and his neighbors in support of the project and thanked Councilmember Salas for her assistance in furthering the project. Ralph G. Brown, 444 Anita Street #97, also supported the project and thanked Councilmember Salas. ACTION: Councilmember Salas thanked SDG&E for its contribution to the community and offered Resolution 2002-037, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS David Lancaster, 339 East J Street, opposed having his sewer service charge added to his property tax bill. Ben. Pedillo, resident of El Cajon and owner of rental property in Chula Vista, also opposed the addition of sewer service charges to his property tax bill, stating that the charges should be paid directly by those who use the service. ACTION ITEMS 8. CONSIDERATION OF APPROVAL OF A BUSINESS INCENTIVE AGREEMENT WITH EASTLAKE DEVELOPMENT CORPORATION, HITACHI HOME ELECTRONICS (AMERICA), INC., AND MC MAHON DEVELOPMENT GROUP In November 1999, Council approved a business incentive agreement with EastLake Development Company, which resulted in Leviton building its 90,000 square-foot western regional R&D facility in ChuIa Vista. The agreement not only enabled the Page 4 - Council Minutes 02II 2/02 ACTION ITEMS (Continued) attraction of Leviton, but also required EastLake to entitle the remaining 80 acres of business park, bringing much needed light manufacturing!R&D land on line, available for immediate development by other hi-tech employers. The EastLake incentive agreement paved the way for the recruitment of DNP, a subsidiary of Dai Nippon LId, which recently announced the location of its electronics manufacturing plant in EastLake, and now paves the way for the recruitment of a new Chula Vista benchmark - the North American headquarters of Hitachi Home Electronics (America). (Director of Community Development) Economic Development Manager Dye presented the provisions of the proposed agreement. The Mayor and Councilmembers congratulated all those who contributed in bringing the significant project to Chula Vista. ACTION: Mayor Horton offered the following resolutions, headings read, texts waived: RESOLUTION NO. 2002-042, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUSINESS INCENTIVE AGREEMENT WITH EASTLAKE DEVELOPMENT CORPORATION, HITACHI HOME ELECTRONICS (AMERICA), INC., AND MC MAHON DEVELOPMENT GROUP, AND AUTHORIZING MAYOR TO EXECUTE SAME RESOLUTION NO. 2002-043, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CITY PAYMENT OVER TEN YEARS OF $157,170 IN PUBLIC FACILITY DEVELOPMENT IMPACT FEES (PFDIF), WAIVING $45,341 IN VARIOUS PROCESSING AND PERMIT FEES, AND APPROPRIATING $15,717 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR THE FIRST YEAR PAYMENT OF PFDIF (4/5THS VOTE REQUIRED) RESOLUTION NO. 2002-044, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND APPROPRIATING $91,742 IN CDBG FUNDS FOR PAYMENT OF SPECIFIC CITY PROCESSING FEES AND PERMITS (4/5THS VOTE REQUIRED) The motion carried 5-0. OTHER BUSINESS 9. CITY MANAGER'S REPORTS There were none. Page 5 - Council Minutes 02/12/02 -""-.""-------.-.----.. -- OTHER BUSINESS (Continued) 10. MAYOR'S REPORTS A. Ratification of appointment to the Housing Advisory Commission - Greg Alabado. ACTION: Mayor Horton moved to ratifY the appointment of Greg Alabado to the Housing Advisory Commission. Councilmember Salas seconded the motion, and it carried 5-0. B. Consideration of approval of letter to California Public Utilities Commission regarding allocation of Department of Water Resources power contract costs among the state's electric utilities. Mayor Horton submitted a letter she had sent to the California Public Utilities Commission and suggested that Councilmembers might want to send a follow-up letter to the CPUC. ACTION: Councilmember Davis moved to send a follow-up letter via e-mail to the CPUC ITOm the full Council. Deputy Mayor Padilla seconded the motion, and it carried 5-0. C. Mayor Horton read a letter ITom the Marysville Professional Firefighters Local 3129 expressing gratitude to Chula Vista firefighters for their support and fellowship to a terminally ill Marysville firefighter who was hospitalized in Chula Vista and for their assistance to the family of the firefighter, who died on September 11 tho D. Mayor Horton requested to reconvene and update the membership of the UC Chula Vista Task Force. ACTION: It was the consensus of the Council to approve the Mayor's request to reconvene the task force and update its membership and also to extend an invitation to John Jolliffe and Jerrold Siegel to become members of the task force. 11. COUNCIL COMMENTS Councilmember Rindone announced that new Port Commissioner William Hall will be sworn in on February 26th at I :00 p.m. and that Councilmembers and the public were welcome to attend the ceremony at Port District offices. ADJOURNMENT At 7:08 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of February 19,2002, at 6:00 p.m. in the Council Chambers. ~~~~ Susan Bigelow, CMC, City Clerk Page 6 - Council Minutes 02/12/02 _00'_"'._'------- --'- VINTA GE ~ ARCHITEC ~.J;L. -, AND DECONSTRUCTION SALV\CE Jim Sandoval Chula Vista Planning Department 276 4th Ave. Chula Vista CA 91910 ~~2-. Dear Jim, It appears that my business has reached a point where I am called to travel in a more exten- sive and unpredictable fashion. As a result of that, I am having increasing difficulties attending the meetings of the DRC. It is therefore with regret that I must resign my appointment as chairman and as member of the committee. I will try to attend, as a member, as many meetings as I am able to, until a suit- able new member has been appointed to replace me. The past five years have gone very quickly and have enjoyed working with everyone in the Planning Department and on the Committee. I will miss everyone. Sincerely, c Morton Cc. John Schmitz 1861-b Main St. San Diego. CA 92U3 619-239-7636 Fax. 619-239-7633 Mayor and Council Office Memo To: Susan Bigelow, City Clerk From: Armando Bueln¡¡\,issistant to the Mayor and Council Date: Feoruary 7,2002 Re: Declaring Seat Vacant on the Commission on Aging Commissioner Aloa Rooerson has multiple unexcused aosences from the Commission on Aging and has apparently moved from Chula Vista without leaving a forwarding address or phone numoer. Under the City Charter, Section 602(c), the position shail oecome vacant and shail oe so declared oy the City Council. Please place this matter on the first availaole agenda for ratification oy the City Council. ao cc: Alice Kemp, Commission Secretary {PAGE} 13 u- ----.._-------_.-"--- ----- (!¿IN /'/VUELJp(M? 4lee/Ý"vl 0//7"[ -I~2.... COUNCIL AGENDA STATEMENT Item Meeting Date 700... I o/fJ.2., ITEM TITLE: Resolution Waiving the consultant selection process and approving an agreement between the City of Chula Vista and Linda Bartz & Associates, for the provision of legal services needed for the acquisition of right-of-way required for the construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public WOrk~Or City Attorney ú1¿ REVIEWED BY: ( ~ (4/5ths Vote: Yes_No-X) City Manager.... 0 The consultant, Linda Bartz & Associates, currently has a contract with the City for the provision of legal services for a variety of projects. Under this contract, the consultant has provided some services relative to the acquisition of right-of-way for the construction of the Salt Creek Gravity Sewer Interceptor (SW219) and the Wolf Canyon Trunk Sewer (SW225) projects. However, as design work on the Salt Creek Project progressed, it became evident, that the consultant's services would be required to a larger extent than was originally anticipated. To this effect, City staff is recommending that Council approve a separate agreement with Linda Bartz & Associates for the provision of legal services, related to the construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer projects. RECOMMENDATION: That Council approve a resolution waiving the consultant selection process and approving an agreement between the City of Chula Vista and Linda Bartz & Associates, for the provision of legal services needed for the acquisition of right-of-way required for the construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer; and authorizing the Mayor to executc said agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Background - Existing Agreement with Linda Bartz & Associates There are currently a variety of on-going projects within the City that necessitates the City Attorney's Office to periodically retain the services of outside counsel who specialize in legal matters involving condemnation issues and overflow matters. Linda Bartz & Associates specialize _.~ "--- Page 2, Item ...3... Meeting Date~ in the area of condemnation law and have extensive experience in this and other related areas. Staff recommended that her services be retained. To this effect, Council on December 12, 2000, by Resolution 2000-450 (Attachment No.2) approved a retention agreement with Linda Bartz, Esq., for legal services to be performed under the supervision of the City Attorney. Under the terms of this agreement, the consultant was required to provide needed services for the new Police Facility, the Salt Creek Gravity Sewer Interceptor, the Wolf Canyon Trunk Sewer Project and a variety of other projects. This agreement was for an amount not to exceed $75,000 for the duration of the contract, and is valid for two years (from January 2001 through December 2002). To date Ms. Bartz has billed the City approximately $22,000 in legal services and $2,000 in reimbursable expenses. These reimbursable expenses include fees paid to appraisers retained to value property and business losses. Proposed agreement with Linda Bartz & Associates It is anticipated that the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewers, may necessitate the acquisition of right-of-way utilizing the condemnation process. Since the City already has an agreement with Linda Bartz & Associates to provide these types of services, staff determined that the Consultant would provide the services required for the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer projects. However, as the design of these two projects progressed, it became evident that it would be quite challenging to track the expenditures and administer the existing contract for the work being done by the Consultant on all assigned projects. Also, considering that the Consultant's services and workload related to the Salt Creek project will intensify within the next few months and will exceed the previous council authorization, staff is recommending that a separate contract be established with the Consultant solely for the work being done on these two sewer projects. Linda Bartz & Associates has reviewed the City's proposed schedule and have assured staff that they can prepare and deliver the services required of them within the time frames provided, all in accordance with the terms and conditions of this agreement. To this effect, the Consultant has submitted a cost proposal based on her estimate of the additional work to be done on these cusl approximately $200,0000 Considering the type of services being provided, it is not possible to accurately determine the potential cost of the projects, since it depends on the length and type of acquisition process (i.e. acquisition by eminent domain which may require lengthy court proceedings, or standard acquisition process which requires document review). Although the estimated total amount to be spent on both projects will increase significantly under this contract due to a better understanding of the project issues and the estimated amount of time to be spent on the project by the consultant, the Consultant's hourly rate will remain the same under this contract. It is staff's opinion that this fee is reasouable for the required services. _0__00_----""-----'-- Page 3, Item..3..... Meeting Date æ!t~ While the current contract is valid for a two-year period only (beginning January 2001 through December 2002), this proposed agreement would be valid for the duration of both projects. Current projections indicate that both projects would be completed by the summer of 2003. Justification for waiving the consultant selection process Linda Bartz & Associates was selected by the City of Chula Vista pursuant to a request for qualifications (RFQ) to provide as-needed legal services. The list established ITom the response to that RFQ has expired. However, Ms Bartz has pursuant to that RFQ response and subsequently provided legal services on condemnation and other matters. For the last year, Ms Bartz has been working on the Salt Creek project and providing the needed services. Throughout this period Ms Bartz has done so in a very efficient and effective manner. The establishment of this contract, while it increases the overall amount to be spent on the project for these services, also serves as a refinement that is purely administrative to better manage the Consultant's contract. Status of consultant's work The Consultant is currently assisting in the review of documents necessary to facilitate the acquisition ofright-of-way for the Salt Creek project. The City's Acquisition Agent (a consultant, Ryals & Associates) working under her direction has initiated the acquisition process for the rig ht- of-way needed for Phase 2 ofthe Salt Creek Gravity Sewer Interceptor (See Attachment No.3 for details of the various phases). To date, Linda Bartz & Associates has billed approximately $24,000 for services required for the Salt Creek Gravity Sewer Project. There have been no expenditures for the Wolf Canyon Project. So, the approval of this agreement will bring the total amount of the Consultant's contract to $224,000. The most significant part of the work to be done by the Consultant will potentially be in the acquisition of right-of-away needed for Phases 3 and 4 (east of Heritage Road) of the Salt Creek Gravity Sewer project and the construction of the Wolf Canyon Trunk Sewer. This work is expected to intensify starting next month. Approval of this agreement will authorize the consultant, Linda Bartz & Associates, to continue working on the right-ot~way acquisition for !be Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer under a new contract. Staff therefore recommends that Council waive the consultant selection process and approve the agreement for the provision of legal services required on the Salt Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer to Linda Bartz & Associates. ----------_u'--- - --- Page 4, Item :3 Meeting Date 02/1~~ FISCAL IMPACT: Council approval of this resolution will authorize the expenditure of budgeted funds from the project account. The costs associated with the Salt Creek Gravity Sewer Interceptor will be funded ITom the project funds. The project is currently funded with funds from the Trunk Sewer Capital Reserve Funds and the Salt Creek Gravity Basin Development Impact Fee (DIF). There are sufficient funds in the Salt Creek Gravity Sewer project account to cover the proposed expenditure. The costs associated with the Wolf Canyon Trunk Sewer will be solely funded by McMillin Development since they are currently funding the construction of the project with the goal of setting up a reimbursement district. Attachments: No.1 Agreement between the City of Chula Vista and Linda Bartz & Associates, for the provision of legal services needed for the acquisition of right -of-way required for the construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer. No.2 Resolution No. 2000-450 Waiving the Consultant Selection Process and, and authorizing the Mayor to execute a retention agreement with Linda Bartz & Associates for legal services to be performed under the supervision of the City Attorney No.3. Plat Showing the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer. fILE NO" 0735-1O-SW219 LlEngíneerlAGENDA ILinda Bartz" Co",mct-AI13ac"doc 2/6/026,51,20 PM "".-.-----. Agreement Between The City Of Chula Vista And Linda Bartz & Associates For The Provision Of Legal Consulting Services Required For The Salt Creek Gravity Sewer Interceptor And The Wolf Canyon Trunk Sewer Projects 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 I is between the City ofChula Vista, hereinafter called "City", whose business form is set forth on Exhibit A, paragraph 3, and Linda Bartz & Associates., hereinafter called "Consultant," 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, based on the evaluation of all the legal services required to facilitate construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer, the City Attorney determined that the legal services of a law firm that specializes in Condemnation Law would be necessary to ensure the timely acquisition of right of way; and WHEREAS, Consultant is a specialist in the area of Condemnation Law and has extensive experience in Condemnation Law; and WHEREAS, Consultant has already been providing the services required for these projects under a different contract, has a grasp of all the project issues, and since the inception of these projects, has represented the City in Court on a variety of issues related to these projects; and WHEREAS, pursuant to Chula Vista Mumcipal Code Section 2.56.070, staff determined that competitive bidding is impractical at this time and recommends that Council waive the normal consultant selection process and approve an agreement with Linda Bartz & Associates; and WHEREAS, Consultant warrants and represents that she is qualified by virtue of her experience, training, education and expertise to accomplish the services necessary under this Agreement. -"-"--- -"--- C;\ WINDOWS\Temporary ¡ntemet FileslContent lE51896TOJUBlLinda-Bartz-Salt- WolICagreementac"doc Page I 21712002 NOW, THERFORE BE IT RESOLVED, that the parties do hereby mutually agree as follows: 1. Consultant's Duties: A. General Duties: The Consultant shall perform all of the services described in 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 ITames set forth in Exhibit A, Paragraph 8, and deliver to the City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time ITames 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 shall not terminate this agreement, except at the option of the City. C. Reductions in Scope of Work: City may independently, or upon request from Consultant, ITom time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services: In addition to performing the Defmed Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph II, 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 ofloss by the following insurance coverages, in the following categories, and to the -------~--"--" Co \ WIN DO WS\ Temporary ¡otemet Files\Cooteot.IE5\896TOJUB\Lioda- Bartz-Salt - W olf-agceemeotae" doc Page 2 21712002 :B limits specified, policies of which are issued by Insurance Companies that have a Best'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 limits applied separately to each project away ITom premises owned or rented by Consultant, which names City and Applicant 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 and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 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 ofInsurance 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] 9, Exhibit A. Said Performance Bond to be furnished and de1ivered to the City of Chula Vista immediately following signing of contract by both parties and before any work is started. Work timetable begins upon delivery of said Performance Bonds. (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 by a check mark in the parenthetical space ----""----"---"--- " ~_.~-~~~-"--- c:\ WINDOWS\Tempom')' Internet FiI",\ContentIE5\896TOJUBlLinda-Bartz-Salt- Wolf-agreement,,"doo Page 3 2n/2002 9- 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. 1. Business License: Consultant agrees to obtain a business license ITOm 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 shali 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, the 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 basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation: Upon receipt of a properly prepared billing ITom Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more ffequently than montWy, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph II, 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. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 to be charged upon making such payment. --"-----"--"--------~- -- CIWINDOWSITempoca.-y I,,'en,,' F;le,IContent.IE5\896TOJUBIL;"d,-B"rtz-Salt-Wolf-agreeme"t.,,"doc Page 4 2n/2002 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. 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 ITom 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 ITom 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 Filler: 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 Refoml Act conflict ofinterest 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 detemlined by the City Attorney. "~~ ----" -~- C:IWINDOWSITemporaoy Int'rn,' Files'Con',nt IE51896TOJUBILinda-Bartz-Salt- Wolf-agroeffi,ntac.doc Page 5 In/2002 3~9 B. Decline to Participate: Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests: Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests: 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 ITom the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 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 ofthis Agreement, except with the written permission of City. "" ------------------ -----~--~------------ ee\ WINDO WS\T eoupo,"')' ¡otemet F;Ies\Content IE5\896TOJUB\LincIa-Bartz-Salt- W olf.agreeouentae"doe Page 6 2n12002 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: Consuitant shall defend, indemnity, protect and hold harmless the City, its elected and appointed officers and employees, !Tom 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 ITom the sole negligence or sole willful conduct 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 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 specitying 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 wouid 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: -~ ---------"-------------""----- C,IWINDOWSITompomry Internet Fil"IContentIE5\896TOJUBILinda-Bartz-Salt.Wnlf-ag"ementae"doc Page 7 2/7/2002 City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability: The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or 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 Consultant: City is interested only in the results obtained and Consultant shall perform as an independent Consultant with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent Consultant 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 --...~---~---.~-----~-- C,IWINDOWSITempocary Internet File,IContent.1E5\896TOJUBILinda.B""'.Salt.Wo]f-agre~nent.ao"doc Page 8 2m2002 be solely responsible for the payment of same and shall hold the City hann1ess with regard thereto. 14. Administrative Claims Requirements and Procedures: No suit or arbitration shall be brought arising out ohhis 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 ITom 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 recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs: In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous: A. Consultant not authorized to Represent City: Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman: If the box on Exhibit A, Paragraph [6 is marked, the Consultant and/or their principals is/are licensed with the State of Cali fomi a 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,I WINDOWSITomporaoy IntOnlot FiI"ICnntont.IE51896TOJUBILinda-Bartz-Salt- WoIf-agr,omont.ao"dnc Page 9 2n12002 C. Notices: All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement: This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties: Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawN enue: 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. C,\ WINDO WS\T emponuy Internet Pile,\ContentIE5\896TOJUBlLinda-Bartz-SaIt- Wolf-agreement ac.doc Page 10 2n/2002 /1 Signature Page Agreement Between The City of Chula Vista And Linda Bartz & Associates For the Provision of Legal Consulting Services required for the Construction of the Salt Creek Gravity Sewer Interceptor & the Wolf Canyon Trunk Sewer Projects" IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms. Dated: City of Chula Vista By: Shirley Horton Attest: Mayor Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: Linda Bartz & Associates ~ß£~ Exhibit List to Agreement (X) Exhibit A -"------- C:I WINOOWSITempoca'Y ~,ternet FilesIContentIE51896TOJUBlLÜ,da-Bartz.Salt- Wolf-agreementac"doo Page II 2n12002 3-/5 Exhibit A to Agreement Between The City of Chula Vista And Linda Bartz & Associates 1. Effective Date of Agreement: 2. City-Related Entity: (X) City ofChula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City ofChula Vista 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Name of Consultant: Linda Bartz & Associates 5. Business Form of Consultant: (X) Sole Proprietorship () Partnership () Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1010 Second Avenue, Suite 1010 San Diego, CA 9210 I Voice Phone (619) 237-5137 Fax: (619) 237-5110 ~ c: \ WINDOWS\ T empomry ¡ntemet F;,,\ContentJE5\896TOJUB\Linda- Bartz-Salt- W olf-agreement.ao.doc Page 12 2n12002 g-/(P 7. General Duties To the satisfaction of the City Attorney, provide legal consultant services required to facilitate the acquisition of right-of-way required to construct the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer. 8. Scope of Work and Schedule: The scope of work for this contract will be to provide legal consultant services required to facilitate the acquisition of right-of-way required to construct the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's General Liability Insurance: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions Insurance: None Required (included in Commercial General Liability Coverage). (X) Errors and Omissions Insurance: $1,000,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant N/A 11. Compensation: A. (X) Hourly Rate Arrangement For performance of all 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 Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: I. (X) Not-to-Exceed Limitation on Time and Materials Arrangements Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all oftbe Defined Services herein required of Consultant for no more than $224,000.00 (Two hundred and twenty four thousand dollars) including all Materials, and other "reimburseables" ("Maximum Compensation"). ---""~------" -""-- UWrNDOWSIT emporary Internet FileslContent I E51896TOJUBlLinda-Bartz-Salt - W olf-agreementac"doc Page 13 2/7/2002 2. () Limitation without Further Authorization on Time and Materials Arrangement, At such; time as the Consultant shall have incurred time and materials equal to $- for Deliverable 1, $- for Deliverable 2, $- for Deliverable 3, $_forDeliverable4, $- for Deliverable 5 and $- for Deliverable 6 all as defined in Section - Deliverables, of this agreement Rate Schedule Category of Employee of Name Hourly Legal Consultaut Rate Attorney Linda Bartz, Dennis Shieids, $125.00 William Polk Paralegal Under Supervision of $85.00 Consultant () Hourly rates may increase by 6% for services rendered after , 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: ( ) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $_: Actual Cost (X) Copies, not to exceed $0.10 per page: Actual Cost (X) Travel, not to exceed $_: Actual Cost (X) Printing, not to exceed $_: Actual Cost (X) Postage, not to exceed $-" Actual Cost (X) Delivery, not to exceed $_: Actual Cost (X) Long Distance Telephone Charges, not to exceed $- ( ) Other Actual Identifiable Direct Costs: , not to exceed $_. , not to exceed $ - c:\ WINDO WS\ T empor")' Internet FHes\Content IE5\896TOJUBILinda- Bartz-Salt- W olf-agreementac.doc Page 14 2n/2002 18 13. Contract Administrators: City: John Kaheny, City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 and Susan Bigelow, City Clerk. Consultant: Linda D. Bartz Linda Bartz & Associates 1010 Second Avenue, Suite 1010 San Diego, CA 9210 I Voice Phone (619) 237-5137 Fax: (619) 237-5110 14. Liquidated Damages Rate: N/A 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( ) Not Applicable. Not an FPPC Filer. (X) FPPC Filer () Category No. I Investments and sources of income. ( ) Category No.2. Interests in real property. (X) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. (X) 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. ----------" -.~-_._------ ë~WINDOWS\ Temporary Intemet F;IeslContent IE5\896TOJUB\Lìnda-Bartz-Salt- W o¡[.agreementac.doc Page 15 In/2002 1 ( ) 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. (X) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None 16. Real Estate Broker: Not Applicable 17. Permitted SubConsuItants: Dennis Shields William Polk As approved bv the City 18. Bill Processing: Consultant's Billing to be submitted for the following period of time: ( ) Monthly. The City will use its best effort to remit payments within 30 days. ( ) Quarterly (X) Other: Monthly and/or Ouarterly 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: ------ eel WlNDO WSI T empoca'Y Internet F;¡"IContentIE51896TOillBlLinda-Bartz-Salt - W olf-agæement ac.doc Page 16 2n/2002 ::3 -';;0 19. Security for Performance: () Performance Bond: () Letter of Credit: () Other Security: Type: Amount: $ () Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: () Retention Percentage: () Retention Amount: $ Retention Release Event: () Completion of all Consultant Services ( ) Other: C:'WINDOWSITemporary Iotern,t Fil"ICoot,ntIE5'896TOltJß'Linda-Bartz-Salt-Wolf-agreem,ntac"doc Page 17 2n12002 I .t.:rrA-Gt\-f'1.eWT lVO. ;¿ RESOLUTION NO. 2000-450 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE A RETENTION AGREEMENT WITH LINDA BARTZ, ESQ.. FOR LEGAL SERVICES TO BE PERFORMED UNDER THE SUPERVISION OF THE CITY ATTORNEY WHEREAS, after selection through a competitive bidding process, Linda Bartz has assisted the office of the City Attorney on an hourly basis on highly specialized legal matters involving condemnation issues and a variety of legal issues at times when overflow assistance was needed; and WHEREAS, Ms. Bartz' existing contract is due to expire on December 31, 2000; and WHEREAS, due to Ms. Bartz' previous selection through a competitive process, her current ongoing involvement in a number of cases, and her excellent past performance, it is recommended that Council waive the selection process. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby waive the Consultant Selection Process and authorize the City Attorney to execute a Retention Agreement not to exceed $75,000 with Linda Bartz, Esq., for legal services to be performed under the supervision of the City Attorney. Presented and Approved as to form by /' Resolution 2000-450 - Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of December, 2000, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ~~ Shirley Horton, ayor ATTEST: -:::;;::?11 --l tl L ~ ' ¡ ~ Susan Bigelow, City Cle STATE OF CALIFORNIA ) -, COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2000-450 was duly passed, approved, and adopted by the City Council at a regular meeting oftbe Chula Vista City Council held on the It" day of December, 2000. Executed this 12th day of December, 2000. ~IL.~~O~ Susan Bigelow, City Clerk - -. 3-¿;ì3 COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 12/12/00 ITEM TITLE: Resolution Waiving the Consultant Selection Process and Authorizing the City Attorney to Execute -a Retention Agreement with Linda Bartz, Esq., for Legal Services to be Performed Under the Supervision of the City Attorney SUBMITTED BY: City Attorney¿f~ (4/Sths Vote: Yes --- No~) In the past, the City has utilized the services of Ms. Bartz on an hourly basis to assist the staff on legal matters on an overflow basis and in specialized areas of law pertaining to condemnation issues. Due to the need for specialized legal services involving condemnation issues, it is necessary to authorize the City Attorney to execute a retention agreement with Ms. Bartz. RECOMMENDATION: Waive the consultant selectiol:\ process and approve the resolution authorizing the City Attorney to execute a retention agreement with Linda Bartz, Esq. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: After selection through a competitive bidding process, Linda Bartz has assisted the office of the City Attorney on an hourly basis on highly specialized legal matters involving condemnation issues and on a variety of legal issues at times when overflow assistance was needed. jvjs Bartz existing contract is due to expire on December 31, 2000- Due to Ms. Bartz' previous selection through a competitive process, her current ongoing involvement in a number of cases, and her excellent past performance, it is recommended that Council waive the selection process. Ms. Bartz is a specialist in the area of condemnation law and has extensive experience in general municipal law and litigation. Ms. Bartz' experience in condemnation law is currently necessary to assist the office of the City Attorney in the matter of Salt Creek and Wolf Canyon Sewer. --"-_.- ------------"------- ----- Page 2, Item: Meeting Date: 12/12/00 Due to the amount of work facing the City on a number of issues over the next two years, this agreement is for a two year period of January 1, 2001 through December 31, 2002. Ms. Bartz' compensation is not anticipated to exceed $75,000.00 during this period. Ms. Bartz' fee for legal services in extremely competitive at $125 - $150 per hour. It is also anticipated that the need for her legal services will continue throughout the completion of the condemnation for Salt Creek Sewer and other potential projects. FISCAL IMPACT: None. Funding for Ms. Bartz and other specialized legal services were provided in the City Attorney's budget for overflow and fees for legal services in the project budgets. No additional appropriations are required. H, \Home \Attorney\LBartz - ..-..- AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT is entered into effective January 1, 2001, by and between the City of Chula Vista, (hereinafter "the CITY") and Linda D. Bartz (hereinafter "ATTORNEY") doing business as Linda Bartz & Associates. RECITALS The following recitals are a substantive part of this Agreement: WHEREAS, the CITY has periodically required the assistance of outside counsel on highly specialized legal maters involving condemnation issues and overflow matters; and WHEREAS, ATTORNEY is a specialist in the area of condemnation law and has extensive experience in condemnation law; WHEREAS, ATTORNEY represents she is qualified by virtue of her experience, training, education and expertise to accomplish the services necessary under this Agreement. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term of Aqreement. This Agreement shall cover services rendered from the above- referenced effective date of this Agreement until December 31, 2002. 2 Services to be Provided. The services to be performed by ATTORNEY shall consist of any and all tasks reasonably required to advise, assist and fully represent the CITY in all legal matters presented to ATTORNEY and on any matters in litigation, wherein ATTORNEY is consulted by, or appears on behalf of, the CITY. ATTORNEY'S services shall include, but are not limited to, any and all reasonably required legal 1 --- -- "-"-- - ---" ---------"- ---------_.------- --- "--"--- representation on behalf of the CITY. 3. Compensation - ATTORNEY shall be compensated as follows: 3.1 Amount. The CITY shall compensate ATTORNEY for services rendered at the following hourly rate of $125.00 per hour except on matters identified as developer deposit account funded matters for which ATTORNEY services shall be rendered at $150.00 per hour and paralegal hourly rate of $85.00 per hour. Such hourly compensation shall bè the sole and total remuneration for services rendered pursuant to this Agreement. Said compensation shall not exceed $75,000.00 during the term of this Agreement. 3.2 Billing. ATTORNEY agrees to provide detailed invoicing of all billing for services at a minimum of every three months. The invoice shall include the amount, billing rate and basis for calculation of all fees and costs. All billing for work performed under this Agreement shall be sent to the following: John Kaheny City Attorney City of Chula Vista 276 Fourth Avenue Chula vista, CA 91910 (619) 691-5037 3.3 Reimbursements for Expenses. ATTORNEY shall keep accurate records of all costs, travel and expenses. These records shall be made available to the CITY upon reasonable request. The CITY will reimburse actual, reasonable and necessary out of pocket expenses incurred by ATTORNEY in performing any services under this Agreement as follows: a. Parking Fees at the actual amount charged to ATTORNEY. 2 -"~- - ~"~.- "----" ""-"- b. Travel/Mileage at the rate allowed by the Internal Revenue Service. Any -travel fees incurred outside of San Diego County must be authorized and approved in advance by the CITY. c. Consultants hired by ATTORNEY at the actual amount charged to ATTORNEY. d. ATTORNEY may seek reimbursement for any actual, reasonable and necessary expenses incurred on items not identified above with the prior authorization and approval by the CITY. e. In-house photocopies at .10 cents per page; and outside photocopies, postage, messenger and word processing at actual charges incurred. To obtain reimbursement, ATTORNEY shall submit a summary of expenses, along with all supporting receipts. 4. Insurance. 4.1 Professional Errors and Omissions Insurance. ATTORNEY shall obtain and maintain in full force and effect at all times Professional Errors and Omissions Liability Insurance in a reasonable amount acceptable to the City Attorney. ATTORNEY agrees to immediately notify the CITY in the event that the limits shall fall below the acceptable coverage or if the insurance policies are allowed to lapse and substitute insurance is, or is not, obtained. 4.2 Workers Compensation Insurance. ATTORNEY shall obtain and maintain, if applicable, c'urnpcl1satiun illsuxance in clccordance with section 3700 of the California Labor Code. 5. City Aqent. John M. Kaheny, city Attorney, for the purposes of this Agreement, is the Agent for the CITY. Whenever authorization or 3 --- ------.---------- -----..----".---- -- -...-- approval is required, ATTORNEY understands that the city Attorney has the authority to provide the authorization or approval. 6. Indeuendent Contractor. ATTORNEY and anyone employed by ATTORNEY are not and shall not be, deemed employees of the CITY. ATTORNEY is solely responsible for the payment of employment taxes, workers compensation taxes, and any other taxes for employees. 7. Conflict of Interest. ATTORNEY represents that she presently has no material financial interest other than that which may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf of the CITY which may be affected by the services to be performed by ATTORNEY under this Agreement. In addition to the proscriptions regarding conflicts of interest imposed on ATTORNEY by the Business and Professions Code and by California Rules of professional Conduct, ATTORNEY represents that ATTORNEY shall not represent clients before any board, commission, committee or agency of the CITY or represent any client with interests adverse to the CITY. Furthermore, ATTORNEY shall at all times avoid conflicts of interest or the appearance of a conflict of interest in performance of this Agreement. ATTORNEY shall immediately notify the City Attorney of any circumstances, or change of circumstances, that may provide for the potential for a conflict of interest, or actual conflict of interest. 8. Non Liability of Officials/Emvlovees of the CITY. No official or employee of the CITY shall be personally liable for any default or liability under this Agreement. Compliance with Law" ATTORNEY shall comply with all applicable laws, ordinances, codes and regulations of the Federal, State and local governments. In addition, ATTORNEY agrees to abide by all ethical and moral standards as represented by the Rules of Professional Conduct as applied to the California State Bar. 4 9~ (),:¡ ----.- ---" .---. ----"-"---------_.- "-- 10. Work Product. All documents, or other information developed or received, by ATTORNEY shall be the property of the CITY. ATTORNEY shall provide the CITY with copies of items upon reasonable demand or upon termination of this Agreement. 11. Notices. All notice shall be personally delivered or mailed, via first class mail, to the below listed address. In addition, such addresses shall be used for delivery for service of process. ATTORNEY agrees to notify the CITY within ten (10) days of the date of any change of address and agrees to keep an updated address with the applicable courts on any matters that ATTORNEY is representing the CITY. a. Address of ATTORNEY is as follows: Linda D. Bartz, Esq. Linda Bartz & Associates 1010 Second Avenue, Ste. 1010 San Diego, CA 92101 (619) 237-5137 b. Address of CITY is as follows: John M. Kaheny, Esq. City Attorney 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5037 12. Default/Termination of Aqreement. CITY and ATTORNEY shall have the right to terminate this Agreement without cause by giving thirty (30) days written notice. 13. Limitations Upon Assiqnment/Subcontractinq. ATTORNEY agrees that no portion of her performance or services rendered under this Agreement shall be assigned by ATTORNEY or subcontracted to any other without prior written authorization and 5 --.-...--. --- ---"- . ....- approval of the CITY. CITY hereby acknowledges and consents to subcontract work by Dennis Shields, Nancy Jones, David Axtmann and William Polk who are Of Counsel to ATTORNEY as supervised by ATTORNEY. 14. Non-Discrimination. ATTORNEY covenants there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. IS. Time of Essence. Time is of the essence in the performance of this Agreement. 16. Entjre Aqreement. This Agreement represents the Parties' final and mutual understanding. This Agreement supersedes any previous Agreements, oral or written. 17. Modification. This Agreement shall not be modified or replaced except by another signed, written Agreement, properly executed by the parties. 18. Waiver. The waiver of any breach or any provision of this Agreement does not waive any other breach of that term, or any other term, in this Agreement. 19. Partial Invaliditv. If any part of this Agreement 1.8 found for any reason to be unenforceable, all other parts nonetheless shall remain in force. 20. Governinq Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of California. 6 ------ 21. Interpretation. This Agreement shall be interpreted as though prepared by both parties. 22. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CITY and ATTORNEY survive the termination of this Agreement. 23. Attornevs' fees. If a party brings an action, including an action for declaratory relief, to enforce or to interpret the provisions of this Agreement, the prevailing party is entitled to reasonable attorneys' fees and costs in addition to any other relief to which the party may be entitled. Such fees may be set by the court in the same action or in a separate action brought for that purpose. (NEXT PAGE IS SIGNATURE PAGE) 7 P,-, "------ --------"--"- .--- --- D"c,:!3v~.-v~O ,5t3.'.10'!.P..!::1:~9~..B.!\.,:":!,Z & As:.s~"':ï.a:!::.c;>!'... _ß19 237 5110 !".O2 SIGNA'rURIi: PAGE '1"0 AGREEMENT FO~ LEGAL SERVICES IN wITNESS WHEREOF, these parties hl\ve RYP.cu!;ad this Agreement on the day a.ì1d year shawn hereinabove. CITY OF CHULA VISTA LINDA BARTZ & ASSOCIATES (fb ~- Fly: By,. ,i~/---\[). fcvC4 ~hirley Horton . Lind,,- g"-rta ") Mayor " ATTEST: By, -city Clerk Approved as to Form: --~" John I"L Kaheny CIty Attorney ". \"nm.\httornoY\"9r« \Ðar<z B --"~- 3":~ -.-- --"---- -_._-" z< ~ 5: ' ~ ~ i ~ ~- õ~1 ~ ~ ! ~! ~I~>~ 7)1 ~~ I :¡:~ ~~ u! I~ ! ~ """ ~ & ~ ~ ~~ :::¡ ~~~i~ ~ill!1 ~ ð ð . o~~~I~ ~ ~~~g~~ æ -I .. - -- - - - - - RESOLUTION NO. 2002- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LINDA BARTZ & ASSOCIATES, FOR THE PROVISION OF LEGAL SERVICES NEEDED FOR THE ACQUISITION OF RIGHT-OF-WAY REQUIRED FOR THE CONSTRUCTION OF THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON TRUNK SEWER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the consultant, Linda Bartz & Associates, currently has a contract with the City for the provision of legal services for a variety of projects; and WHEREAS, under this contract, the consultant has provided some services relative to the acquisition of right-of-way for the construction of the Salt Creek Gravity Sewer Interceptor (SW219) and the Wolf Canyon Trunk Sewer (SW225) projects; and WHEREAS, as design work on the Salt Creek Project progressed, it became evident, that the consultant's services would be required to a larger extent than was originally anticipated; and WHEREAS, to this effect, City staff is recommending that Council approve a separate agreement with Linda Bartz & Associates for the provision of legal services, related to the construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer projects; and WHEREAS, it is recommended that the consultant selection process be waived for the following reasons: . Linda Bartz & Associates was selected by the City of Chula Vista pursuant to a request for qualifications (RFQ) to provide as-needed legal services . Although the list established from the response to that RFQ has expired, Ms Bartz, pursuant to that RFQ response, has subsequently provided legal services on condemnation and other matters. . For the last year, Ms Bartz has been working on the Salt Creek project and providing the needed services and throughout this period Ms Bartz has done so in a very efficient and effective manner. . The establishment of this contract, while it increases the overall amount to be spent on the project for these services, also serves as a refinement that is purely administrative to better manage the Consultant's contract. 3- WHEREAS, staff is recommending that the City Council waive the consultant selection process of Municipal Code Section 2.56.110 as impractical for above stated reasons. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the consultant selection process and approve an agreement between the City of Chula Vista and Linda Bartz & Associates, for the provision of legal services needed for the acquisition of right-of-way required for the construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreement on behalf of the City of Chula Vista. Presented by Approved as to form by frbL 't~h John P. Lippitt Jo M. Kaheny Director of Public Works ty Attorney nattorncylcesol Lioda 8m'l, . 2 7JVn ::IF:3 ~ Linda Bartz & Associates . CJ Attorneys At Law + Condemnation Law Center 1010 Second Avenue, Suite 1010 Tel (619) 237-5137 . Fax (619) 237-5110 San Diego, CA 92101-4904 Real Estate + Eminent Domain + Civil Litigation + Public Agencies + Redevelopment Linda D. Bartz Of Counsel: Dennis L. Shields William R. Polk February 19,2002 John M. Kaheny, City Attorney City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Contract for Legal Services, Salt Creek and Wolf Canyon Sewer Projects Dear Mr. Kaheny: Thank you for the opportunity to respond to Otay Land Company, LLC's (Otay) correspondence of February 12,2002, objecting to my retention to perform legal services on behalf of the City ofChula Vista (City). The following statement in paragraph one ofOtay's letter lacks candor and is not a correct statement of the facts: "We received no letter, phone call or any communication whatsoever asking for permission to enter Otay Land Company's property prior to the initiation of the lawsuit. Rather, we were sued and dragged into court on 24 hours notice." As the following chronology shows, Otay's complaint about last year and lack of notice is disingenuous. The City, through its Right of Way Consultant, Rick Ryals, attempted to negotiate a right to enter for at least three months prior to the City enlisting my services to obtain a court- ordered right of entry. Mr. Ryals' ITustration with the Otay negotiations is what prompted my instruction ITom the City to obtain a Court Order. Moreover, my office contacted and negotiated with Otay, through its attorneys, for a week prior to the court hearing. The true facts are as follows: On November 9, 2000, a letter ITOm Rick Ryals on City letterhead was sent to Otay requesting the right to enter and enclosing a proposed a agreement; On January 29, 2001, my office, on behalf of the City, filed (but did not serve while Mr. Ryals continued to negotiate) a Petition for Order Permitting Entry on Property pursuant to California Code of Civil Procedure Section 1245.030 (a); . John M. Kaheny, City Attorney February 19,2002 Page Two On February 15,2001, I personally had a long telephone conversation with Simon Malk of Otay concerning the proposed entry; On February 15, 2001, my office sent Otay various project related City reports and documents in response to Mr. Malk's request; On February 16,200 I, my office arranged to have Otay personally served with City's petition and, although only twenty-four hour telephone notice was required, written notice of the court hearing on the petition was also served giving Otay six days notice of the hearing scheduled for February 22, 200 I; On February 21, 2001, supporting pleadings were served on Otay's attorney; On February 21, 200 I, a form of entry agreement negotiated with other owners was faxed to Otay's attorney for review; On February 22,2001, revised right of entry agreements per negotiations with Otay were faxed to both Otay and its attorney; On February 22, 2001, the City agreed to continue the scheduled hearing on its petition for twenty four hours to allow the parties to continue to negotiate the terms of entry; and On February 23, 2001, rather than the City proceeding to hearing on the petition, the parties finally agreed to the terms for entry which were incorporated into the Court's order. From February 15, up to entry of the February 23 Court Order, I had various telephone conversations and meetings with Otay's attorneys, Jefftey Chine and Steve Wall, which are too numerous to recite herein. I can assure you that, as is my practice in all my cases, the City, as my client, was informed and involved throughout the process. I did not make decisions-as to how and when to proceed against Otay without input and direction ITOm the client. Ultimately, even though we filed a petition, the City agreed to a right of entry with several onerous conditions required by Otay, many of which the Court probably would not have required had we proceeded to a hearing. By way of background, Otay has made planning for the City's projects difficult at best. The City is required by federal and state law to complete environmental assessments in connection with the sewer projects. The assessments require entry onto Otay's property. Otay has told the City in no uncertain terms that it cannot for any purpose enter on Otay's property. Therefore, absent Otay's permission, the City has had no alternative but to seek Court-ordered entry. Adding to the ~ Real Estate. ElIlinent Domain. Civil Litigation. Public Agencies. Redevelopment , John M. Kaheny, City Attorney February 19,2002 Page Three difficulty has been certain seasonal environmental studies, including surveys for the Quino Checkerspot Butterfly (QCB), which have placed the City and its consultants up against strict deadlines. The QCB season begins in late February and March. Both .last year and this year, Otay has been opposed to QCB surveys on their property. Otay's own environmental consultant has termed Otay "paranoid." In response to Otay's allegation that last year's petition to enter cost Otay over $20,000 in legal fees, I can only express surprise at that amount. I have represented the City on various aspects of this project including acquisition of right of way and rights to enter on all four phases of the project which involves several properties in addition to the Otay property. The Otay property is one offour properties in Phase Four. Since October of2000, my firm has billed approximately $22,000 for our work on the entire project. Approximately $2,000 of that amount was for reimbursable costs. I am aware of what we did for the City with respect to the Otay property and what Otay's attorneys did in response. The estimate I can approximate for my work on last year's petitions for all four of the Dhase four DroDerties and related negotiations with all owners is around $8,000. Unfortunately, additional fees were generated after the Otay court order was entered due to the refereeing which became necessary because of petty disputes Otay had with the City's consultants during the on-site inspections. For example, Otay was demanding to see drivers' licenses and record personal information for all City consultants before they would let them on the property even though the Court order did not require identification. Despite this, r am at a loss to understand how Otay could have incurred the fees they claim. I realize Luce Forward Hamilton and Scripps has higher overhead than my small boutique [urn and that their attorneys probably charge a much higher rate than my goverrunentrate of$125 per hour. Perhaps that explains the difference. Even so, I have a hard time imagining how they could have generated the claimed $20,000 in fees in response to the City's petition to enter and the related negotiations. Both last year and this year, as deadlines have loomed, the City has necessarily been required to resort to court-ordered entry when the parties have been unable to reach timely agreement on a negotiated right to enter. California Law provides a statutory process for entry onto property. Typically, the statutory process is straight forward. Over the years, I have obtained court-ordered entry for various public agencies in San Diego, Riverside and San Bernardino Counties. For the most part, they go unopposed. When they have been opposed, I have never seen such a contentious, voluminous opposition as was the case ofOtay. For whatever reason, Otay has chosen to fight the City's entry by throwing up roadblocks at every juncture. In my opinion, Otay' s opposition has been an overreaction. Both last year and this year, it has been very ITustrating to deal with Otay. It has consistently been the type of negotiation where you think you have reached agreement and then they want more. Mr. Ryals reported frustrations similar to mine. Otay seems to operate on the premise that an unsubstantiated ad hominem attack on opposing counsel is part and parcel of doing business. ~ Real Estate. Eminent Domain. Civil Litigation. Public Agencies. Redevelopmcnt . John M. Kaheny, City Attorney February 19,2002 Page Four Unfortunately, in addition to dealing with contentious relevant issues, Otay resorts to personal attack. Last year, the City's environmental consultant, Dudek & Associates, was the target. This year apparently it is me. The timing of Otay's February 12 correspondence is interesting. Otay is apparently upset about a letter sent ITom my office on the same date to Otay's attorney. Otay apparently perceived our mention of having to resort to the statutory process as a threat oflitigation. However, as explained in the letter, the City was once again driven by time constraints. This year's chronology has been as follows: 1/23/02 I received entry requirements from City's consultant, Dudek & Associates. 1/25/02 I sent a letter to Otay's attorney requesting a substantially similar agreement to the one negotiated last year. Otaywas advised that the City needed entry by February 15. A copy of the request was sent to Mr. Goodson. (Various telephone negotiations omitted) 2/8/02 I delivered a form of an agreement which had been discussed with Otay's attorney and which he seemed to indicate would be acceptable. 2/11/02 I received notice that Otay was calling City staff with objections to the size of the entry area. I discussed this with staff and the consultant and was advised that the same area as last year was required. Staff and Simon Malk of Otay were discussing the proposed entry directly. I was advised that Mr. Malk seemed to understand the City's need for the same area as last year. I, in turn, advised Otay's attorney that I thought the issue had been resolved and wanted to know when I would get the signed agreement, again reminding the attorney of the February 15 effective date. He said he would get back to me ifthere was a problem. 2/12/02 Since I had not heard back from them and had not received the signed agreement, the attached follow-up letter was sent. (See Letter, Attachment No.1) (This letter is apparently what triggered Otay's latest ire and prompted its complaint against me.) 2/12/02 I received a voice mail message ITom Mr. Chine apologizing for not getting back to me sooner and advising of a meeting Otay had set up with City staff. (See Transcript, Attachment No.2) ~ Real Estate. Emil1ellt Domain. Civil Litigatioll . Public Agencies. Redevelopment . John M. Kaheny, City Attorney February 19,2002 Page Five 2/14/02 At a meeting with Otay and City staff, Otay finally signed a Right of Entry Agreement after the City, once again, made concessions. Neither the City nor I can control what Otay perceives as "threats." Nor can we control Otay's opposition or its attorneys' billing. However, I am confident that I have conducted myself professionally in response to the Client's request to obtain aright to enter by court order ifnecessary. I appreciate the confidence the City ofChula Vista has shown regarding my work on this project and others. I have enjoyed an excellent relationship over the years with the City of Chula Vista, which has been ongoing on a variety of matters since approximately 1994. I am confident my work and the results I have obtained on behalf of the City, including recent acquisitions for the new police station site, are reason enough to continue our working relationship. Moreover, I am confident I have not been overly aggressive in my interactions with Otay and its attorneys. On the other hand, I am confident that in the face of the contentious opposition the City has encountered ITom Otay, that I can provide legal services commensurate with the tenor and caliber of the opposition. I take issue with Otay's characterization of me. Nonetheless, Otay itself has argued that there are times when it might be prudent for the City to have "aggressive" counsel. We do not disagree. Apparently, the only real disagreement is when that might be necessary. As for playing "hard ball," Otay's misleading attack on my professional reputation and attempt to interfere with my contractual relationship with the City ofChula Vista speaks volumes. Finally, in response to Otay's concern whether my "style" suits the City of Chula Vista, please refer to a 1998 recommendation regarding my services from your then Building and Housing Director. (See Letter, Attachment No.3) Please let me know if you require additional information. As requested, I will be available at the hearing on my contract to respond to questions. ~lY yo=. ~ ~ 1) f~ 3da D. Bartz Attachments cc: Honorable Mayor and City Councilmembers David D. Rowlands, Jr., City Manager ~ Real Estate. ElIlinent Dolllail1 . Civil Litigation. Public Agencies. Redeveloplllel1t . ~ - ~ Linda Bartz & Associates . .. Q Attorneys At Law . Condemnation Law Center . - 1010 Second Avenue, Suite 1010 Tel (619) 237-5137 . Fax (619) 237-5110 SaIl Diego, CA 92101-4904 Real Estate + Eminent Domain + Civil Litigation + Public Agencies + Redevelopment Linda D. Bartz Of Counsel: Dennis L Shields William R. Polk February 12,2002 VIA FACSIMILE (619) 232-8311 ONLY Jeffrey A. Chine, Esq. Luce, Forward, Hamilton & Scripps LLP 600 West Broadway, Suite 2600 San Diego, CA 92101 Re: City ofChula Vista/Salt Creek Interceotor and WolfCanvon Sewer Projects Right of Entry on Property/Gtay Land Company Dear Mr. Chine: Please advise me immediately whether or not your client will agree to the Right of Entry Agreement delivered to your office Friday afternoon. Due to the time constraints, if we are unable to obtain an agreement, we will have no alternative but to proceed with a petition pursuant to CCP § 1245.010, et seq. Sincerely yours, ;(ÂM 11:Jt-1 Linda D. Bartz,. . pVJ d- S,\CV General\Salt Creek\Otay Land\Chine ltr re agreeing to ROE.wpd ATTACHMENT NO. 1 "."~--" -""------_._. _"n__~_~_._"----- . . TRANSCRIPT of voice mail message of Tuesday, February 12, 2002 at 3:43 p.m. Linda, hi, it's Jeff Chine. It's almost a quarter of four on Tuesday the 12th Hey, I received your letter regarding Otay Land Company, City ofChula Vista and the Right of Entry. And I apologize, I probably should have called you yesterday. I was out of the office most of the day. Simon Malk tells me that there's a meeting on Thursday at three o'clock with the City, and in particular Mr. Lippett, to discuss this issue and so I believe it's the City's understanding as well as ours that pending that meeting we are not going to sign the agreement but that the agreement would be the topic of discussion at the meeting on Thursday. So if you haven't spoken with those folks on the City's end, perhaps you should and if you have spoke with them and your understanding is different than mine, then please get back to me. Thanks very much. Bye, bye. ATTACHMENT NO. 2 ~~~ -...- ~...;¡:' . ~-- . .... CITY Of CHULA VISTA BUILDING AND HOUSING DEPARTMENT June 18, 1998 To Whom It May Concern: Re: Code Enforcement Services Provided bv Bartz & McCarbeM! LLP This recommendation is written at the request of Linda Bartz who serves as Acting Deputy City Attorney and Legal Advisor to the City ofChula Vista's Code Enforcement Division. Ms. Bartz has been working in this capacity ITom time to time since October 1994. During her assignments, Ms. Bartz works directly with Code Enforcement Officers on cases involving a variety of neighborhood complaints. Ms. Bartz takes a proactive role and has assisted our Department in resolving disputes, many of which have been complex and ongoing for quite some time. In many instances she has negotiated compliance agreements. In others, she represents the City ofChula Vista in Court actions. Ms Bartz goes out of her way to help educate Code Enforcement Officers to assist them in future situations. Our Department prefers to facilitate and achieve compliance rather than pursue Court actions and Ms. Bartz has been able to help us achieve those goals by coordinating staffs' efforts with the individual needs and abilities of the parties. Our staff has been particularly impressed with her personable style and light touch which serves to bring the parties together. In addition, we are impressed with her sense of fairness and equity. I recommend, without hesitation, Ms. Bartz and her law firm for code enforcement related assignments. Sincerely yours, ~6~ Kenneth G. Larsen, c.B.O. Director of Building and Housing Department City of Chula Vista ATTACHMENT NO.3 276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5007' FAX (619) 691-5171 ~~f?. -.- "- - - -- ""fff5~";;: CllY OF CHUlA VISTA OFFICE OF THE CITY ATTORNEY DATE: February 19, 2002 TO: The Honorable Mayor and City Council David D. Rowlands, Jr., City Manager FROM: John M. Kaheny, City Attorney J1lt SUBJECT: Absence from 2/19/02 Council Meeting I will not be present for tonight's City Council meeting as I will be attending a memorial service at the Marine Corps Recruit Depot Chapel. Senior Assistant City Attorney Ann Moore will be in attendance. JMK: 19k cc: City Clerk 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823 .' '",Coo""m.,'.._'""',"", Informational Item February 18, 2002 File No. 0735-1O-SW219-11 TO: The Honorable Mayor and City Council VIA: (J;, ~ David J. Rowlands Jr., City Manager /'" ~I FROM: John P. Lippitt, Director of Public Wor~s ~ SUBJECT: Authorization to Proceed with Biological Surveys Required for the Salt Creek Trunk Sewer Project. At the inception of this project, we anticipated that to comply with the provisions of the Mitigation Monitoring and Reporting Program, the City had to conduct biological surveys along the potential alignment of the Salt Creek Trunk Sewer including surveys for quino checkerspot butterflies. Dudek & Associates, the Consultants retained to prepare engineering plans and environmental documents needed for this project, did this initially and the finding were incorporated into the Final Environmental Impact Report (FEIR) which was certified by Council on July 17, 2001 by Resolution No. 2001-218. However, since the approval of the original agreement with Dudek, in May 2000, due to a variety of complex environmental and engineering issues, the completion of this project has been delayed by nearly one year. Therefore, findings ITom the previous quino checkerspot butterfly surveys conducted by Dudek on the Salt Creek Sewer alignment have become outdated and would no longer meet the resource agency's guidelines. For that reason, it has become necessary to go back and do additional surveys along that same alignment corridor. Dudek has submitted a proposal to the City for the completion of these surveys (see attached). Since this additional survey and some other additional environmental and engineering work were not envisaged in the original agreement with Dudek & Associates, we will soon be bringing a recommendation to council to approve a resolution amending Dudek's Contract to provide these additional services. Based on the U.S. Fish and Wildlife Service (FWS) 2002 Survey Protocol, for the butterfly surveys have to be done usually from mid February through early April. Since there is a very narrow window of time during which these required surveys have to be completed, unless otherwise directed, we are directing Dudek & Associates to proceed with these needed surveys, while we work with Dudek to address the other components of the amendment to their contract. We anticipate bringing this item to council within the next three weeks with a complete staff report. Attachment J ,lenginee,\aGEND A \Dudek -B io-Su<vey -info ac. DOC ATTACHMENT EXCERPT FROM DUDEK'S PROPOSAL FOR ADDITIONAL ENVIRONMENTAL SERVICES NECESSARY FOR THE COMPLETION OF THE SALT CREEK GRAVITY SEWERINETERCEPTOR TASK 2 FOCUSED SURVEYS FOR QUINO CHECKESPOT BUTTERFLY DUDEK will conduct an adult flight survey for the quino checkerspot butterfly in accordance with the U.S. Fish and Wildlife Service (FWS) 2002 Survey Protocol. The scope of work includes an updated habitat assessment before or during the first week of the butterfly season in the year 2002. The habitat assessment will identify portions of the project corridor that will require an adult survey, based on any changed field conditions that may have occurred since the last survey period. The assessment will include a general field survey where appropriate habitat characteristics will be mapped onto an enlarged (200 percent) U.S. Geological Survey (USGS) 7.5 minute topographic quadrangle map, as requested by the USFWS. DUDEK will conduct an adult flight survey for the quino checkerspot butterfly in accordance with the USFWS 2002 survey protocol. Butterfly surveys will be conducted once per week for five consecutive weeks. The dates of the butterfly survey season will be determined by the USFWS based on monitoring of reference sites. Surveys will only be conducted under acceptable weather conditions: dry weather; winds less than 15 mph; temperatures in the shade above 60° Fahrenheit on a clear, sunny day; and temperatures in the shade above 70° Fahrenheit on an overcast or cloudy day. Any adult quino or larvae detected on the site will be mapped onto the 200-scale base map and according to the USFWS 2000 protocol, may be captured. Quino larval host plants also will be mapped onto the base map. If a known or suspected quino checkerspot butterfly or larvae is detected on the site, DUDEK is required by the USFWS to report the finding within 24 hours by phone and FAX. DUDEK will notify the City of the finding prior to notifying the USFWS. Within 45 days of the close of the adult flight season, a report will be submitted to the USFWS, Carlsbad Field Office, detailing the results of the adult survey and habitat assessment. The report will include all biologists working on the project, with precise survey times and weather conditions, a site assessment map with larval host plant locations, a list butterflies observed during weekly surveys and photographs of any suspected quino larvae or butterflies. This report will be submitted to the City for review, prior to submitting to the USFWS. All mapping will be placed in an ArcCAD file for use with other biological resources in the Geographical Information System (GIS) database. Estimated Costs Task 2......................................................'.."'.........................$24,150 J :lengineerlaGENDA IDudek-Bio-Survey-inf.ac.DOC COUNCIL AGENDA STATEMENT Item~ Meeting Date 2/19/02 ITEM TITLE: Resolution Approving Final Map ofChula Vista Tract No. 99-03, EastLake Trails North TN- 7, accepting on behalf of the City ofChula Vista the various easements, all as granted on said map within said subdivision, and approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision and authorizing the Mayor to execute said agreement SUBMITTED BY: Director of Public Worky .~' REVIEWED BY: City Manager~~¡V (4/Sths Vote: Yes_No]D On May 4, 1999, by Resolution 19447 (Attachment I), the City Council approved the Tentative Subdivision Map for Chula Vista Tract No. 99-03, EastLake Trails, which included the subject property as a sheet-graded pad labeled as TN-7. The Final Map (Attachment 2), Subdivision Improvement Agreement (Attachment 3) are now before Council for consideration and approval. RECOMMENDATION: That Council adopt the resolution approving the Final Map, and Subdivision Improvement Agreement. BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: General The project site is irregular in shape and represents a portion of the Eastern area of the EastLake Trails subdivision. The site is bordered to the south by Clubhouse Drive, to the north and west by residential single-family homes of the EastLake Trails TN-3, and to the east by Poplar Springs Road. The Final Map for the subdivision consists of 2 condominium lots on 7.02 acres proposed to accommodate 90 condominium dwelling units. A plat of the subdivision is presented in Attachment 2. Access to the site is provided via Clubhouse Drive. Offsite easements have been recorded to modify the access through a portion of an Eastlake Master HOA slope. This site is in conformance with EIR 97-04. On May 4, 1999, by Resolution 19447, the City Council approved the Tentative Subdivision Map for Chula Vista Tract No. 99-03, EastLake Trails, which included the subject property as a sheet-graded pad labeled as TN- 7. On March 27, 2001, by Resolution 2001-073, the City Council approved Final Map No. 14187 for Chula Vista Tract No. 99-03 EastLake Trails, labeling the site as Lot 142. The EastLake II General Development Plan and the EastLake Trails SPA Plan designated Medium Density Residential (6-11 du/ac.) and targeted for 90 dwelling units. 4 Page 2, Item~ Meeting Date 2/19/02 The final map for said subdivision has been reviewed by the Department of Public Works and found to be in substantial conformance with the approved Tentative Map. Approval ofthe map constitutes acceptance by the City of all General Utility and Access Easements within the subdivision. The Environmental Review Coordinator has reviewed the proposed Final Map, and determined that the project would not result in any new environmental impacts that were not previously identified in Final EIR 97-04, nor would the project result in a substantial increase in the severity of any environmental effects previously identified in Final EIR 97-04. Satisfied Conditions and Agreements The Developer has satisfied all applicable conditions of approval of Resolution 19447, required prior to Council approval of the Final Map, through the design, grading and improvement plans, the bonding of work, the payment of all applicable fees, easements, and agreements. The original owner of the site previously executed a Supplemental Subdivision Improvement Agreement in order to satisfy the remaining conditions of approval for Resolution 19447 Tentative Map Conditions which apply to this site. Said agreement runs with the land and remain in full force and effect. The Developer has executed a Subdivision Improvement Agreement in addition to the existing Supplemental Subdivision Improvement Agreement and has provided bonds to guarantee construction ofthe required public improvements. The Developer's Disclosure Statement is attached as Attachment 4. FISCAL IMP ACT: All staff costs associated with processing of improvement plans and final map will be reimbursed trom developer deposits. Attachments: Attachment 1: Resolution 19447 Attachment 2: SitelVieinity Map Attachment 3: Subdivision Improvement Agreement Attachment 4: Developer's Disclosure Statement I\Engmccrll/\NDDEYITrails Nl1rtnI7-condl1\C/ISrMTn7.dl1c Lf - ----- _."-,------,----, ,. f.\"TÞ,CHMENT I RESOLUTION NO. 19447 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND ADDENDUM TO FSEIR 97-04 (EASTLAKE TRAILS/GREENS RE-PLANNING PROGRAM), INDEMNIFICATION AGREEMENT AND ESTABLISHING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE TRAILS, CHULA VISTA TRACT 99-03. I. RECITALS A- Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A-l through A-5, copies of which are on file in the Office of the City Clerk, incorporated herein by this reference, and commonly known as Eastlake Trails Tentative Subdivision Map, Chula Vista Tract 99-03; and for the purpose of general description herein consists of 322.8 gross acres located on the east side of Hunte Parkway between Otay Lakes Road and the future alignment of Olympic Parkway, within the Eastlake Planned Community ("Project Site"): and B. Project; Application for Discretionary Approval WHEREAS, on October 8, 1998. The Eastlake Company ("Developer") filed a tentative subdivision map application with the Planning and Building Department of the City of Chula Vista requesting approval of the Tentative Subdivision Map for Eastlake Trails, Chula Vista Tract 99-03 in order to subdivide the Project Site into seven hundred forty nine (749) residential lots; four super Jots with capacity for 394 dwelling units: three (3) open space lots (OS-1 through 05-3), three (3) park lots (P-1 through P-3), school site (S-1); community purpose facility site (CPF): and various special lots (i_e- slope lots) throughout the subdivision ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) a General Development Plan, Eastlake II (Eastlake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 ("GDP") and amended by City Council Resolution No. 19275 on November 24, 1998: 2) the Eastlake Trails Sectional Planning Area Plan ("SPA"); 3) Eastlake Trails Air Quality Improvement Plan (AQIP); 4) Eastlake Trails Water Conservation Plan (WCP); 5} Eastlake Trails Planned Community District Regulations; 6) Eastlake Trails Design Guidelines; 7) Eastlake Trails Public Facilities Financing Plan; and 8) Eastlake Comprehensive Affordable Housing Program, all previously approved by City Council Resolution No.19275, and Ordinance 2765 on November 24, 1998; 81 Eastlake III Development Agreement, approved on February 27, 1999; and 9) Eastlake Park Agreement. approved on August 8,1998; 10) Escrow Agreement. approved on March 26, 1996: and D. Planning Commission Record on Application '1-3 --- ------ --,----"._------" - . --"~- ---.--------"--"---- ---- Resolution 19447 Page 2 WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 28, 1999 and, after hearing staff presentation and public testimony, voted ( - ) recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on May 4, 1999, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and WHEREAS. the city clerk set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p,m. May 4, 1999, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on April 28, 1999, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. PREVIOUS EIR-97-04 REVIEWED AND CONSIDERED: FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIR-97-04 (Eastlake Trails I Greens Replanning Program). IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that any impacts associated with the proposed tentative subdivision map have been previously addressed by FSEIR 97-04 (Eastlake Trails! Greens Re-planning Program) and has, therefore, prepared an addendum to said EIR. Refined information available since completion of the EIR regarding the potential environmental impacts of the project does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR,The Addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL ----- --E./ ; . ¡ ..._-" -"......."------- Resolution 19447 Page 3 The City Council finds that Addendum to FSEIR-97-04 reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to FSEIR 97-04 (Eastlake Trailsl Greens Replanning Program!. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for Eastlake Trails, Chula Vista Tract No. 99-03 is in conformance with the elements of the City's General Plan, based on the following: a- Land Use The East/ake Trails Sectional Planning Area (SPA) plan provides for Low (0-3 du/acJ. Low Medium (3-6 du/acJ. and Medium (6-11 du/ac) residential densities, as well as Parks (P), Open Space (OS), Public Quasi-public support (PO) land uses for 1143 dwelling units (5.1 du/ac.). The proposed subdivision incorporates a variety of lot sizes within the density range allowed by the SPA and other lots to satisfy the park dedication and Community Purpose Facilities (CPF) requirements. Thus, the Project as conditioned, is in substantial compliance with the Eastlake II GDP and Eastlake Trails SPA. b. Circulation All on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the Eastlake Trails Public Facilities Financing Plan. The public streets within the Project will be designed per City design standards and/or requirements. The westerly adjoining street system was designed to handle the anticipated flow of traffic from this and other area projects. The required and anticipated off-site improvements would be designed to handle this Project and future projects in the area. c. Housing The Eastlake Comprehensive Affordable Housing Program has been adopted and incorporated into the Eastlake Trails SPA Plan to ensure that a minimum of ten percent affordable housing is provided. In addition, a mix of housing types and lot sizes for single-family. townhouses, condominium and various apartment densities will also be provided for persons of various incomes. d. Conservation The Environmental Impact Report FSEIR-97-04 and Addendum addressed the goals and policies of the Conservation Element of the General Plan and found the development of this site to be consistent with these goals and policies. '1-5 "-- ------.---- ---__-n' ---. . I I ------.--- ---- Resolution 19447 Page 4 e. Parks and Recreation. Open Space The Eastlake Trails Tentative Subdivision Map provides a community park, community center, private swim complex and regional as well as community trails consistent with the General Plan, Eastlake II General Development plan and Eastlake Trails goals and objectives. f. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. g. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. h. Noise Noise mitigation measures included in the Environmental Impact Report FSEIR- 97-04 and Addendum adequately address the noise policy of the General Plan. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private patio areas. i" Scenic HiClhwav The project site is located adjacent to designated scenic highways (Olympic Parkway and Otay Lakes Road). An average 75-foot wide landscaped open space buffer and a decorative wall will be provided along these two edges and extended along Hunte Parkway. j. Bicvcle Routes Bicycle lanes have been incorporated within the Eastlake Trails design and will be connected to the existing Eastlake Greens SPA bicycle lane system. In addition, the public streets within the project are of adequate width to accommodate bicycle travel within the interior of the subdivision. k. Public BuildinCls No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act. the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. if-to --_... ---.-------- I ¡ Resolution 19447 Page 5 C. The configuration, orientation and topography of the site partially allows for the optimum setting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract 99-03 and FSEIR-97-04 and Addendum, except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Subsequent Environmental Impact Report for Eastlake Trails, FSEIR-97-04 and Addendum. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the FSEIR and Addendum. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map. of: 1) The Eastlake II General Development Plan (GDP): 2) Eastlake Trails Sectional Planning Area (SPA) Plan: 3) Eastlake Trails Planned Community District Regulations: 4) Eastlake Trails Design Guidelines: 5) Eastlake Trails Public Facilities Financing Plan: 61 Eastlake Trails Water Conservation Plan; 7) Eastlake Trails Air Quality Improvement Plan; 8) Eastlake Trails Sub-area Water Master Plan; and 9) Eastlake Trails Waste Water Master Plan, all approved by the Council on November 24, 1999. Resolution No. 19275 ("Plans"), prior to approval of the corresponding Final Map. As an alternative, the Developer shall entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require. Also assuring that, after approval of the Final Map, the developer will continue to comply, remain in compliance. and implement such Plans. The Developer shall also agree to waive any claim that the adoption --- -1--------------- . ¿I--? I T Resolution 19447 Page 6 of a final Water Conservation Plan or Air Quality Plan constitutes an improper subsequent imposition of the condition, D. Implement Public Facilities Financing Plan Developer shall Install public facilities in accordance with the Eastlake Trails Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning and Building Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. E. Design Approval The Developer shall develop the lots in accordance with the Eastlake Trails Planned Community District Regulations and Design Guidelines and all single family lots less than 5.000 sq. It shall be submitted for review and approval under the City's Design Review process prior to submittal for building permits. VIII. SPECIAL CONDITIONS OF APPROVAL The following conditions of approval are based on two Final Maps or development phases. which are hereinafter referred to as "Initial Phase" and the "Remaining Phase." Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's satisfaction prior to approval of the Initial Phase First Final Map. STREETS. RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 1. Provide security in accordance with Chapter 18.16 of the Municipal Code and dedicate, and construct full street improvements for all public streets shown on the Tentative Map within the subdivision boundary or off-site, as required for each phase in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Man..al. unless otherwise approved by the City Engineer. Said improvements shall include, but not be limited to. asphalt concrete pavement, base, concrete curb, gutter and sidewalk. sewer, reclaimed water and water utilities, drainage facilities, street lights, traffic signals, signs, fire hydrants and transitions to existing improvements in the manner required by the City Engineer. All streets shall conform to the City's Street Design Standards Policy adopted by City Council Resolution No. 15349 unless otherwise conditioned or approved by the City Engineer. (Engineering 2. Construct or enter into an agreement to construct and secure the full street improvements or remaining street Improvements outlined in Table" A" below. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. LJ ~ ----", ---'---'-----"--"----- . : Resolution 19447 Page 7 TABLE A STREET IMPROVEMENTS >'CIUTY >.clum UMOT< AGR" TO CONURUCT AND GUARANTEE NO. STRm NAM' CONSTRUCTION BY t Clubhouse Hunte Parkway to Street" A" FIrst FInal Map DrIve Initial Phase 2 Clubhouse Street "A'" 10 easterly term",us wIth FIrst Final Map Drive Street '"B'" Initral Phase 3 Hunte Otay Lakes Road to Clubhouse First Final Map Parkway Drive Remainino Phase 4 Hunte Clubhouse Drive to Oak Sprrngs First Final Map Parkway Drrve Initial Phase 5 Hunte Oak Sprrngs Drrve to Olympic First Final Map Parkway Parkway Initial Phase 6 Olympic SR"125 to Hunte Parkway First Final Map Parkway Initial Phase 7 Olympic Hunte Parkwav to Wueste Road Under construction. Completion Parkway date Februarv 2001 8 Otay Lakes Hunte Parkway to easterly First Final Map Road subdivision boundary Remarnino Phase 9 Street"A'" Clubhouse Drrve to Street T' First Final Map Initral Phase 10 Street "A" Hunte Parkway to Street '"A'" First Fonal Map Initral Phase a. FACILITY NO" 1 Construct Clubhouse Drive to the designed full-width street improvements, as approved by the City Engineer, and include an 8-foot meandering decomposed granite walkway on the north side of the street and an 8-foot meandering concrete walkway on the south side of the street. The timing for completion of improvement construction shall be prior to the opening of the proposed Eastlake Trails elementary school site which is scheduled to open the first quarter of the Year 2000- IEngineering) b. FACILITY NO.2 Construct Clubhouse Drive to the designed full-width street improvements, as approved by the City Engineer, and include an 8-foot meandering decomposed granite walkway on the north side of the street and an 8-foot meandering concrete walkway on south side of the street. (Engineering) ."--- --- '-! .- c¡ , - T " -----~-----"-- ----"-- -----" Resolution 19447 Page 8 c. FACILITY NO.3 Construct the missing street improvements along Hunte Parkway from Otay Lakes Road to Clubhouse Drive. The missing street improvements shall include the necessary grading and construction required to provide for an 8-foot wide meandering concrete walkway on the eastern side of Hunte Parkway and any other street improvements determined to be necessary by the City Engineer. Any additional street right-of-way required to complete said improvements shall be granted to the City prior to approval of the Initial Phase first Final Map. (Engineering) d. FACILITY NO.4 Construct the missing street improvements along Hunte Parkway from Clubhouse Drive to Oak Springs Drive. The missing street improvements shall include the necessary grading and construction required to provide for an 8' wide meandering concrete walkway on the eastern side of Hunte Parkway and any other street improvements determined to be necessary by the City Engineer. Any additional street right-of-way required to complete said improvements shall be granted to the City prior to approval of the Initial Phase first final map. The timing for completion of improvement construction shall be prior to the opening of the Eastlake Trails elementary school site which is scheduled to open the first quarter of the Year 2000. (Engineering) e. FACILITY NO.5 Construct the full-width street improvements for Hunte Parkway from Oak Springs Drive to Olympic Parkway" Improvement plans for the subject portion of Hunte Parkway have been submitted and approved by the City. The City of Chula Vista drawing numbers corresponding to the street improvements are 90- 1030 through 90-1037 and 91-44 through 91-57. The bonds for material and labor and faithful performance for the two sets of drawings were posted by American Casualty Company of Reading, Pennsylvania, and the bond numbers corresponding to the two sets of drawings are 158541802 (July 23, 1998) and 158541783 (July 23,1998), respectively. (Engineering) f. FACILITY NO.6 Construction of Olympic Parkway from SR-125 to Hunte Parkway shall commence within twelve months of the completion of construction phase I, II, and III of Olympic Parkway, or by March 1.2002. whichever occurs later. The City may, upon written request by the Developer, use its power of eminent domain to acquire the right of way for Olympic Parkway outside the EastLake property ownership. The developer has entered into an agreement with the City, dated May 26, 1998. whereby the Developer agreed to construct the ultimate full-width street improvements for Olympic Parkway (East Orange Avenue) from Hunte Parkway to the westerly subdivision boundary of the EastLake Greens subdivision. Construction security for material and labor and faithful performance for said 4 --I -------- - --,--------- . "--" -------------_..-.--"" --- ,. Resolution 19447 Page 9 street improvements was posted by American Casualty Company of Reading, Pennsylvania on May 21. 1998. and the bond number issued to the securities is 158541752. An approved set of improvement plans for the subject ultimate street improvements does not currently exist. however. approval of such plans is anticipated in the near future- Due to the absence of approved plans. a contingency factor of 50% was added to the estimated cost of the subject street improvements and this contingency was accounted for in the posted bond amount. (Engineering) g. FACILITY NO.7 Olympic Parkway was initially designed, as an interim condition, to be a four- lane roadway from Hunte Parkway to Wueste Road. Construction security for material and labor and faithful performance for the four-lane improvements was posted by American Casualty Company of Reading. Pennsylvania on July 23. 1998, and a Construction Permit for the improvement work of the interim condition was issued on November 6, 1998. The City of Chula Vista drawing numbers corresponding to said securities and Construction Permit are 91-44 through 91-57 and the bond number issued to the securities is 158541783. Subsequent to the interim four-lane roadway design approval. but prior to commencement of any four-lane improvement work. a Construction Change was performed on the aforementioned drawings that resulted in the ultimate design of Olympic Parkway as a six-lane prime arterial. The additional costs associated with constructing the six-lane roadway was secured separately by the same surety company on February 4. 1999. The bond number corresponding to the material and labor and faithful performance of the additional improvement work is 158541878. It is anticipated that a Construction Permit for the six-lane Improvement work will be issued in the near future. Any right-of-way needed to construct this portion of Olympic Parkway shall be granted to the City on the first Final Map of the Initial Phase. The meandering decomposed granite walkway proposed along the frontage of the Eastlake Trails southern boundary (northern side of the Olympic Parkway centerline) shall be 10-feet wide. (Engineering) h. FACILITY NO.8 Construct Otay lakes Road as a full.width six lane prime arterial along the entire frontage of the Eastlake Trails northern subdivision boundary with transitions to the existing roadway easterl"y of the eastern subdivision boundary. All off-site and on-site right-of-way needed to construct the eastbound transition and the ultimate street improvements, respectively, shall be granted prior to approval of the Remaining Phase first Final Map. The schedule for construction of the above improvements shall be determined or approved by the City Engineer prior to approval of the aforementioned final map- ".---""--. If -/J r - . ---- Resolution 19447 Page 10 The proposed meandering sidewalk along the Eastlake Trails northern boundary (south side of Otay lakes Road) shall be concrete and 8-foot wide. The construction of the proposed sidewalk on the north side of Otay lakes Road (along the limits of the subdivision boundary) shall be deferred until development occurs along the north frontage of Otay lakes Road. !Engineering) i. FACILITY NO.9 Construct Street "A" to the designed full-width street improvements as approved by the City Engineer. The timing for completion of improvement construction shall be prior to the opening of the proposed Eastlake Trails elementary school site, which is scheduled to open the first quarter of the Year 2000. (Engineering) j. FACILITY NO.1 0 Construct Street "l" to the designed full-width street improvements as approved by the City Engineer. The timing for completion of improvement construction shall be prior to the opening of the proposed Eastlake Trails elementary school site, which is scheduled to open the first quarter of the Year 2000. (Engineering! 3. Provide traffic control devices, as required by the City Engineer, for the roundabout Street "MM." (Engineering) 4. Design all cul-de-sacs proposed to be a maximum of 150-feet in length to have a minimum curbline radius of 36-feet and a minimum right-of-way radius of 46-feet. The 5.50-foot Street Tree Planting and Maintenance Easement shall be granted throughout the cul-de-sac" (Engineering) 5. Design, to the satisfaction of the City Engineer, Street "GG," Court "D" and Court "E" to preclude on-street parking on one side. (EngJl¡eering) 6- Submit and obtain approval from the Director of Planning and Building and the City Engineer for all street names. No two intersections shall have the same street name and street name suffixes shall comply with City standards- (Engineering, Planning) 7. Provide, to the satisfaction of the City Engineer and Fire Chief, adequate pedestrianlvehicular street improvements for access to the school site prior to the opening of the Eastlake Trails elementary school, which is scheduled to open the first quarter of the Year 2000. The improvements shall include, but not be limited to, the following: a. All signs and markings related to the proposed elementary school. b. Pedestrian crossings across Hunte Parkway at King Creek Way, Oak Springs Drive and Clubhouse Drive. c. Concrete sidewalks along entire perimeter of the elementary school site. 4-/2- ----¡- . ¡ ------ "------"----- Resolution 19447 Page 11 d. Paved roadways along the entire perimeter of the proposed elementary school site to allow for two-way traffic and comply with the Fire and Police Department requirements. (Engineering) 8. Obtain approval from the City Engineer for street light locations. (Engineering) 9. Construct sidewalk widths and pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act" (ADA) and City standards. (Engineering 10. Obtain approval from the City Engineer for the design and construction of raised medians on Otay Lakes Road. Clubhouse Drive, King Creek Way and Oak Springs Drive in conjunction with improvement plans for each of these streets. (Engineering) 11. Provide a letter from the Otay Water District indicating that the subdivision will be provided with adequate water service and long term water storage facilities. (Engineering, Planning) 12. Design and construct all street intersections that are at or near horizontal and vertical curves to meet the sight distance requirements prescribed in the City standards. IEngineering) 13. Provide minimum 5-foot wide bicycle lanes on the following streets: a. Oak Springs Drive - from Hunte Parkway to Street "A." b. King Creek Way - from Hunte Parkway to Street "88" I Street "CC." c. Clubhouse Drive - from Hunte Parkway to easterly terminus at Street "8." (Engineering) 14. Acquire and then grant to the City all off-site rights-of-way necessary for the installation of required street improvements for the affected phase prior to approval of the corresponding Final Map. IEngineering) 15- Notify the City at least sixty days prior to City Council consideration of the affected Final Map, if off-site right-of-way cannot be obtained as required above (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification and prior to the approval of the affected Final Map, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Tentative Map conditions of approval. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. The amount of the deposit is subject to the approval of the City Engineer. c. Prepare and submit all easement andlor right-of-way documents, plats and appraisals necessary to commence condemnation proceedings. ----- --"--- -8 r I I Resolution 19447 Page 12 It the developer so requests, the City may use its power at eminent domain to acquire right-at-way, easements or licenses needed tor off-site improvements or work related to the tentative map. The developer shall pay all costs, both direct and indirect incurred in said acquisition. It the City does not acquire or commence proceedings for immediate possession of the property within the 120-day time limitation specified in Section 66462.5 of the State Subdivision Map Act. the condition to construct the related off-site improvements, which fall under the purview of the above mentioned Section of the Subdivision Map Act, is waived. (Engineering) 16. Construct a temporary turnaround or street improvements, as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150-feet. in length (as measured from the nearest centerline intersection). (Engineering) 17. Provide an interim eastbound deceleration lane along Otay Lakes Road for the entrance to park site (P-3J concurrent with the completion ot P-3 if the ultimate south half street improvements for Otay Lakes Road are not completed at that time. (Engineering, Planning) 18. Provide interim traffic control devices, as required by the City Engineer, to detour pedestrian traffic to the nearest street crossing if a signalized pedestrian crossing is not available when the greenbelt trail is completed and connected to Otay Lakes Road and Olympic Parkway. (Engineering, Planning) 19. Design and construct, to the satisfaction of the City Engineer, the existing street center lines, travel lanes, striping and curb lines at North Greensview Drive, South Greensview Drive and Clubhouse Drive within Eastlake Greens to align with King Creek Way, Oak Springs Drive and the extension of Clubhouse Drive within the Eastlake Trails subdivision, respectively. (Engineeringl 20. Design and construct the lane reduction transitions along Clubhouse Drive, King Creek Way and Oak Springs Drive within Eastlake Trails to the satisfaction of the City Engineer. (Engineering) 21. Install, to the satisfaction of the City Engineer, street lights on traffic signal poles at the intersections of Hunte Parkway with Clubhouse Drive, King Creek Way and Oak Springs Drive. If traffic signals are not required at these intersections, install standard street lighting fixtures. (Engineering) 22. Design and construct underground traffic signal equipment and traffic signal standards at the locations determined by the City Engineer. (Engineering) GRADING AND DRAINAGE 23. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures. pipes and inlets.JEngineering) 4--14 --"---- , . ì ------- .. -----.----- .--- ,. Resolution 19447 Page 13 24. Accomplish storm drain design on the basis of the requirements of the Subdivision Manual and the Grading Ordinance ( #1797 as amended), (Engineering) 25. Provide graded access to all storm drain clean outs or as otherwise approved by the City Engineer. (Engineering) 26. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. !Engineering) 27. Designate on the plans as private, to the point of connection with the public system, all storm drain systems that collect water from private property. (Engineering) 28. Design and construct storm drain cleanouts to not be located on slopes or in inaccessible areas for maintenance equipment. (Engineering) 29. Designate as private and maintain by a Home Owner's Association the storm drain between lots 117 and 118 in neighborhood TN-3. Include in the CC&R's conditions and restrictions to assure proper maintenance. (Engineering) 30. Design and construct all public storm drains as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 31. Designate as private and maintain by a Home Owner's Association all storm drain clean outs carrying private property water and determined by the City to be in areas inaccessible for maintenance equipment. Include in the CC&R's conditions and restrictions to assure proper maintenance. (Engineering) 32. Design and construct brow ditches to not flow over a slope greater than ten-feet in height and steeper than a 3: 1. Drainage shall be collected in an inlet and carried to the bottom of the slope in an underground storm drain. (Engineering) 33. Provide runoff detention facilities or demonstrate the adequacy of existing detention facilities, to be approved by the City Engineer, to assure that the maximum allowable discharges after development do not exceed pre-development discharges. The developer also needs to provide for the future maintenance of the facilities via the landscaping maintenance district. (Engineering! 34. Design and construct local stonn drain system to prevent discharge into the proposed private park lake (lot P-2). (Engineering) 35. Provide energy dissipators at all storm drain outlets as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 36. Request, if necessary. that the Federal Emergency Management Agency (FEMA) revise the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for the area influenced by the Eastlake Trails project. A revision may be warranted for the project area due to improvements to Salt Creek and the possibility of proposed residential units for the project currently being shown within a flood zone. !Engineering) ._. '-' . ~_.". ""--- "--_. _..._. ___n_- Lf-15 -- -...---- ----.- .- "--- ,. Resolution 19447 Page 14 37. Design and construct the improved access extending easterly from lot P-2 to the easterly subdivision boundary so that access is not impeded for pedestrians and vehicles due to upstream runoff. Potential solutions may include a bridge over the creek or an adequately sized drainage pipe under the improved access or any other solution satisfactory to the City Engineer. (Engineering) 38. Submit to and obtain approval from the City Engineer and Director of Planning and Building for an erosion and sedimentation control plan as part of grading plans. (Engineering, Planningl 39. Submit a detailed mitigation plan. prior to issuance of grading permits, for the creation and enhancement of riparian vegetation within the Salt Creek Corridor. The plan will be subject to approval by the Director of Planning and Building. The mitigation plan shall include components addressing performance standards, maintenance requirements (e.g. pest control, weeding, and plant replacement), monitoring and report preparation. The wetland mitigation area shall be maintained in accordance with the Wetland Mitigation Plan. (Planning/Environmental) 40. Provide a minimum of three-feet of flat ground access area from the face of any wall to the beginning of the slope rounding for wall maintenance, unless as otherwise approved by the City Engineer. (Engineering) 41. Locate lot lines at the top of slopes except as approved by the City Engineer. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property.~!Engineering, Planning) 42. Design and construct all grading and pad elevations to be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. (Engineering, Planning) 43. Obtain notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. (Engineering) 44. Submit a list of proposed lots, prior to approval of the corresponding Final Map, indicating whether the structure will be located on fill. cut, or a transition between the two situations prior to approval of the first Final Map. (Engineering) 45. Design and construct the inclination of each cut or fill surface resulting in a slope to not be steeper than 2: 1 ( two horizontal to one vertical) except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5: 1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property; and - -..... If -I b ..--. "--- Resolution 19447 Page 15 b. The installation of an approved special slope planting program and irrigation system: and c. A "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway. (Engineering! 46. Enter into an agreement with the City wherein the City is held harmless from any liability from erosion, siltation or increase in flow of drainage resulting from this project. (Engineering, Planning! SEWER 47. Design all sewer access points (manholes) to be located at street centerline or at the center of a travel lane or as otherwise approved by the City Engineer. (Engineering) 48. Provide a sewer profile study for all deep "Local" and "Trunk" sewer lines (15-feet in depth or greater) which indicates that no other feasible alternative exists except for deep sewer lines. If the profile study is approved by the City Engineer, the deep sewer lines will be permitted for construction. (Engineering) 49. Install parallel sewer lines for sewer lines greater than 1 5-feet in depth if lateral lines are to be connected to these lines unless otherwise a pproved by the City Engineer. For sewer lines greater than 20-feet in depth. C900 P.V"C- shall be used from manhole to manhole. (Engineering! 50. Submit a letter of credit, prior to recordation of the subdivision Final Map for said lot. for all sanitary sewer facilities required for development of any lot subject to Telegraph Canyon Sewer Pumped Flows DIF. (Engineering) 51. Pay in full, prior to recordation of the subdivision Final Map for said lot. all sanitary sewer facilities required for development of any lot subject to Salt Creek Sewer Basin DIF. (Engineering) 52. Provide improved access to all sewer manholes to withstand H-20 wheel load or other loading as approved by the City Engineer. (Engineering I 53. Design and construct sewer access points to not be located on slopes or in inaccessible areas for maintenance equipment. iEngineeflng) 54. Provide sewer manholes at all changes of alignment of grade. Sewers serving ten or less equivalent dwelling units shall have a minimum grade of 1 percent. (Engineering) 55. Design and construct all sewers ending in a cul-de-sac with a manhole placed at the center of the cul-de-sac. unless otherwise approved by the City Engineer. (Engineering) 56. Provide for the costs associated with the maintenance and the potential upgrading of the sewer pump station located at 2660 Otay lakes Road in accordance with the agreement between the City. Pacific Bay Homes and The Eastlake Company. dated January 20. 1998. (Engineering) t.j-t7 --- T" .-----..-" -----."" --------_.- - -- ---.------------ - " Resolution 19447 Page 16 AGREEMENTS 57. Agree that the City may withhold building permits for the subject subdivision if anyone of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan. as amended from time to time, have been reached. b- Traffic volumes. levels of service, public utilities andlor services exceed the adopted City threshold standards in the then effective Growth Management Ordinance and Growth Management Program c. The required public facilities, as Identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the Director of Planning and Building and Director of Public Works. (Engineering, Planning) 58. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers. or employees. to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers. or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense" (Engineering, Planningi 59. Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the francllise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been. or may from time to time be issued by the City of Chula Vista. (Engineering, Planningl 60. Developer agrees to not protest formation of a district for the maintenance of the drainage channel in Salt Creek or for the maintenance of landscaped medians, open space. and parkways along streets within and adjacent to the subdivision. (Engineering, Planning) 61- Agree to reserve lot S-l (school site) for school purposes to be offered for dedication in fee to the Chula Vista Elementary School District. in accordance with a schedule as indicated in a Mello Roos community purpose facility district, as approved by the school district, which shall be established to the satisfaction of the District. (Planning) 62. Agree to provide noise study prior to issuance of the Initial Phase first building permit to identify noise impacts generated by surrounding streets and determine the necessary mitigation measures to insure that all dwelling units will be design and constructed to ------ ----------- - . - --- "---""---------- --"--- Resolution 19447 Page 17 preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA. The developer shall implement all mitigation measures recommended in the noise study to reduce noise impacts. (Planning) 63. Agree to participate in a regional or sub-regional multi-species coastal sage scrub conservation plan prior to approval of the Initial Phase first Final Map. (Planning) 64. Enter into an agreement with the City to provide affordable housing units as specified in the adopted Eastlake Comprehensive Affordable Housing Program prior to approval of the first Final Map. (Community Development) OPEN SPACEIASSESSMENTS 65. Grant Irrevocable Offers of Dedication (100) on the Final Map for Open Space lots within the subdivision. (Engineering) 66. Either a Home Owner's Association (HOA) or a Community Facilities District shall maintain street medians and environmental open space lots. if the formation of a Community Facilities District ICFD) is selected for the maintenance of street medians andl or environmental open space lots <OS-1), Developer shall request that the City form a Community Facilities District, prior to approval of the first Final Map of the Initial phase, and submit an application packet for the formation of said The Packet shall include, but is not limited to, associated diagrams, cost estimate, description of work and a deposit in the amount determined by the City Engineer at the time of submittal for processing the formation of the Community Facilities District. If the HOA is formed to provide maintenance to the environmental lot OS-1 and other lots, structure the HOA maintenance program. including maintenance crew qualifications and other contractual arrangements to the satisfaction of the Director of Planning and Building. (Engineering, Planning) 67. Pay for all costs associated with the preparation of an Engineer's Report and establishment of a Community Facilities District I Open Space Maintenance District for the maintenance of all open spaces which will not be maintained by private property owners or a Home Owner's Association. (Engineering, Planning) 68. Provide a plan for the City's approval that includes the acreage, landscaping code for each open space area, the proposed means of maintaining the area and the cost per year for the perpetual maintenance of maintaining improvements within CFD maintained open space lots. (Engineering, Planning) 69. Conform to the design elements of the City's Landscape Manual for all landscaping which falls within the maintenance responsibility of the Community Facilities District. (Engineering, Planning) 70. Establish a Home Owner's Association (HOA) to provide for the perpetual maintenance of, but not limited to, private open space lots, slope areas, landscape and irrigation, including perimeter wall within open space lots, public street improvements and medians and parkways on Clubhouse Drive, King Creek Way and Oak Springs Drive prior to the approval of the associated Final Map. (Engineering, Planning) T -"-"---".- -----_.----- . T -------------"----- ------ Resolution 19447 Page 18 71. Maintain all decomposed granite (D.G.) walkways by a Home Owner's Association or CFD. All proposed decomposed granite (D.G.) walkways including, but not limited to, the walkways proposed along the north side of Clubhouse Drive and north of Olympic Parkway, shall not have vertical obstacles and obstructions such as public utility vaults, boxes, etc. constructed within them. (Engineering, Planning) 72. Provide proof to the satisfaction of the City Engineer and Director of Planning and Building that all improvements located on open space lots will be incorporated into and maintained by a Home Owner's Association or a CFD. The final determination of which open space areas/improvements to be included in the Community Facilities District and those to be maintained by a Home Owner's Association shall be made during the CFD formation proceedings. (Engineering, Planning) 73" Enter into a maintenance agreement and grant easements as necessary for landscaping maintained by a Home Owner's Association within City right-of-way or such other areas required by the City. (Engineering, Planning) 74" Avoid installation of privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the Installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig Alert Service" 3. Mark out any private facilities owned by the developer whenever work is performed in the area. 4. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. !Engineering, Planning) 75. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary prior to approval of the each Final Map. Submit an apportionment form and provide a deposit as determined by and to the City to cover costs. !Engineering) 76. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the Transportation DIF Fund, and that these additional fees are reflected in the purchase price of the home for those units, should the development have a density change from that indicated in the Assessment District Engineer's Report" (Engineering) Lf -"- -_.._~---" . - Resolution 19447 Page 19 77. Submit all Special Tax and Assessment disclosure forms for each model size or EDU for the approval of the City Engineer. {Engineering! 78. Comply with the terms and conditions of the Acquisition!Financing Agreement for Assessment District 94-1 , CO 94-064, approved by Council Resolution 17483 as said terms and conditions may be applicable to this development. (Engineering! 79. Design and construct all of the utilities that service open space within the limits of the open space or dedicated City right-of-way. {Engineering!. 80. Agree that walls which are located within open space shall have owners of adjoining lots sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. These restrictions shall be reflected in the project CC&R's, and a copy of said restrictions shall be provided to the City for its approval. {Engineering, Planning! 81. Prior to the issuance of the 50th building permit for the Project, enter into the City's standard three party Agreement with the City of Chula Vista and a landscape architecture consulting firm for the preparation and processing of the Project's Community Park Master Plan (P-1 & P-3.). (Planning! 82. Prior to the issuance of the 350th building permit for the Project. prepare, submit and obtain the approval from the Director of Planning and Building for the Project's Community Park Master Plan IP-1 and P-3.) The Community Park Master Plan shall include facilities and amenities prescribed In the forthcoming City-wide Parks Master Plan as adopted by City Council. in the event that the forthcoming City-wide Parks Master Plan is not adopted before the community park design begins. the Director of Planning and Building shall determine the appropriate park facilities for the community park. (Planning) 83. Design, construct and dedicate park facilities as prescribed in the following park development phasing program: a. Obtain the necessary City approvals and complete park master plan construction documents prior to approval of the 600th building permit b. Select contractors, as approved by the Director of Planning and Building, and begin grading and construction of the community park, including all facilities and amenities, prior to the issuance of the 650th building permit. c. All improvements to the community park, as defined by the Approved construction documents. shall be completed to the satisfaction and approval of the Director of Planning and Building prior to the issuance of the 780th building permit. d. Provide maintenance of the completed community park for a period of one-year from the completion of the park to acceptance of the facility by the City. 4- --- -~-- r . T -------"--"-------- Resolution 19447 Page 20 e. Final alignment. design (including signs). width and construction specifications for the greenbelt trail along the east edge of the Salt Creek open space corridor shall be approved by the Planning and Building Director in conjunction with and subject to the development phasing of the overall community park design. f. The Director of Planning and Building may. at his discretion, delay the park development phasing and construction sequence should conditions change to warrant such delay. If. in the opinion of the City, delay is caused by the City, the Developer may be allowed to delay construction of the park. (Planning! 84. Prior to approval of the first Final Map of the Initial phase, prepare, submit and obtain approval from the Design Review Committee for the private park (P-2) design and complete construction prior to issuance of the 150th building permit. (Planning/Parks) 85. Prepare, submit and obtain the approval of the Director of Planning and Building for a comprehensive Landscape Master Plan for the Project. (Planning/Parks! 86. Prepare. submit and obtain approval by the Director of Planning and Building for detailed landscape and irrigation plans, including water management guidelines in accordance with the Chula Vista Landscape Manual and Section 11.4, Design Guidelines, of the Eastlake Trails SPA for the associated landscaped areas in each Final Map prior to the approval of each Final Map. If Poplus species trees are incorporated in the Eastlake Trails Landscape theme, appropriate installation methods acceptable to the Director of Planning and Building shall be prescribed in the landscape improvement plans" (Planning/Parks! 87. Construct pedestrian walkway connections between streets to the satisfaction of the Director of Planning and Building at the following locations: a. From the cul-de-sac ends on Streets "GG" and "HH" through open space lot C to Clubhouse drive- b. From the cul-de-sac ends on Streets "K" and "J" through open space lot F to Clubhouse drive. c. From street "MM" through open space lot E to Street "LL." Approval shall be documented prior to the approval of the corresponding Final Maps. (Planning) 88- Include in the Grading plans for the Project's Community Park an inventory of all existing trees to be retained and those to be removed prior to issuance of grading permits involving the community park site. Final decision as to which trees are to be retained and which are to be removed shall be made by the Director of Planning and Building, and in conjunction with the Community Park Master Plan. {Planning! 89- Relocate at Developer's own expense, the necessary above and underground utilities serving individual homes to accommodate the required street trees within the street tree planting easement if determll1ed necessary by the City. (Planning) 4 - ---- - í . ¡ "--------------- Resolution 19447 Page 21 90. Pay the land acquisition portion of the PAD fee for the Initial Phase of the Eastlake Trails subdivision, which consists of 626 dwelling units, prior to the recordation of the first final map for the Initial Phase (approximately $1,315,530). Developer also shall pay the Eastlake III Development Agreement advance PAD fee of $1, 522,000 (Adjusted by ENR index from the effective day of the Agreement to the time of payment) prior to the recordation of the first final map for the Initial Phase. The land acquisition portion of the PAD fee ($1,315,530) shall be decreased so that the sum of the park land acquisition portion of the PAD fee and the advance PAD fee stipulated in the above mentioned Eastlake III Development Agreement. does not exceed the total PAD fees required for the number of units in the Initial Phase. However, the applicant may elect to make an irrevocable offer to dedicate the community park parcels P-l and P-3 as depicted in the tentative map, Chula Vista Tract 99-03, in lieu of the above park land acquisition fee stipulated above. (Planning). EASEMENTS 91. Grant on the corresponding Final Map minimum 1 5-foot wide easements to the City of Chula Vista, as required by the City Engineer, for construction and maintenance of sewer facilities. (Engineering) 92. Grant on the corresponding Final Map minimum 1 5-foot wide easements to the City of Chula Vista, as required by the City Engineer, for construction and maintenance of storm drain facilities. (Engineering) 93. Grant on the corresponding Final Map 10-foot wide general utility easements, as required by the City Engineer. along street right-of-way adjacent to open space lots. (Engineering) 94. Grant easements for all off-site public storm drains and sewer facilities prior to approval of any Final Map requiring those facilities. The easements shall be the size as required by City standards unless otherwise approved. (Engineering) 95. Grant 20-foot landscape buffer easements adjacent to Otay Lakes Road and Olympic Parkway- (Engineering) 96. Grant to the City on the corresponding Final Map easements along all public streets within the subdivision as shown on the tentative map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. (Engineering, Planning) 97. Dedicate for public use all the streets shown on the subject tentative map within the subdivision boundary, except private streets. IEngineering) 98. Grant to the City a drainage and access easement. as determined by the City Engineer, across the proposed private access that connects lot P-2 (Private Park) to the easterly subdivision boundary. (Engineering) 4 - --- -.-.- -,.-------"----'----" . ¡ ------- --- Resolution 19447 Page 22 MISCELLANEOUS 99, A summary of City responses to each of applicants waiver requests from City standards is contained within the following Table I, which includes the "Approved" or "Not Approved" status of each waiver. The summary descriptions for each waiver within Table I are brief and the approved Tentative Map should be consulted for more complete descriptions of the waiver requests. TABLE I: TENTATIVE MAP WAIVERS - WAIVER BRIEF DESCRIPTION STATUS COMMENTS NO. 1 Decrease mlfmnum ceolerlme rad,us no Street "MM" from ' Approved None 200' to 126'. 2 Construct a 2% superelevatioo 00 St"",t "MM" with a 45' . Approved None width R,O.W". a 28' curb to curb width aod deS<90 as ooe- way, 3 Decrease the minimum R.O"W" width "0 Street "GG" aod On-street parking will Courts "0" and 'T' lrom 56' to 52' onlv be ellowed on one . Approved side of the street to be determined bV the City Enolneer. 4 Decrease the monlfnult1 curbllf'e raellus Imm 40' to 36' lor . Approved None cul-de.sacs t 50' in leocth ur less. 5a Increase the requrred 5S wide "Laodscape Easement" 00 Approved None Clubhouse Drive to 22' If' width 5b Delete 5S "Landscape Easement" lur Street "8" from Approved None approxlmatelv Street "CC" to Street" Goo 00 the side adjaceot to P-l aod 1m Strel't "88" 10'1" appOJxlfoatdy Street "CC"' to Street "G" 00 the s,,1t: adjaceot to P.l 5c Increase "Landscape Easement" inclination from 5:1 to 2:1 Approved None for the following corner lots which have adjacent streets lower than the pads: TS2. Lots 6. 45; TS3 - Lnts 7. 9, 41.44,53.75,76.97.107.121.130.146,153.154; TS4 - Luts 35. 49: TS5 Lots 1.7.8. 14,22.23.30.37. 38, 69, 70, 89. 90, 96; TS6 - Lots 6, 47. 71 TN3 - Lots 21, 29, 55. 56. 58. 80, 93. 101, 113 6 Less than Standard 35' Lot Frontage for: TS-5:Lotsl,7. Approved None 8.14.15" 23, 37. 38" 52, 62, 64. 65. 70.77.80.81,82. 89, 90, 96, 97 and 103; TS-6: Lots 6, 10 and 11. 7a "Local" sewer exceeds 12' in depth" Not Mav be epproved bV Approved Cltv Engineer et the time that improvement plans are submitted for annrovel 7b "Trunk" sewer exceeds 20' 111 depth" Approved C900 P.v.C. will be used hom menhole to manhole. 8a Replace standard 8' "",anelo"n" """"",'e sidewalk on Otav Not Non. Lakes Road to a 10' nH,",,(h""'cl DG_y",lkwdY Annroved - ------- --.---------"--- I i I -"-.- - ----"--_._--"- --- Resolution 19447 Page 23 Sb S' meandering D.G. walkways on N" side of Clubhouse Dr. Approved Non. and E. side of "S" I "88" Streets and 10' meandering D.G" Walkway on N. Side at Olympic Parkway. 9 Medians on Clubhouse Dr". Kmg Creek Way and Oak Approved Non. Sprinos Dr. 10 Street intersections within hofllontal Cllrves or within 100' . Approved No,," tangents of horizontal curves" 11 Sewer Laterals Deeper Than 15' ill Depth. Not May b. approvod by Approved City Engin..r " th. tim. that imp<ovamant plans ara submlttad for approval 12 Slope Rounding and 8ench Per Detail on Tentative Map and Approved Non. 3' 8ench with No Slope Rollndlng or Slopes North nf Oak Sprinos Dr" and North of Olympic Perkway" 13 Maximum height from top of wood fence to top 01 wall Approved Non. footing is 8.5" if on property line" If greater tl>an S.5". a 4' separation between wood fence and wallis requrred" The following lots are exceptions: TS2-1 O. TS3" 121. TS6-5 and 46. . The City's approval of the waiver request is contingent upon submittal of a letter from applicants Engineer-of-Work explaining that. in their professional opinion, no public safety issues will be compromised. {Engineering, Planning} 100. Submit "as-built" improvement and grading plans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.X.F. file format. (Engineering) 101. Submit a copy of each subdivision in a digital D"X.F. file format prior to approval of its associated Final Map or as requested by the City Engineer. The digital file shall be based on accurate coordinate geometry calculations and the NAD 83 State Plane Coordinate System. The digital file shall specifically include each of the following items in a separate drawing layer: a. Lot Boundaries, b. Lot Numbers, c. Subdivision Boundary. d. Right-of-Way, e. Street Centerlines. and f. Approved Street Names. Submit the digital file in accordance with City Guidelines for Digital Submittal on 3 y," disks or as otherwise approved by the City Engineer. In addition, submit as-built grading and improvement plims in a digital D.X.F" file format. Provide security to guarantee the ultimate submittal of grading and improvement digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. (Engineering) ----.-"..-- r . ¡ -~-_..._------- -."- Resolution 19447 Page 24 102. Amend the Eastlake Trails Public Facilities Financing Plan (PFFP) prior to approval of the first final map of the Remaining phase to reflect the revised construction schedule for all off-site street improvements. Including among other necessary revisions, but not limited to, the segment of Olympic Parkway from SR-125 to Hunte Parkway. (Planning) 103. Tie the boundary of the subdivision to the California System - Zone VI (1983). (Engineering) 104. Include in the H_O.A- CC&R's that the maintenance of all public facilities and improvements within open space areas and R.O.W. are managed by Home Owner's Association if. in fact. the H.O.A. has such responsibility. Submit to and gain approval of said CC&R's by the Director of Planning prior to approval of the associated Final Map. (Planning) 105. Include in the Declaration of Covenants, conditions and restricting provisions assuring maintenance of private facilities including the private streets, sewer and drainage systems the maintenance of all public facilities and improvements within open space areas and R_O-W- Name the City of Chula Vista as party to said Declarations authorizing the City to enforce the terms and conditions in the Declarations in the same manner as any owner within the subdivision. (Engineering, Planning) 106. Future property owners shall be notified during escrow by a document to be initialized by the owners, and approved by the City Engineer and Director of Planning and Building of the maintenance responsibility of the H"O.A. and their estimated annual cost. (Engineering, Planning) 107. Submit and obtain approval by the Director of Planning and Building and City Engineer the Proposed CC&R's for the subdivision prior to approval of the corresponding Final Map. (Engineenng, Planning) 108. Modify the Eastlake Trails Water Conservation Plan to incorporate all new water conservation policies adopted by the City Council. Comply and remain in compliance with said policies- (Planning! 109. The installation of transit facilities along Hunte Parkway shall be concurrent with transit service availability. Since this may not coincide with project development, the Developer shall deposit cash in the amount of eight thousand Dollars per shelter (3 shelters) required by the City's Transit Coordinator. Exact location, bus shelter design, lighting, etc. shall be reviewed and approved by the Director of Public Works prior to bus shelter installation. IEnglneering/Transit Coordinatorl 110. Prior to approval of the first Final Map in the Eastlake Trails, submit the necessary Planning application to incorporate the East/ake Comprehensive Affordable Housing Program and Eastlake Community Purpose Facilities Master Plan, as adopted by City Council Resolution 19275 in the Eastlake III General Development Plan and SPA. (Planning) -"-- ---- , - " Resolution 19447 Page 25 111. The Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned, have not been completed or constructed to satisfaction of the Director of Planning and Building and City Engineer. The property owner may propose changes in the timing and sequencing of the development and the construction of improvements affected. In such cases, the PFFP may be amended as approved by the Director of Planning and Building. (Engineering, Planning) 112. Provide the City with a copy of the disclosure to homeowners of cost associated with Mello-Roos assessment and open space districts as require by Ordinance 2275, prior to approval of the first Final Map. (Planning) 113. Submit and obtain Design Review approval for neighborhoods TS-4, TS-5, and TS-6 prior to approval of the Final Map containing these neighborhoods. The following minimum lot dimension and lot area are established for these neighborhoods. Minor deviations may be made during the Design Review process provided the minimum standards are maintained as an average: rS.4 TS-5 TS.6 Min. lot width: 50 It 45 ft" 50 ft. Min" lot depth: 90 It. 90 It 55 It" Min" lot area 4.500 sq" ft. 3,150 sq. It. 2,750 sq" ft. Cul-de.sac lot 35 It 35 It. N/A width (Planning) 114. Contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The developer shall cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or sixty days after completion of all punch list items, whichever is shorter. The developer shall also provide the City Conservation Coordinator with a copy of the memo requesting street sweeping service. The memo shall include a map of areas to be swept and the date the sweeping will begin. IEngl"eerÙ1glConservation Coordinator) 115. Provide the Initial Cycle of fire management) brush clearance within lots adjacent to natural open space areas subject to approval by the Fire Marshal and Director of Planning and Building. (Fire! 116. Install fire hydrants every 500-feet for single family residential units and every 300 ft. for multi-family residential units. Install and make operable the hydrants and 20-foot fire access roads prior to delivery of combustible building materials. (Fire) - "----" ---------- "--- _._-- Resolution 19447 Page 26 117. Submit to the Planning and Building, and Engineering Departments service availability letter from the Otay Water District prior to approval of each Final Map. (Planning, Engineering) 118. Install potable and recycled water infrastructure improvements as prescribed in the Eastlake Trails Sub- area Water Master Plan prepared by John Powell and Associates, September, 1998, including but not limited to the following improvements: a. Provide a letter from OWD confirming that upon completion of the potable and recycled water infrastructure facilities. the Developer shall dedicate the improvements to the Otay Water District. b. Extend the existing potable and recycled water mains in Hunte Parkway south to Olympic Parkway. and construct mains in Olympic Parkway from Hunte parkway to the Olympic Training Center - c- Remove the temporary 12" pipeline that crosses the Eastlake Trails project after the water lines prescribed in the Sub-area Water Master Plan are installed. (Engineering) 119. Prepare and obtain approval by the Director of Planning and Building for a detailed mitigation plan for the creation and enhancement of riparian vegetation within the Salt Creek Corridor. The mitigation plan shall include components addressing performance standards, maintenance requirements le.g. pest control, weeding and plant replacement} , monitoring and report preparation, perimeter fencing, signage and a sales disclosure document advising home buyers that OS-1 is a protected environmental preserve lot. (Planning! 120- Obtain State Department of Fish & Game 11603 Stream bed Alteration Agreement) and Federal (Section 404 Clean Water Act! permits prior to approval of grading permit for the Initial Phase. (PlanmngIEnvironmental) CODE REQUIREMENTS 121. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. (Engineering, Planmng) 122. Underground all utilities within the subdivision in accordance with Municipal Code requirements. (Engineering) 123. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: ----~- i . I "--_.-._--"--- "----- "-- --"-.-" '0 Resolution 19447 Page 27 Prior to issuance of the first building permit: The Transportation and Public Facilities Development Impact Fees. a. Signal Participation Fees. C. All applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e. Telegraph Canyon Pump Sewer Fee. f. Salt Creek Sewer Basin Fee. (Planning, Parks & Engineering) 124. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstration said compliance as required by the City Engineer. {Engineering, Planning} 125. Design all dwelling units to preclude interior noise levels over 45 dBA and shield all exterior private open space to limit noise exposure to 65 dBA. (Planning) 126. Comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S, regulations or requirements. Further, the applicant shall file notice of intent with the State Water Resources Control Board to obtain coverage under the N"P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution contro! measures and shall identify funding mechanisms for post construction control measures. (Engineering) IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur. or if they are, by their terms, to be implemented and maintained over time. if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits. deny. revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation, No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. Lf ----" . ,--. - . "'_H '-"-'- Resolution 19447 Page 28 X. INVALIDITY: AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. It is in the public's interest for City to require Eastlake to indemnify the city against the adverse risks and costs of a challenge to City's actions in preparing and approving an addendum to EIR 97-04 and approving the Tentative Subdivision Map for Eastlake Trails. Chula Vista Tract 99-03 and related discretionary approvals, if any; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an Agreement for Indemnification and Covenants for Actions Taken by City related to Eastlake Trails, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City. Presented by Approved as to form by ..:? / 1// k/l /fv///( í#- / c¿'/ /--~~/(' Robert A. Leiter Planning and Building Director / ,/ 1.-1-30 ---.-.-¡-..---- . 1 -~"- ------ Resolution 19447 Page 29 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4" day of May, 1999. by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton NAYS, Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None .Æ~~ MJi/Þt~ Shirley Hor n, Mayor ATTEST: --==- =:- -7Lu. tLl 8 ð' ~ Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19447 was duly passed. approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4'" day of May. 1999. Executed this 4th day of May. 1999. ~ LU tu. 1-3 <{ J-c>.-J Susan Bigelow. City Clerk '::5/ ----.- í . T -- Attachment #2 Eastlake Trails TN.? -TN-7 N W*E S -- - - - .-- - - ---- - Reco~ding Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or \ received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 2001, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and SHEA HOMES LIMITED PARTNERSHIP, a California Limited Partnership, 10721 Treena Street, Suite 200, San Diego, CA 92131, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SYCA.f.10RE RIDGE II, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code rela::ing to the filing, approval and recordation of subdivision map; and WHEREAS, ::he Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider mustC have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter -1- 0 If -33 into an agreement with Ci!:y, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 19447, approved on the 4th day of May, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 01098-01 through 01098-10 inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of FIVE HUNDRED SIXTY THOUSAND EIGHT HUNDRED TWENTY-NINE DOLLARS AND NO CENTS ($560,829.00); and WHEREAS, the Parties hereby do, acknowledge and agree that this agreement does not supercede the subdivision improvement agreement recorded April 6, 2001 as Instrument No. 2001-210175 of San Diego County Recorder's official records which remains in full force and effect. NOW, THEREFORE, IT IS MUTUÞ.LL Y UNDERSTOOD Al\J u AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without -2- If -31 cos:: reo Cltcy, In a 90od and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land developmenë work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ( "Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs ÌÍ permanent street name signs have not been installed. 3. It lS expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of ëhe Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings Or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the porreion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of rehe City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient -3- 0 '-f -35 surecy, whose sufficiency has been approved by the City in the sum of TWO HUNDRED EIGHTY THOUSAND FOUR HUNDRED FIFTEEN DOLLARS AND NO CENTS ($280,415.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO HUNDRED EIGHTY THOUSAND FOUR HUNDRED FIFTEEN DOLLARS AND NO CENTS ($280,415.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to c:he c:erms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (incl uding a reasonable allocation of overhead), and any proceeds from the improvement security. 9. It is also expressly agreed and understood by the parcies hereco that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of c:ne costs and expenses of the work aforesaid, nor shall.any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement securi ty in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. -4- 0 t¡~3' 10. It is further understood and agreed by Subdivider that any engineeriDg costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 11. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements ror a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 12. It is understood and agreed that City, as indemnitee, or any officer or employee thereor, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnirication and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking or property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and -5- L-f -37 0 maiEtenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 13. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 14. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City 's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 15. All recitals set forth above and all exhibits attached hereto are hereby incorporated by reference. -6- 0 Lf~3g SIGNATURE PAGE SUBDIVISION IMPROVEMENT AGREEMENT SYCAMORE RIDGE II IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SHEA HOMES LIMITED PARTNERSHIP, a California Limited Partnership, By: J .F.Shea Company In ., a Neva~corportion, General Partner U ~/t/ ~ ~~~~~ of 'he my of Chule ~'i.ve"De. ""sC.'~De'"", ATTEST p~u ' L. L. Barnes, Asst. Secretary City Clerk Approved as to form by ~llLt~ City' 0 ney (Attach Notary Acknowledgment) -7- r; If -39 ,-' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ""- ------ --- c c c""" , , , State of California County of ~n íJ\~O On f\r,lYIY\D.h, r ~ , ~ 0", I personally appeared ~ ~ersonally known to me ~ u proved to me on the basis of satisfactory evidence ~ ~ - - - - - - ;N~~tL- - - J to be the perso~ whose nam~@ I @ Commission II 1235275 subscribed to th within instrument and ~, Notay PubI"oc - COßfanIa f acknowledged to me that M~xecuted Z San Diego County - the same in his/her/their authorized ~ - - - -~-~.:~~z:~f capacit~ and that by --tri-s~~ signature(s) on the instrument the perso s or ~ the entity upon behalf of which the persor@ g ~ acted, executed the instrument. ~ I ~ ~ PI'" No"~ 5", Abo., ~ OPTIONAL g 2 Though the mformation below is not required by law, it may prove valuable to persons relying on the document R and could prevent fraudulent removal and reaffachment of this form to another document I ~ Description of Attached Document ~ Title or Type of Document: ~ Document Date: Number of Pages: ~ ~ Signer(s) Other Than Named Above: ~ Capacity(ies) Claimed by Signer ~ Signer's Name: ¡ - Individual . = Corporate Officer - Title(s): I Top 0' themb he'e '" U ~ - Partner - = limited = General = Attorney in Fact = Trustee = Guardian or Conservator = Other: Signer Is Representing: ~ @ "" cO<; @ 1997 N""", No"~A""""oc' 9350 0, SotoM" PO. S" 2402' C","worth" CA 91313"2402 PlOd No 5907 R",d" c", ToII-F", 1-BOO-876-5827 4- -!fo LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $280,415 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $280,415 Securities approved as to form and amount by '~~~ v oj, y Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement H. \home\Hto~ney\sia\Sy=e~o~e Ridge II -8- 0 '-1-'-1/ EN' 4 ATTACHM - "- THE CITY OF èHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following infonnation must be disclosed: L List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 7~1"'c; Uf},ur-.!'~ Lï.,.;,i~¡Rrl-'SL:,z. ~4cJL.J~L-.,P"ï' LLC 2. If any person- identified pursuant to (1) above is a corporation or partnership, list the names of all individ als with a $1000 investment in the business (corporation/partnership) entity. 3. If any person- identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ¡V In- 4. Please identifY every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in Ibis matter. -.:::5 t) it, V ØCA< CA. t;£.¿... Jj~ý!~ ~.::,i.", () 'v-14/h'1!~kJ,o1!..+z- k^ wl'l! ~ """"" f ~v-..JI ~ ~r4~C( 'R.<l'1 v1.S-~:"",Hi/,,5ot¡t~ ~tf.su L . if - Lf2- 5. Has any person' associated with this contract had any financial dealings with an offici~f the City ofChula VIsta as It relates to thIs contract wlthm the past 12 months? Yes_No- If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within ~st twelve (12) months to a current member of the Chula Vista City Council? Yes_No- If Yes, which Council member" 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $1,000 °?r past four (4) years to a current member of the Chula Vista City Council? Yes_No_If Yes, which Council member? 8. Have you pro\~ded more than $300 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (Tbi~des being a source of income, money to retire a legal debt, gift, loan, etc.) Yes - No_If Yes, which official" and what was the nature of item provided? Date: I'Ll, Jo( t£tvf s j/~ { { ~gn ture of Contractor! Applicant ~.L B. V4(o(C{ Print or type name of Contractor! Applicant , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, ftatemal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. " Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. H: \H 0 ME\EN GINEER \AD MIN\CONTRA CT\D IS CLOSE .DOC . if -. Lf3 RESOLUTION NO. 2002- ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 99- 03, EASTLAKE TRAILS NORTH TN-7, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 99- 03, EASTLAKE TRAILS NORTH TN-7, and more particularly described as follows: Being a subdivision of Lot 142 of Chula Vista Tract No. 99-03, Map No. 14187, in the City of Chula Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 6, 2001. Area: 7.022 Acres No. of Lots: 2 Numbered Lots: 2 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted upon receipt by the City of Chula Vista of all improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that said subdivision is a condominium project as defined in Section 1350 of the Civil Code of the State of California, containing a maximum of 90 residential dwelling units and is filed pursuant to the Subdivision Map Act. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista assignable general utility and access easement as shown on this map within this subdivision. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego only upon the acceptance by the City of Chula Vista and its City Attorney of the improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the _day of , 2002, for the completion of improvements in said subdivision, a copy of which is on file in the Office of the City Clerk is hereby approved. 1 Lf - l/i-l BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Jo~~e~ ~.(}j~ John P. Lippitt Director of Public Works City Attorney JIAttomeyResolFlnal Map Eastlake Tealls TN-7 2 If -'-15 COUNCIL AGENDA STATEMENT Item: 5 Meeting Date: 2/19/02 ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving a first amendment to a three-party agreement between the City of Chula Vista; Linscott, Law & Greenspan, Engineers; and The Eastlake Company, LLC, and authorizing the Mayor to execute said first amendment. SUBMITTED BY: Director of Planning and Building g¿ REVIEWED BY: City Manager j:) (4/Sths Vote: Yes~No--X.) On September 19, 2001, the City of Chula Vista, The EastLake Company, LLC (Applicant) and Linscott, Law & Greenspan, Engineers (Consultant) entered into a three-party agreement for the preparation of a traffic impact analysis and report on a project known as EastLake Village Center North, located at the northwest and northeast corner of EastLake Parkway and Otay Lakes Road. The Applicant has changed the project description, changing the originally proposed retail commercial and limited manufacturing land use acreage, and increasing the retail commercial floor space. These project changes require a revision to the previously prepared traffic analysis. Thus, this report requests that the City Council approve the proposed amendment to the agreement with Linscott, Law & Greenspan Engineers (LL&G) for $10,000, to revise the traffic impact analysis for EastLake Village Center North project in accordance with the new project description. RECOMMENDATION: That the City Council adopt Resolution approving a first amendment to the three-party agreement between the City of Chula Vista; LL&G; and The EastLake Company, LLC for traffic consulting services related to the EastLake Village Center North project. DISCUSSION: Background On September 19, 2001, the City Council adopted Resolution 2001-325 approving a three-party agreement between the City of Chula Vista, Linscott, Law & Greenspan, Engineers (LL&G) (Consultant) and The EastLake Company, LLC (Applicant) for consulting work to be rendered for EastLake Village Center North. The original three-party agreement required City Council approval because it increased the amount of work LL&G would be doing for the City over the Council approved limit of $50,000. Based on the agreement, LL&G prepared a draft traffic impact analysis and report in accordance with the California Environmental Quality Act (CEQA). In January 2002, the Applicant made significant revisions to the proposed project. In accordance with CEQA, the traffic analysis needs to address the revised project proposal. / ------ --.-------.------- - ._- Page 2, Item No.: ~ Meeting Date: 2/19/02 However, the original three-party agreement funds are not sufficient to cover the additional consulting services needed to address the project changes. For this reason, the agreement needs to be amended. The proposed amendment requires City Council approval because the original agreement was approved by City Council. Consultant Services Selection Process The Environmental Review Coordinator and the project applicant have determined that LL&G has demonstrated a unique and comprehensive familiarity with the project which is necessary for timely completion of the traffic study. Additionally, LL&G has demonstrated unique qualifications to serve as the Consultant for this contract because of their experience and expertise within this region. It is staff's recommendation that it is in the City's best interest to amend LL&G's contract to provide the additional services related to this project for the following reasons: 1. LL&G is currently under contract to prepare the traffic analysis and report for the EastLake Village Center North project. 2. As specified under the original Agreement, the Consultant is uniquely qualified to serve as the Consultant for this contract based on their demonstrated ability to perform while working as a Consultant to the City on other projects, their familiarity with project requirements, and proven ability to work with and interpret modeling data provided by the San Diego Association of Governments. The Consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City within the necessary time ITames. 3. Pursuant to Section 3.2.1 of the original Agreement, the City of Chula Vista, Consultant and the Applicant have determined that it is necessary and appropriate to prepare a revised traffic analysis and report that addresses the amended project ("Additional Services"), all parties have agreed to the scope of services and cost, and pursuant to Section 3.2.2 ofthe Agreement, the Applicant agrees to pay for such Additional Services. The Environmental Review Coordinator has negotiated the details of these agreements in accordance with procedures set forth in the Environmental Review Procedures. Scope-of-Work Under an amendment to the original Agreement with the City of Chula Vista and the project Applicant, LL&G will revise the EastLake Village Center North traffic study to address the revised project as submitted by the Applicant. .4.. - .-.-"_u.----.-".-.-.-.-..---- Page3,ItemNo.:~ Meeting Date: 2/19/02 Contract Pavment: The amount of this contract amendment is $10,000. Thus, the total not-to-exceed contract amount is $35,535, which includes and retains the $2,000 contingency fee from the original agreement. The project applicant will also reimburse any City staff time associated with review and approval of the traffic study through a separate deposit account. FISCAL IMPACT: There would be no impact to the General Fund. The project Applicant, The EastLake Company, LLC, through a deposit account, will pay LL&G's consulting fees. Attachments 1. Original Three Party Agreement 2. First Amendment to Agreement J, IPlanninglMARNIBIEastLakc VCNorthlTRAFFIClcontractamcndmcnta I 13 "doc 63 ----""------ "- ""-- ATTAcHM£JJT ( Three Party Agreement Between City of Chula Vista, Linscott, Law & Greenspan, Engineers, Consultant, and The EastLake Company, LLC, Applicant For Consulting Work to be Rendered for EastLake Village Center North I. Parties. This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated on the attached Exhibit A as "Consultant", Linscott, Law & Greenspan, Engineers, whose business form and address are indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant", The EastLake Company, LLC, whose business form and address are indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or generally located as, describcd on Exhibit A, Paragraph I, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5. This agreement proposes an arrangcmcnt by which Applicant shall retain, and be liable for the costs ofretaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. Three Party Agreement 9/19/2001 Page 1 tf < )uJ(- '5~::;- 2.6. Additional facts and circumstances regarding the background for this agreement are set forth on Exhibit B. 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Employment of Consultant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all ofthe services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonably uecessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period of time for the diligent exccution of Consultant's duties hereunder. Time is ofthe essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering thc General and Detailed Services hereunder, the Consultant shall do so in a good, professional 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, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, cquipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform.and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if Three Party Agreement 91\9/2001 Page 2 .. ------ "-"--"-----"' ....- .._-----"-"-----" -- checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same ITom Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services (" Additional Services") are needed ITom Consultant ofthe type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to providc by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.2. In the event that the City shall determine that additIonal work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additionai costs for the additional work. 3.2.3. Reductions in Scope of Work. City may independently, or upon request /Tom Consultant, fTOm time to time reduce the 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 thc purpose of negotiating a corrcsponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount oftime and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Applicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant . shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as hereinbelow set forth: 3.3.1.1 Other Tenns of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain /Tom said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. Three Party Agreement 9119/2001 Page 3 -r:, 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting thereITom. 3.3.1.1.4. Applicant shall be notified within 30 days after oftheuseof the Deposit in any manner. Nothing herein shall invalidate use ofthe Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit AnlOunt") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to witW1Old processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. 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 categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: 4. I. I. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away ITom premises owned or rented by Consultant, which names City and Three Party Agreement 9/19/2001 Page 4 5-7 Applicant 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 and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. Proof oflnsurance Coverage. 4.2.1. 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 ofInsurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liabiiity Coverage required under Consultant's Commerciai General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility ofthe City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or aflcr its completion, except on written concurrencc of the City and Applicant. 4.4. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence ofthe City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 5. Non-Compensation Duties oLt~ Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. Three Party Agreement 9/19/200 I Page 5 .j' -.- --------. --"-"- -~_._- 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless ITom all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 5.3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence ofthe City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 7. Conflicts of Interest. 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, 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 his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. Three Party Agreement 9/19/2001 Page 6 ,!)-'j ....--.----" .-...-...---- ---- 7.3. Search tQ.DetemÜne 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. 7.4. Promise Not to Acquire Conflictin..glnterests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Cousultant 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. 7.5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is dcsignated 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. 7.6. âJ:>ccific 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") prcsently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries ofthe property which is the subject matter of the Project, or ("Prohibited Interest"). 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 by Applicant or by any other party as a result of 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 agrccs that Consultant Associates shall not acquire any such Prohibited Interest within the Tenn of this Agreement, or for 12 months after the expiration of this Agreement. Consuttant 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. Three Party Agreement 9/19/Z00] Page 7 .--.-..- 8. Default of the Consultant for Breach. This agreement may be terminated by the City for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant fTom liability of such default. 9. City's Right to Terminatc Payment for Convenicnce, Documents. 9.1. Notwithstanding any other section or provision ofthis agreement, the City shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 9.2 In the event of termination of this agreement by the City in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. 9.3. The Consultant hereby cxpressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. 9.4. In the evcnt of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, survcys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures. No suit 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 ofChula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 ofthe Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. Three Party Agreement 9/t 9/2001 Page 8 II. Hold Harmless and Indemnification. 11.1. Consultant to Indemnify City and Applicant re Injuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result ofthe negligent acts, errors or omissions or the willful misconduct ofthe Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution ofthe work covered by this Agreement, except only for (I) those claims, damages, liability, costs and expenses (including without limitation, attorney fees) arising from the sole negligence or sole willful misconduct of the City its officers, cmployees, or (ii) with respect to losses arising ITom Consultant's professional errors or omissions, those claims arising from the negligence or willful misconduct of City its officers, employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 12. Business Licenses. Applicant agrces to obtain a business license ITom the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreemcnt must be in writing. All notiecs, demands and requests to be sent to any party shall he 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 recJipt requested, at the addresses identified for the parties in Exhibit A. .Il1ree Party Agreement 9/19/2001 Page 9 13.3. Entitlement to Subsequent Notices. No notice to or demand on thc parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. 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 sJbject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.5. 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; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 13.6. 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 Dicgo County, State of California, and ifapplicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City ofChula Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13.8. Counterparts. This Agreement may be executed in more than one counterpart, each of whieh shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. wee Party Agreement 9/J 9/200 I Page 10 5./3 - .-..--" ..-..--..-" 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights hercin contained. The making or the acceptance of a payment by either party with knowledge ofthe existence of a breach shall not operate or be construed to opcrate as a waiver of any such breach. 13.12. Remedies. The rights ofthe parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary. 13.13. No Additional Beneficiaries. Dcspite the fact that the required performancc undcr this agreement may have an affect upon persons not parties hereto, the parties specifically intcnd no benefit thereftom, and agree that no performance hereunder may be enforced by any person not a party to this agreement. Notwithstanding the foregoing, this is a tluee party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. [4. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produccd 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 patcnt 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), Three Party Agreement 9/19/2001 Page 11 "--.---- "_._-- 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. (End of Page. Next Page is Signature Page.) Three Party Agreement 9/19/2001 Page 12 M__- ""..M._..__----. Signature Page NOW THEREFORE, the partics hereto, having read and understood the terms and conditions ofthis agreement, do hereby express their consent to the terms hereofby setting their hand hereto on the date set forth adjaccnt thereto, Dated: City of Chula Vista by: ÆUtLvJv ,lWJziðn Shirley Horto~ Mayor Attest: Jl~ L~ f- Susan Bigelow, City Clerk Approved as to Form: ~Æfr7~ John, eny, Clty Attorn Dated: Dated: By: Three Party Agreement 9/19/2001 Page t3 , ---- ------," -"---" Exhibit A Reference Date of Agreement: September 19, 2001 Effective Date of Agreement: Date of City Council Approval of Agreement City: City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Linscott, Law & Greenspan, Engineers Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 1565 Hotel Circle South, Suite 310, San Diego, CA 92108 Applicant: The EastLake Company, LLC Busincss Form of Applicant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 900 Lanc Avenue, Chula Vista, CA 91914 I. Property (Commonly known address or General Description): 79.4I-acre EastLake Villagc Center located at the northwest comer of Otay Lakes Road and EastLake Parkway (Village Center North 70.07 acres) and an additional professionalJadministrative area located at the northeast comer of Otay Lakes Road and EastLake Parkway (Village Center East - 9.34 acres). . 2. P,roject Description ("Project"): Project includes the following proposals: . Amendment to the EastLake II General Development Plan to amend the land use designation for the northern portion of EastLake Village North from public/quasi-public to retail commercial. An additional 15.03 acres will be reserved for SR-125 right of way. No land use designation change is being proposed at this time for EastLake Village Center East (currently Professional! Administrative and Research/Limited Manufacturing). Tills area is currently VC-2 Three Party Agreement 9/19/2001 Page 14 7 "----"----.-.-..- and E-I 0 on the adopted SPA Plan. . Amendment to the EastLake I SPA Plan and PFFP to change the medical center (MC-I) designation in the northern portion of Village Center North to Village Center (VC-l). The adopted PFFP for EastLake I will be updated for the project. . Amendment to the EastLake II PC District Regulations to adjust the permitted and conditionally permitted land uses within VC-I and VC-2 districts. . Repeal of the EastLake I Precise Plan Guidelines and replacement with Design Review Guidelines and requirement for Design Review submittal and approval of each phase of the Village Center project. . Approval of a Tcntative Tract Map and Parcel Map to subdivide Phase I of EastLake Village Center North into separate lots for sale or lease. . Approval of new Design Guidelines for Villagc Center North and East . Approval of the Design Review for Phase I ofVillagc Center North 3. Entitlcments applied for: Tentative and Parcel Maps 4. General Nature of Consulting Services ("ServicesuGeneral"): Consultant shall prcpare a traffic impact study to the satisfaction of the Environmental Review Coordinator and in accordance with CEQA and to be used in the CEQA document. 5. Detailed Scope of Work ("Detailed Services"): Consultant shall conduct traffic impact analysis and prepare a traffic impact report that includes, but is not limited to, the following tasks: 1. Project Start-Up: Meet with City staff upon request to review the scope of work and discuss approach as the traffic study relates to the Kaiser Permanente EIR (1992) 2. Conduct a site visit to verify existing conditions of streets, intersections, signals, etc. 3. Review previous Environmental Impact Reports (EastLake I SPA Plan_Amendment/Kaiser Permanente CUP EIR (Final EIR June 1992) and Eastlake III Woods and Vistas Replanning Program (Final EIRJune 2001) as well as prior EastLake GDP's for analysis and mitigation and determine applicability of prior mitigation measures to proposed project. 4. Conduct and/or obtain existing ADT traffic volume counts, AM/PM peak hour counts and peak hour levels of service (LOS) at an appropriate selection of roadways and intersections as approved by City ofChula Vista. The study area shall be determined by running a Seiect Zone model for the project buildout ycar using CMP Guidelines. Note: The study area may change with each analysis scenario due to planned land use and circulation changes in the project vicinity. Therefore, the Consultant shall redefine the study area for each analysis scenario identified in Task 3 above. 5. Estimate project trip generation using SANDAG trip generation rates and distribute and assign project traffic to the study area for each scenario discussed in Task 6 below. Three Party Agreement 9119/2001 Page 15 --- ."---..-"---u'---- 6. Analyze street segments volumes and capacities and intersection levels of service for AM and PM peak hours (worst case) for the following scenarios. Model runs conducted for the EastLake III Woods and Vistas Replanning Program should be utilized to the extent the City deems possible: a. Existing Condition without SR-125 b. Existing Condition Plus Project without SR-125 c. Short-term Cumulative (Project Buildout) with and without SR-125 d. Regional Buildout 7. Conduct a specific analysis of site circulation and access for the worst-case traffic scenario stated in Task 6 above, inc1uding: a. Weaving analysis on Otay Lakes Road westbound lanes to SR-125 ramps b. Access poirl! analysis c. Analysrs or" lefì-turn storage lengths, lane configurations and driveway locations d. Queuing analysis e. Signal warrant analysis f. Pedestrian bridge at Otay Lakes Road and EastLake Parkway g. Truck flow into and out of the center (Note: two proposed users include Home Depot and Target) 8. Analyze the proposed project using the City's Significance Criteria and thc City's Growth Managemcnt Policies and Criteria 9. Coordinate with PFFP consultant to identify trigger points for ncw infrastructure. 10. Determine appropriate mitigation for the proposed Project, taking into consideration previous mitigation measures and the analysis conducted as part of Task 3 above. II. Prepare a summary of the Traffic Impact Report for inclusion in the City's CEQA document, as directed by City staff (hard copy plus electronic file prepared in Microsofì Word). 12. In addition to the initial meeting (Task I), attend up to three meetings with City Staff and three hearings (RCC, Planning Commission and City Council). 13. Based on City staff and public comments, revise the screenchecks and public review draft of the traffic report. 14. Prcpare thc following versions of the traffic report: two screencheck versions prior to public review draft (5 bound copies each), one public review drafì version which will be an appendix to the City's CEQA document (5 copies plus master plus electronic file) and one final version incorporating any revisions required by the City in response to public comment (3 copies plus master plus electronic file). A total of four sets of deliverables will be required as set forth below. 6. Schcdll1c, Milestone, Timc-Limitations within which to PerfOffil Services. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement Three Party Agreement 9/1 91200 1 Page 16 .""~."-"--- ._-"-"--- -- Dates or Time Limits for Delivery ofDeliverables: . First Screencheck Traffic Report - 5 weeks !Tom effective date of Agreement; . Second Screencheck Draft Traffic Report - 2 weeks after Consultant receives City comments on first screencheck traffic report and has incorporated those comments into this screencheck; . Public Review Draft Traffic Report - 2 weeks after Consultant receives City comments on second screencheck traffic report and has incorporàted those comments into this screencheck; and . Final Traffic Report - 2 weeks after close of Public Review ofthe CEQA document. Dates for Completion of all Consultant Services: The term of this agreement shall be for one year ITOm the effective date of this agreement or upon approval of the Final Traffic Report to be includcd in the Final CEQA document for the Project by the Environmental Review Coordinator and City Enginecr, whichever occurs later. 7. Documents to be provided by Applicant to Consultant: (X) site plans (X) grading plans ( ) architectural elevations (X) project description. (X) other: EastLake I SPA PlanAmendmentlKaiser Permanente CUP EIR Eastlake III Replanning Program EIR 8. Contract Administrators. City: Marilyn R.F. Ponseggi, Environmental Review Coordinator Applicant: Guy Asaro, The EastLake Company, LLC Consultant: John Boarman, Linscott, Law & Greenspan Engineers 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicabie. Not an FPPC Filer. () Category No.1 Investments and sourccs of income. () Category No.2. Interests in real property. Three Party Agreement 9/19/2001 Page 17 () 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 ofChula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investmcnts 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. 10. Insurance Requirements: () Statutory Worker's Compensation Insurance () Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurancc: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). Three Party Agreement 9119/200 I Page 18 ----"_."---_. ---- Exhibit B Additional Recitals WHEREAS, the Applicant has deposited an initial sum for traffic consulting services for the EastLake Village Center North project; and WHEREAS, a request for proposal was distributed to three qualified traffic consulting firms in accordance with the City's informal bidding process, and two proposals were received by the City that were responsive to the request; and WHEREAS, the City is in immediate need of an expcrienced traffic consultant that is familiar with the City's policies and procedures and who has indicated the ability to meet the schedule of the project; and WHEREAS, the Consultant is uniquely qualified to serve as the Consultant for this contract based on their demonstrated ability to perform while working as a Consultant to the City on other projects, their familiarity with project requirements, and proven ability to work with and interpret modeling data provided by the San Diego Association of Governments; and WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Proccdures. Three Party Agreement 9/19/2001 Page 19 ~- -d.J..., -- "---- Exhibit C Compensation Schedule and Deposit: Terms and Conditions. (X) Single Fixed Fee Arrangement. For performance of all of the General and Detailed Services of Consultant as herein required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below: (X) Single Fixed Fee Amount: $23,535 Milestone or Event Amount or Percent --------- Of Fixed Fee I. Submittal of first screencheck draft traffic report $11,768.00 (50%) 2. Acceptance of the draft traffic report by City staff for public $4,707.00 (20%) <: .~ review 3. Acceptance of the final traffic report by City staff $4,707.00 (20%) 4. Satisfactory complction of the contract as determined by City $2,353.00 (10%) Environmental Review Coordinator Total Fixed Fee Amount $23,535.00 5. Contingency Fee* $2,000.00 * Pursuant to Section 3.2.2 of this contract. ( ) Phased Fixed Fee Arrangement. For the performance of eaeh phase or portion of the General and Detailed Services of Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement"). Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to said Phase. Three Pariy Agreemenl 9/19/2001 Page 20 .-"...--.---- ----- .-.-.- Fee for Phase Said Phase 1. $ 2. $ 3. $ 4. $ ( ) Time and Materials For performance of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours oftime and material spent by Consultant in the performance of said Services, at thc rates or amounts set forth hereinbelow according to the following terms and conditions: () Not-to-Exeeed 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 ofthe General and Detailed Services herein required of Consultant for _including all Materials and other "reimburseables" ("Maximum Compensation"). The City will also receive a standard administrative fee amounting to 10% of the contract. (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $23,535 (plus $2,000 if negotiated as set forth above) ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City Council. Nothing herein shall preclude Consultant ITom providing additional Services at Consultant's own cost and expense. Three Party Agreement 9/19/2001 Page 21 ----"--.------ Rate Schedule Hourly Category of Employec Name Rate Principal J. Boannan $155 Transp. Eng. 3 N. Prasad* $110 Transp. Planner I J. Nunez* $65 CAD D. Spinler* $70 Word Processor P. Ruching* $45 * Other individuals from the Consultant firm may be substituted in place ofthe names listed solely at the discretion of the City. () Consultant's hourly rates may increase by 6% for services rendered after Materials Separately Paid For by Applicant Cost or Rate ( ) Materials None. Included in Cost. Reports Copies ( ) Travel None. Included in Cost. ( ) Printing None. Included in Cost. ( ) Postage None. Included in Cost. ( ) Delivery None. Included in Cost. () Long Distance Telephone Charges None. Included in Cost. ( ) Other Actual Identifiable Direct Costs None. Included in Cost. Three Party Agreement 911912001 Page 22 S- ---" --.-- ""-"------- ---- u - - - u - n- u - uu- n u ____on - -- -- Deposit (X) Deposit Amount: $23,535 (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing ITom the amount ofthe Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidencc submitted prior to the due date for the payment of said bill by Applicant in making its good faith dctemlination of propriety. Applicant agrces to maintain a minimum balancc of -- in subject account that shall be immediately rcplenished upon the requcst of the City. () Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit to pay said billing. u - - - - n n n u uu u - - -- n n__nu (X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: In accordance with milestones identified herein. B. Day of the Period for submission of Consultant's Billing: ( ) First ofthe Month ( ) 15th Day of each Month ( ) End ofthc Month (X) Other: Upon completion of the milestones identified herein. C. City's Account Number: To be assigned after agreement is processed. Three Party Agreement 9/19/2001 Page 23 5 -"- .-,'---.-,-.--"--""-'-.---n D. Security for Performance ( ) Performance Bond, $ () Letter of Credit, $ ( ) Other Security: 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, the following Retention Percentage until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% - ( ) Retention Amount: $~ Retention Release Event: (X) Completion of All Consultant Services to the satisfaction of the Environmental Review Coordinator () Other: Three Party Agreement 9/19/2001 Page 24 7 .._"----- -..- "_.. . - "----- 4TT'<¡CH/UEAJT "2.... FIRST AMENDMENT TO The Three Party Agreement Between City of Chula Vista, Linscott, Law & Greenspan, Engineers, Consultant, and The EastLake Company, LLC, Applicant For Consulting Work to be Rendered With Regard To EastLake Village Center North Recitals The First Amendment is entered into effective as of _by and between the City ofChula Vista ("City"), The EastLake Development Company, LLC ("EastLake") and Linscott, Law & Greenspan, Engineers (LL&G) with reference to the following Facts: WHEREAS, the City, EastLake, and LL&G entered into an agreement effective September 19, 200 I, whereby LL&G agreed to prepare a traffic impact analysis and traffic impact report ("the original Agreement"); and WHEREAS, EastLake has amended the original project description since the effective date of the original Agreement to add up to 16,000 square feet of commercial use to the project ("Amended Project"); and WHEREAS, pursuant to Section 3.2.1 of the contract, the parties have determined that it is necessary and appropriate to prepare a revised traffic analysis and report that addresses the "Amended Project" ("Additional Services"); and WHEREAS, the contingency fee of$2,000 included in the original contract is insufficient to cover the Additional Services; and WHEREAS, pursuant to Section 3.2.2 of the contract, the Applicant agrees to pay for such Additional Services; and WHEREAS, the parties now desire to amend the Agreement to expand the Scope of Work required of LL&G to prepare an additional traffic analysis and report for the "Amended Project". NOW, THEREFORE, in consideration ofthe recitals and the mutual obligation of the parties set forth herein, City, EastLake, and LL&G agree as follows: 1. Exhibit A, Section 5, Task 12 ofthe original Agreement, entitled Detailed Scope of Work ("Detailed Services"), is hereby amended to add two additional meetings for a total of up to five meetings with City staff. Amended Task 12 shall read as follows: Three Party Agreement, First Amendment 2/12/02 Page 1 "In addition to the initial meeting (Task I), attend up to five meetings with City staff and three hearings (RCC, Planning Commission and City Council)." 2. Exhibit A, Section 5 of the original Agreement, entitled Detailed Scope of Work ("Detailed Services"), is hereby amended to add the following Task 15: "Perform Tasks I through 14 set forth above for the "Amended Project" as submitted by the Applicant." 3. Exhibit A, Section 6 of the original Agreement entitled Schedule, Milestone, Time- Limitations within which to Perform Services is hereby amended to add an additional deliverable, adding a new third bullet as follows: "Third Screencheck ("Amended Project") Draft Traffic Report - three weeks ITom effective date of the First Amendment to Agreement." 4. Exhibit A, Section 6 of the original Agreement entitled Schedule, Milestone, Time- Limitations within which to Perform Services is hereby amended to change the original third bullet to a fourth bullet and amending it to read as follows: "Public Review Draft Traffic Report - 2 weeks after Consultant receives City comments on third screencheck for the "Amended Project" traffic report and has incorporated City comments into this third screencheck." 5. Exhibit A, Section 6 ofthe original Agreement entitled Schedule, Milestone, Time- Limitations within which to Perform Services is hereby amended to change the original fourth bullet to a fifth bullet with no amendment to the text. 6. Exhibit C at page 20 ofthe original Agreement, entitled Compensation, Schedule and Deposit: Terms and Conditions, is hereby amended to read as follows: (X) Single Fixed Fee Arrangement. For performance of all of the General and Detailed Services of Consultant as herein required, Applicant shall pay a single tìxed fee in the amounts and at the times or milestones set forth below: (X) Single Fixed Fee Amount: $33,535 Three Party Agreement, First Amendment 2/12/02 Page 2 ""-------"""- "--- Milestone or Event Amount or Percent Of Fixed Fee I. Submittal of first screencheck draft traffic report $11,768.00 (35%) 2. Acceptance of the draft traffic report by City staff for public $14,707.00 (44%) review (includes an additional $10,000 to analyze the "Amended Project" and incorporate the analysis into the traffic report in accordance with amended Exhibit A of this Agreement addressed herein) 3. Acceptance of the final traffic report by City staff $3,707.00 (11%) 4. Satisfactory completion of the contract as determined by City $3,353.00 (10%) Environmental Review Coordinator Total Fixed Fee Amount $33,535.00 5. Contingency Fee* $2,000.00 *Pursuant to Section 3.2.2 of this contract. (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $33,535 (plus $2,000 if negotiated as set forth above) ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City Council. Nothing herein shall preclude Consultant ITom providing additional Services at Consultant's own cost and expense. (X) Deposit Amount: $33,535 7. All other terms and conditions ofthe original Agreement not specifically amended by this First Amendment shall remain in full force and effect. Three Party Agreernenl, Firsl Arnendrnenl 2/12/02 Page 3 "---.- "-"---"-------- ----- SIGNATURE PAGE TO FIRST AMENDMENT TO THE THREE PARY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; THE EASTLAKE COMPANY, LLC; AND LL&G City ofChula Vista By Shirley Horton, Mayor Date Consultant: Linscott, Law & Greenspan, Engineers ~ Date ~L /3, OL Applicant: The EastLake Company, LLC California Limited Liability Company By Date rl. . /. '/. ç/ z.. ATTEST: Susan Bigelow, City Clerk Approved as to Fonn by: John M. Kaheny, City Attorney Three Party Agreement, First Amendment 2/12102 Page 4 S 3-/ ---~--- ._------ .-- -.- RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; LINSCOTT, LAW & GREENSPAN, ENGINEERS; AND THE EASTLAKE COMPANY, LLC, AND AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT WHEREAS, the City ofChula Vista("City"), The EastLake Company ("Applicant"), and Linscott, Law and Greenspan, Engineers (LL&G) ("Consultant") entered into an agreement effective September 19, 2002, whereby LL&G agreed to prepare a traffic impact analysis and traffic impact report for the EastLake Village Center North project ("Original Agreement"); and, WHEREAS, the Applicant has amended the original project description since the effective date of The Original Agreement increasing the originally proposed retail commercial floor space and changing the originally proposed limited manufacturing land use acreage; and, WHEREAS, pursuant to Section 3.2.1 of the Original Agreement, parties have determined that it is necessary and appropriate to prepare a revised traffic analysis and report that addresses the Amended Project ("Additional Services"); and, WHEREAS, the Original Agreement funds are not sufficient to cover the Additional Services; and, WHEREAS, as specified under the Original Agreement, LL&G is uniquely qualified to serve at the Consultant for this contract based on their demonstrated ability to perform while working as a Consultant to the City on other projects, their familiarity with project requirements, and proven ability to work with and interpret modeling data provided by the San Diego Association of Governments; and, WHEREAS, LL&G represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City of Chula Vista within the necessary timeframes; and, WHEREAS, the parties now desire to amend the Agreement to expand the Scope of Work required of LL&G to prepare an additional traffic analysis and report for the Amended Project; and, WHEREAS, pursuant to Section 3.2.2 of the Original Agreement, the Applicant agrees to pay for such Additional Services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the First Amendment to the three-party agreement between the City of Chula Vista; Linscott, Law & Greenspan, Engineers and The EastLake Company to amend the traffic impact analysis for EastLake Village Center North. $- :J 1-. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~n~~ Robert A. Leiter Director of Planning and Building City Attorney R\Attorney\RESO - LLGcontractamendmentdoc 5,33 COUNCIL AGENDA STATEMENT Item b - Meeting Date 2/19/02 ITEM TITLE: A. Ordinance Amending Sections 14.20.010, 14.20.020, 14.20.030, 14.20.040, 14.20.100, 14.20.110, 14.20.120, 14.20.200, 14.20.220, 14.20.230, 14.20.310, 14.20.320, 14.20.340 of the Chula Vista Municipal Code and Adding Sections 14.20.160 And 14.20.170 to the Chula Vista Municipal Code, All Under Chapter 14.20 Relating to "Storm Water Management And Discharge Control" (First Reading) B. Resolution Approving the City of Chula Vista's Jurisdictional Urban Runoff Management Program (JURMP) document and authorizing submittal of the same to the San Diego Regional Water Quality Control Board (SDRWQCB) SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager P (4/Sths Vote: Yes - No -~J Pursuant to the Federal Clean Water Act, and the California Porter-Cologne Water Quality Control Act, The Regional Water Quality Control Board is required to revise the National Pollutant Discharge Elimination System (NPDES) Municipal Permit for the San Diego County every five years. The new NPDES Municipal Permit Order No. 2001-01, adopted by the RWQCB on February 21, 2001, replaced NPDES Permit Order No.90-42. The new Permit, requires the 18 municipalities of the San Diego County (including Chula Vista), as well as the San Diego Unified Port District and the County of San Diego, collectively referred to as the Copermittees, to review and upgrade, if necessary, their storm water, grading, and other relevant ordinances as necessary to comply with the more detailed requirements of the new permit. The 18 municipalities are also required to submit their individual Jurisdictional Urban Runoff Management Program (JURMP) by February 21, 2002. The City of Chula Vista's JURMP document, prepared by Environmental Business Solutions (City's consultants), and reviewed and approved by statl, outlines the City's program, for the remaining life of the Permit, to prevent discharge of polluted water to the waters of the United States. RECOMMENDATION: That Council: 1. Place on first reading an ordinance amending Sections 14.20.010, 14.20.020, 14.20.030, 14.20.040, 14.20.100, 14.20.110, 14.20.120, 14.20.200, 14.20.220, 14.20.230, 14.20.310, 14.20.320, 14.20.340 of the Chula Vista Municipal Code and adding Sections 14.20.160 and 14.20.170 to the Chula Vista Municipal Code, all under Chapter 14.20 Relating to "Storm Water Management and Discharge Control". ~ -/ ".---- ..-.- Page 2, Item ~ Meeting Date 2/19/02 2. Adopt the resolution approving the City's Jurisdictional Urban Runoff Management Program document for submittal to the San Diego Regional Water Quality Control Board. DISCUSSION: Amending Chula Vista Municipal Code Pursuant to the San Diego Regional Water Quality Control Board's adoption of the NPDES General Municipal Permit, Order No. 2001-01, City staff reviewed Chapters 14.20 of the City of Chula Vista Municipal Code (CYMC) to ensure that the City's legal authority to control pollutant discharges from various land uses within the City are adequately defined, and meet all the requirements of Order No. 2001-01. Such legal authority empowers the Enforcement Official to: . Set standards for quality of storm water or non-storm water permitted to be discharged into the public storm drainage systems, and require development, implementation and maintenance of Best Management Practices (BMPs) , as defined in the City's Jurisdictional Urban Runoff Management Program (JURMP) and other plans, where deemed necessary by the Enforcement Official, to prevent pollution of the storm drainage systems. . Prohibit all discharges of storm water or non-storm water, not meeting the standards for permitted discharges, as determined by the Enforcement Official. . Prohibit dumping of any pollutants into the storm drainage systems, or causing pollutants to come into contact with the storm water runoff. . Prohibit and eliminate illegal connections to the storm drainage systems. . Enter construction sites and existing industrial, commercial, municipal, and residential land uses for regular or incidental inspection of the facilities or land uses in order to investigate possible water quality related violations, or to ensure that required BMPs are properly installed and maintained. . Require those construction sites and industrial facilities that are subject to coverage under the State NPDES Construction or Industrial Permits to obtain and maintain coverage, and provide evidence of coverage and compliance for the Enforcement Official's inspection and documentation, when required to do so. . Require construction sites and high priority industrial facilities to carry out annual monitoring and reporting of storm water discharges, as required by the relevant State NPDES Construction or Industrial Permits, and present results to the Enforcement Official, if required to do so. . Carryout enforcement actions to bring about compliance with the requirements of the NPDES Municipal Permit Order No. 2001-01; Storm Water Management and Discharge Control Ordinance; and any other relevant CVMC requirements. City staff determined that although the existing ordinances adequately provided legal authority for the above requirements, certain amendments would be helpful to clearly define all issues contained in the NPDES Municipal Permit Order No. 2001-01, and prevent possible 6 -.2. ".-- "-_......---_._-_.. -.- Page 3, Item ~ Meeting Date 2/19/02 ambiguities. The amended ordinances presented to the City Council for approval are the result of cooperation between various City departments and divisions, and are intended to reflect the requirements of the NPDES Municipal Permit Order No. 2001-01. Approving; City of Chula Vista's JURMP Document Pursuant to the San Diego Regional Water Quality Control Board adoption of the NPDES General Municipal Permit, Order No. 2001-01 (Permit), the City Council on November 6, 2001 awarded a contract to Environmental Business Solutions (Consultant) for the preparation of the City's Jurisdictional Urban Runoff Management Program Document (Document). The Document is an outline of the program to be implemented by City staff, as required by the Permit, to ensure that all new development, major redevelopment; existing industrial, commercial, residential, municipal land uses; and construction sites, implement adequate pollution prevention measures and Best Management Practices, as well as conduct necessary monitoring and reporting. The JURMP is a dynamic document, and includes inventories of active construction and building sites; commercial and industrial facilities; lists of minimum and recommended Best Management Practices, Best Available Technologies, and Best Conventional Technologies; and locations of sensitive areas and impaired water bodies. Such information that has been compiled from available information at the time of preparation of the JURMP is constantly changing. Furthermore, field verification of such information may necessitate minor revisions to the above information. As required per the Permit (commencing in January 31, 2003), the City is required to submit the JURMP annual report that includes documentation of the activities conducted by the City during the past annual reporting period. Under the Permit it is the City's responsibility to prevent, through enforcement of it ordinances and the permit requirements, discharges of pollution ITom its storm drainage systems to the waters of the United States. San Diego Bay is the ultimate receiving water body of the watershed that encompasses Chula Vista. Pursuant to Clean Water Act Section 303(d), the United States Environmental Protection Agency (USEPA) and the SDRWQCB have declared San Diego Bay as an Impaired Water Body, and therefore special restrictions apply to discharges from all municipalities within the San Diego Bay watershed. This condition demands extra vigilance and effort on the part of affected municipalities. The JURMP document includes the overall program to be implemented by the City of Chula Vista within its jurisdiction during the life of the Pcrmit, and covers major components as follows: 1. Land Use Planning for New Development and Redevelopment Component 2. Construction Component 3. Existing Development Component (including Municipal, Industrial, Commercial, and Residential) 4. Education Component 5. Illicit Discharge Detection and Elimination Component ~-6 ...----- -"-"- Page 4, Item ~ Meeting Date 2/19/02 6. Public Participation Component 7. Assessment of Jurisdictional URMP Effectiveness Component 8. Fiscal Analysis Component One of the requirements of the Land Use Planning for Priority New Development and Significant Redevelopment Component is the Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. Under this requirement, local governments will have to begin enforcing practices to detain, treat, and infiltrate storm water runoff ITOm development and major redevelopment through the adoption of local ordinances and review procedures. Moreover, sizing of the Best Management Practices (BMPs) implemented to achieve this goal will need to be based on numerical criteria mandated by the Permit. Best Management Practices (BMPs) are structural devices or landscape designed to remove pollutants and reduce runoff flow. These requirements are expected to have a broad impact on municipalities and new residential, commercial, and industrial projects as well as major re- developments. As required by the Permit, the Copermittees have collectively developed a model SUSMP that will be submitted to the SDRWQCB on February 21, 2002. Within 180 days of approval of the Model SUSMP in the public process by the SDRWQCB, each Copermittee shall adopt its own SUSMP, and shall submit to the SDRWQCB. Another requirement of the Permit is the development and implementation of a Watershed Urban Runoff Management Program (WURMP) by the Copermittees sharing the same watershed. Chula Vista is located within the San Diego Bay Watershed, together with nine other agencies. Several joint tasks are included in the Watershed program, including assessment of water quality of all receiving waters (wet weather monitoring), development of a watershed map, identification and prioritization of major water quality problems, and watershed based educational program. City of Chula Vista is presently participating in the countywide wet weather monitoring, but the new Permit will require more extensive monitoring and testing to be carried out in each watershed. The Unified Watershed Specific URMP document is due to be submitted to the SDRWQCB on January 31, 2003. The City is currently continuing to implement the storm water quality program that was developed for compliance with the previous NPDES Municipal Permit Order No. 90-42, and the Municipal Code Section 14.20. As of February 21, 2001, municipalities must comply with the Permit. As mentioned above, the new Permit will have a major fiscal impact on the City, insofar as the responsibility for enforcement of State issued NPDES permits such as the General Construction and Industrial Permits, issued to facilities within Chula Vista are transferred to the City. In addition, installation and maintenance of structural Best Management Practices (BMPs) on publicly owned facilities, and implementation of non-structural BMPs including more frequent cleaning of the storm drainage systems; additional monitoring and reporting and public education will require funds that are not provided for in the present budget. ~ ""-_. 'n._..,"'--'---'- --- Page 5, Item ~ Meeting Date 2/19/02 ENVIRONMENTAL: A. CEQA Determination: The Environmental Review Coordinator has determined that adoption of the Storm Water Management and Discharge Control Ordinance Amendment is exempt for the California Environmental Quality Act pursuant to Section 15307, Class 7 (Actions by Regulatory Agencies for Protection of Natural Resources). No further environmental review is necessary. B. CEQA Determination: The Environmental Review Coordinator has determined that adoption of the Jurisdictional Urban Runoff Management Program is exempt for the California Environmental Quality Act pursuant to Section 15307, Class 7 (Actions by Regulatory Agencies for Protection of Natural Resources). No further environmental review IS necessary. FISCAL IMPACT: A. Amendment of said ordinance will have a fiscal impact on the City. Substantial portions of the costs will be chargeable to developers for review and inspection services. However, the other portions of the cost that are related to the buildings construction and existing facilities (commercial, industrial, municipal, and residential) are not associated with a chargeable deposit account. Therefore, staff will continue to evaluate the extent of additional resources. B. The total expenditures required for compliance with the NPDES Program and the Permit are still being evaluated and will be submitted for Council's approval in two phases. The initial phase, which represents what the City's immediate needs for this current fiscal year (FYOl/02) will be presented in a separate report later next month. Secondly, annual estimated continuing costs for the NPDES compliance (including staff, regional, watershed, and individual programs) will be presented before the beginning of next fiscal year. However, based on a preliminary estimate by the staff, and comparison with estimates ITOm other cities and agencies, it is believed that the total annual additional estimated cost for implementation of the new Permit will be between 3 to 4 million dollars. Attachment: Draft JURMP Document 2/141023:004 PM Filec 0780-70-KY181 K\eNGINEER\Al13-JURMP & ORD"doc fer RESOLUTION NO. 2002- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY OF CHULA VISTA'S JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM (JURMP) DOCUMENT AND AUTHORIZING SUBMITTAL OF THE SAME TO THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD (SDRWQCB) WHEREAS, on February 21, 2001, the San Diego Regional Water Quality Control Board (SDRWQCB) adopted the new NPDES permit, Order No. 2001-01; and WHEREAS, pursuant to the Federal Clean Water Act, and the California Porter- Cologne Water Quality Control Act, and in compliance with said Permit, 18 municipalities of the San Diego County (including Chula Vista), as well as the San Diego Unified Port District and the County of San Diego, collectively referred to as the Copermittees, are required to prepare and submit their individual Jurisdictional Urban Runoff Management Program (JURMP) to the SDRWQCB by no later than February 21, 2002; and WHEREAS, the City of Chula Vista's JURMP document, prepared by Environmental Business Solutions (City's consultants), and reviewed and approved by staff, outlines the City's program, for the remaining life of the Permit, to prevent discharge of polluted water to the waters of the United States; and WHEREAS, the Environmental Review Coordinator has determined that adoption of the Jurisdictional Urban Runoff Management Program is exempt for the California Environmental Quality Act pursuant to Section 15307, Class 7 (Actions by Regulatory Agencies for Protection of Natural Resources); and WHEREAS, the JURMP is a dynamic document and the City is required to submit an annual report commencing in 2003 documenting the City's activities over the past year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the City of Chula Vista's Jurisdictional Urban Runoff Management Program (JURMP) document, a copy of which shall be kept on file in the office of the City Clerk, and submittal to the San Diego Regional Water Quality Control Board is hereby authorized. Presented by: Approved as to form by: cr. ß(Ÿ\ < ~, John P. Lippitt JOmheny Director of Public Works City Attorney (;-~ ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 14.20.010, 14.20.020, 14.20.030, 14.20.040, 14.20.100, 14.20.110, 14.20.120, 14.20.200, 14.20.220, 14.20.230, 14.20.310, 14.20.320, 14.20.340 OF THE CHULA VISTA MUNICIPAL CODE AND ADDING SECTIONS 14.20.160 AND 14.20.170 TO THE CHULA VISTA MUNICIPAL CODE, ALL UNDER CHAPTER 14.20 RELATING TO "STORM WATER MANAGEMENT AND DISCHARGE CONTROL". WHEREAS, the Federal Water Pollution Control Act (Clean Water Act, 33 USCA Section 1251 et seq.) as implemented by the United States Environmental Protection Agency regulations, make necessary the adoption of plans and programs for storm water management; and, WHEREAS, Section 402 (p) of the Clean Water Act requires that all large-sized (population 250,000 and greater) and medium-sized (population of 100,000 to 249,999) incorporated municipalities must: (a) Effectively prohibit non-storm water discharges into the storm water conveyance system; and, (b) Establish controls to reduce the discharge of pollutants from storm water conveyance systems to waters of the United States to the maximum extent practicable; and, WHEREAS, the State of California Porter-Cologne Water Quality Control Act requires that there be a statewide program for control of the quality of the waters of the State and, further, requires that activities and factors which may affect the quality of the waters of the State be regulated in order to attain the highest reasonable water quality standard; and, WHEREAS, the United States Environmental Protection Agency regulations require permits for discharges from municipal storm water conveyance systems on a system-wide or jurisdiction-wide basis; and, WHEREAS, the California State Water Resources Control Board and the Regional Water Quality Control Board, San Diego Region, have determined that, in order to protect the waters of the United States, all jurisdictions within San Diego County, regardless of population, are tributary to a regional storm water conveyance system that serves an urbanized population greater than 250,000 and, therefore, must comply with the federal regulations for large-sized municipalities; and, 1 (; - 7 WHEREAS, the City of Chula Vista seeks to comply with all provisions of state and federal law; and, WHEREAS, on February 21, 2001 the California Regional Water Quality Control Board, San Diego Region issued Order Number 2001-01 (NPDES Permit No. CAS 0108758) which replaced Order No.90-42 and regulates storm water discharges by the City of Chula Vista and the 17 other municipalities of San Diego County, as well as the San Diego Unified Port District and the County of San Diego, collectively referred to as the Copermittees; and WHEREAS, Order Number 2001-01 requires the Copermittees to review and upgrade, if necessary, their storm water, grading, and other relevant ordinances and regulations as necessary to comply with the more detailed requirements of the new permit; and, WHEREAS, The Environmental Review Coordinator has determined that adoption of the Storm Water Management and Discharge Control Ordinance Amendment is exempt for the California Environmental Quality Act pursuant to Section 15307, Class 7 (Actions by Regulatory Agencies for Protection of Natural Resources). No further environmental review is necessary; and, WHEREAS, City staff reviewed Chapter 14.20 and other pertinent ordinances of the City of Chula Vista Municipal Code to ensure that the City's legal authority to control pollutant discharges from various land uses within the City are adequately defined, and meet all the requirements of Order No. 2001-01; and WHEREAS, City staff determined that although the existing ordinances adequately provided legal authority to implement Order 2001-01's requirements, certain amendments would be helpful to clearly define all issues contained the Order, and prevent possible ambiguities. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I. That Section 14.20.010 of the Chula Vista Municipal Code is amended to read: 14.20.010 Purpose and intent. The purpose of this chapter is to promote the health, safety, and general welfare of the citizens of the city of Chula Vista by: A. Prohibiting non-storm water discharges to the storm water conveyance system. 2 ~-¡; B. Preventing discharges to the storm water conveyance system from spills, dumping or disposal of materials other than storm water. C. Reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas ("urban runoff'), to the maximum extent practicable. D. Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in San Diego County. The intent of this chapter is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act (33 USCA Section 1251, et seq.) and its implementing regulations, the Porter-Cologne Water Quality Control Act (California Water Code Section 13020, et seq.) and its implementing regulations, and the San Diego Regional Water Quality Control Board Ordor No. 90 12 fNPDES Permit No. CA.Q 0108758) and any subsequent amendments thereto. (Ord. 2597 § 11,1994). SECTION II. That Section 14.20.020 of the Chula Vista Municipal Code is amended to read: 14.20.020 Scope. This chapter shall be interpreted in accordance with the definitions set forth herein and the provisions of this chapter shall apply to the direct or indirect discharge of pollutants into the city's storm water conveyance system. Further, this chapter shall be interpreted in accordance with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto: applicable implementing regulations; Ordor No. 90 12NPDES Permit No, CAS 0108758 and any amendment, revision, or re-issuance thereof; and the purposes and intent of this chapter. This chapter, among other things, provides for the prohibition of non-storm water discharges to the storm water conveyance system, the prohibition of iIIiGit-~connections to the storm water conveyance system, the requirement that all persons reduce the volume and character of pollutants related to urban activity 3 ¿-y entering the storm water conveyance system to the maximum extent practicable, and the establishment of enforcement mechanisms for violation of this chapter, including civil and criminal fines and penalties. (Ord. 2597 § 11, 1994). SECTION III. That Section 14.20.030 of the Chula Vista Municipal Code is amended to read: 14.20.030 Definitions. When used in this chapter, the following terms shall have the meanings ascribed to them in this section: A. "Basin plan" shall mean the "Comprehensive Water Quality Control Plan for the San Diego Basin" adopted by the Regional Water Quality Control Board, San Diego Region (July 1975September 1994), and approved by the State Water Resources Control Board, together with subsequent amendments. B. "Best management practices (BMPs)" shall mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. C. "Building permit" shall mean a permit issued by the building official pursuant to Chapter 15.20 CVMC. D. "California ocean plan" shall mean the "California Ocean Plan: Water Quality Control Plan for Ocean Waters of California" adopted by the State Water Resources Control Board in September 1991Julv 1997, and any subsequent amendments. E. "Clean Water Act" shall mean the federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 95-117 (33 USCA Section 1251, et seq.), and any subsequent amendments. 4 ~-/O F. "County health officer" shall mean the health officer of the county of San Diego department of public health or designee. G. "Development" shall mean: 1. The placement or erection of any solid material or structure on land, in water, or under water; 2. The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; 3. The grading, removing, dredging, mining, or extraction of any materials; 4. A change in the density or intensity of the use of land, including, but not limited to, a subdivision pursuant to the Subdivision Map Act (Government Code Section 66410, et seq.) and any other division of land, except where the division of land is brought about in connection with the purchase of such land by a public agency for public recreational use; 5. A change in the intensity of the use of water, or of access thereto; 6. The construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal entity; and 7. The removal or harvesting of major vegetation other than for agricultural purposes. As used in this definition, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Source: Government Code Section 65927). H. "Employee training program" shall mean a documented employee training program for all persons responsible for implementing a storm water pollution prevention plan. The employee training program shall include, but is not limited to, the following topics: (;-/1 5 1. Laws, regulations, and local ordinances associated with storm water pollution prevention, and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region; 2. Proper handling of all materials and wastes to prevent spillage; 3. Mitigation of spills including spill response, containment and cleanup procedures; 4. Visual monitoring of all effluent streams to ensure that no illegal discharges enter the storm water conveyance system; 5. Discussion of the differences between the storm water conveyance system and the sanitary sewer system; 6. Identification of all on-site connections to the storm water conveyance system; 7. Preventive maintenance and good housekeeping procedures; 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge. L "Enclosed Bays and Estuaries Plan" means the "California Enclosed Bays and Estuaries Plan: Water Quality Control Plan for Enclosed Bays and Estuaries of California," adopted by the State Water Resources Control Board April 1991. and all subsequent amendments. ~,!. "Enforcement agency" shall mean the city of Chula Vista or its authorized agents charged with ensuring compliance with this chapter. J.!S. "Enforcement official" shall mean the director of public works or his or her designee. K1. "Hazardous materials" shall mean any substance or mixture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through 6 & -( J.. decomposition, heat or other means, if such a substance or mixture of substances may cause substantial injury, serious illness or harm to humans, domestic livestock, or wildlife. kM. "UIiGit-~connection" shall mean any un permitted or undocumented physical connection to the storm water conveyance system which has not been approved permitted by the city of Chula Vista or the San Dieao Reaional Water Qualitv Control Board, or which drains illegal discharges either directly or indirectly into the storm water conveyance system. MI:'!. "Illegal discharge" shall mean any non permitted or nonexempt discharge to the storm water conveyance system that is not composed entirely of storm water, or is expressly prohibited by federal, state, or local regulations, laws, codes, or ordinances, NPDES Permit No, CAS 0108758, or degrades the quality of receiving waters in violation of basiR plan or California ocean plan standards any Plan Water Quality Objective. 0, "Inland Surface Water Plan" means the California Inland Surface Waters Plan: Water Quality Control Plan for Inland Surface Waters of California adopted by the State Water Resources Control Board on April 1991, and all amendments thereto, NE. "Land development permit" shall mean a permit issued by the director of public works pursuant to Chapter 15.04 CVMC. QQ. "Maximum extent practica ble.....íM.lli" shall mean, 'Nith respect to best management practices (BMPs), an individuol BMP or group of BMPs '",hich addresses a pollutant of concern, v.'hich has a cost of implementation reasonably reloted to the pollution control benefits achieved, and which is technologically f.easible.shall mean the technoloQy-based standard established by Conaress in Clean Water Act section 402(p)(3)(B)(iii) that municipal discharQers of Storrn Water discharaers must meet. MEP aenerally emphasizes pollution prevention and source control BMPs primarilv in combination with treatment methods servinQ as a backup, P.ß. "National Pollution Discharge Elimination System (NPDES) permit" shall mean a permit issued by the Regional Water Quality Control Board or the State Water Resources Control 7 ~ -/:3 Board, pursuant to Chapter 5.5, Division 7 of the California Water Code, to control discharges from point sources to waters of the United States, including, but not limited to: 1. California Regional Water Quality Control Board, San Diego Region, Order No. 90 12 (NPDES No. CA§ 0108758), NPDES municipal permit - Waste discharge Requirements for storm water and urban runoff from the county of San Diego, the incorporated cities of San Diego County, and the San Diego Unified Port District; 2. NPDES general permit for storm water discharges associated with industrial activities; 3. NPDES general permit for storm water discharges associated with construction activity; and 4. California Regional Water Quality Control Board, San Diego Region, general dewatering permits-{Gr4ef Nos. 91 10 and 9031). Q§. "NPDES general permit" shall mean a permit issued by the State Water Resources Control Board, including, but not limited to: 1. NPDES general permit for storm water discharges associated with industrial activities; and 2. NPDES general permit for storm water discharges associated with construction activity. RI. "Non-storm water" shall mean any water conveyed to the storm water conveyance system that is not entirely composed of storm water (also see definition of "storm water"). ð-. "Order No. 9012," dated July 16, 1990, shall mean San Diego Regional Water Quality Controi Board Order No. 90 12, which constitutes NPDES Permit No. Cll, 0108758, together with all amendments, and '""hioh is on file in the office of the city clerk as Dooument No. C090 287. +11. "Parking lot" shall mean an open area, other than a street or other public way, used for the parking of motorized vehicles, whether for a fee or free, to accommodate clients or 8 j ~ -/£( customers, or to accommodate residents of multifamily dwellings (I.e., apartments, condominiums, town homes, mobile homes, dormitories, group quarters, etc.). y~. "Person" shall mean any individual, organization, business trust, company, partnership, entity, firm, association, corporation, or public agency, including the state of California and the United States of America. w. "Plan Water Qualitv Obiective" means anv or all applicable requirements of the Basin Plan, the Enclosed Bavs and Estuaries Plan, the Inland Surface Water Plan, and the California Ocean Plan. V-~. "Pollutant" may include, but is not limited to, solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged soil, rock, sand, sediment, industrial waste, and any organic or inorganic contaminant whose presence degrades the quality of the receiving waters in violation of basin plan or California ocean plan standards. "Pollutant" includes, but is not limited to, fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC), lead, copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, and biocides. A "pollutant" also includes any substance defined as a pollutant under 40 CFR Section 122.2 and any contaminant which degrades the quality of the receiving waters in violation of basin plan or California ocean plan standards by altering any of the following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD), chemical oxygen demand (COD), nutrients, and temperature. Wi. "Premises" shall mean any building, lot, parcel, real estate, land, or portion of land, whether improved or unimproved. X~. "Receiving waters" shall mean surface bodies of water, as described in Order No. 90 12NPOES Permit No. CAS 0108758, which seNe as discharge points for the storm water conveyance system, including creeks, rivers, reseNoirs, lakes, lagoons, estuaries, harbors, bays, and the Pacific Ocean. 9 ~-(5: ¥AA. "Significant quantities" shall mean the volume, concentrations, or mass of a pollutant in a discharge that can cause or threaten to cause pollution, contamination, or nuisance; or adversely impact human health or the environment; or cause or contribute to a violation of any water quality standards applicable to the receiving water. ZBB. "Storm water" shall mean swfaGe-urban runoff and snow melt runoff and drainage associated with storm consistinq of only those discharQes which oriainate from precipitation events. Storm water is that portion of precipitation that flows across a surface to the storm water conveyance system or receivina waters. and cnow melt prior to contact with urban amac, agricultural areas, ::md/or other areas in which the natural environment Ras been significantly disturbed or altered, either directly or indirectly, as a reGult of human activity (also COG definition for "non Gtorm water"). For the purposes of this chapter, storm water runoff and drainage from areas that are in a natural state, have not been significantly disturbed or altered, either directly or indirectly, as a result of human activity, and the character and type of pollutants naturally appearing in the runoff that have not been significantly altered, either directly or indirectly, as a result of human activity, shall be considered "unpolluted" and shall satisfy the definition of "storm water" in this chapter. AACC."Storm water conveyance system" includes, but is not limited te--, means those municipal. private and/or natural facilities within the city of Chula Vista by which storm water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, and watercourses. OODD."Storm water pollution prevention plan" shall mean a document which describes the on-site program activities to utilize BMPs by the owner or operator of a business to eliminate or reduce pollutant discharges to the storm water conveyance system to the maximum extent practicable. A storm water pollution prevention plan prepared and implemented pursuant to any NPDES permit shall meet the definition of a "storm water pollution prevention plan" for the purposes of this chapter. 10 ~-Ic, GGEE."Watercourse" shall mean any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash in which waters flow in a definite direction or course, either continuously or intermittently, and which has a definite channel and a bed or banks. A "channel" is not limited to land covered by minimal or ordinary flow but also includes land covered during times of high water. "Watercourse" does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash. OOFF."Watercourse permit" shall mean a permit issued by the director of public works pursuant to Chapter 14.08 CVMC. €€GG."Wetlands" shall mean areas that are inundated or saturated by surface or ground waters at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 'Wetlands" generally includes swamps, marshes, bogs, and similar areas. (Ord. 2790,1999; Ord. 2597 § 11, 1994). SECTION IV. That Section 14.20.040 of the Chula Vista Municipal Code is amended to read: 14.20.040 Administration. The enforcement official shall administer, implement, and enforce the provisions of this chapter. Any powers granted to, or duties imposed upon, the enforcement official may be delegated by the enforcement official to persons in the employ of the city, or pursuant to contract. When deemed necessary by the enforcement official, the enforcement official shall prepare and present to the city council for approval regulations and proqrams consistent with the general policies established herein by the city council. The enforcement official shall enforce council-approved regulations and proqrams necessary to the administration of this chapter, and may recommend that the council amend such regulations and proqrams from time to time as conditions require. (Ord. 2597 § 11,1994). 11 (, -( 7 SECTION V. That Section 14.20.100 of the Chula Vista Municipal Code is amended to read: 14.20.100 Discharge of non-storm water prohibited. & It is unlawful for any person to discharge non-storm water into the storm water conveyance system, except as provided in CVMC 14.20.110. (Ord. 2597 § 11, 1994). !:L It is unlawful for anv person to cause either individuallv or iointlv anv discharqe into or from the Storm Water Convevance Svstem that results in or contributes to a violation of anv NPDES permit. Liabilitv for anv damaqe, abatement costs, or fines aqainst the permit holder caused bv such discharqe shall be the responsibilitv of the person(s) causinq or responsible for the discharqe, SECTION VI. That Section 14.20.110 of the Chula Vista Municipal Code is amended to read: 14.20.110 Exemptions to discharge prohibition. The following discharges are exempt from the prohibition set forth in CVMC 14.20.100; provided, that they do not cause or significantly contribute to violations of the water quality standards set forth in anv Plan Water Qualitv Objective tho basin plan or tho California ocean plan, or convey significant quantities of pollutants to receiving waters, or are a danger to public health and safety: A. Any discharge or connection regulated under a NPDES permit issued to the discharger and administered by the state of California pursuant to Chapter 5.5, Division 7 of the California Water Code; provided, that the discharger is in compliance with all requirements of the permit and other applicable laws, aM regulations, and proqrams. B. Discharges from the following activities will not be considered a source of pollutants to waters of the United States: 1. Discharges composed entirely of storm water; 2. Water line flushing and other discharges from potable water sources; 12 ?-If 3. Landscape irrigation and lawn watering; 4. Irrigation water; 5. Diverted stream flows; 6. Rising ground waters; 7. Uncontaminated Ggroundwater infiltration to the storm water conveyance system; 8. Uncontaminated pumped ground water not subject to any applicable NPDES or State Water Resources Control Board permit; 9. Passive foundation and footing drains (not including active groundwater dewatering systems); 10. Water from crawl space pumps; 11. Air conditioning condensation; 12. Springs; 13. Noncommerci31 Individual residential washing of vehicles; 14. Flows from riparian habitats and wetlands; 15. De-chlorinated swimming pool discharges; 16. Flows from fire fighting activities; 17. Street wash waters related to cleaning and maintenance by the city of Chula Vista or its contractor for said services; 4-S-. Waters not othorwise containing wastes has defined in California Water Code Section 13050(d) and California Health and Safety Code Section 25117. C. Any discharge which the enforcement agency, the county health officer, aR€IIef the Regional Water Quality Control Board. and/or the U.S. Environmental Protection Aqencv determines in writing is necessary for the protection of the public health and safety. (Ord. 2597 § 11, 1994). 13 ~ -(9 SECTION VII. That Section 14.20.120 of the Chula Vista Municipal Code is amended to read: 14.20.120 Reduction of pollutants contacting or entering storm water required. ^ It is unlawful f-or any person not to utilize BMPs to the ". maximum extent practicable to eliminate or reduce pollutants entering the city's storm water oonveyanoe system. B. In order to reduce the risk of non storm water or pollutant disoharges to the oity'e: e:torm water oonveyanoe system, the following minimum BMPe: e:hall be implemented: 1. Commcroial and Inductrial Business Related I\otivities. a. Storm ',Nater Pollution Prevention Plan. When the enforoement offioial determines that a businee:s or businese: related aoti-/ity causes or signific::1ntly contributes to violation of the water quality standards set forth in the basin plan or Calif-ornia ocean waters plan, or oonveyc signifioant quantities of pollutants to rooeiving wate re: , then the enforoement offioi;.:¡1 m;.:¡y require the businee:s to develop and implement a storm water pollution prevention pl;.:¡n (SWPPP). Bue:inee:e:ee: whioh may be required to prepare and implement a SWPPP inolude, but ;.:¡re not limited to, those 'Nhioh perform maintonanoo, storage, manuf;.:¡oturing, ;.:¡ssembly, equipment operations, vehiole loading, and!or oleanup aoti'/ities p;.:¡rti;.:¡lIy or wholly out of doom. b. Coordination with Hazardous Materi:::¡ls Response Plans and Inventory. .'\ny businee:e: subjoot to the hazardous materials inventory and rocponse program, pursuant to Chapter 6.95 of the Californi;.:¡ Health :::¡nd Safoty Code, shall inolude pro'/isions for compliance 'Nith this ohapter in its hazardoue: matcrialc recponco pl;.:¡n, including prohibitions of unlmvful non storm water discharges :::¡nd illegal discharges, 6-~D 14 and provisions requiring the use of BMPs to r-educe the discharge of pollutants in storm watef... c. Impervious Surfaces. Persons owning or operating a parking lot or an impervious surface (inoludin!J, B¡,¡t not limited to, service station pavements or paved pri'/ate streets and roads) used f-or automobile related or similar purposes shall clean those surfaces as fmquently and as thoroughly as is necessary, in accordance with BMPs, to pre'/ent the discharge of pollutants to the city's Gtorm wator oon'/ey:mce system. S\Neepings or cleaning residue from parking lots or impervious surfaces shall not be sv..ept or otherv:ise made or allowed to go into any storm water conveyance, gutter, or roadway, but must be die:posed of in aGeeraaAGO with region31 solid 'Naste prooedureG and praotioeG. 2. I\ctivities not Otherwise Regulated by Subsection (B)(1) of ThiG Section. ,^,ny person engaged in development or other activity not covered by subsection (B) of this section in the city of Chula Vist3 shall utilize BMPs to pre'/ent pollutants from entering the storm water conveyance systom by complying with all applicable local ordinances, the standard specifications for public 'Horks construction when performing public work, and applicable provisions of the NPDES general permit for storm wator dischar1Jes aÐsociated with construction activity issued by the State Water Resources Control Board (State Board Order No. 92 08 DWQ), and any subsequent 3mendments. (Or{j. 2597 § 11, 1991). Any person enoaoed in activities. which may result in Pollutants enterino the Storm Water Conveyance System, shall. to the maximum extent practical. undertake all measures to reduce the risk of illeqal discharqes. The followino requirements shall illillOC A. Best Manaqement Practices Implementation. It is unlawful for any person not to comply with BMPs and pollution control requirements established by the city or other responsible aqency to eliminate or reduce pollutants enterinq the city's 15 (;-JI storm water conveyance system. BMPs shall be complied with throuahout the life of the activity. B. Storm Water Pollution Prevention Plan. When the enforcement official determines that a business or business- related activity causes or may cause an illeaal discharQe to the storm water conveyance system, then the enforcement official may require the business to develop and implement a storm water pollution prevention plan (SWPPP). Businesses which may be required to prepare and implement a SWPPP include, but are not limited to, those which perform maintenance. storaae, manufacturina, assembly. equipment operations. vehicle loadinQ, and/or cleanup activities partially or wholly out of doors. C. Coordination with Hazardous Materials Response Plans and Inventory. Anv activity subject to the hazardous materials inventory and response prOQram. pursuant to Chapter 6.95 of the California Health and Safety Code, shall include provisions for compliance with this chapter in its hazardous materials response plan, inciudinQ prohibitions of unlawful non-storm water discharaes and illeQal discharaes, and provisions requirina the use of BMPs to reduce the discharqe of pollutants in storm water. D. Impervious Surfaces. Persons ownina or operatinq a parkina lot or an impervious surface (includina, but not limited to, service station pavements or paved private streets and roads) used for automobile-related or similar purposes shall clean those surfaces as frequently and as thorouahlv as is necessary, in accordance with BMPs, to prevent the discharqe of pollutants to the city's storm water conveyance system. Sweepinas or cleanina residue from parkina lots or impervious surfaces shall not be swept or otherwise made or allowed to ao into any storm water conveyance, autter, or roadway, but must be disposed of in accordance with reqional solid waste procedures and practices. E. Compliance with NPDES Permit for Storm Water Discharqes. Each discharqer, subject to any NPDES permit for storm water discharaes shall comply with all requirements of such permit. 16 C:J -,)- Á. SECTION VIII. That Section 14.20.160 is hereby added to Chapter 14.20 of the Chula Vista Municipal Code to read as follows: 14.20.160 lIIeaal Connection Prohibited. It is unlawful for any person to establish, use, or maintain any illeqal connection to the Storm Water Conveyance System, reaardless of whether such connection was made under a permit or other authorization or whether permissible under the law or practices applicable or prevailinq at the time of the connection, except as authorized in CVMC section 14.20.110 A. SECTION IX. That Section 14.20.170 is hereby added to Chapter 14.20 of the Chula Vista Municipal Code to read as follows: 14.20.170 Proof of Compliance Required. Proof of compliance with this chapter may be required in a form acceptable to the city prior to or as a condition of a subdivision map, site plan, deyelopment improyement plan, buildinQ permit. aradinq permit or any other permit or activity which may effect the storm water conveyance system and/or the waters enterina it. Proof of compliance shall be furnished upon request of the enforcement official. SECTION X. That Section 14.20.200 of the Chula Vista Municipal Code is amended to read: 14.20.200 Inspection and sampling. General. A. After obtaining legal entry to any premises in accordance with CVMC 1.16.010 or by consent, the representative of the enforcement agency shall have the right to: 1. Carry out any inspection and sampling activities on the premises as may be necessary to enforce the provisions and requirements of this chapter. Upon request, split samples shall be given to the owner and/or occupant of the premises. 2. Inspect any vehicle on the premises reasonably suspected of causing, contributing to, or being used to 17 ?--?-:3 transport an illegal discharge to the storm water conveyance system. 3. Conduct tests, analyses and evaluations to determine if a discharge of storm water is an illegal discharge or to determine if the requirements of this chapter have been met. 4. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site, or condition contributing to storm water pollution and constituting a violation of this chapter found during an inspection. 5. Inspect and copy pertinent records relating to the facility's operations, including inventories, chemical usage, materials, sources, hazardous materials manifests and disposal records, treatment and operations log books, and materials invoices. 6. Review and obtain a copy of the storm water pollution prevention plan prepared by the owner and/or occupant or facility operator, if such a plan is required. 7. Require the owner and/or occupant or facility operator to retain evidence, as instructed by the inspector, for a period not to exceed 30 days. 8. Review and obtain copies of all storm water monitoring data compiled by the owner and/or occupant or facility operator, if such monitoring is required. 9. Review and obtain copies of all records related to handling of pollutants and hazardous materials. B. The enforcement official may conduct routine or area inspections, which shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling or sampling in areas with evidence of storm water contamination, illegal discharges, discharge of non-storm water to the storm water conveyance system, or similar factors. /; -)f- 18 C. All enforcement officials shall have adequate identification. Enforcement officials and other authorized personnel shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor. (Ord. 2597 § 11, 1994). SECTION XI. That Section 14.20.220 of the Chula Vista Municipal Code is amended to read: 14.20.220 Authority to sample and establish sampling devices. With the consent of the property owner or occupant or pursuant to an seaf6I:1-inspection warrant, the enforcement official is authorized to establish on any property that discharges directly or indirectly to the municipal storm water conveyance system such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take samples of materials, wastes, and/or effluent as deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site. (Ord. 2597 § 11, 1994). SECTION XII. That Section 14.20.230 of the Chula Vista Municipal Code is amended to read: 14.20.230 Testing, monitoring or mitigation required - When. A. The enforcement official may require that any person engaged in any activity and/or owning or operating any facility which causes or !lli!Y-contributes to storm water pollution or contamination, illegal discharges, and/or discharge of non-storm water to the storm water conveyance system perform monitoring, including physical and chemical monitoring and/or analyses, and furnish reports as the enforcement official may specify, if: 1. The person, or facility owner or operator, fails to eliminate illegal discharges within a specified time after receiving a written notice to do so by the enforcement official7;.Q[ 2. The enforcement official has documented repeated violations of this chapter by the person or facility 19 b - oÌ:::;- owner or operator which have caused or contributed to storm water pollution. It is unlawful for such person or facility owner or operator to fail or refuse to undertake and provide the monitoring, analyses, and/or reports specified. Specific monitoring criteria shall bear a relationship to the types of pollutants which may be generated by the person's activities or the facility's operations. If the enforcement agency has evidence that a pollutant is originating from a specific premises, then the enforcement agency may require monitoring for that pollutant regardless of whether said pollutant may be generated by routine activities or operations. The person or facility owner or operator shall be responsible for all costs of these activities, analyses and reports. B. Any persons required to monitor, pursuant to subsection (A) of this section, shall implement a storm water monitoring program including, but not limited to, the following: 1. Routine visual monitoring for dry weather flows; 2. Routine visual monitoring for spills which may pollute storm water runoff; 3. A monitoring log including monitoring date, potential pollution sources, as noted in sub-sections (B)(1) and (2) of this section, and a description of the mitigation measures taken to eliminate any potential pollution sources. G-. The enforcement official may require a perÐon, or facility O'Nner or operator, to install or implement ctorm water pollution reduction or control measurec, including, but not limites to, prooess mosifioation to res~oe the generation of pollutants or a pretreatment program approved by the Regional Water Quality Control Board and/or the city of Chula Vista if: 4-. The pereon, or facility owner or operator, failc to eliminate illegal discharges after receiving a written notice from the enforcement official; 2-. The person, or facility owner or operator, failc to implement a storm water pollution prevention plan, ac roquired by the enforcement offioial; b-J-b 20 ð-. The anforooment official has documented repeated violations of this chaptor by any such parson or facility owner or operator which have caused or contributed to storm ',,",atar pollution. gç. If testing, monitoring or mitigation required pursuant to this chapter is deemed no longer necessary by the enforcement official, then any or all of the requirements contained in subsections (A), and (B) and (C) of this section may be discontinued. éQ. A storm water monitoring program prepared and implemented pursuant to any state-issued NPDES general permit shall be deemed to meet the requirements of a monitoring program for the purposes of this chapter. All monitorinQ data and analytical evaluation/assessment reports required by such a permit shall be submitted to the city at the same time the data and reports are submitted to the ReQional Water Quality Control Board. (Ord. 2597 § 11, 1994). SECTION XIII. That Section 14.20.310 of the Chula Vista Municipal Code is amended to read: 14.20.310 Administrative enforcement powers. The enforcement agency and enforcement official can exercise any enforcement powers as provided in CVMC Title 1. In addition to the general enforcement powers provided in CVMC Title 1, the enforcement agency and enforcement official have the authority to utilize the following administrative remedies as may be necessary to enforce this chapter: A. Cease and Desist Orders. When the enforcement official finds that an ~discharge has or is likely to occur takeR place or iß likely to take place in violation of this chapteror an illeQal connection is in place, the enforcement official may issue an order to cease and desist such discharge, practice, or operation likely to cause such discharge and direct that those persons not complying shall: 1. Comply with the applicable provisions and policies of this chapter; 21 r; -)7 2. Comply with a time schedule for compliance, which may consist of a duty to cease and desist immediately: and 3. Take appropriate remedial or preventive action to prevent the violation from recurring. B. Notice to Clean and Abate. Whenever the enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants entering the city's storm water conveyance system or a non-storm water discharge to the city's storm water conveyance system, the enforcement official may issue orders and give written notice to remove same in any reasonable manner. The recipient of such notice shall undertake the activities as described in the notice. C. Storm Water Pollution Prevention Plan. The enforcement official shall have the authority to establish elements of a storm water pollution prevention plan, and to require any owner or occupier of any premises to adopt and implement such a plan, pursuant to CVMC 14.20.120(Bx+1W, as may be reasonably necessary to fulfill the purposes of this chapter. D. Employee Training Program. The enforcement official shall have the authority to establish elements of an employee training program, as may be necessary to fulfill the purposes of this chapter, where such a program has been required as an element of a storm water pollution prevention plan. b Best Manaqement Practices. The enforcement official may establish the requirements of BMP for any Premises pursuant to CVMC section 14.20.040. é-E. Civil Penalties. Notwithstandinq any other provision of the Municipal Code, AAy-Lperson who violates any of the provisions of this chapter or who fails to implement a storm water monitoring plan, violates any cease and desist order or notice to clean and abate, or fails to adopt or implement a storm water pollution prevention plan as directed by the enforcement official shall be liable for a civil penalty not to exceed ~$10,000 for each day such a violation exists. 22 b -.,)[3 The violator shall also be charged for the full costs of any investigation, inspection, or monitoring survey which led to the detection of any such violation; for abatement costs; and for the reasonable costs of preparing and bringing legal action under this subsection. In addition to any other applicable procedures, the enforcement agency may utilize the lien procedures of Chapter 1.30 CVMC to enforce the violator's liability. The violator may also be liable for compensatory damages for impairment, loss or destruction to water quality, wildlife, fish and aquatic life. (Ord. 2597 § 11,1994). G. Administrative Citations. NotwithstandinQ any other provision of the Municipal Code. a person who violates any provision of this chapter or disobeys an enforcement order may be issued an administrative citation by the enforcement official reQuirinQ immediate corrective action and imposinQ an administrative fine in an amount as set forth in CVMC 1.41.100 (0)(1). SECTION XIV. That Section 14.20.320 of the Chula Vista Municipal Code is amended to read: 14.20.320 Administrative notice, hearing, and appeal procedures. Administrative notice, heming, and appeal procedures shall be 3S specified in CVMC 13.06.110, except all references to "title" shall mean "Chapter 14.20 CVMC," references ts "sower" 6hall be interpreted as "!:torm '.vater oon'..eyanoe sy!:tem," and "method!: of administrative enf{)rcement" Ghall mean any and all remedies available to the enforcement official under CVMC 14.20.310. (Ord. 2597 § 11, 1994). & Service. Unless otherwise provided herein, any order. notice of violation, or other notice required to be Qiven by the enforcement official under this chapter shall be in writinQ and served in accordance with CVMC section 1.40.030. ~ Notice Contents. NotwithstandinQ any other provision of the Municipal Code, when the enforcement official determines that a violation of one or more provisions of this chapter exists or has occurred. any violator(s) may be served with a written notice of violation and order. The notice and order 23 {;-4 shall state the municipal code section violated, describe how violated, the location. date(s) and time(s) of the violation(s), and describe the corrective action required, The notice and order may require immediate corrective action by the violator(s) and explain which method(s) of enforcement the citv is utilizinq, The notice and order shall explain the consequences of failinq to complv, Finallv, the notice and order shall identify all hearinq/appeal riqhts and specifv the issuinq officer. C. HearinQs and Appeals. Notwithstandinq anv other provision of the Municipal Code, a violator mav request a hearinq to contest the enforcement official's determination that a violation has occurred. Such request must be in writinQ and received bv the citv within ten calendar (10) davs of service of the notice of violation (or 30 calendar davs for out-of-state residents) in a form approved bv the enforcement official. If the citv does not receive such a written request within ten calendar (10) davs (or 30 calendar davs for out-of-state residents), it shall constitute a waiver of the riqht to a hearinq and adiudication of all or anv portion of the notice and order. Once a request for a hearinq is received, the hearinQ shall be conducted pursuant to Sections 1.40.020 B. throuqh I. and 1.40.070 of the CVMC, If the violator(s) fails to attend the hearinq, it shall constitute a waiver of the riqht to a hearinq and adiudication of all or any portion of the notice and order. SECTION XV. That Section 14.20.340 of the Chula Vista Municipal Code is amended to read: 14.20.340 Violations deemed a public nuisance. In addition to the other civil and criminal penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, and welfare and is declared and deemed a public nuisance, which may be summarily abated and/or restored as directed by the enforcement official in accordance with the procedures identified in this chapter or Chapter 1.30 CVMC. A civil action to abate, enjoin or otherwise compel the cessation of such nuisance may also be taken by the city, if necessary. The full cost of such abatement and restoration shall be borne by the owner of the property, and the cost thereof shall be a 24 (;;-!xJ lien upon and against the property in accordance with the procedures set forth in Chapter 1.30 CVMC. (Ord. 2597 § 11, 1994). SECTION XVI. This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Submitted by: Approved as to form by: 1)~ 7. ~ Oe~ John P. Lippit John M. Kaheny Director of Public Works City Attorney 25 b-d! MEMORANDUM February 15,2002 TO: The Honorable Mayor and City Council FROM: John P. Lippitt, Director of Public Works/Engineer ~/~' SUBJECT: Attachment for Item 6 on the February 19, 2002 Council Agenda Item 6 on the agenda for February 19, 2002 is approving the City of Chula Vista's Jurisdictional Urban Runoff Management Program (JURMP) document and authorize submittal of the document to the San Diego Regional Water Quality Control Board (SDRWQB). The document (attached) is still in draft form as prepared by the City's consultant Environmental Business Solutions. The consultant is working on a few changes and those changes will be submitted to Council on or before the Council meeting of February 19th, Once the Council approves the document, it will be submitted to the SDRWQCB for their review and approval. Most likely, there will be changes and requests made that will need to come back to the City for staff to revise. Therefore, it is unlikely that the JURMP will be in its final form. Staff and the consultant are preparing a Powerpoint Presentation for Tuesday evening's meeting so that if the Council wishes to hear it and/or has questions, they can be addressed at that time. Attachment: Draft JURMP Document rlEngineerlAGENDA VURMP info"doc Ifem #(p February 7, 2002 ~!~ -~- ~ Jurisdictional Urban Runoff Management Program mY OF CHUIA VISTA CITY OF CHULA VISTA JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM \ Executive Summary Table of Contents 1.0 Introduction 1.1 1.2 1.3 1.4 ollutants 2.0 M n Water quality Prioritization Implementation Maintenance of Municipal Separate Storm Sewer System Management of Pesticides, Herbicides, and Fertilizers Inspection of Municipal Areas and Activities Enforcement of Municipal Areas and Activities 3.0 Industrial (Existing Development) Component 3.1 Pollution Prevention 3.2 Sources Identification 3.3 Threat to Water Quality Prioritization 3.4 BMP Implementation 3.5 Monitoring of Industrial Sites 3.6 Inspection ofIndustrial Sites 3.7 Enforcement Measures for Industrial Sites 3.8 Reporting of Non-compliant Sites Environmental Business Solutions, Inc. I February 7, 2002 ~If? --- :to...."", Jurisdictional Urban Runoff Management Program CIlY Of CHUlA VISTA 4.0 Commercial (Existing Development) Component 4.1 Pollution Prevention 4.2 Sources Identification 4.3 BMP Implementation 4.4 Inspection of Commercial Sites and Sources 4.5 Enforcement of Commercial Sites and Sources 5.0 Residential (Existing Development) Componen 5.1 5.2 5.3 5.4 6.0 La 6.1 to ral Plan 6.2 ation Development Project Approval Process 6.3 vision to Environmental Review Process 6.4 Education on New Development and Redevelopment 7.0 Construction Component 7.1 Pollution Prevention 7.2 Grading Ordinance Update 7.3 Modify Construction and Grading Approval Process 7.4 Source Identification 7.5 Threat to Water Quality Prioritization 7.6 BMP Implementation 7.7 Inspection of Construction Sites 7.8 Enforcement of Construction Sites 7.9 Reporting of Non-compliant Sites 7.10 Education on Construction Activities Environmental Business Solutions, Inc. Z February 7, 2002 ~I~ -T!- ~ Jurisdictional Urban Runoff Management Program OIY Of CHUIA VISTA 8.0 Illicit Discharges Detection and Elimination Component 8.1 Illicit Discharges and Connections 8.2 Dry Weather Analytical Monitoring 8.3 Investigation/Inspection and Follow-up 8.4 Elimination of Illicit Discharges and Connections 8.5 Enforce Ordinance 8.6 Prevent and Respond to Sewage Spills and Othe 8.7 Public Reporting of Illicit Discharges and 8.8 Disposal of Used Oil and Toxic Materials 8.9 Limiting Infiltration ITom Sanitary Sewer 9.0 Education Component 10.0 11.0 12.0 13.0 14.0 Conclusions and Recommendations 15.0 References/Abbreviations and Definitions 16.0 Appendix - Municipal Sites- City Buildings - Municipal Sites- Parks Municipal Sites- Open Spaces Municipal Sites- Channels Industrial Sites - Commercial Sites Residential Sites Construction Sites- City Buildings - Construction Sites- Industrial Sites - Construction Sites- Commercial Sites - Construction Sites- Residential Environmental Business Solutions, Inc. 3 February 7, 2002 ~Ift. --- ~Ot~~ Jurisdictional Urban Runoff Management Program ŒYOF CHUIA VISTA EXECUTIVE SUMMARY In 1972, the Federal Water Pollution Control Act (also known as the Clean Water Act [CWA]) was amended to provide that the discharge of pollutants to waters of the United States ITom any point source would be effectively prohibited unless the discharge is in compliance with the National Pollutant Discharge Elimination System (NPDES) permit. Throughout the 1970s, the United States Environmental Protection Agency (U.S. EPA) did not concentrate on discharges ITom storm water but instead concentrated on controlling discharges from point sources such as industrial facilities publicly owned treatment works (POTW). On November 16, 1990, U.S. EPA published final regula requirements for storm water permits for industrial faci!" sewer systems (MS4s). In response to these trol Board (SDRWQCB ge Requirements for Discharges orm Water Sewer System (MS4) Dra iego, the Incorporated Cities of San Diego ort District" (Municipal Permit). The City ofCh implemented programs that addressed water quality issues and safety and general welfare of the residents ofChula Vista. The icipal Permit Order No. 2001-01 was adopted by the SDRWQCB on F ebru 01. The City of Chula Vista are continuing and accelerating their existing programs in order to maintain compliance with all federal, state, regional, and local laws and regulations. The 2001-01 Municipal Permit focuses on eight components as outlined below: F.l. Land-Use Planning for New Development and Redevelopment F.2. Construction F.3. Existing Development a. Municipal b. Industrial c. Commercial d. Residential FA. Education F.5. Illicit Discharge Detection and Elimination F.6. Public Participation F.7. Assessment of Jurisdictional Urban Runoff Management Program (JURMP) Effectiveness F.8. Fiscal Analysis Environmental Business Solutions, Inc. if February 7, 2002 ~!~ --- ~~:::-~ Jurisdictional Urban Runoff Management Program mY OF CHUIA VISTA This document is divided into 15 chapters, which address the above-referenced components specified in the Municipal Permit, and is structured as follows: 1.0 Introduction 2.0 Municipal Component 3.0 Industrial Component 4.0 Commercial Component 5.0 Residential Component 6.0 Land-use Planning for New Development and 7.0 Construction Component 8.0 Illicit Discharge Detection and Eliminatio 9.0 Education Component 10.0 Public Participation Component 11.0 Assessment of Jurisdiction nt 12.0 Fiscal alysis Co 13.0 14. 15. 16. Each secti t City ofChula Vista (City) is currently doing to implement Permit and what additional changes are necessary to continue to implement ogram. A number of changes are already in the works, such as General Plan review, environmental review process, and ordinance review and update. These are some of the areas that need to be evaluated, and in which potential changes need to be made to assist in the implementation of the JURMP. The overall goal of the document is to provide guidance to the various internal departments ofthe City and to establish a record of the programs the City is currently managing to reduce storm water pollution. The City has been making a comprehensive effort to educate the public and to provide incentives for the public to reduce or control activities that may impact storm water by providing outreach programs such as: the South Bay Regional Used Oil Project, storm drain inlet stenciling, and three public workshops. The City intends to implement the Municipal Permit and to assist in the protection of beneficial uses of receiving waters. The JURMP outlines these programs and establishes the goals the City intends to achieve and how the City will accomplish them. Each section of this JURMP has been developed with the goal of implementing the specific component in the Municipal Permit. Sections 2.0,3.0,4.0, and 5.0 focus on existing development in the municipal, industrial, commercial, and residential component of the Municipal Permit, including inventory, inspection, maintenance, and enforcement tasks. Sections 6.0 and 7.0 focus on new development and redevelopment plus the Environmental Business Solutions, Inc. Ei February 7, 2002 ~!f? ~fi- ~ Jurisdictional Urban Runoff Management Program <J1Y OF CHUlA VISTA construction that addresses the control of erosion, sediment, and other pollutants from these activities. The remaining sections focus on the City's plans to increase public education and participation in reducing pollutants in storm water by changing how the public conducts their activities. A requirement of the Municipal Permit is to assess the effectiveness of the JURMP at the end of one year. Based on these findings, the City is to revisit the affected section of the JURMP and to update any procedures or processes that will increase the effectiveness and implementation of the JURMP. Environmental Business Solutions, Inc. to February 7, 2002 ~{~ -fi- ~::t:::::~ Jurisdictional Urban Runoff Management Program cnv Of CHUlA VlsrA 1.0 INTRODUCTION 1.1 Purpose of Document This document addresses the requirements specified in the Municipal Storm Water Permit for the County of San Diego, the San Diego Unified Port District and the 18 Incorporated Cities within the County of San Diego, and helps to guide the City ofChula Vista's (City's) various departments and employees as well as businesses, developers, residents, contractors, etc., to the neces steps that should be taken to implement this program. This document is intended to be a dynamic doc nformation to the City's storm water programs become availab the implementation of this Jurisdictional Ur ogram (JURMP) document, the appropria ent will be updated to re t and inco s developed and is stem (GIS) database and t information into this e activities and areas the City will focus on to uni pal Permit. 1.2 Storm water runoff ITom urban areas, industrial facilities, and areas undergoing development and/or redevelopment have been identified as concerns to receiving waters of the United States. Pollutants commonly found in urban storm water runoff include but are not limited to heavy metals, pesticides, fertilizers, trash, sediments, solvents, and oils. These pollutants are picked up from streets, parking lots, industrial facilities, and construction sites as storm water flows through these areas and drains to streams, lakes, and oceans. In general, the more heavily developed the area, the greater the impact to receiving waters ITom urban runoff. Once these pollutants enter the receiving water they may become harmful to aquatic life and human health. Locally, we see the impacts affecting swimmers near storm drain outfalls and in the annual number of beach closures. These impacts translate into losses to the City's annual tourism, recreation and natural resources. The City has been making a comprehensive effort to educate the public, to identifY areas contributing pollutants, and to control the impact ITom storm water runoff through a number of established programs. These efforts include the South Bay Regional Used Oil Project (SBRUOP), beach cleanup projects, storm drain Environmental Business Solutions, Inc. 1-1 7 February 7, 2002 ~I~ ~!I!!- ~~::t~ Jurisdictional Urban Runoff Management Program 0lY OF (HUlA VISTA inlet stenciling programs, storm drain cleaning, incident response, construction site inspections, review of development and redevelopment studies, plans and documents, and public workshops. The City plans to continue these activities and programs and has included them in this JURMP. 1.3 Summary of NPDES Requirements The 1972 Clean Water Act (CWA) established the National Pollutant Discharge Elimination System (NPDES) permit program to regulate the discharges of pollutants ITom point sources to the water of the United States. I 1987 the CWA was amended and in 1990, federal storm water regulati by the Untied States Environmental Protection Agency (U.S. EP ted to control discharges of pollutants ITom industrial activities, ,and municipal separate storm sewer systems (MS4). r Quality Control Board - San Diego Region first tin 1990. I WQCB) - NPDES Permit (Municipal 1 8, to the County of San P d the 18 Incorporated Cities of San ul is a copermittee to this Municipal Permit equirements specified in this permit. 0 the Municipal Permit, the City has developed its JURMP, which the following components as outlined in the Municipal Permit: F.l. Land-Use Planning for New Development and Redevelopment F.2. Construction F.3. Existing Development a. Municipal b. Industrial c. Commercial d. Residential FA. Education F.5. Illicit Discharge Detection and Elimination F.6. Public Participation F.7. Assessment of Jurisdictional URMP Effectiveness F.8. Fiscal Analysis The JURMP is divided into 15 sections addressing the 8 components outlined in the Municipal Permit and referenced-above. The City is also in the process ofreviewing its internal documents and its project approval processes to incorporate the relevant portions of the Municipal Permit Environmental Business Solutions, Inc. 1-2 2? February 7,2002 ~ ! ft.. -Ti- ~~~¡;: Jurisdictional Urban Runoff Management Program rnv OF CHUlA VISfA requirements into these processes and procedures. The following documents and departments will be part of this review and evaluation: 1. General Plan 2. Storm Water Management and Discharge Control Ordinance 3. Environmental review process 4. Engineering Division 5. Planning Division 6. Building Division 7. Public Works Operations Division 1.4 Overview of Copermittee Potential Significant Pursuant to 40 CFR 122.26(d)(2)(iv)(B)(I), the fì of non-storm water discharges need only be prohibite ch categories are identified by the Copermittee s to waters of the United S er infiltration pumped groundwater ains ngs . Water ITom crawl space pumps 8. Footing drains 9. Air conditioning condensate 10. Flows from riparian habitat and wetlands 11. Water line flushing 12. Landscape irrigation 13. Discharges from potable water sources other than water main breaks 14. Irrigation water 15. Lawn watering 16. Individual residential car washing 17. Dechlorinated swimming pool discharges. At this time the City will not prohibit the above-referenced discharges. As part of the internal review and inventories of industry, commercial and residential areas, the City will evaluate these discharges and decide if any discharge will be prohibited based on the impact to storm water. Should the City identify that a category is a significant source of pollutants, it will either prohibit the discharge or require best management practices (BMPs) to reduce the pollutant to the maximum extent practicable (MEP). Environmental Business Solutions, Inc. 1-3 '1 February 7, 2002 ~ ! ft.. -11- ~ Jurisdictional Urban Runoff Management Program cnv OF CHUIA VISTA 2.0 MUNICIPAL FACILITIES Introduction Permit Section F.3.a establishes requirements for local jurisdictions to develop and implement a program to prevent or reduce pollutants in urban runoff originating from existing Municipal Facilities, areas, and activities. It generally requires that high priority existing Municipal Facilities and activities be identified, that minimum best management practices (BMPs) be established for each priority, and that a process for ensuring the application of BMPs be implemented by the Copermittees. The goal of this program is to minimize or avoid the im tivities on receiving waters and other environmental resources in sta (City) and, where possible, to enhance the quality of these resource . cts of municipal activities entally sensitive areas. . ents and other applicable laws and . n Copermittee urban runoff programs. 2.1 The Permit requires the City to implement pollution prevention methods in its Municipal (Existing Development) Component and to require use by appropriate municipal departments and personnel, where appropriate. (emphasis added) The Copermittees have discretion in implementing their urban runoff management programs and the Permit indicates that pollution prevention will only be required where the Copermittees deem it appropriate. 2.1.1 Benefits of Pollution Prevention Pollution prevention comprises procedures and practices that eliminate or reduce the generation of pollutants at their source. A decrease in production can result in a decrease of waste; however merely reducing pollutant wastes does not guarantee efficiency. In addition to the environmental benefits of reducing waste, pollution prevention measures, if properly implemented, can decrease labor time associated with excess pollutant handling, thereby re-directing labor time more effectively. Environmental Business Solutions, Inc. 2-1 /0 February 7, 2002 ~!f? ~-- ~.;¡:¡¡;:¡¡;: Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISfA 2.1.2 Elements of Pollution Prevention The following pollution prevention principles apply to most municipal facilities, corporate yards, public buildings, and activities. . Use smaller quantities of toxic materials or substitute less toxic materials . Decrease wastewater flows . Change production processes to reduce waste . Recycle wastes . Segregate wastes . Treat wastes on-site to decrease volume and/or . Dispose of wastes properly 2.2 te annually, a watershed- iption of all municipal land areas e City has developed and utilizes a stem ) to create an automated database for its ity has mapped all municipal facilities, areas, and ect to proximity to receiving waters and environmentally . Appendix B contains the municipal inventory. 2.3 Threat to Water Quality Prioritization The Permit identifies six major categories/types of municipal facilities or activities that are considered minimum high priority activities. 2.3.1 Minimum High Priorities (I) Roads, Streets, and Parking Facilities These types of facilities may have the potential to generate many pollutants. Roads, streets, and parking facilities tend to collect litter and debris ITom nearby activities as well as vehicular traffic. In addition, other pollutants such as oils, grease, antifreeze, heavy metals, and battery acid can leak from vehicles. The fact that most, if not all, of these facilities are Environmental Business Solutions, Inc. 2-2 /1 February 7, 2002 ~(~ --- 't't~~ Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VlsrA impervious further exacerbates the situation. Most of these facilities also directly discharge into storm water conveyances and/or receiving waters in order to reduce the potential for flooding. (2) Flood Management Project and Flood Control Devices These types of projects or devices primarily collect and convey storm water to receiving water during storms in order to prevent flooding. The systems must be maintained so that they function hydraulically as intended during storm events. An unfortunate consequence is tha they may have the potential of transporting pollutants that are into them over long distances and ultimately into the same . The conveyance system receives pollutants ge ehicles, illegally disposed wastes, litter, sedime her pollutants. (3) e 'bi a line 200 feet outside of the . Any Municipal Facility property tentially subject to the requirements of as. A map depicting the Municipal facilities and ded in the appendices. (4) al Waste Facilities The Permit identifies the following Municipal Waste Facilities that must be managed as high priority. Only those facilities, highlighted in bold, are located in and pertain to the City: . Active or closed landfills . Publicly owned treatment works . Municipal Separate Storm Sewer Systems (MS4s) . Incinerators . Solid waste transfer facilities . Land application sites . Uncontrolled sanitary landfills . Corporate yards including maintenance and storage yards for materials, equipment, and vehicles . Sites for disposing and treating sewage sludge . Sanitary Sewer Collection System Environmental Business Solutions, Inc. 2-3 /2 February 7, 2002 ~ 'f?. --- ~"'~~ Jurisdictional Urban Runoff Management Program mY OF CHUIA VISTA (5) Municipal Sources Contributing Significant Pollutants Loads to the MS4 The Permit identifies "significant" pollutant loads as those that "cause or contribute to the violation of water quality standards." The City has not identified any Municipal Sources that are covered by this definition. (6) Municipal Airfields The City has no municipal airports. 2.3.2 Determination of Additional Priorities Although the Permit specifies minimum high prio vities, Section F.3.a(3) further requires the City to conduct an . to determine whether additional high priorities should as analyzed their inventories using the followi . . . . . . receiving waters . of receiving waters . yother relevant factors (I) Initial Prioritization The City has reviewed the dry weather monitoring and field screening data; the non-storm water discharges that are exempted by their ordinance; any complaints, violations and field investigations; and other relevant anecdotal information contained in reports ITom street sweeping, trash collection, and maintenance staff. The City has not identified any additional high priority municipal facilities or activities as a result of this initial prioritization. (2) Ongoing Prioritization Strategy Although the initial review and evaluation did not reveal any potentially high priority facilities or activities, the City will review their program priorities, at least annually, to ensure that they reflect the best available Environmental Business Solutions, Inc. 2-4 /3 February 7,2002 ~!~ -n- ~""'" Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISfA data and information. In conducting these periodic reviews the City will address the following questions: . Do the results support existing program priorities? (continue) . Do the results fail to support existing program priorities? (discontinue) . Do the results indicate that other priorities are needed? (new listing) 2.4 BMP Implementation This section provides a description of a) the types of activities City has that may have the potential to discharge pollutants, b) the veyances in the City, c) potential pollutants that may be present, ntial BMP options for each minimum high priority City cat f all these programs is to ensure storm water pollution pre considered when conducting activities at these 10 unicipal activities is included in Table 2-1, e of maintenance activities at all pollutant discharges to or ITOm its MS4s es. In addition, each Copermittee shall implement a nance activities for the MS4. as developed written maintenance activities and implementation schedules for their MS4s. Table 2-2 Maintenance Activities Schedule (Summary) Removal trash and debris from all drainage Annually-year round facilities, as needed based on dry weather monitoring, historic data and observations. Clean catch basins, culverts and concrete Annually-year round channeis, as needed Removal of accumulated silt, trash and vegetation Will be inspected and maintained from de-silting basins, detention ponds, and as necessary. (Pennit from channels Environmental Agencies may be required) Sewage spill prevention by inspection and Annually using televising cleaning of Sanitary Sewer Collection System equipment and sewer rehabilitation program schedule (CIP) Environmental Business Solutions, Inc. 2-5 ¡if February 7, 2002 ~!f? ~~- ~.;¡:..¡¡: Jurisdictional Urban Runoff Management Program CIIY OF CHUIA VIsrA stonn water As to approved Capital Improvement Program (CIP) Emergency stonn water repairs and construction As needed year round Illicit discharge detection and reporting As encountered-year round Properly handle materials and dispose of waste Always-year round removed from maintenance activities The City will maintain record keeping of all maintenance and cleaning activities, document spills, leaks, and other discharges of hazardous subs ces in reportable quantities. Spills and discharges are to be reported' .th the Permit and as detailed in Chapter 8 of this JURMP doc . . . . . . . potential pollutants associated with the Record keeping for preventive maintenance, cleaning, and inspections should contain the following information: . Date and time inspection performed . Name of inspector . Items inspected . Locations of facilities inspected . Overall amount of material removed . Type of material . Disposal site . Problems noted . Illegal/illicit connection noted . Corrective action required . Date corrective action was taken . Follow-up inspection information, if necessary. Environmental Business Solutions, Inc. 2-6 ;5 February 7,2002 ~I~ --- 't:..."" Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISTA 2.6 Management of Pesticides, Herbicides, and Fertilizers The Permit requires the Copermittees to implement BMPs to reduce the contribution of pollutants associated with the application, storage, and disposal of pesticides, herbicides and fertilizers from municipal activities and areas to the MS4. a) Facility Elements Potential municipal areas that may require management of pesticides, herbicides, or fertilizers include: . Municipal facilities and buildings. . Public rights-of-way . Parks . Recreational facilities and buildings . Golf courses b) g pesticides and fertilizers from urn extent practicable. rom entering the MS4 where feasible. c) Runoff from over or improper irrigation after the application of pesticides and fertilizers. . Application of pesticides and fertilizers prior to or during a storm event causing chemicals to runoff into MS4. . Use of improper pesticide or fertilizers that do not absorb into the soil or the plant and are likely to enter a MS4. . Over spray ITOm pesticide applications. d) BMPs The City has developed an Integrated Pest Management (IPM) program for its municipal activities. In addition, the City uses the following BMPs: . Strict compliance with the federal and state laws on pesticide application and handling. . Employees who apply pesticides are properly certified in accordance with state law. Environmental Business Solutions, Inc. 2-7 /6 February 7, 2002 ~I~ ~~- ~~~~ Jurisdictional Urban Runoff Management Program cnv OF CHUlA VIsrA . All employees who handle pesticides are trained and familiar with the most recent material safety data sheet (MSDS) files. . Whenever possible compost and soil amendments are used in place of fertilizers. . All pesticides are stored inside a secure building. . Monthly inspections are conducted by appropriately certified personnel to ensure proper storage, handling, and disposal of pesticides. . Reporting and recordkeeping for the use of fertilizers and pesticides include the location, frequency, amount, type, and e of application. 2.7 Inspection of Municipal Areas and Activities The permit requires, at a minimum, annual ins municipal areas and activities. Munici inspected by municipal inspectors facilities . e and Ci staff may utilize the following ITamework when . ect the municipal facility to evaluate and determine any potential pollutant discharges, and whether any pollution prevention measures are required. Determine ifBMPs are needed and being used where necessary. . Determine whether BMPs are being effectively implemented and properly maintained. . Follow up, if required. . Provide staff training as necessary. Section 2.4 of this chapter provides a mechanism to help the inspector in determining if minimum water quality protection requirements and BMPs for municipal activities are being met. 2.7.2 Facility Inspections Storm water management is a dynamic operation where changes are expected. BMPs that require frequent maintenance to maintain their effectiveness or require relocation, revision, and re-installation should be of particular concern. Environmental Business Solutions, Inc. 2-8 17 February 7, 2002 ..~_M~ -~- Jurisdictional Urban Runoff Management Program OIY OF CHUlA VlSfA Facility inspections are recommended especially just prior to and during the rainy season. There are four primary purposes for Facility inspections at municipal facilities: . To ensure that BMPs are properly implemented and functioning effectively . To identify maintenance and repair needs . To ensure proper implementation of storm water management plans . To make sure that staff is aware of the storm water management requirements. Facility inspections should be conducted by the trained inspect subject to the State General Permit for Industrial Acti . . perform self-inspections. 2.8 ordinances for ill conduct e inspectors will work with ted. If the noncompliance is a the City the enforcement action could range e assessment of fines in accordance with the City a mg enforcement steps, and providing flexibility for inspectors propriate compliance time ITames on a case-by-case basis should be needed to ensure compliance. If the City storm water inspector observes a significant and/or immediate threat to water quality, action should be taken to require the responsible party to immediately cease the discharge. The Operations Division or other City divisions will respond to these types of incidences, and inform other agencies where necessary. Environmental Business Solutions, Inc. 2-9 IF February 7, 2002 ~!f? ~-- ~ Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VlsrA 3.0 INDUSTRIAL (EXISTING DEVELOPMENT) COMPONENT Introduction The State Water Resources Control Board (SWRCB) adopted a statewide Waste Discharge Requirements (WDRs) for Discharges of Storm Water Associated with Industrial Activities Excluding Construction Activities (General Industrial Permit) for industrial facilities on November 19, 1991. The monitoring requirement of this General Permit was amended on September 17, 1997. This five-year General P it was reissued in 1997 under Water Quality Order No. 97-03-DWQ National ischarge Elimination System (NPDES) General Permit Number C The San Diego Regional Water Quality Control Board Order No. 2001-01, NPDES No. CASOI08758 on Febru it). Though this is a municipal permit, and there is a st rial facilities, the Municipal Permi sa num y the City of Chula Vista gement Program (JURMP) focuses ermit. The area that will be addressed in tion, 3.2 Sources Identification, 3.3 Threat to Water mplementation, 3.5 Monitoring oflndustrial Sites, 3.6 Sites, 3.7 Enforcement Measures for Industrial Sites, and 3.8 -Compliant Sites. 3.1 Pollution Prevention A number of pollutants identified in urban runoff have been found to have persistent, bioaccumulative, and toxic characteristics that may pose significant health and environmental concerns. One component identified for urban runoff is industrial facility activities. Pollution prevention comprises practices and procedures that eliminate or reduce the generation of pollutants at their source. Source control is the most effective method of controlling pollutants ITom entering storm water from a facility. Merely reducing pollutant waste does not guarantee efficiency. An industry must review its production process to determine areas of potential reduction and/or process changes to decrease waste. Pollution prevention approaches can be applied to all pollution-generating activities; these approaches can be the reduction of waste generation, converting to less hazardous materials in industrial processes, reduction in outdoor activities, and increasing good housekeeping practices. Environmental Business Solutions, Inc" 3-1 /1 February 7, 2002 ~If? ~-- ")¡¡~:::-~ Jurisdictional Urban Runoff Management Program CITY Of CHUIA VISTA 3.2 Sources Identification The Municipal Permit requires that each copermittee develop and update annually a watershed-based inventory of all industrial sites within its jurisdiction. This requirement is applicable to all industrial facilities regardless of whether the industrial facility is subject to the California statewide General NPDES Permit for Storm Water Discharges Associated With Industrial Activities, Except Construction or other individual NPDES permit. The City has used its geographical information system base to meet the requirements of the industrial component of the M t this time the City has identified all industrials within its j ategorized them as high priority. During the fIrst year of ntation, the City will conduct investigation and insp e priority of each facility, and then prioritize m The City will use its busine license dat ase, and its field' facilities to determine the fac' will be scheduled for n of the facilities, the City will develop an inspection 'Iities, and evaluate the appropriate BMPs or runoff pr at the facility. The inspection process also includes verification of ect SIC code for the facility. To assist the City and facility in identifYing the correct SIC code, refer to the Standard Industrial Classification Manual published by the United States Office of Management and Budget (1987).1 Facilities whose SIC are identified in the statewide general industrial permit will be required to initiate an NO! and to develop a storm water pollution prevention plan (SWPPP) for the facility. 3.3 Threat to Water Quality Industrial facilities may be required to develop and implement a SWPPP in accordance with the City standards and ordinances. Methods to be used by the City to prioritize facilities will be based on the requirement of the Municipal Permit and the statewide industrial general permit. These requirements include the following factors: I In 1997 the OMB introduced the North American Industrial Classification System-United States (NAICS) in response to the North American Free Trade Agreement. The NAICS provides greater standardization across North American economies, and the manual is intended to become the standard reference source. Environmental Business Solutions, Inc. 3-2 2D February 7, 2002 ~Ift. ~ - ~ Jurisdictional Urban Runoff Management Program mY OF CHUIA VISTA . Facilities tributary to Clean Water Act 303(d) impaired water bodies . Type of industrial activities (SIC code) . Materials used in industrial process . Wastes generated . Pollutant discharge potential . Non-storm water discharges . Size offacility . Proximity to receiving water bodies . Sensitivity of receiving water bodies . Whether the industrial facility is subject to the s I Industrial Permit . Any other relevant factors. 3.4 BMP Implementation t d' arge are required t practices (BMP) that BMPs for a variety of industrial 0 tion. Other sources for BMPs can be on of this document. es conduct a wide variety of activities based on the type and size y. A number of activities are common in most large sites. Some of activities may include, but are not limited to the following: . Loading and unloading . Vehicle fueling . Equipment storage . Landscaping . Solid waste . Hazardous materials and waste . Parking lots . Wastewater treatment . Rooftop runoff. Based on the activities conducted at industrial facilities, BMPs for these activities can be non-structural or structural. Non-structural are low cost and in most cases can be simple to implement and should be considered first in the development of a facilities BMPs program. Non-structural BMPs consist of procedures and practices that reduce or eliminate pollutants ITOm entering storm water and authorized non-storm water discharges. Structural BMPs consist of specialized Environmental Business Solutions, Inc. 3-3 2-1 February 7, 2002 ~!f? ~~- ~~~~ Jurisdictional Urban Runoff Management Program alYQf CHULA VISTA equipment, structural components, or engineered technologies that Can be used when non-structural BMPs are ineffective. 3.4.1 Non-structural BMPs The minimum non-structural BMPs that the City requires and that facility operators should consider at all industrial facilities are: . Good housekeeping . Employee training . Spill response . Self inspection . Pollution prevention and reduction measure . Recycling of solid waste and mat aCI ity operator/owner needs to r e facility's type and size of MPs that the City requires, as determined ity operator should consider are: . containment for outside hazardous materials storage areas. . rhead coverage for outside chemical storage areas. . Berms and concrete swales or channels that divert run-on and runoff away ITom pollutant sources. . Retention ponds, basins, or surface impoundments that confine storm water to the site. . Treatment control devices (e.g. oil water separators). 3.5 Monitoring of Industrial Sites As part of the inspection program, the City may require, as applicable, development of a monitoring program to evaluate the implementation and the effectiveness ofBMPs used by industrial facilities. The program will focus primarily on high priority facilities; however, the same program will apply to medium and low priority facilities but inspection will be conducted less ITequentiy. For facilities that are covered under the statewide general industrial permit, and have developed a SWPPP and a monitoring and reporting program, the City will request a copy of the NO!, SWPPP, and annual report to evaluate the Environmental Business Solutions, Inc. 3-4 22. February 7, 2002 ~ ! f?. -(1- ~ Jurisdictional Urban Runoff Management Program mY OF CHUlA VIsrA effectiveness of the facility's program. Criteria that the City will use to evaluate the program are: . Quantitative data collected ITOm two storm events in a year. . Data for pollutants listed in effluent guidelines subcategory. . Data for pollutants with effluent limits established by an existing NPDES permit for the facility. . Minimum analytical constituents specified in the Industrial Permit: 0 pH 0 Total suspended solids 0 Oil and grease or total organic carb 0 Specific conductance . Other chemicals likely to be present in sto 3.6 riority for the first year of or the inspection of these e inspected on an annual basis. g y elect to reduce its inspection of facilities s inspection results and the potential re-categorization Ilitles to medium or low priority. If a facility is in im the requirements of the statewide Industrial General Permit and can sho at the facility will maintain compliance throughout the year, the City can chose to inspect the facility every two years, as specified in the Municipal Permit. The City at this time has chosen not to change the inspection ITequencÿ to less than annually. In some cases the first visits will be a scoping visit to notify the owner or operator of the facility that they are responsible under the statewide General Industrial Permit and the City of Chula Vista storm water ordinance to comply with these regulations. Along with the process and procedures outlined in the City ordinance, the following additional procedures will be used as part ofthe scoping visit process: . Arrange an appointment . Provide written materials for developing a SWPPP . Provide other materials as part of the education process. At this time, if appropriate, verification of the SIC code will be made to increase the accuracy of the City's database. Environmental Business Solutions, Inc. 3-5 23 February 7, 2002 ~I(? --- ~'I:~~ Jurisdictional Urban Runoff Management Program CRY OF CHUIA VISTA A follow-up inspection will be scheduled (based on criteria developed by the City) to assess ifthe facility is implementing the requirements of the General Industrial Permit and/or the City's storm water ordinance, and maintaining the required BMPs. Enforcement action will be initiated according to the City's Ordinances, and will be reported to the SDRWQCB as required. Enforcement Measures for Industrial Sites The City has a number of mechanisms that can be used to bring a facility into compliance. These are: education, fines, and notification to the WQCB. The City will work with the facility operator/owner in imple d maintaining its program; however, ifthe facility continues to n rogram, the City will report the facility to the SDRWQCB as it. Once a facility has been targeted for reporting, the folio ïl be provided to the SDRWQCB: . . . sed to determine if an incident, practice or violation is present and a to human and environmental health will be: . A spill of a hazardous material or waste exceeding the threshold of a reportable quantity (see 40CFR 302.4). . A non-correction or control of a hazardous material spill leading to a water body. . A facility not seeking coverage under the Industrial general permit after it has been given notice that it is required. 3.7 Reporting of Non-Compliant Sites As stated above, any facility that has not implemented pollution prevention or required BMPs will be subjected to enforcement action in accordance with the City's Ordinances. Violations, actions, activities, or conditions deemed to pose a threat to human or environmental health will be orally reported to the SDRWQCB within 24 hours of discovery, with a follow-up written letter within 5 days. Environmental Business Solutions, Inc. 3-6 21 February 7, 2002 ..~~W~.. --- ~-<O;;;;;; Jurisdictional Urban Runoff Management Program OIY OF CHUIA VISTA 4.0 COMMERCIAL (EXISTING DEVELOPMENT) COMPONENT Introduction The San Diego Regional Water Quality Control Board (RWQCB) adopted Order No. 2001-01, NPDES No. CASO1O8758 on February 21, 2001 (Municipal Permit). This Municipal Permit has a number of components that must be addressed by the City of Chula Vista (City). One of these components is focused on commercial facilities and activities. This section of the Jurisdictional Urban Runoff Managem on the Commercial Component of the Municipal Permit. in this section are Pollution Prevention, Sources Identi Inspection of Commercial Sites and Sources, or Sources. 4.1 ffhave been found to have health and environmental concerns. One tributing pollutants to urban runoff is commercial ention comprises practices and procedures that eliminate orr eration of pollutants at their source. Source control is the most effi ethod of controlling pollutants from entering storm water from commercial activities. Commercial facilities must review their activities to determine areas of potential reduction and/or process changes to decrease potential pollutants. Pollution prevention approaches can be applied to all pollution-generating activities. These approaches can be the reduction of waste generation, converting to less hazardous materials in commercial processes, the reduction in outdoor activities, and increasing good housekeeping practices. 4.2 Source Identification The Municipal Permit requires that each copermittee develop and update annually a watershed-based inventory of all commercial sites within its jurisdiction. The information collected from this inventory, at a minimum, should include facility name, owner name and information, and address. The City has used its geographical information system (GIS) database and business license database to inventory high priority commercial activities as listed in F.3.c.(2) of the Permit. Environmental Business Solutions, Inc. 4-1 25 February 7, 2002 ~ ! It- - - ~....,,;;:: Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISTA The following commercial categories (as listed in the Permit) present a high threat to water quality and as such will be considered a high priority: . Automobile mechanical repair, maintenance, fueling, or cleaning . Airplane mechanical repair, maintenance, fueling, or cleaning . Boat mechanical repair, maintenance, fueling, or cleaning . Equipment repair, maintenance, fueling, or cleaning . Automobile and other vehicle body repair or painting . Mobile automobile or other vehicle washing . Automobile (or other vehicle) parking lot and storage . Retail or wholesale fueling . Pest control services . Eating or drinking establishments . Mobile carpet, drape, or furniture cleani . Cement mixing and cutting Masonry . If any commercial site/source listed above is inventoried as an industrial site, as required under section F.3.b.(2) ofthe Municipal Permit, it is not necessary to also inventory it as a commercial site/source. As part of the inventory and identification process, the City may include additional sites as high priority if the City determines that a commercial site meets one of the following criteria: . A commercial site is determined to contribute a significant pollutant load to the MS4. . A commercial site or source is tributary to a Clean Water Act (CW A) section 303(d) impaired water body, where the site or source generates pollutants for which the water body is impaired. . A commercial site or source is within or directly adjacent to or discharging directly to a coastal lagoon or other receiving water within an Environmental Business Solutions, Inc. 4-2 2Þ February 7, 2002 ~I~ - - ~ Jurisdictional Urban Runoff Management Program 01Y OF CHUlA VISTA Environmentally Sensitive Area (ESA) as defined in section F.l.b.(2)(a)vii of the Municipal Permit. During the inspection process, the City may designate additional commercial sites/sources as high priority. In such a case, the City will consider the following activities when reviewing the best management practice (BMP) plan for the site or facility: . Loading/unloading . Fueling . Landscaping/grounds keeping . Washing equipment and/or vehicles . Cleaning and maintaining parking lots . Storing significant materials . Storing equipment and/or veh' . Cleaning and maintai . S 4.3 B A list of minimum BMPs for a variety of commercial activities is included at the end of this section. Other sources ofBMPs can be found in the reference section of this document. Based on the activities conducted at commercial sites, BMPs for these activities can be non-structural or structural. Non-structural BMPs are low cost and in most cases can be simple to implement and should be considered first in the development of a commercial site BMPs program. Non-structural BMPs consist of procedures and practices that reduce or eliminate pollutants ITom entering storm water and authorized non-storm water discharges. Structural BMPs consist of specialized equipment, structural components, or engineered technologies that can be used when non-structural BMPs are ineffective. 4.3.1 Non-structural BMPs The minimum non-structural BMPs that the City requires, and that facility operator should considered at all commercial facilities are: Environmental Business Solutions, Inc. 4-3 21 February 7, 2002 ~{ft. ~-- ~~~~ Jurisdictional Urban Runoff Management Program OIY OF CHUIA VISfA . Good housekeeping . Employee training . Spill response . Preventative maintenance . Self inspection . Pollution prevention and reduction measures . Recycling of solid waste and materials. 4.3.2 Structural BMPs Because structural BMPs are site-specific, the co ator/owner needs to evaluate which BMPs will be effective £ activities and operations. The minimum structural BMPs that determined necessary, and that commercial site operator sh . AI nimum BMPs for a variety of commercial activities is included at the end of this section. All structural BMPs to be constructed shall required approval by the City Engineer prior to installation. 4.4 Inspection of Commercial Sites and Sources After the determination has been made that commercial facilities are classified as high priority, the City will develop a schedule for the inspection of these facilities that will be based on dry weather field screening data, historical violation data, historical records, and on an as needed basis. High priority facilities will be inspected on an as needed basis. If the City determines that a visit is required, the visit will be a scoping visit to notify the owner or operator of their responsibility under the City's storm water ordinance and the Municipal Permit. This opportunity will be used to educate the facility owner/operator on how the facility should comply with these regulations. A follow-up inspection may be scheduled (based on criteria developed by the City) to see if the facility is attempting to comply with the requirements of the City storm water ordinance and the Municipal Permit. Facilities found in non- Environmental Business Solutions, Inc. 4-4 2f: February 7, 2002 ~If? -di!!- ~-c"';;;: Jurisdictional Urban Runoff Management Program cnv OF CHUlA VISTA compliance with the City storm water ordinance subject to enforcement action according to the City's ordinances. 4.5 Enforcement of Commercial Sites and Sources . The City has a number of mechanisms that it can use to bring a commercial site into compliance. These include fines, and notification to the RWQCB. The City will work with the commercial site operator/owner to bring the site into compliance; however, if the commercial site continues to not comply, enforcement actions will be initiated according to the City's ordinances. Environmental Business Solutions, Inc. 4-5 . ,/"' £-'-J February 7, 2002 ~I(? --- .:t;...,¡;;;;¡;: Jurisdictional Urban Runoff Management Program aJY OF CHUIA VISfA 5.0 RESIDENTIAL (EXISTING DEVELOPMENT) COMPONENT Introduction The City of Chula Vista (City) is home to more than 175,000 people within an area of approximately 32,000 acres. The Municipal General Permit Order No. 2001-011 section F.3.d3 establishes requirements for local jurisdictions to develop and implement a program to reduce or eliminate pollutants in urban runoff originating ITom existing residential areas. It requires that high priority existing residential areas d activities be identified, that minimum best management practices BMPs be d, and that a process for ensuring the application of theses BMPs be im forced by the City. This document outlines the steps the City is curr contribution of pollutants ITom existing residential are teps the City will take to impleme e Munici of this section of the (JURMP) is to minimize areas on receiving waters and other envi ere possible, enhance the quality of these reso 5.1 Th as over the last few years instituted programs to inform and educate the public on the potential impacts from residential activities. The program includes identification of potential pollutants of concern ITom residential activities and areas, and targeting the citizens with outreach and education programs. The outreach and education program should focus on changing people's attitude and behavior toward the importance of preventing water pollution and maintaining the quality of water resources. Because pollution prevention is the most economical and effective way of protecting water quality, this element has the highest importance in the overall program. 5.2 Threat to Water Quality As specified in the Municipal Permit, the City will add the following activities to its existing program as high priority and will identify these areas as part of the major focus of the program for the residential component: I Order No. 2001-01, NPDES No. CASOI08758, Waste Discharge Requirements for Discharges of Urban Runoffftom the Municipal Separate Stonn Sewer System (MS4) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, and the San Diego Port District (Municipal Pennit). Environmental Business Solutions, Inc. 5-1 30 February 7, 2002 ~!f? ~n- ~ Jurisdictional Urban Runoff Management Program CIlY Of CHUlA VISTA . Automobile repair and maintenance. . Automobile washing. . Automobile parking. . Home and garden care activities and product use. . Disposal of household hazardous waste. . Disposal of pet waste. . Disposal of green waste. . Any other residential source that the City determines may contribute a significant pollutant load to the MS4 . Any residence tributary to a Clean Wat 'on 303(d) impaired water body, where the re . ollutants for which the water body is impaired. . Any residence within or directly ging directly to a coastal lagoon or oth environmentally sen' Municipal 5.2.1 ential areas for public education and outreach related igh priority areas and activities. In addition, the City er high priority areas based on: . Dry weather monitoring reports. . Previous violation reports. . Proximity to Sweetwater River, Otay River, and other major drainage channels (e.g., Telegraph canyon, Poggi canyon and Salt creek). . Areas discharging to potable water reservoirs (e.g., Upper and Lower Otay Reservoir). . Areas adjacent to San Diego Bay. A geographical information system (GIS) program has been developed and continues to be updated as more information is gathered from the many programs the City has in place to assess and implement its storm water quality program (see Appendix). Environmental Business Solutions, Inc. 5-2 31 February 7, 2002 ~I~ ~!S!!- ~-<:"';;: Jurisdictional Urban Runoff Management Program cnv OF CHUIA VISTA 5.3 BMP Implementation The City of Chura Vista currently conducts a number of education and outreach programs that is intended to inform the general public of all available BMPs including good house keeping, and encourage residents to participate in the implementation of these programs. The general public are kept informed of the various BMPs by direct mail, sewage bill inserts, special events, newspaper ads, etc. Examples of such programs include: . Periodic household hazardous waste dro - ffl . State certified used oil and oil filter . Household collection of used oil . Storm inlet stenciling program . Special events . General waste (Iarg . P will consist of lscharge prohibitions, ion investigation and response, sal, and spill response programs. These g used to educate and involve the public on how their er. The current program will be reviewed and updated sure public awareness of available BMPs. Tables of minimum BMPs for high priority activities have been developed and are attached at the end of this Chapter. 5.3.1 Education and outreach Education and outreach are important concepts, which can have immediate and lasting positive effects on storm water quality. Because these concepts are so important, the City has undertaken a number of programs to educate the public and to provide BMPs that are both simple to implement and are effective. All residential areas will be targeted for public education that relate to high priority activities. Minimum BMPs information will be provided to all residence and these BMPs will be required to be implemented. The City administers a public education program, which is promoted through local newspaper advertising, portable displays, point of purchase displays, poster distribution, public service announcements, used oil program, household hazardous waste hotline, and billing inserts. Environmental Business Solutions, Inc. 5-3 32- February 7, 2002 ~!f? ~!ft- Jurisdictional Urban Runoff Management Program OlYOF CHUIA VISfA The City conducts, through the South Bay Regional Used Oil Project (SBRUOP) program, public education in the form of mailing inserts, recycling guide, highway signs, and school presentations, to name a few. The City also participates in special events by providing employee-staffed booths during the events. 5.3.2 Recycling and waste disposal One of the major programs the City has undertaken is the South ay Regional Used Oil Project (SBRUOP) in cooperation with the C' . ronado, National City, and Imperial Beach. This program offers tec dnew supplies for the 45 state-certified used oil and oil ters established under a previous grant. The progr side collection service in Chula Vista and potentially in SBRUOP maintains a curbside used oil colle' Chula Vista. Pacific Waste rvices ro g services for thee ' esidential collection program, the promote used oil and used oil filter e City plans to continue the programs and track the type of program to judge its effectiveness. 5.4 Enforcement of the residential program has been established and addressed in the City's storm water ordinance. The City's education and public awareness efforts have been successful, based on the number of complaints received ITom residents during the last quarter of2000. This means complaints will increase as more people become aware ofthe activities that may create pollutants in urban runoff and non-storm water runoff. The City has in place a process to document verbal warnings, written warnings, orders to correct, and fines levied, if any. The City has developed a database for information on all storm water violations. This database is used to identify repeat violators, areas of high priority, and type of pollutants of concern. This information will be incorporated into the GIS program, which will help finding the areas that need to be targeted for additional education and outreach, which will require the implementation of minimum BMPs. 5.4.1 Establishing discharge prohibitions The City's Municipal Code prohibits any discharge of pollutants to the City's stOrm water conveyance system. Based on the City's Municipal Code, the City Environmental Business Solutions, Inc. 5-4 33 February 7, 2002 ~11t- -~- ",,<'I:'I:~ Jurisdictional Urban Runoff Management Program OlYOF CHUIA VISfA has the authority to enforce the storm water regulations. The City will continue to use its current program of residential reporting, municipal field staff, and compliant response process to identify and educate residents on the importance of source control. 5.4.2 Enforcement As part of the enforcement process, the City will use education and public outreach to its fullest extent. After the City has established that reasonable effort has been made to inform the public, the City will then storm water code by its legal authority established in the muni . Water Management Control Ordinance). Documentation of any type of enforceme ck violations and as a follow-up mechanism to c Environmental Business Solutions, Inc. 5-5 3'1" ~I~ February 13, 2002 -~- Jurisdictional Urban Runoff Management Program OlYOF (HUlA VISTA 6.0 LAND-USE PLANNING FOR NEW DEVELOPMENT AND REDEVELOPMENT Introduction Permit Section F.I states that each Copermittee shall minimize the short and long-term impacts on receiving water quality ITOm new development and redevelopment. In order to reduce pollutants and runoff flows ITOm new development and redevelopment to the maximum extent practicable (MEP), each Copermittee shall at a minimum: . Assess their General Plan . Modify the development project approval processes . Revise environmental review processes . Conduct education efforts focused on new development and redevelopment. 6.1 Assessment of General Plan The Permit requires the City ofChula Vista (City) to assess their General Plan to ensure that it includes water quality and watershed protection principles and policies to direct land-use decisions and require implementation of consistent water quality protection measures for development projects. The Permit further requires the City to provide a workplan with time schedule detailing any necessary proposed changes to its General Plan regarding water quality and watershed protection. An assessment and evaluation of the existing General Plan, dated September 5, 1995 indicates that the City has incorporated water quality and watershed protection principles and policies into three major areas of the General Plan; the Land Use Element, Public Facilities Element and the Conservation and Open Space Element. These existing principles and policies substantially address topical areas suggested under the Permit. Examples of these existing water quality and watershed principles and policies are summarized under the following five general categories: Environmental Business Solutions, Inc. 6-1 35' ~I~ February 13, 2002 --- Jurisdictional Urban Runoff Management Program CIlY OF CHUIA VISTA I) Maximize, where feasible, on-site infiltration of runoff and implement on- site treatment controls. . Public Facilities Element: Section 5.3(2) If improvements are necessary to accommodate new development, it shall be the developer's responsibility to bear the costs of such improvements, to construct the facilities to City standards and to dedicate them to the City. As an alternative, the City may establish and the developer shall pay drainage basin fees for financing the required facilities necessary to preclude a negative impact on the downstream facilities. Section 5.3(4) The City shall mandate the development of on-site detention of storm water flows such that, where practical, existing downstream structures will not be overloaded. Goal 3 Drainage and Flood Control Facility Planning Objective 10: Required development of on-site detention of storm water flows such that where practical, existing downstream structures will not be overloaded. Section 4.2(3) Storrnwater Infiltration Ground water or storm water infiltration to the sewer system was not seen as being a significant problem during the study period. ... Infiltration should be further analyzed in subsequent studies... Section 4.3(3) Detention Basins Because of the cost and difficulty in increasing the capacity of existing drainage facilities, use of detention basins as an alternative means of flood control should be considered. ... These detention basins can be constructed within the newly developing areas and serve to detain the runoff peaks long enough to reduce the load on the downstream channels and storm drains. Environmental Business Solutions, Inc. 6-2 3& ~I~ February 13, 2002 --- ~~~~ Jurisdictional Urban Runoff Management Program CItY OF CHULA VISTA 2) Avoid, to the extent practicable, development of areas susceptible to erosion and sediment loss; and/or establish development guidance. . Public Facilities Element Section 5.3(5) The City shall require the development of on-site sediment control as a part of each project. Section 4.3(2) Sediment Control and Grading ... Consideration should be given to instituting requirements for sediment control, especially since Chula Vista is experiencing a significant amount of new development. Goal 3 Drainage and Flood Control Facility Planning Objective 11: Assure that new development incorporates a high degree of sediment control as part of their project. . Land Use Element Section 6.5 (3) Grading and Drainage The grading and excavation proposed in connection with the development should be designed so as to not result in soil erosion, silting of lower slopes, slide damage, flooding, severe scarring or any other geological instability... 3) Limit disturbances of natural water bodies and natural drainage systems to the extent practicable. . Public Facilities Element Section 5.3(6) The City shall discourage disruption of the natural landforms and encourage the maximum use of natural drainageways in the new development. Where possible, non-structural flood protection methods, such as natural channels or improved channels which simulate natural channels should be considered as an alternative to constructing concrete channels to protect and stabilize land areas. . Land Use Element Goal 5 Open Space, Recreation and Visual Quality Environmental Business Solutions, Inc. 6-3 31 ~I~ February 13, 2002 -11- Jurisdictional Urban Runoff Management Program CllY OF CHUIA VISTA . . .It is the goal of the city to preserve the most important landforms and natural features as part of a recreation oriented open space network. Section 6.l(lc) Protection and Preservation of Vegetation, Natural Landforms and Drainage Courses The open space areas are established to protect and preserve sensitive natural land forms, vegetation, wildlife habitat, canyons, drainage courses, and mountains. Section 7.7 Land Development/Landform Grading Landform grading should be the dominant method used for a development project. Landform grading shall mean a contour grading method which creates artificial slopes with curves and varying slope ratios designed to stimulate the appearance of surrounding natural terrain. The principle of landform grading incorporates the created ravine and ridge shapes with protective drainage control systems and integrated landscaping design. . Conservation and Open Space Element Section 6.6 (I) Water Resources The development of natural flood control channels should be used to handle projected flood waters. Such channels should be in a natural swale channel with grass or other natural plantings as an integral part of the design. ... Concrete lined channels are discouraged unless it is explicitly determined that alternative engineering solutions of a more environmentally and aesthetically sensitive nature are not feasible. 4) Protect environmental and public health by reducing or eliminating the use of hazardous and toxic materials by residences, businesses, and public agencies. . Public Facilities Element GoalS Hazardous Waste Management Planning Objective 17: Develop effective screening processes for new and existing businesses using hazardous materials and Environmental Business Solutions, Inc. 6-4 3'6 ~I~ February 13, 2002 -~- Jurisdictional Urban Runoff Management Program (llY OF CHUIA VISTA generating hazardous waste to encourage waste minimization. Objective 18: Promote recycling and alternate technologies for industrial, small business, and household hazardous waste in cooperation with the County and other agencies. Objective 19: Establish effective hazardous waste management planning within the City through involvement of the public, environmental groups, civic associations, waste generators, and the waste management industry in decisions on local waste issues and facility proposals. Objective 20: Ensure protection of the health, safety, and welfare of Chula Vista residents and the integrity of the City's environmental resources, through establishment of effective processing procedures, and siting and permitting criteria for hazardous waste facilities, and businesses using or handling reportable quantities of hazardous materials. 5) Conservation, landscaping and restoration of natural resources. . Public Facilities Element Section 5.3(1) The City shall use the Drainage and Flood Control Master Plan as a guide to the future storm water facility development. Section 5.1(3) Water Conservation Promote low water usage landscaping that is drought tolerant. . Land Use Element Section 6.5(5) Landscaping Disturbed slopes should be replanted with native vegetation and maintained for a period until the vegetation is well established and can be self-sufficient. Goal 7 Water Use and Reclamation Environmental Business Solutions, Inc. 6-5 31 ~\f? February 13, 2002 -.- ~'\:~~ Jurisdictional Urban Runoff Management Program CllY OF CHUIA VISTA Objective 25: Promote water conservation through increased efficiency in essential uses and use of low water demand landscaping. . Conservation and Open Space Element Section 6.7 (3) Plant and Animal Resource Development that occurs at or near the edge of sensitive habitat areas should be designed in such a manner so as not to substantially alter the drainage pattern of surface water into the habitat area. In addition to these existing General Plan provisions, the City has also addressed water quality and watershed principles and policies as part of its planning and regulatory processes for new development. Most of the City's inventory of developable land is located in areas east ofI-805, and regulated under the City's Planned Community (PC) zone. The zone requires the preparation of tiered comprehensive land use and zoning plans, called General Development Plans (GDPs) and Sectional Planning Area (SPA) plans respectively. Environmental documents per CEQA, along with Mitigation Monitoring and Reporting Programs (MMRPs), and conditions of development approval are also prepared in conjunction with each GDP and SPA Plan. To-date, all of the remaining developable land east ofI-805 has received at least GDP approval, and much has received SPA approval and beyond. As appropriate, the associated environmental reviewpresented in the CEQA documents, MMRPs, and the conditions of development approval have incorporated water quality and watershed protection provIsIOns. With regard to comprehensive natural resource protection planning, the City has also adopted; the Otay Ranch Resource Management Plan (RMP) in conjunction with approval of the 27,000 acre Otay Ranch GDP. As a result of the inclusion of these policies and principles into its General Plan and ultimately incorporated into its development project approval processes, the City has taken a far-reaching step towards the preservation oflocal water resources for future generations and has substantially satisfied the objectives contained in Finding 18 of the Permit. Environmental Business Solutions, Inc. 6-6 ~O ~I~ February 13, 2002 -111- Jurisdictional Urban Runoff Management Program CIlYOF CHULA VISTA 6.2 Watershed Management Plans The State Water Resources Control Board set up requirements for improving water quality on a watershed approach through passage of the Costa-Machado Water Act of 2000 (Proposition 13). In addition, the Permit has identified the City ofChula Vista as a participant in the San Diego Bay Watershed planning process, which includes work with six other cities, the County and the San Diego Unified Port District to submit watershed management plans by January 31, 2003. 6.3 Modification of Development Project Approval Process Prior to project approval and issuance of local permits, the Permit states that each Copermittee shall require each proposed project to implement measures to ensure that pollutants and runoff ITom the development will be reduced to the MEP and will not cause or contribute to an exceedance of receiving water quality objectives. (Permit section F.1.b). In addition, the Permit requires that each Copermittee shall further ensure that all development will be in compliance with City storm water ordinances, local permits, and all applicable ordinances and requirements of the Permit. In light of u.S. EPA's focus on planning requirements, Permit Section F.l.b(l) requires each Copermittee to include development project requirements in local permits to ensure that pollutant discharges and runoff flows ITOm development are reduced to the MEP, and that receiving water quality objectives are not violated through the life of the project. Such requirements shall, at a minimum: (1) Require the project proponent to implement source control BMPs for all applicable development projects. (2) Require the project proponent to implement site design/landscape characteristics, where feasible, which maximize infiltration, provide retention, slow runoff, and minimize impervious land coverage for all development projects. (3) Require the project proponent to implement buffer zones for natural water bodies, where feasible. Where buffer zones implementation is infeasible, require project proponent to implement other buffers such as trees, lighting restrictions, access restrictions, etc. Environmental Business Solutions, Inc. 6-7 If/ ~!~ February 13, 2002 -11- Jurisdictional Urban Runoff Management Program CllY OF CHUIA VISTA (4) Require industrial applicants subject to California's statewide General NPDES1 Permit for Storm Water Discharges Associated with Industrial Activities (Except Construction) to provide evidence of coverage under the General Industrial Permit. (5) Require the project proponent to ensure its grading or other construction activities meet the provisions specified in Permit Section F.2. (6) Require the project proponent to provide proof of a mechanism that will ensure ongoing long-term maintenance of all structural post-construction BMPs. The Public Works Department will be responsible for undertaking any modifications to the development project approval process and has initiated an internal Task Force comprising of personnel ITOm multiple departments and divisions. The Public Works Department will guide this effort to thoroughly review and revise, as necessary, documents including application checklists, policies, procedures, and ordinances, to ensure that the development project approval processes will address new development and redevelopment projects; and ensure that pollutants and runoff from the developments will be reduced to the MEP and will not cause or contribute to an exceedance of receiving water quality objectives. 6.4 Revisions to Environmental Review Process Permit Section F.l.c(l) requires Copermittees, to the extent feasible, to revise their current environmental review processes to include requirements for evaluation of water quality effects and identification of appropriate mitigation measures. The Permit requires the application of new development requirements to all planning priority development and redevelopment projects, regardless of whether they are considered ministerial or discretionary and therefore not subject to the California Environmental quality Act (CEQA). 6.3.1 Federal Storm Water Regulations I National Pollutant Discharge Elimination System Environmental Business Solutions, Inc. 6-8 L/~ ~If? February 13, 2002 -It!- Jurisdictional Urban Runoff Management Program CITY Of CHUIA VISfA U.S. EP A has identified four essential elements to control storm water ITom new development and redevelopment. These are, (I) to develop and implement strategies that include a combination of structural and non-structural BMPs; (2) adopt an ordinance to address post-construction runoff; (3) ensure long-term operation and maintenance of the BMPs; and (4) ensure that controls are in place that will minimize water quality impacts. U.S. EPA further stated that "The requirements.. . [are] consistent with the permit application requirements for large MS4s for post-construction controls for new development and redevelopment." 6.3.2 California Environmental Quality Act (CEQA) CEQA was enacted in 1970 as a system of checks and balances for land-use development and management decisions in California. The purpose ofCEQA is to inform goverrunental decision makers and the public about the potential significant environmental effects of proposed activities and to identify ways that environmental damage can be avoided or significantly reduced (CEQA Guidelines 15002(a)(1)(2). The Environmental Review Sectionofthe Planning and Building Department, in conjunction with the Storm Water Management Program, will assess and update as needed, the City's "Initial Study Checklist" under the California Environmental Quality Act (CEQA). To the extent feasible, additional focused questions regarding evaluation of water quality effects and identification of appropriate mitigation measures should be considered by Environmental Review Section staff during the Initial Study process under CEQA. City Review Process The City's Stormwater Ordinance requires new development and redevelopment projects to incorporate into project plans and permit conditions necessary storm water best management practices to control storm water pollution during construction, and throughout the use of a developed site prior to issuance of any applicable permits. The construction and post-construction BMPs that are required are site-specific and vary based on the project's potential impact on storm water and receiving water quality. Storm water BMPs will be implemented through the development project review process. During the review process, City staff will review the plans for compliance with the City's General Plan, zoning ordinances, and other applicable Environmental Business Solutions, Inc. 6-9 ;jL3 ~!f? February 13, 2002 -~- Jurisdictional Urban Runoff Management Program CITY OF CHUIA VISTA local ordinances and codes, including storm water requirements. City staff will ensure that plans, specifications, and permit conditions contain appropriate storm water BMPs. Additionally, staff will consider all input received ITOm the public during the project review process, and require changes and/or additions to proposed projects, where appropriate. All projects that require construction and/or post-construction storm water BMPs shall not be approved or recommended for approval by staff until all applicable requirements have been satisfactorily incorporated into the project plans, specifications and permit conditions. The Storm Water Management Unit, in cooperation with the other Copermittees under the Permit, developed a Model Standard Urban Storm Water Mitigation Plan (SUSMP) for the entire region that was collectively developed by the Copermittees. Permit Section F.1.b.(2) requires the City to develop a jurisdictional, or local SUSMP, that complies with the requirements in the Model SUSMP. The local SUSMP identifies specific post-construction site design, source control and treatment control storm water BMPs that must be implemented on certain development projects, called "Priority Projects". The local SUSMP will be developed within six months after the RWQCB's approval ofthe Model SUSMP. Any additional changes to the City's development regulations, brochures or guidelines will be revised to incorporate the local SUSMP prior to the implementation date. The following process and general format has been developed for all proposed development and redevelopment projects applying for permits. . Step 1 - Identify the project's BMP requirements. Staff will require inclusion of appropriate BMPs in the design of the project and staffwill also determine whether the projects are subject to the SUSMP and numeric sizing criteria. All development and redevelopment projects are subject to BMPs regardless of whether they are covered in the SUSMP requirements.. If the project is subject to the SUSMP and numeric sizing criteria, the project proponent is required to prepare and submit a conceptual and detailed stormwater management plan that includes project characteristics, details, site conditions, proposed BMPs, site plan, drainage plans, and other specific project information. Environmental Business Solutions, Inc. 6-10 ;¡! ~!f? February 13, 2002 --- Jurisdictional Urban Runoff Management Program CllY OF CHUIA VISTA . Step 2 - Determine adequacy ofproject's proposed storm water BMPs. Checklists are being developed to assist engineering staff in determining adequacy of proposed BMPs. In addition, Storm Water Management Unit staff will develop a SWPPP checklist to be used by project managers. City staff will use any approved manual ofBMPs and guidelines such as, the City of Los Angeles "Reference Guide for Stormwater Best Management Practices" (July 2000) or other reference as determined and approved by the City Engineer . Step 3 - Include BMP requirements in the permit conditions, and where appropriate, into plans and specifications. The review process outlined above is general in nature and is subject to change. However, all construction and post-construction storm water BMP requirements required by this component and the Permit will continue to be implemented in the event that the development review process is modified. 6.5 Education on New Development and Redevelopment Permit Section F.Ld (I) and (2) require the City to implement an education program for both internal City staff, Planning Commission and Elected Officials; and for external individuals such as, Project Applicants, Developers, Contractors, Property Owners and Community Planning Groups. 6.4.1 Internal-Municipal Staff, Planning Commission and Elected Officials The City will continue its education efforts for its City planning and development review personnel involved in new development and redevelopment processes. The City has identified both lead and support sections for the development process. Table 2 identifies the departments, divisions, and sections that will need to be involved in the education program. Table 2: City Development Process DEVELOPMENT LEAD SECTIONS SUPPORT SECTIONS PROCESS Pre-application conference . Development Planning . Plan Check Environmental Business Solutions, Inc. 6-11 IJ~ ~!f? February 13, 2002 -11- Jurisdictional Urban Runoff Management Program CIlYOF CHUIA VISTA DEVELOPMENT LEAD SECTIONS SUPPORT SECTIONS PROCESS . Fire Department. . Environmental . Land Development . Storm Water Mgmt General Plan Amendment . Advanced Planning . Landscape Architecture . Traffic & Assessments . Growth Management . Development Planning . Program Development . Environmental . Land Development . Storm Water Mgmt Environmental Impact . Environmental . Growth Management Report (EIR) . Traffic & Assessments . Landscape Architecture . Program Development . Land Development . PolicelFire . Community Planning . Development Planning . Advance Planning . Storm Water Mgmt Specific Planning Area & . Community Planning . Traffic & Assessments Public Facilities Financing . Program Development Plans . Landscape Architecture . Economic Development . Land Development . Environmental . Storm Water Mgmt 0 Growth Management Tentative map 0 Community Planning 0 Land Development . Development Planning 0 Program Development 0 Environmental 0 Landscape Architecture 0 Police Dept.lFire Dept. 0 Storm Water Mgmt Local Coastal Plan & . Redevelopment . Advance Planning permit . Environmental 0 Development Planning Final map 0 Eng.-Land Development 0 Inspection & Survey . Community Planning 0 Landscape Architecture 0 Environmental Environmental Business Solutions, Inc. 6-12 ~ ~!~ February 13, 2002 -11i!- Jurisdictional Urban Runoff Management Program CIlYOF CHUIA VISTA DEVELOPMENT LEAD SECTIONS SUPPORT SECTIONS PROCESS Development impact fees . Eng.-Land Development . Traffic & Assessments . Landscape Architecture . Environmental . Growth Management . Finance Affordable housing . Community Development- . Community Planning agreements Housing Subdivision grading & . Eng.-Land Development . Traffic & Assessments improvement plans . Landscape Architecture . Community Planning . Development Planning . Environmental . Maintenance . Storm Water Mgmt Community facilities . Eng.-Land Development . Traffic & Assessments Districts for open space . Landscape Architecture . Environmental . Finance . Maintenance Public infrastructure design . Project Design & Mgmt . Inspection & Survey . Traffic & Assessments . Landscape Architecture . Environmental Subdivision & Public . Inspection & Survey . Land Development Infrastructure Construction . Project Design & Mgmt. . Environmental Public buildings & park . Project Design & Mgmt . Plan Check facilities . Landscape Architecture . Inspection . Permit Processing . Environmental . Landscape Architecture . Inspection & Survey . Finance/Fire Dept. . Storm Water Mgmt Economic development . Economic Development . Land Development owner/developer . Community Planning participation agreements . Plan Check . Planning . Environmental Affordable housing . Comm. Develop.-Housing . Community Planning production . Community Planning . Environmental Conditional use permits & . Development Planning . Plan Check design review . Community Planning Environmental Business Solutions, Inc. 6-13 if7 ~If? February 13, 2002 --- ~~~~ Jurisdictional Urban Runoff Management Program CITY Of CHULA VISTA DEVELOPMENT LEAD SECTIONS SUPPORT SECTIONS PROCESS 0 Economic Development 0 Land Development 0 Environmental 0 Police Dept. 0 Stonn Water Mgmt Business licenses 0 Pennit Processing 0 Development Planning 0 Fire Dept./Finance 0 Stonn Water Mgmt Building pennit plan check 0 Plan Check 0 Land Development 0 Pennit Processing 0 Program Development 0 Development Planning 0 Community Planning 0 Fire Dept. 0 Stonn Water Mgmt Building pennit inspection 0 Inspection 0 Pennit Processing 0 Program Development 0 Fire Dept. 0 Stonn Water Mgmt Community preservation 0 Code Enforcement 0 Development Planning 0 Program Development 0 Fire Dept. Establish redevelopment 0 Comm. Redevelopment 0 Environmental areas 0 Development Pianning Land use, specific & 0 Advance Planning 0 Redevelopment coastal plans 0 Environmental 0 Development Planning 0 Community Planning Business improvement 0 Redevelopment 0 Environmental districts 0 Traffic & Assessments Housing rehabilitation 0 Housing 0 Inspection 0 Plan Check 0 Pennit Processing CDBG community 0 Housing 0 Economic Development preservation programs 0 Project Design & Mgmt 0 Inspection & Survey Special use pennits 0 Redevelopment 0 Development Planning 0 Environmental Administrative sections 0 Finance/Admin. General Development Plan 0 Community Planning 0 Traffic & Assessments 0 Program Development 0 Landscape Architecture 0 Economic Development Environmental Business Solutions, Inc. 6-14 1ft' ~!~ February 13, 2002 -t!- Jurisdictional Urban Runoff Management Program CItY OF CHUIA VISTA DEVELOPMENT LEAD SECTIONS SUPPORT SECTIONS PROCESS . Land Development . Advance Planning . Environmental Education programs will be designed by the Public Works Department for the appropriate personnel to ensure they have an understanding of: (I) Federal, state, and local water quality laws and regulations applicable to development projects. (2) The connection between land use decisions and short and long-term water quality impacts. (3) How impacts to receiving water quality resulting ITom development can be minimized. 6.4.2 External: Project Applicants, Developers, Contractors, and Property Owners The City will develop education programs and outreach for project applicants, developers, contractors, property owners, and community planning groups so that they will understand early in the process the following topics: (I) Federal, state, and local water quality laws and regulations applicable to development projects. (2) Required federal, state, and local permits pertaining to water quality (3) Water Quality impacts on urbanization. (4) Methods for minimizing the impacts of development on receiving water quality. The City will utilize a variety of educational tools including workshops, handouts, procedural guidelines, and speakers to business associations. Environmental Business Solutions, Inc. 6-15 1/1 ~!~ February 13, 2002 -~- Jurisdictional Urban Runoff Management Program CIlY Of CHUIA VISTA BLANK PAGE Environmental Business Solutions, Inc. 6-16 So ~!f? February 13, 2002 -~- Jurisdictional Urban Runoff Management Program CllY OF CHUIA VISTA BLANK PAGE Environmental Business Solutions, Inc. 6-17 5/ ~If? February 13, 2002 --- Jurisdictional Urban Runoff Management Program CllY OF (HUlA VISTA BLANK PAGE Environmental Business Solutions, Inc. 6-18 --- -62 February 7, 2002 ~!~ -!t!!- Jurisdictional Urban Runoff Management Program mY Of CHUIA VISTA 7.0 CONSTRUCTION COMPONENT Introduction The City ofChula Vista (City) is home to more than 175,000 people within an area of approximately 32,000 acres. As the population ofthe City increases, so do the urbanization and the potential for construction related pollutants to be discharged into the City's storm water conveyance systems and receiving waters. Construction projects of 5 acres or more are covered under the State Water Resources Control Bo d (SWRCB)Water Quality Order NO. 99-08-DWQ, National Pol harge Elimination System (NPDES) General Permit No. CASOO harge Requirements (WDRs) for Discharges of Storm Water R ith Construction Activities (General Construction Permit). eral Permit Order No. 2001-011 (Municipal Permit) section s for local jurisdictions to develop and implement a llutants in urban runoff origin' om co ty construction sites be idenf MPs be established, and that a proc Implemented and enforced by the City This sectio rban Runoff Management Program (JURMP) document City is currently taking to address the contribution of pollutants tion projects, and addresses what additional steps the City will take to co th the Municipal Permit requirements. As part of the program and as required by the Municipal Permit, the City has prioritized construction sites and develop an inspection and education program for these sites. The overall goal of this section of the JURMP is to minimize the impact of discharges from construction activities on receiving waters and other environmental resources within the City. 7.1 Pollution Prevention Pollution prevention at any construction site should start at the source. In the long run cost savings are realized both in operating cost and potential violations and lawsuits. To initiate pollution prevention at the source, the City of Chula Vista is requiring the use of pollution prevention methods at the source by site owners, contractors, and responsible persons at a construction site. This pollution prevention may take many forms within a construction site. A minimum level of pollution prevention in the form of BMPs have beeen established for construction 1 Order No. 2001-01, NPDES No. CASO1O8758, Waste Discharge Requirements for Discharges ofUrhan Runoffftom the Municipal Separate Storm Sewer System (MS4) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, and the San Diego Port District. Environmental Business Solutions, Inc. 7-1 53 February 7, 2002 ~!f? --- Jurisdictional Urban Runoff Management Program mY OF CHUIA VISfA activities. These minimum BMPs are the least that should be used and will not be limited to those outlined in this section. 7.2 Grading Ordinance Update The City of Chula Vista Municipal Code Chapter 15.04 addresses excavation, grading, and fills. "The purpose of this chapter is to establish minimum requirements for grading, excavating, and filling of land, to provide for the issuance of pennits and for the enforcement of the requirements." As part of the City's Municipal Code review, this chapter and other relevant c apters, which affect development within the City, may also be updat necessary to incorporate the appropriate requirements of the M 7.3 7.4 m (GIS) system has been 0 rocess of updating and adding more data bl d on the City's GIS system, the State's active Ii and the City's construction pennit database, all construction sites will be made prior to each rainy season. All co n sites, regardless of size, are required to be listed. This infonnation will be used to identify the high priority site, track the status of projects, and determine which projects can be deleted from the list and which need to be added to the inspection list. Annually, and prior to the rainy season, using the City's GIS database, State active construction project list, and the City's database, the City will update the list of high priority residential, commercial, industrial, and municipal construction and reconstruction projects that are active. From this list, a schedule and ITequency inspection list will be developed and used to track active construction projects. 7.5 Threat to Water Quality Prioritization As specified in the Municipal Pennit, the City will establish the following construction sites as high priority and will identify these sites as part of the major focus ofthe program for the construction component. The two major categories, which at a minimum, will categorize a site as high priority activities are: " (a) construction sites of 50 acres or more with grading occurring during the wet season, or (b) construction sites 5 acres or more and tributary to a Clean Water Environmental Business Solutions, Inc. 7-2 Sf February 7, 2002 ~ ! ft.. --- ~-C¡¡;;¡¡;; Jurisdictional Urban Runoff Management Program 01Y OF CHUlA VISTA Act Section 303( d) water body impaired for sediment or is within or directly adjacent to or discharging directly into a coastal lagoon or other receiving water within an environmentally sensitive area (ESA)." Using the State active construction site list, the City has considered all construction sites of 5 acres or more as high priority during the first year of the program implementation. The majority of the drainage within the City's boundaries flows to four major receiving water bodies: . San Diego Bay . Sweetwater River . Otay River . Upper and lower Otay Reservo' chedule (Region 9), two .00] and Otay River [HU 910- . A list of the 303(d) listed water ded at the back of this section. No water aired for sediment or other potential pollutants nstruction activities. B the inventory and site inspections, the City may prioritize other sites as high priority based on the following factors: . Soil erosion potential . Site slope . Project size . Project type . Non-storm water discharges . Proximity to water bodies . Sensitivity of water bodies. Each of these factors singularly or in combination may be used to identify a construction site as high priority during the second year of implementation and onward. However, all other construction sites are currently required to implement minimum BMPs, regardless of priority category. 7.6 BMP Implementation Environmental Business Solutions, Inc. 7-3 5!;; February 7, 2002 ~!f? ~-- Jurisdictional Urban Runoff Management Program mY Of CHUIA VISTA BMP implementation will be conducted in a phased format. The active construction sites have been identified and a list of the appropriate minimum BMPs that may be used where appropriate by these sites is included at the end of this section. Any other methods, which are comparable and equally effective will be considered after approval of the City Engineer. Because all sites, regardless of the priority, must prevent discharges to the Maximum Extent Practicable (MEP), the minimum BMPs required at the site will be the same. The effectiveness ofthe BMPs can be evaluated by the following criteria, but not limited to: . No measurable sediment pollution in runoff ITOm t . Slope erosion shall be minimized and rills and soon as feasible. . Water flow rates moving off-site must not e . on flow rates. . Inactive site must be fully protecte s of sediment. . Non-storm water discharges the site. . SWPP . Ps during inspections which take (Octo er I through April 30 of each year) and all owner or the permit holder is responsible for the installation and mai ce of the selected BMPs to be used at the site. BMPs should be installed in accordance with an industry standard (e.g., Caltrans or California Storm Water BMP handbooks) or as specified in the California statewide Construction General Permit. At a minimum, the BMPs that a construction site should consider for use are as follows: A. Erosion Control . Physical stabilization 0 Geotextile materials 0 Fiber mats and roll 0 Spray binder . Sediment Control 0 Silt fencing 0 Gravel bags 0 Fiber rolls 0 Sediment capture 0 Velocity reduction Environmental Business Solutions, Inc. 7-4 Et. February 7, 2002 ~!ft. -n- ~...,¡¡;;;;: Jurisdictional Urban Runoff Management Program CITY OF CHUIA VISfA B. Materials Management The control of materials brought onto a site and the waste generated are to be properly handled and managed to prevent contamination of storm water. The following is an example of these types of waste: . Solid . Sanitary . Concrete . Hazardous . Equipment - related waste Any other methods which are comparable and eq be considered after approval ofthe City Engineer. 7.7 during the rainy season unicipal Permit. The City may s in writing to the Regional Water met all of the following: . a record of the construction site's Waste Discharge Identification DID#) documenting the site coverage under the General struction Permit. . The City has reviewed the construction site's Storm Water Pollution Prevention Plan (SWPPP). . The City finds the site to be in compliance with all local ordinances, permits, and plans. . The City finds that the SWPPP is being properly implemented. All medium and low priority sites will be inspected as necessary (at least twice during the wet season), based on individual circumstances, on a project-by-project basis. 7.8 Enforcement of Construction Sites The City has a number of mechanisms that can be used to bring a construction site into compliance. These are stop work, fines, and notification to the RWQCB. The City will work with the construction site owner/operator to bring the site into compliance; however, if the owner/operator continues to not comply, the City will report the facility to the RWQCB. The primary goal of enforcement is to educate Environmental Business Solutions, Inc. 7-5 57 February 7, 2002 ~(~ -~- ~~~~ Jurisdictional Urban Runoff Management Program mY OF CHUIA VISTA the owners/operators of the construction sites. To accomplish these goals, the following actions will be taken: . Provide education. . Promote compliance of the laws and regulations. . Bring violators into compliance in a timely manner. . Conduct enforcement actions in a timely manner. . Penalize violators and deprive violators ITom beneficial gains. . Prevent unfair business due to beneficial gains ITO on-compliance. . Treat similar site owner/operators equall tly. . Deter violators from continuing non- During inspections, the inspector will evaluate to water quality ITom runoff from the site. Sho a threat to water quality, the City has the The authority to levy the above-referenced actions is based on the City's Storm Water Management and Discharge Control Ordinance, and any other applicable ordinances. 7.9 Reporting of Non-compliant Sites As specified in the Municipal Permit in section R.l and appendix C, (B.6), the City is required to make 24 -hour verbal notification to the R WQCB of a threat to human or environmental health within its jurisdiction. A follow-up written report is required within 5 days of discovery. Based on the potential impacts of sediment transport to human and environmental health, the City will develop criteria to assess the impact ITom sediment runoff. Some criteria to be considered during the assessment of an event of non- compliance, whether from storm water or non-storm water discharges, are as follows: . Management of SWPPP document . Estimated area of erosion . Estimated sediment load discharge Environmental Business Solutions, Inc. 7-6 Sf February 7, 2002 ~!~ --- Jurisdictional Urban Runoff Management Program 01Y OF CHUlA VISTA . Were toxic materials discharged . Proximity of site to sensitive water bodies . Proximity of site to 303(d) listed water bodies . Estimate volume of discharge . Proximity of site to public water supply . Beneficial uses of affected water bodies . TSS concentration in discharge and turbidity . Other material discharged. . The result of construction monitoring data will also determine compliance of the site. 7.10 Education Focused on Construction Activities To educate owner/operators of the co expand its education and pu progr ance of the laws and regulations that will target all aged in construction activities. F ussion of the education and public participation programs used by the Ci can be found in section 9.0 of this JURMP. Environmental Business Solutions, Inc. 7-7 51 February 7, 2002 ~'f? - - ")¡;=t:~~ Jurisdictional Urban Runoff Management Program CITY OF CHUlA VlsrA 8.0 ILLICIT DISCHARGES DETECTION AND ELIMINATION COMPONENT 8.1 Illicit Discbarges and Connections 8.1.1 Background The Permit requires that Copermittees prohibit all types of illegal discharges into their MS4s, except as authorized by a separate National Pollut Discharge Elimination System (NPDES) Permit or otherwise allo ordance with Permit Section B.2 and B.3. The Permit specifical types of discharges a) storm water and b) non-storm water defined as urban runoff and snowmelt runoff consisting on es that originate ITom precipitation events. "N all discharges to and ITom a storm water convey om precipitation ents. e Ish an Illicit to actively seek and eliminate 4s. Common examples of illegal er, sediment, spilled chemicals, sewage releases, and other sources. All can contribute to the degradation of 8.1.2 Program Objectives The overall goal of the IC/ID Program is to prevent and eliminate IC/IDs into the MS4s. The program will address the following objectives: . Actively seek and eliminate IC/IDs into the MS4s. . Conduct dry weather analytical and field screening monitoring at MS4 outlets. . Investigate and inspect portions of the MS4 that have a reasonable potential for illicit discharges. . Prevent, respond to, contain and clean up all sewage and other spills that may discharge into the MS4, including spills ITom private laterals and septic systems. . Promote, publicize, and facilitate public reporting ofIC/IDs through a public hotline. . Implement controls and measures to limit infiltration from the sanitary sewer into the MS4. Environmental Business Solutions, Inc. 8-1 roO February 7, 2002 ~!f? ~!$!- ~ Jurisdictional Urban Runoff Management Program cnv OF CHUIA VISTA 8.2 Dry Weather Analytical Monitoring Permit Section F.5.b and Attachment E require the Copermittees to develop and implement a dry weather analytical and field screening-monitoring program to detect illicit discharges into their MS4s. This program addresses two primary objectives. First, it requires Copermittees to actively identify IC/IDs in their MS4 and to conduct source investigations when these are found. Second, it provides quantitative data on the general quality of discharges into their system during dry weather conditions. In the future, this will assist Copermittees i establishing and evaluating program priorities. Detailed guidance for de . and conducting dry weather analytical and field screening monitor' Appendices A and B. The City currently contracts for all dry monitoring. 8.3 to Ive all ts must be investigated to vestigation should include Be for an investigation, staff should assemble needed information and eq . Table 1 provides a list of suggested equipment and supplies. If a discharge is occurring from a specific property, the owner of the property should be identified through the assessor's parcel list. Ifpossible, the address should be located on the map, and nearby receiving waters identified. Appropriate educational materials and other documentation should be assembled. Investigation equipment should include at least the items listed in Table 1. Appendix B also contains a list of recommended items for dry weather field investigations that may be useful in identifying additional needed equipment. 8.3.2 Field Investigations In most cases, investigators will need to conduct a field investigation to confirm if a discharge is occurring or has occurred. If the complaint is determined to be unjustified, it should be documented as such. If an IC/ID is confirmed, it must be documented, the discharger must be contacted, and appropriate actions must be taken to eliminate the violation. Ifthe investigator determines the discharge is exempted, the responsible party should be informed of any applicable restrictions Environmental Business Solutions, Inc. 8-2 ~I February 7, 2002 ~!~ --- ""'t:~~ Jurisdictional Urban Runoff Management Program CIlY OF CHUIA VISTA or BMP requirements. All violations should be documented in writing. If a responsible party is available, a notice can be issued ITom the field during the investigation. If the responsible party is not available, they should be contacted as expediently as possible. All contact with the responsible party, including meetings, face-to-face discussions, and telephone calls should be documented with a narrative describing the topics that were discussed. During an investigation procedure, staff should always be prepared to document the violation for any future enforcement action. Documentation s Regardless of how they are identified (e.g., field screening, complaints, etc.) each potential IC/ID received by the City must be investigated and eliminated. In many instances, since the initial investigation or report will not identify a specific source of contamination, further field investigation will be required. Depending on the particular situation, source investigations may include any or all of the following steps: . Following Flows or Discharges Upstream . Conducting Field Screening Sampling, if necessary . Contacting Dischargers . Sampling for Laboratory Analysis, if necessary . Documenting Source Investigations Environmental Business Solutions, Inc. 8-3 bZ February 7, 2002 ~!f? ~-- Jurisdictional Urban Runoff Management Program ŒVOF CHUlA VISTA A. Following Flows or Discharges Upstream Flows should generally be followed from the location where they are first observed in an upstream direction along the conveyance system. Investigators may need to consult drainage system maps. For below ground systems, it may be necessary to follow flows ITom the outfall or manhole to the next manhole with a junction. Manholes do not always need to be checked if there are junctions between them. Field staff should always be aware of the surrounding areas and look for r flowing in gutters and streets. Areas where illegal dumpin ally occur include parking lots and garages behind bui ouses. observed flow is t a time, using to determine to track the largest flow with the one that is the er of junctions, or track those reatest potential for illegal discharges. ow is found, the site visit should be documented and e actions taken to ensure that the IC/ID is eliminated. If the ow originates in another jurisdiction, investigators should immediately inform them of the situation. City staff should not track flows into other jurisdictions. If initially unable to locate the source of the flow (e.g., it disappears between manholes; the pipe, network, or channel terminates, etc.) the following possibilities should be considered. First, the flow may originate from a storm gutter. Check catch-basins and gutters between manholes for evidence of flows such as runoffITom steam-cleaning operations, car washing, irrigation runoff, etc. There may also be a new or illicit connection to the system, possibly between manholes. Look for areas of the road that have been dug up or re-paved. Also consider checking with the appropriate wastewater management operations agency or department for any recent work that may have been done in the area. Finally look for evidence of recent or past dumping such as wet or stained pavement or gutters. Environmental Business Solutions, Inc. 8-4 ~3 February 7, 2002 ..s- ! f? --- Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISTA In most cases it should be possible to determine the source of the flow using the methods described. These are preferred whenever possible since they are quick, safe, and inexpensive. If the source is still not found, the field investigation should be documented and the location of the last place that flow was observed should be marked on a map so that the area can be investigated again at a later date. The following source investigation techniques may be considered at a later time, if needed: . Water Discharges to determine the downstream disc arge. . Dye Testing to confirm hydraulic connectio . Smoke Testing to determine hydraulic n a potential source and a downstream location. . Video Monitoring with a mobile vid ated, this may e solids. 'dent, the following may are sewage-related: onia. Sewage ITequently contains ammonia s per million (ppm) or greater. This can be measured mexpensive field screening test. teria Testing. Sewage is high in total and fecal coliforms and enterococci. Many sewage treatment plants, the County Public Health Laboratory, and private commercial laboratories routinely conduct these indicator analyses. B. Conducting Field Screening Sampling During a source investigation, the collection of samples for field screening analysis may be helpful for comparison with downstream samples already collected. This may include any and all of the analyses conducted during routine field screening, or other field tests that the City determines are necessary. It may not be necessary to conduct the entire field screening tests. Investigators should base this decision on results obtained at the downstream site. All sampling and analysis should be documented. More detailed guidance for conducting field screening is provided in Appendices A and B. Environmental Business Solutions, Inc. 8-5 64- February 7, 2002 ~!~ -~- ~=t::::-~ Jurisdictional Urban Runoff Management Program cnv OF CHUIA VISTA C. Contacting Dischargers. If a specific discharger is identified as the source of the flow, they should be contacted by staff in the field and informed that it is illegal to discharge anything but storm water to the conveyance system without a valid NPDES permit. Investigators should work with the responsible party to find out what they are discharging and, if possible, whether or not the discharge is permitted. If the source is determined to be exempted or permitted, this information should be recorded. If the flow is determined to be illegal, or its status cannot be determined, Id document the violation and require the responsible party IC/ID activity. At that time, a decision should aI hether samples should be collected for laborato D. E. oper documentation of all IC/ID investigations is crucial. During an investigation, photographs should be taken to verify all suspected IC/IDs, whether or not they are confirmed. Sample results, notices of violations, correspondence, and other associated documents should be collected and filed with the complaint. This type of documentation will be crucial for any type of enforcement action. Each investigation will probably require a separate hard copy file containing all pertinent documentation even though much of the information can be stored electronically in a database. F. Follow-up Responsibilities The City is always responsible for making a sufficient effort to ensure that IC/IDs are eliminated. Depending on the nature and severity of the violation, follow-up investigations mayor may not be needed to verifY that an IC/ID has been eliminated. For instance, if the responsible party is willing and able to comply, a written Corrective Action Form may be sufficient evidence that substantial compliance has been achieved. For more serious violations, staff should conduct follow-up inspections to Environmental Business Solutions, Inc. 8-6 tel; February 7, 2002 ~ ! ft.. --- ~ Jurisdictional Urban Runoff Management Program 01Y OF CHUlA VISTA verify compliance. For instances where voluntary compliance has been utilized, and the staff follow-up shows that the IC/ID has not been eliminated, enforcement will need to be initiated. 8.4 Elimination of Illicit Discharges and Connections While the Permit requires establishment of prohibitions broadly applicable to storm water and non-storm water discharges, Copermittees are provided some flexibility with respect to the determination of whether specified categories of existing non-storm water discharges may continue to b For each of these categories, Copermittees need only prohibit hat they have determined to be a significant source of pollutant nited States. Accordingly, they must establish the types of di ntinue to be allowed or disallowed into and ITom the' priate BMPs for those that they will continue to arges or polluted storm water he City's Storm Water Management and ce sets out the prohibitions of such discharges. The Permit allows individual Copermittees some discretion in determining whether selected categories of non-storm water discharges not meeting the above criteria must also be prohibited. Permit Section B.2 lists 17 categories of non- storm water that must be considered: a. Diverted stream flows b. Rising groundwaters c. Uncontaminated groundwater infiltration to MS4s d. Uncontaminated pumped groundwater e. Foundation drains f. Springs g. Water ITom crawl space pumps h. Footing drains i. Air Conditioning condensation j. Flows ITom riparian habitats and wetlands k. Water line flushing 1. Landscape irrigation Environmental Business Solutions, Inc. 8-7 bh February 7, 2002 ~I~ -~- Jurisdictional Urban Runoff Management Program CIlY OF CHUIA VISTA m. Discharges ITom potable water sources other than main breaks n. Irrigation water o. Lawn watering p. Individual residential car washing q. Dechlorinated swimming pool discharges The City ofChula Vista in its Storm Water Management and Discharge Control ordinance has listed all exempted items 8.4.3 BMP Establishment (Allowable Discharges) For each significant discharge not prohibited, the submit the following information: . the . Co 0 endeavor to identifY practical and enforceable BMPs tha Ii ate the introduction of contaminants ITom exempted sig ces discharging to their MS4s. Conversely, they are not precluded IT ibiting discharges even when they have not been found to be significant pollutant sources. This may be done as a preventive measure, or because the imposition of specific BMPs is determined to be impracticable. Table 2 below lists each of the non-storm water discharge categories listed in Permit Section B.2, and provides suggestions for BMPs that might be used, if found necessary, for each to reduce pollutants to the MEP. Table 8-2: Potential BMPs for Exempted Non-Storm Water Discharges . Diverted stream flows . Sediment filters . Flows from riparian habitats . Infiltration and wetlands . Community cleanup/trash removal events . Rising groundwater . Water conservation . Springs . Diversion to pervious area . Sewer . Uncontaminated groundwater . Water Conservation Environmental Business Solutions, Inc. 8-8 ~7 February 7, 2002 ~!~ -iI!!- ")¡~~~ Jurisdictional Urban Runoff Management Program cnv Of CHUIA VISfA . . . . . Landscape irrigation . . Irrigation water . . Lawn watering . . . . Discharges from potable water . sources other than water main . breaks . . Uncontaminated pumped ground water . Foundation drains . Water F g Divert flow to pervious area . Condensate pumps . Sewer . Shallow pan-condensate removal unit . Shallow pan-evaporation . . Wash cars on lawns . Use dry cleaning methods . Limit use of soaps . Controllable spray nozzles . Use of commercial car washes . Dechlorinated swimming pool . Sewer discharges . Infiitration . Use for irrigation . Treatment prior to discharge 8.5 Enforce Ordinance Permit Section D requires that the City establish, maintain, and enforce adequate legal authority to control pollutant discharges into and from their MS4s through ordinance, statute, permit, contract, or other means. The City has a municipal ordinance the Storm Water Management and Discharge Control that provides the basis for their enforcement authority. Environmental Business Solutions, Inc. 8-9 t¡;f February 7, 2002 ~(~ -.- ~ Jurisdictional Urban Runoff Management Program Cl1Y OF CHUIA VISTA The City has provided the SDRWQCB a statement that the City has adequate legal authority to implement and enforce each ofthe requirements contained in the Permit. 8.5.2 Enforcement Options Permit Section F.5.d requires that all IC/IDs be eliminated immediately. While all IC/IDs cannot always be realistically eliminated immediately, the City is responsible for taking all necessary actions to eliminate them in timely a manner as possible, and for verifying that compliance ieved. The City is reviewing and revising its enforcement poli . d ordinances to have available a full compliment of ns. The options will afford a flexible and graduated syst ctions, emphasizing voluntary compliance whe a more aggressive enforcement-oriented a s based on public health vironment prior com A. be eliminated through voluntary compliance. Most a willing to change their behaviors when they learn that ions are detrimental to the environment. Field staff is being ned to evaluate each situation, and within certain statutory and department guidelines, choose an appropriate enforcement mechanism. Voluntary return to compliance should be used on first-time, minor violations, whereas more serious violations or continued non-compliance may warrant a more aggressive and enforcement-oriented approach. Increasingly severe enforcement actions should be taken until compliance is achieved or the IC/ID is otherwise eliminated. B. Administrative Enforcement Powers The City in its Storm Water management and Discharge Ordinance has the enforcement powers to impose, but not limited to, the following administrative remedies: . Notice of Violation . Cease and Desist Orders . Notice to Clean and Abate . Stop Work Orders Environmental Business Solutions, Inc. 8-10 bCJ February 7,2002 ~!f? -!I!!- ~::t::::-~ Jurisdictional Urban Runoff Management Program CIlY OF CHUlA VISfA . Denial or Revocation of Permits . Administrative Penalties . Establishment ofSWPPPs . Establishment of Employee Training Programs . Public Nuisance Abatement C. Judicial Enforcement The City has within its existing laws the ability to imp enforcement in the following forms: . Civil Penalties and Remedies . Injunctive Relief . Criminal Penalties nt of the Storm Water ordinance erstand the law and their obligation to the Municipal Ordinance sections. of a procedures and enforcement manual to establish guidelines sistency is essential. The manual should address the following mi um areas and actions to be undertaken during investigations and inspections: . Assessing the threat to public health and the environment. . Sampling the discharge(s). . Identifying the responsible party. . Identifying individuals involved in the activities. . Photographing the violation(s), obtaining reports, or reports related to the incident. . Issuing a Notice of Violation (NOV) to the responsible party. . Making appropriate referrals to other departments or regulatory agencies and requesting assistance. Enforcement personnel and investigators should be trained to carefully document non-compliant activities during every investigation. Even situations where voluntary compliance seems to the appropriate option, documentation of the incident is prudent. It is not always possible to know during an initial Environmental Business Solutions, Inc. 8-11 70 February 7, 2002 ~!~ --- Jurisdictional Urban Runoff Management Program CRY OF CHUIA VISTA investigation whether more aggressive enforcement actions will be required in the future. Good documentation is the key to developing a complete case file and may be the determining factor in a successful prosecution. 8.5.4 Sample Collection When samples are necessary, they should be immediately delivered to the laboratory through a chain-of-custody procedure. Investigators should always ensure that chain-of-custody procedures are followed, and that a propriate analyses are requested of the làboratory. A. Follow-up Responsibilities e that ICIIDs n, follow-up s been 8.6 Pe .5.frequires that Copermittees prevent, respond to, contain and cl I sewage and other spills that may discharge to their MS4 ITOm any source) including private laterals and failing septic systems). The following compliance strategies described below are either in use in the City or are under consideration: In addition to the broad requirements of Permit, Section H.I.(7) requires that the Copermittees provide descriptions of the following activities: . "methods to prevent"... "all sewage (including spills ITom private laterals and failing septic systems) and other spills in order to prevent entrance into their MS4." . "controls and measures to be implemented to limit infiltration of seepage ITom sanitary sewers to MS4s." . "routine preventive maintenance activities on the sanitary system (where applicable) and the MS4." Environmental Business Solutions, Inc. 8-12 7/ February 7, 2002 ~!f? ~f!- ~ Jurisdictional Urban Runoff Management Program mY OF CHUIA VISTA A. City Preventive Maintenance Activities The Permit requires that the Copermittees operating both a municipal sanitary sewer system and an MS4 implement controls and measures to limit the infiltration of seepage from these sewers to their MS4s. The City is using, but not limited to, the following measures: . Sanitary sewer surveys . MS4 surveys . Routine preventive maintenance on both se . Remote cameras . GIS mapping of sewer and MS4 inte r system is also addressed s within the City. To avoid nomy of scale, the City will work closely xisting and proposed programs: B. The SDRWQCB Order 96-04 requires that wastewater agencies develop a Sanitary Sewer Overflow Prevention Plan (SSOPP) to prevent or minimize the potential for sanitary sewer overflows. The City is currently implementing its SSOPP. C. Capacity, Management, Operations, and Maintenance (CMOM) Program The City operates a sanitary sewer system and has its own CMOM that addresses the following: . Manage, operate, and maintain at all times the parts of the collection system that the City owns or over which it has operational control. . Provide adequate capacity using citywide sewage flow monitoring program to convey base flows and peak flows. . Take all feasible steps to stop and mitigate the impact of sanitary sewer overflows. Environmental Business Solutions, Inc. 8-13 72- February 7, 2002 ~\~ --- ~~:::-.;::- Jurisdictional Urban Runoff Management Program mY OF CHUIA VISTA . Provide notification to parties with a reasonable potential to exposure to pollutants associated with the overflow event. . Keep record of all maintenance activities. 8.6.2 Spill Response In support of the broad spill response requirements of Permit Section F.5.f, Section H.l.(7) requires that Copermittees provide specific descriptions of the following: . "methods to"... "respond to, contain, and clean cluding spills ITOm private laterals and failing septic system in order to prevent entrance into the MS4." . "the mechanism to receive notifica' 4 to be observed spills should generally be , since the City has ultimate s 0 not enter the MS4, they must put In timely reporting and that all parties involved i .thin the City jurisdiction are aware of, and comply e Permit requirements. Existing and proposed programs and at should be considered are described below: A. Copermittee Complaint Programs Storm water related complaints may be received through dedicated hotlines, referrals ITom other staff or agencies, or a number of other channels. Complaint investigation is discussed in Section 8.3 above. B. Emergency Response Programs For sewage spills the City does provide response services. There is a 24 hour, on-call, staff member with the ability to call additional resources. The Fire Department provides 24 hour response to other spills and may call Hazmat, if necessary. C. Housing ProgramS The City ofChula Vista's Public Works Operations has responsibility for responding, or ensuring adequate response, to sewage spills ITom private Environmental Business Solutions, Inc. 8-14 73 February 7, 2002 ~!f? --- ~ Jurisdictional Urban Runoff Management Program cnv OF CHUIA VISTA properties and public facilities. The City Storm Water Program needs to coordinate with Operations personnel to ensure that sewage releases from private residences do not impact their MS4s and are properly reported. D. Wastewater Collection Agencies SDRWQCB Order establishes minimum standards for agencies responding to sewage releases. The City has implemented the following remedial actions: . Interception and re-routing of sewage wage line failure. . Vacuum truck recovery of sanitary s water. . Cleanup of debris of se 8.7 quirements applicable both to the y ty, and the reporting of such information to summarized below: Permit Section F .5.g requires that the Copermittees "promote, publicize and facilitate the reporting of illicit discharges or water quality impacts associated with discharges into or ITom MS4s." The purpose of this requirement is to ensure that Copermittees are aware of discharges potentially affecting water quality within their jurisdictions, and that they take appropriate actions when warranted. At a minimum, this includes the use of a public hotline to receive citizen complaints. While public reporting requirements apply generally to all types of IC/IDs, the Permit provides further specificity with regards to sewage spills. Permit Section F.5.frequires that Copermittees develop and implement a mechanism whereby they are notified of all sewage spills ITom private laterals and septic systems into their MS4s. Since existing programs already provide avenues for spill reporting, the City will continue to coordinate with these entities (wastewater operations, emergency response). In combination with a storm water hotline, this may be adequate to ensure Permit compliance. Close coordination with existing programs will also help to prevent the establishment of redundant or conflicting reporting mechanisms. Environmental Business Solutions, Inc. 8-15 7Lf February 7, 2002 ~!f? ~T!- ~... "';;: Jurisdictional Urban Runoff Management Program CIlY OF CHUlA VISTA 8.2.2 City Reporting ofIC/IDs. A. Immediate Reporting of Non-Compliance to the SDRWQCB In addition to receiving reports ofIC/IDs from third parties, the City must in turn report these events to the SDRWQCB if such non-compliance is determined to pose a threat to human or environmental health. In these instances, the City must provide oral notification to the SDRWQCB within 24 hours of the discovery of non-compliance as r uired by the Permit. Oral notification must be followed up b . report and submitted to the SDRWQCB within 5 days of non- compliance. These requirements are gene any type of IC/ID, but are also contained specificall ections applying to construction sites and . ents of non- onmental health. e another to develop a ionwide. B. of the City's JURMP Annual Report, the City must provide orts of illicit discharges to the SDRWQCB. At a minimum, this must include reports of specific IC/IDs and their resolution, inspections conducted, and enforcement actions taken. C. Additional Reporting Requirements for Sewage Spills In addition to the reporting requirements newly imposed by the Permit, there are other existing, related requirements applicable to sewage spills. In some cases, these may overlap, however reporting spills to one entity will not satisfy the Copermittees' requirements with respect to any other agency. Copermittees are legally obligated to report as applicable to each of the following agencies. Reporting requirements are also described and summarized in Table 8-3. The following reporting information is provided by the IC/ID Detection and Elimination Model Program Guidance, November 13, 2001. Environmental Business Solutions, Inc. 8-16 7!7" February 7, 2002 ~!f? ~-- ~~~~ Jurisdictional Urban Runoff Management Program OIY OF CHUlA VISTA (I) County of San Diego Department of Environmental Health (DEH) California Health and Safety Code (H&SC) Section 5411.5 requires that all sewage spills be immediately reported to the DEH 24 hours a day. During standard work hours (M-F, 7:30 a.m. to 4:30 p.m.) these can be called in to the Prop 65IRecreationai Water Duty Specialist at 619-338-2386. After-hours reports should be called in to County Communications at 858-565- 255, and a request made to page the Environmental ecialist. (2) -50 requires that dischargers report to the SDRWQCB w e spills of at least 1000 gallons, or to surface waters, within 24 hours by fax (858-571-6972) or by telephone (858-467- 2952). In all instances, the discharger must fax a Sanitary Sewer Overflow (SSO) Report Form to the SDRWQCB within 5 days of the spill. The completed SSO form must also be faxed to the DEH. A quarterly report of all sewage spills, including those not meeting the criteria above, must also be submitted electronically to the SDRWQCB. TABLE 8-3: Summary of Sewage Spill Reporting Requirements . . 24 hours . . Immediate Any Permit non-compliance . . 24 hours verbal threatening human or and 5 days written environmental health Any Mitigated spills (absorbed, . DEH . 24 hours cleaned up, or captured) Environmental Business Solutions, Inc. 8-17 7h February 7, 2002 ~!ft. -!I!- ~ Jurisdictional Urban Runoff Management Program 01Y Of CHUIA VISTA Any Unmitigated spills to areas . DEH . 24 hours without potential public contact > 1000 Anywhere gallons . 8.8 The Permit Section F.5.h requires manageme p h . . 0 s . of ion sites . ection (encouraged for household hazardous wastes). The South Bay Regional Used Oil Project (SBRUOP) is a regional program that includes Chula Vista, Coronado, Imperial Beach, and National City. This program provides technical assistance and new supplies for the 45 state-certified used oil and oil filter recycling centers (Certified Centers) established under the California Integrated Waste Management Board (CIWMB) grants. The program also provides curbside collection services in Chula Vista and Imperial Beach. Through state funds, the program also administers a public education program (see Chapter 9). That public education program is promoted through local newspaper advertising, portable displays, point of purchase displays, poster distribution, public service announcements, the used oil and household hazardous waste hotline, and billing inserts. 8.8.2 Household Hazardous Waste Program (HHW) Through an agreement between the City of Chula Vista and the City of Coronado, residents of Chula Vista can deliver their HHW to the HHW facility in Coronado Environmental Business Solutions, Inc. 8-18 77 February 7, 2002 ~{~ ~~- ~ Jurisdictional Urban Runoff Management Program arv Of CHUlA VISTA for recycling or proper disposal. The service is ITee to the residents of Chula Vista. A new HHW collection facility is under construction in Chula Vista, and is expected to start operation by approximately January 1, 2002. The new facility will provide residents ofChula Vista and neighboring municipalities' easy access, and is expected to increase recycling or proper disposal ofHHW in the region. 8.9 Limiting InfIltration from Sanitary Sewer to MS4 The City's CMOM describes the controls and measures necess infiltration of seepage ITom municipal sanitary sewers Environmental Business Solutions, Inc. 8-19 7? February 7, 2002 ~!~ --- Jurisdictional Urban Runoff Management Program CIlY OF CHUIA VIsrA 9.0 EDUCATION COMPONENT Introduction The Permit has identified that the implementation of an Education Component is a critical best management practice and an important aspect of the JURMP. The SWRCB Technical Advisory Committee "recognizes that education with an emphasis on pollution prevention is the fundamental basis for solving non-point source pollution problems" In addition, the US EP A has found that "An info community is critical to the success of a storm w it helps ensure the following: t.[...J ublic becomes aware ofthe m and others in the community, they can take to protect or improve the Th fthis Education Component is to develop outreach programs and ies that will support the Permit requirements. One of the primary goals will be to educate target audiences on BMPs to control urban runoff pollutants. Equally important is the goal to achieve an understandable and consistent message that is presented to the target audiences that will inform them that they may be contributing to storm water pollution and that there are a variety of opportunities they can take to help reduce pollution. 9.1 Target Audiences A number of important issues must be addressed by the City in developing and implementing a comprehensive education program. The Permit has identified the need for education elements that must be considered for six broad target audiences. US EP A has stated regarding target audiences "The public education program should use a mix of appropriate local strategies to address the viewpoints and concerns of a variety of audiences and communities, including minority and disadvantaged communities, as well as children" (2000) Environmental Business Solutions, Inc. 9-1 71 February 7, 2002 ~If? ~ - ~ Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISTA The six target audiences that the Permit has established that must be addressed by the Education Component are: . Residential Community, General Public, and School Children . Municipal Departments and Personnel . Construction Site Owners and Operators . Industrial Owners and Operators . Commercial Owners and Operators . Quasi-Governmental Agencies/Districts Potential Outreach Content by Target Audience, a applicable, and that have been identified in the P the education program, are in Table 9-1, which section. 9.2 n III determining the specific pes of strategies and tools that can be effective outreach and education program eration of a number of factors. The City has developed and maintained a variety of aggressive, proactive and innovative educational and outreach activities for the community. Many of the programs and projects have been developed by the City with an understanding of South Bay regional watershed implications and the benefit of creating programs that utilize an economy-of-scale. These region-wide activities will be discussed in Section 9.4. 9.2.2 Target Audiences The City will utilize a general stormwater message to raise the awareness level and promote environmentally ITiendly behaviors, but will target two specific sectors; schools and the general residential population . Schools The Chula Vista Elementary School District (District) serves a very diverse population, representing students from outside the city limits. The District is comprised of 61 percent Latino and 22 percent Anglo. Environmental Business Solutions, Inc. 9-2 go February 7, 2002 ~!f? ~T!- ~::::~~ Jurisdictional Urban Runoff Management Program CIlY OF CHULA VISTA The District has the largest K-6 grade population in the state, with over 22,000 students attending 37 schools. In addition, the Sweetwater Union High School District has the largest student population in the state with 33,000 students attending grades 7-12. Records indicate they have a similar multicultural population as the Elementary Schools. This unique profile presents a challenge for the traditional environmental educator. Much of the school educational efforts will need to focus on bilingual materials, especially those proposed to be shared by the student with their families. [Chula Vi' School District] . General Residential Population The City has a population of approx' ens, with virtually an equal number of Hispani (42%). [SANDAG]. Developing an . grams to change behaviors ofth understanding 0 characte" ation and e current Language ges spoken within the ber of specific audiences that must be considered vi changes; including: individual citizens, homeowners tal units, pet owners, community groups, automobile hobbyists; -yourself painters, remodelers, and gardeners. Specific outreach and education activities within the City of Chula Vista have included and continue to include, the following: . Special Events . Street Sweeping . Otay River Valley Clean Up Project . Christmas Tree Recycling . Storm Drain Stenciling . Public Workshops . Staff Training . City Office Directory Advertisements . Residential Recycling Guide . Premium Items . Billboards on Pacific Waste Services Trucks . Point of Purchase Displays Environmental Business Solutions, Inc, 9-3 f?/ February 7, 2002 ~ {ft.. -~- ~ Jurisdictional Urban Runoff Management Program CI1Y Of CHUIA VISTA . School Presentations . Permanent and Mobile Displays . Mailing Inserts There is no single best method in educating the public on storm water quality issues. A multi-media approach will be pursued which appropriately reflects the target audiences and priorities. 9.2.3 Municipal Departments and Personnel Specific Target Audiences Permit Section F.4 (Table 1) describes the e requirements that the City must pro . high priority activities. on of BMPs into standard operating I and activities. The City is encouraged to least annually to ensure adequacy and proper Depending on the particular audience, education and training may be provided to municipal employees via a number of approaches. Examples include classroom training, paycheck inserts, e-mail, and newsletters. Focused training to key personnel should consist of classroom lectures, on-the-job safety lectures (Tailgate sessions), and/or reITesher sessions as necessary. 9.2.4 Construction and Development Specific Target Audience Several specific audiences within the construction community should be considered for inclusion in the City's Storm Water Education Program. This includes both internal staff and external project applicants. Individuals targeted for inclusion are; municipal staff, project applicants, contractors, developers, consultants, property owners and community planning groups. Environmental Business Solutions, Inc. 9-4 !?¿ February 7, 2002 ~!f? ~-- Jurisdictional Urban Runoff Management Program cnv OF CHULA VISTA Specific Content Focused education should inform developers about storm water management activities associated with project development and construction. Targeted construction sources include exposed soil, construction site entrances and exits, slopes, proper storage of construction materials, illicit connections, illegal discharges, proper storage and disposal of wastes, trash and litter, and vehicle washing and equipment maintenance. Other topic areas should include water quality impacts, methods for minimizing imp ts to receiving waters, erosion control and federal, state and local rmits. Approaches and Tools munity with storm materials lementation ofBMPs design and implementation enforcement, managers and orate BMPs into their standard operating ested approaches include: ing and distribution of educational brochures and fliers to struction companies and land development companies. . Distribution of handouts with BMP information for building and grading permit applicants. . Conducting construction and development workshops to educate project supervisors and engineers about storm water pollution and appropriate BMPs. . Educating construction site employees during routine site inspections. . Providing presentations at individual construction sites for field workers and supervisors. ~ . Providing education presentations to trade associations and professional organizations. Outreach should generally encourage site owners to address potential water quality problems early in the site design process, and to use a variety ofBMPs such as scheduling, erosion and sediment control, flow controls, site management, and materials and waste management. Educational materials will be made available at public counters for developers and contractors to pick up when requesting project approvals and construction permits. Environmental Business Solutions, Inc. 9-5 r;]3 February 7, 2002 ~!f? ~-- Jurisdictional Urban Runoff Management Program mY OF CHUIA VISTA 9.2.5 Commercial and Industrial Businesses Industrial and commercial facilities cover a diverse arena of activities and practices, but with minor exceptions, educational approaches for both will be very similar. The activities, pollutants, and sources associated with industrial and commercial facilities include wash water, oil and grease, automotive fluids, fuel, solvents, detergents, degreasers, tires, lead-acid batteries, paint, stucco, cement slurry, cement/concrete/mortar, garbage, food wastes, bottles, mobile carpet and upholstery wastes, mobile pet-groomers waste, green waste, pesticides, herbicides, fertilizers, large animal was ed or other treated water, and chemical toilet wastes. Specific Target Audiences fic audiences need to be and targeted for specific Ie e required content that is identical to the municipal d activities. In addition to meeting the minimum requirements for onal content, education and training should be provided to owners, operators, and employees to appropriately reflect their particular businesses and job responsibilities. Approaches and Tools A key to industrial and commercial education is to provide both general and specific information through as many avenues as possible. A variety of media and approaches are appropriate for commercial and industrial audiences. Brochures can be developed for dissemination during inspections to facilitate interactive learning. Inspectors should be trained to emphasize education as a means of gaining compliance. In addition, educational materials can be provided to permitted and unpermitted businesses through mail-outs, workshops, and presentations to trade associations. Other avenues include business licensing, mail-outs, trade and merchant associations, and public counters and lobbies. Environmental Business Solutions, Inc. 9-6 ~. February 7, 2002 ~{f? -~- Jurisdictional Urban Runoff Management Program OIY OF CHUIA VISTA 9.2.6 Quasi-Governmental AgencieslDistricts Quasi-governmental entities include a variety of agencies and districts that may be outside of the current regulatory purview of the City. These include special districts, school districts and campuses, water authorities, and utility districts. Many of these are similar in structure and function to government agencies, while others more closely resemble commercial businesses. Depending upon the particular type of entity, it may be possible to utilize shared materials and workshops, or to use existing approa s with minor modifications. Specific Target Audiences at the City ate rather than and sanitation s identical to that described for the municipal, and commercial target audiences. Approaches and tools should be audience-specific and should initially be modeled on other similar program elements and modified as appropriate. 9.3 Geographic Programs, Activities and Partnerships In addition to its primary stated objectives, the education program has been designed to encourage the consistent application of reasonable and effective BMPs by target audiences, to promote the most effective use of existing resources through partnerships with the public, the business community, organizations and other interested stakeholders. This strategy includes the principle of public participation and education at not only the jurisdictional level, but at a watershed and regional geographic level. A strong watershed and regional element are important for establishing ownership in the minds of the target audiences. The community is more likely to respond to education and outreach when they understand the impacts of upstream activities Environmental Business Solutions, Inc. 9-7 ~b February 7, 2002 ~ 'f?. -!ti!!- ~ Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISTA on downstream areas. Permit Section J.2.g. requires that Copermittees develop and implement watershed-based education programs by January 31, 2003. In addition to the Permit requirement the City of Chula Vista has recognized a number of reasons for addressing educational activities at a regional basis. First, educational activities can be better tailored to address concerns oflocal citizens and watershed network groups regarding local water quality issues. Watershed- level activities can also be utilized in combination with jurisdictional and regional approaches to allow for a more systematic and efficient use of e isting resources. By working cooperatively with other entities along co rways, Copermittees can also develop partnerships for ac ed goals such as used oil recycling, litter abatement, habitat res ve plant eradication. of reaching 'ness and for sharing storm water approaches. In many reasonable, practical and rmittees. T op and initiated a number of regional programs that provide a broader scale than just the City' jurisdictional responsibilities. 9.3.1 South Bav Regional Used Oil Project The South Bay Regional Used Oil Project (SBRUOP) is a regional program that includes Chula Vista, Coronado, Imperial Beach and National City. This program provides technical assistance and new supplies for the 45 state certified used oil and oil filter recycling centers (Certified Centers) established under a grant ITOm the California Integrated Waste Management Board (CIWMB). The program also provides curbside collection service in Chula Vista and Imperial Beach, with the potential to serve Coronado and National City when they choose to start. Through the use of state funds the program also administers a public education program that is promoted through local newspaper advertising, portable displays, point of purchase displays, poster distribution, public service announcements, the used oil and household hazardous waste hotline, and billing insert activities. Environmental Business Solutions, Inc. 9-8 ,...., 6~ February 7, 2002 ~!f? ~di!!- ~-«¡¡;;¡¡;;; Jurisdictional Urban Runoff Management Program cllY OF CHULA VISTA 9.3.2 Residential Collection The SBRUOP maintains a curbside used oil collection program in Chula Vista and Imperial Beach. Pacific Waste Services provides collection, recycling and marketing service for Chula Vista and EDCO provides collection services for Imperial Beach. The SBRUOP has developed and maintained a variety of media to promote the program region-wide including the following: . Door-to-Door Hotline Number 1-800237-2583 . Mailing Inserts . Point of Purchase Displays . Permanent and Mobile Displays ity to reach large audiences of are set-up at approximately 25 plays are equipped with literature, bottles, ium items bearing the hotline number. The cities ofChula Vista, Coronado, Imperial Beach and National City have selected a portion of the City ofChula Vista's new Corporate Yard at 1800 Maxwell Road as the site for the new South Bay Permanent Household Hazardous Waste (HHW) Collection Facility for the South Bay region. The four cities have agreed to work together to develop, implement and fund the program for the region, with Chula Vista as the lead agency. 9.4 Assessment and Evaluation The US EP A has identified measurable goals for urban runoff education programs, including such goals as creation of a website, halting dumping of grease and other pollutants into the storm drain by a certain percentage of restaurants, and detecting a percent reduction in litter and animal waste in discharges (2000). The Permit requires that each Copermittee "shall implement an Education Component using all media as appropriate to (I) measurably increase the Environmental Business Solutions, Inc. 9-9 97 February 7, 2002 ~!f? ~TI- Jurisdictional Urban Runoff Management Program cnv OF CHUIA VISTA knowledge of the target communities regarding MS4s, impacts of urban runoff on receiving waters, and potential BMP solutions for the target audience; and (2) to measurably change the behavior of target communities and thereby reduce pollutant releases to MS4s and the environment." SBRUOP monitors the amount of used oil collected by Certified Centers and the data has been reported on a semi-annual basis. The amount of used oil collected has steadily increased and currently exceeds 100,000 gallons and is increasing by a rate of over 10% per reporting period. The amount of oil coli ted ITom the curbside program also is monitored and analyzed on a basis. The SBRUOP attributes the increase in the amount of . effective public education program, which includes Mobile of Certified Centers, Special Events that supply residents wi els, as well as one-on-one instruction on how to take used oil programs. Environmental Business Solutions, Inc. 9-10 ?9 February 7, 2002 ~\f? -11- ~~""'" Jurisdictional Urban Runoff Management Program CITY OF CHUIA VISTA 10.0 PUBLIC PARTICIPATION COMPONENT Introduction A key foundation to the design and implementation of the JURMP is an effective public participation program. The identification and involvement of stakeholder interests is necessary to ensure that creative solutions are considered and that the JURMP implementation has broad public support. 10.1 Program Objectives An active and involved community is crucial to the succ r management program because it allows for: elopment and , therefore, are . e expected due to fewer obstacles in enges and increased sources in the form of . base of expertise and economic benefits since the community can valuable, and free, intellectual resource. . A conduit to other programs as citizens involved in the storm water program development process provide important cross-connections and relationships with other community and government programs. 10.2 Implementation Challenges One of the best ways to handle common notification and recruitment challenges is to know the audience and think creatively about how to gain its attention and interest. Traditional methods of soliciting public input are not always successful in generating interest, and subsequent involvement, in all sectors of the community. Municipalities often rely solely on advertising in local newspapers to announce public meetings and other opportunities for public involvement. Since there may be large sectors of the population who do not read the local press, the audience reached may be limited. Therefore, alternate advertising methods should be used whenever possible, including radio or television spots, announcements in neighborhood newsletters, announcements at civic organization meetings, distribution of flyers, mass mailings, telephone and e-mail Environmental Business Solutions, Inc. 10-1 gc¡ February 7, 2002 ~\f? ~~- ~~~;;;: Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISTA notifications, and multilingual announcements. These efforts are tied closely to the efforts for the public education and outreach section (Chapter 9). 10.3 Implementation Practices Implementing the public participation program should be conducted in phases, with the first stage to identify the local stakeholders and target audiences. There are a variety of practices that could be incorporated into a public participation and involvement program in Chula Vista, including the following: . Public meetings and citizen panels that all iscuss various viewpoints and provide input concemi storm water management policies and BMPs . Community cleanups along local storm drains . Storm at concerned c ' . . 0 ages individuals and groups to to monitor what is entering local aJ . that can aid local enforcement authorities in the of polluters . educators and speakers who can conduct workshops, encourage ic participation, and staff special events 10.4 Measurable Goals Measurable goals are intended to gauge compliance and program effectiveness. An integrated approach for this program could include the following measurable goals: Tareet Date Activity I year......... Notice of public meetings in newsletters, use of the County's Clean Water task groups to develop JURMP elements. Broadcast of City Council meetings. 2 year......... Development of local baseline survey to be promulgated through e-mail broadcasts, civic organizations and city's Spotlight newsletter sent to all households. Enhance City website to provide storm water program links. Create special events booth and signage for storm water messages. Environmental Business Solutions, Inc. 10-2 Cfo February 7, 2002 ~'f? ~n- ~ Jurisdictional Urban Runoff Management Program 01Y OF CHUlA VISTA 3 year....... Involvement of the community in participation of community cleanups. 4 year...... Citizen watch groups established in certain neighborhood areas; outreach to all population sectors completed. Environmental Business Solutions, Inc. 10-3 q/ February 7, 2002 ~'f? --- "'t1t:~~ Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISTA 11.0 ASSESSMENT OF JURMP EFFECTIVENESS Introduction The successful urban runoff management program requires adequate planning, design, and implementation, followed by proper operation and maintenance. In addition, the program will require a continuing assessment over time evaluate the success of management measures in reducing pollutant loads, improving water quality and educating the public. Due to the complexity of the Jurisdictional Urban Runoff gram (JURMP), assessing the effectiveness can be challenging. ons are useful for not only determining program benefits, but will als areas where program implementation can be improved. management practices (BMPs) are new and will require tiveness and design criteria. The Ci ofChula gram that will incorporate and provides continual refinement TheJU . ehensive program to improve urban runoff and storm ty to maintain integrity and sustain beneficial uses ofChula Vista's ays. . Proactively identify problem areas of dry weather urban runoff and storm water quality, and prioritize controls and mitigation measures through monitoring and reporting. . Maintain an open and dynamic public participation process for continued refinement of the JURMP. . Raise the level of public awareness to improve urban storm water quality through public education and outreach. 11.1 Evaluating the Effectiveness The effectiveness of the JURMP will be assessed in relation to the above JURMP objectives. A formal evaluation is recommended on an annual basis to provide documentation of project progress and achieved milestones, and to measure the degree of achieved success. Evaluations can be challenging due to variations in rainfall, storm events, and lack of knowledge concerning the source of specific pollutants and uncertainties ofthe effectiveness of control measures. Environmental Business Solutions, Inc. 11-1 C)2. February 7, 2002 ~ If?. --- .:t:...""", Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISTA The Copermittees have developed Program Assessment Forms that will assist in providing measurement tools that will provide a level of consistency. In addition, the preparation of an annual reporting document, the Jurisdictional URMP Annual Report, will serve as a documentation of activities and control measures ITom the past year and provide recommendations for improvements in the new year. The City also will develop selected assessment methods that are specific to the City's programs. These methods need to be dynamic; to be useful, they need to provide insight into how well the program and a specific control measure or BMP is working. 11.2 Assessment Methods In general, assessment methods fall into ements such as water quality monitoring, and in . ution indices, biological s count" . The foil g long-term trends. W; rovides a rigorous and quantitative method for dir ments in water quality resulting ITom program act' toring usually takes place in the receiving water at the discharge poi the storm water conveyance system prior to entering the receiving water. The City will continue to use its data from its dry weather monitoring program and the Copermittees' wet weather program to compile and assess water quality. Because of the variability in storm water quality, monitoring programs should be accompanied by appropriate BMPs in selected control areas for evaluating the BMPs. A critical component of the JURMP is the Evaluation of the BMPs. Jurisdictional monitoring can be, at best, a difficult process as programs are typically faced with incremental implementation of BMPs, uneven distribution of treatments, sporadic and unknown operation and maintenance procedures, upland sources not within the City, and unpredictable and uncooperative weather. It may be more appropriate and useful to address water quality improvements in terms of individual BMPs rather than at the regional or system level. An accurate evaluation of the BMP's performance needs to be analyzed or observed during and after each storm event. The effectiveness of a BMP can be related to maintenance procedures and the documentation of empirical observations. Environmental Business Solutions, Inc. 11-2 q3 February 7, 2002 ~!(? --- ~ Jurisdictional Urban Runoff Management Program CßY Of CHUIA VISTA Documenting empirical observations on standardized log forms will be crucial in understanding any aberrations or anomalies that may occur in the analytical data. 11.2.2 Indirect Measurements Public Surveys are a way of measuring support as well as gauging changes in attitudes and concerns. Effective implementation of a WRMP is strongly linked to strong public and political support. Public surveys are effective for collecting information as to the public's level of environmental awarenes erception of pollution sources and problems and disposal practices, s to support new programs and services, and neighborhood differen aracteristics. The City will utilize their existing newsletter, ent booths to create a baseline survey. Additional progress s ded for use in tracking program effectiveness and to p . . am modifications. . . . . ac IOns . mplaints . ber of inspections . Number of individuals receiving training/workshops . Bioassessments . Level of participation in the used oil recycling and household hazardous waste collection programs . Recordkeeping and tracking of business and municipal activities such as: (I) Safer alternate products (2) Material storage control (3) Storm drain signage (4) Illegal dumping control (5) Illegal connections (6) Catch basin cleaning (7) Storm drain flushing and cleaning (8) Detention/infiltration device maintenance While level of effort measures will not provide an exact measurement of program effectiveness, it does document that a high level of effort is being expended, hopefully at a reasonable cost. Environmental Business Solutions, Inc. 11-3 q'f February 7,2002 ~ ! ft.. --- ~~~~ Jurisdictional Urban Runoff Management Program mY Of CHUIA VISfA 11.2.3 Jurisdictional URMP Annual Report The Permit requires the Copermittees to submit an annual report that includes an assessment of the JURMP effectiveness. The annual report will provide documentation of the JURMP elements and data needed to make decisions regarding refinement of the JURMP. As a result, the elements of the JURMP (e.g., BMPs, monitoring, public education) will have performance standards that are related to the overall program objectives. The assessment will document specific actions implemented each year, the status of the actio comparison to the performance standards and effectiveness, need for on or modification, and recommendations. In this mann ack the program's success on an annual basis. Environmental Business Solutions, Inc. 11-4 qS- February 7, 2002 ~!~ -'m- ""'~~~ Jurisdictional Urban Runoff Management Program rnv OF CHUIA VISTA 12.0 FISCAL ANALYSIS Introduction This chapter presents a description of the strategy the City ofChula Vista (City) will use to conduct a fiscal analysis of the urban runoff management program and the implementation of new procedures, protocols, and projects for the sho d long-term. As with any new and evolving program of this type, appropri and funding are required to effectively initiate the process and then longevity in achieving the program's goals. 12.1 Program Priorities 0 itting an runoff management in ng of municipal staff is ent support to minimize and the MS4. In conjunction with these and participation program elements are scheduled to g ring public support, understanding, and involvement in runoff and storm water pollution. The City will need to establish adequate budgets to accommodate funding for program implementation. The program will need to hire additional municipal staff to support the dry weather monitoring; illicit connection/illegal discharge (IC/ID) program; inspection of industrial, commercial and municipal facilities; review arid inspection of construction sites and enforcement responsibilities. It is expected that staffing needs will grow in the future as the program matures and structural best management practices (BMPs) come on-line. A phased approach to hiring new staff would be prudent. Implementing a respectable storm water program requires attention not only to financial needs, but to staff requirements as well. The estimated preliminary cost for implementing the program assumes that existing staff positions cannot assume additional duties imposed by the program requirements. Over the course of the first three years of implementation it is expected that each of the major program elements will require additional staff for support. However, the number of staff will be contingent on the ultimate scope, complexity, and affordability of the final program. Environmental Business Solutions, Inc. 12-1 q¡;, February 7, 2002 ~!~ --di!!- ~...."'o: Jurisdictional Urban Runoff Management Program mY Of CHUIA VISTA 12.2 Fiscal Analysis Activities Current Fiscal Analysis Activities: . Determine departments' responsibilities in the areas of Program Framework, Best Management Practices, and Planning and Development. . Departments' will be responsible for identifying associated with Permit compliance. . Storm Water Management Program will co ssibly modify all cost data from departments. . . . A nt 0 Fiscal Analysis is determining cost and establishing the bu year the Finance Department, with input ITom the various City de ents, prepares a proposed budget for the upcoming fiscal year, July I through June 30. Final budget decisions are made by vote of the City Council through a budget ordinance prior to the beginning of the new fiscal year. 12.3 Current Budget For Fiscal Year 2002 (July 1,2001 through June 30, 2002, the Storm Drain Fund revenues are projected to be approximately $$$$$. Since inception, the Storm Drain Revenue Fund has funded only a portion of the storm drain maintenance, drainage capital improvement projects, and efforts to reduce pollutants in storm water to the maximum extent practicable. An analysis of the City's storm water National Pollutant Discharge Elimination System (NPDES) program revenues and expenditures indicates that the program captures its revenues from General Funds, Capital Improvement Project funds and Service fees assessed on property owners of single family homes, multi-family structures and commercial facilities through the Sweetwater and Otay Water Districts. Environmental Business Solutions, Inc. 12-2 q-¡ February 7, 2002 ~If? -.- ~ Jurisdictional Urban Runoff Management Program mY OF CHUIA VlSfA In Fiscal Year 2002 budget, $1,981,448 has been allocated for the City's Storm Water Management Unit. The Capital Improvement Projects represented $1,066,000 of the total budget expenditures. For the entire Storm Water Management Unit, only $$$$$ in funding is provided by the Storm Drain Fee. The remaining funding is provided by the General Fund and Capital Improvement Project appropriations. 12.4 Budget Forecast The adoption and implementation of the Jurisdictio Management Program (JURMP) in order to comp requirements of the Municipal Storm Water Pe financial responsibility on the City. The administer the city-wide budget fo e requirements contained increasing fees and/or pital improvements, construction, . Permit fees should be considered for ch as inspections of commercial and industrial lopments, and construction sites. De revenues ITOm Storm Water associated penalties and fines should be deposited into the Storm Drainage Revenue Fund to help offset fees for the enforcement program activities. Table 12.4-1 Estimated Storm Water Management Costs to Implement the JURMP During the Next Four Years of the Permit. Budget Period Cost July 1,2002 - June 30, 2003 July 1,2003 - June 30, 2004 July 1,2004 - June 30, 2005 July I, 2005 - June 30, 2006 Actual implementation of the activities identified in the JURMP is dependent upon identification of funding in future yearly budgets and City Council approval. 12.5 Potential Funding Sources Historically, urban runoff management programs are commonly funded by municipal governments using general appropriations, various fees or service Environmental Business Solutions, Inc. 12-3 Cj? February 7, 2002 ~!~ -~- ::to...""" Jurisdictional Urban Runoff Management Program CI1Y Of CHUIA VISTA charges, dedicated revenue, or a combination of these mechanisms. Specific fund-generating mechanisms include property taxes, sales taxes, road funding, user fees, bonding, and surcharges on other utility fees. Each of these methods differ in terms of equitability, stability, flexibility, and adequacy. Additionally, factors such as local politics, public support, and the financial health of the local government will determine which approach will be most successful in meeting a program's fmancial needs. Local funding mechanisms will usually fall within the following categories described below: [Texas Nonpoint Sour ok, Urban Runoff Management Programs] . General funds . Long-term borrowing . Pro-rata fees . Dedicated revenues . Storm . iti . ough local property taxes, fees and fines. Revenue se sources can be tied to the program and these funds can be ¡me costs or, more commonly for operations and maintenance costs. The advantage of this type of funding is that it remains stable during times of slow development; however, a major disadvantage is that it must compete with other, usually more popular, programs as general funds are primarily tax-based revenues that are shared by many programs. These funds are stable due to the all-encompassing nature of the source of the revenue and, depending on the financial health of the local government, can be an immediate resource for funding capital improvements. However, it is often the case that public resistance to tax increases results in stiff competition for limited funds. Programs that are viewed as more essential and have a higher priority, such as police, fire, and emergency medical will usually get funding before the urban runoff management program. Often the budget for public works is the first to be cut under pressure for reduced government spending. The City funds a portion of its storm water program with General Fund revenues (staffing, supplies). 12.2.2 Long-term Borrowing Environmental Business Solutions, Inc. 12-4 qq February 7, 2002 ~!~ --.- Jurisdictional Urban Runoff Management Program 01Y Of CHUIA VISTA Funding is also available through bonds and other long-term borrowing. This type of funding is used only for one-time expenses (i.e., design and construction of large structural BMPs). 12.2.3 Pro-Rata Share Fees Another approach for funding is to assess a service fee directly upon those benefiting ITom the improvements and/or program. Funds gener ted ITom this source are tied to specific programs. For example, water ewater sewer fees are structured to cover the cost of these progr ost common method used because it does not impose a tax on . Funding of this nature can be in the form of a permit fee levi per or property owner. nly imposed orm water drainage runoff management e adequacy of the fees to cover ent program. These permit fees would activities and their costs or for capital improvements. Se s are similar to tax-based revenues in that all citizens contribute; ho ey are not a general fund revenue-generating mechanism. Rather, the charges are structured to cover costs of a specific project or program. Service charges can be a stable, equitable, and adequate source of funding for the urban runoff management program. The City utilizes this funding mechanism to support a portion of its programs. However, fees may be collected by an associated agency (i.e., Sweetwater Authority and Otay Water District) and may not be returned to the intended program in the same proportion as collected. 12.2.4 Dedicated Revenue Dedicated revenue is often considered the optimal funding mechanism and is similar to the service charge method. Commonly generated under the auspices of storm water utility, dedicated revenues are stable, equitable, adequate, and flexible. Once established, this type of revenue source is often not subject to annual budget considerations. However, the amount of the fee is budget-based and subject to policy approval. Innovative funding sources at the state level have included Environmental Business Solutions, Inc. 12-5 100 February 7, 2002 ..s.\ ~ -,,- ~~~~ Jurisdictional Urban Runoff Management Program CI1Y OF CHUIA VISTA special fees on products such as cement, asphalt, oil, fertilizer, pesticides, water, solid waste tipping fees, and paint manufacturers. 12.2.5 Drainage Utilities Creating a drainage or storm water utility is relatively new and increasing popular method of raising funds for an urban runoff management progr . Storm water utilities operate through the assessment of a fee on the impervious coverage of existing development located in a desi ea. Most utilities are administered by the local public wor s method of fund raising is highly recommended throughout rm water programs. However, recent surveys indi programs can support all their storm water acti . . rely on mixed funding meth allowed for Vector Control Districts, tewater and parks. Generally these require the the Local Agency Formation Commission (LAFCO) sed by assessing property owners within the district. The Storm Water Management Unit will provide revenue source recommendations to the City Council for their consideration. 12.6 Rate Setting Process Typical rate setting criteria applicable to storm water and other municipal utilities are as follows: . Sufficient Revenue - Fees should generate the revenues necessary to recover the operation and maintenance expenses and capital costs of the system consistent with sound fiscal policies. . Equitable - The fee structure should fairly apportion the costs of providing the service among different customers such that each parcel bill is commensurate with the service provided. . Implementation - Data upon which the fees are based is available for billing purposes, and the fee structure is feasible for the City to administer. . Practical- Customer's bills are easy to read and understand, and publicly acceptable. Environmental Business Solutions, Inc. 12-6 /Of February 7, 2002 ~ 1ft.. --~- ~ Jurisdictional Urban Runoff Management Program 01Y OF CHUlA VISTA In order to achieve the above objectives, a rate setting process is conducted. This process follows these five steps: 1. Assess Annual Revenue Requirements 2. Conduct Cost of Service Analysis 3. Evaluate Alternate Storm Water Rates 4. Update Rate Structure 5. Recommend Rates The City's Storm Water Management Unit will p ations to the City Council for potential options to implement. 12.7 Recommendations ew staff to implement activities omplaint investigations, enforcement and illegal connections, public education and outreach tive support. ram grows to maturity over the next couple years, additional fiscal an ysis will be required to maintain a balance between revenues and program costs. It is recommended that the City phase-in the hiring of new permanent full- time staff and continue to utilize the temporary services of consultants to perform activities such as dry-weather monitoring and program development. This will allow the City to evaluate the potential for Copermittee collaboration for specialized monitoring activities, industrial and commercial inspections and other regional activities. There is a potential for economy of scale if the Copermittees cooperate on a regional or watershed basis. The City's lead role in the establishment of the Used Oil Recycling Program and the Household Hazardous Waste programs are examples of this regional cooperation benefiting other nearby jurisdictions. The preliminary assessment of the storm water program concludes that the existing staffing levels are inadequate to support the new levels of activities mandated by the Permit. The City needs to hire additional staff who can assume duties and responsibilities in the areas where the City has determined to require oversight and enforcement efforts, such as inspections, public education, and enforcement. Environmental Business Solutions, Inc. 12-7 /{)2- February 7, 2002 ~!~ -'-- "10.."", Jurisdictional Urban Runoff Management Program 01Y OF CHULA VISTA Revenues The City needs to explore other potential funding sources that will provide dedicated revenues to the storm water program. Otherwise the Storm Drainage Service Fee will need to be drastically increased to meet the anticipated expenditures required under the Permit. Environmental Business Solutions, Inc. 12-8 103 February 7, 2002 ~!f? ---- Jurisdictional Urban Runoff Management Program OIY OF CHUIA VlSfA 13.0 FIRE FIGHTING Introduction Discharges ITOm non-emergency fire fighting can potentially be significant sources of pollutants to the MS4. Pollutants that enter the MS4 are generally flushed out to receiving waters and can therefore negatively impact receiving water quality. The Pennit in Section BA states that each Copennittee shall develop program within 365 days of adoption of the Order to reduce po emergency fire fighting flows (i.e., flows from controlled maintenance activities) identified by the Copennittee to b pollutants to the waters of the United States. 'on 40 CFR di or flows ITom as significant sources of 13.1 E ti flows (i.e., flows necessary for the protection of life or t require best management practices (BMPs) and need not be Non-emergency fire fighting discharges and flows must be addressed when identified as significant sources of pollution. 13.2 Program Development and Implementation The City's Stonn Water Management Unit is working closely with the fire department to develop and implement a BMP program that allows fire-fighting flows during emergencies deemed necessary in the interest of public safety and fire protection. The use of fire hydrants by the fire department, city maintenance departments, or the water purveyor for testing and exercise of hydrant valves is deemed necessary in the interest of public safety. Environmental Business Solutions, Inc. 13-1 /ðt.j February 7, 2002 ~!f? ~-- ~ Jurisdictional Urban Runoff Management Program rnv Of CHUIA VISTA The use of fire hydrants by the City's Public Works Operations Division and contractors to provide metered water to businesses or to fill water trucks must be done in a manner to avoid spillage and leaking lines. The use of non-emergency fire fighting flows for controlled burns and practice blazes will be coordinated with the City's Storm Water Management Unit to ensure adequate BMPs have been implemented on a case-by-case basis. 13.3 BMPs a) Vehicles, Apparatus Maintenance and Resp . Vehicles will be cleaned where runo gh landscaped area. . Vehicles will be cleaned wh orate. . Vehicles will be cle to drain with s e to provide prompt containment and cleanup lied vehicle fluids. f detergent will be minimized and cleaning solutions will be sposed ofto sewer system. Cleaning solutions used on response equipment shall be disposed of in a utility sink. b) Training Operations . Water flows will be directed to landscape areas whenever possible. . When flowing water will not be contained in the landscape areas, the Officer-in-Charge shall survey the area prior to the training exercise to ensure that debris will not enter the storm water system as a result of the drill. . Areas that contain debris materials, that could potentially enter the storm water system as a result of the training exercises, will not be used until debris has been removed. . Live fire training activities will be pre-planned to allow integration of barriers to off site runoff that could contribute to storm water' discharges. Environmental Business Solutions, Inc. 13-2 / (J£ February 7, 2002 ~!~ --- ~ Jurisdictional Urban Runoff Management Program CIlY OF CHUlA VISTA c) Facility Maintenance . Impervious hardscape areas such as apparatus floors, driveways, patios, and walkways will be swept to remove debris. Debris will be placed in the trash. . Landscape areas will be maintained as required to reduce introduction of leaves and other landscape waste into the storm water system. . Irrigation systems will be monitored and maintained as required to reduce irrigation water ITom going off site. . Spills will be cleaned up using spill kits provided a disposal of spilled material will be in regulations. . Spills that require a clean up bey employees shall be reported t Department to arrange fì . Maintenance and methods that n d) n of response equipment shall be manner t at eliminates discharges to the storm water er practicable, and minimizes discharges to the storm system when elimination of discharges is practically avoidable. Tools, fire hoses, ladders and other equipment utilized at the scene of an emergency will be restored to a response ready state in a manner that does not delay the ability of the apparatus to be available for another emergency response. Environmental Business Solutions, Inc. 13-3 lOb February 7, 2002 ~!~ --0- ~ Jurisdictional Urban Runoff Management Program CITY OF CHUIA VISTA 14.0 CONCLUSIONS AND RECOMMENDATIONS This Jurisdictional Urban Runoff Management Program is in its first iteration and as such does not have sufficient information to provide a conclusion. However, the identified industrial and commercial facilities, and active construction site of 5 acres and above have been categorized as high priority. These facilities and sites will be inspected during this first year of implementation. Conclusions of the fmding of these inspections will be addressed in the first annual report due to the RWQCB on January 31, 2003. These conclusions and findings will be used as the basis for th recommendation of the programs implementation, which categorization of priorities for certain facilities and active Environmental Business Solutions, Inc. 14-1 /07 Feburary 7, 2002 ~I~ ~-- ~~,,;;;: Jurisdictional Urban Runoff Management Program CIlY OF CHUIA VISTA 15.0 REFERENCES Techniques for Tracking, Evaluating, and Reporting the Implementation of Non point Source Control Measures. EPA 841-B-00-007, January 2001 Guide for BMP Selection in Urban Developed Areas (2001). ASCE Envir. and Water Res. Inst. Reston, VA. National Stormwater Best Management Practices Database (2001). Ur Resources Research Council of ASCE. Wright Water Engine Construction Site BMP Manual for 2000. State ofCalifì Transportation Storm Water Quality Handbooks. Final Draft) P , A Manual for the Standard Urban , 000). Los Angeles County Department of ormwater Best Management Practices. (July 2000). City of Los unoffManagement Division. Los Angeles, CA. Stormwater, Grading and Drainage Control Code, Seattle Municipal Code Section 22.800-22.808, and Director's Rules, Volumes 1-4. (Ordinance 119965, effective July 5, 2000). City of Seattle Department of Design, Construction & Use. Seattle, Washington. Start at the Source, Design Guidance Manual for Stormwater Quality Protection. Bay Area Stormwater Management Agencies Association. 1999 Edition. Oakland, CA. Stormwater Strategies Community Responses to Runoff Pollution. Natural Resource Defense Council, By Peter Lehner, George P. Aponte Clark, Diane M. Cameron and Andrew G. Frank. May 1999. Low-Impact Development Design Strategies- An Integrated Design Approach (June, 1999). Prince George's County, Maryland Department of EnvironmentaI Resources Programs and Planning Division. Largo, MD. Maryland Stormwater Design Manual (1999). Maryland Department of the Environment. Baltimore, MD. Environmental Business Solutions, Inc. 15-1 /[)<¡ Feburary 7, 2002 ~!~ ~f!- - Jurisdictional Urban Runoff Management Program CIlY OF CHULA VISTA Preliminary Data Summary of Urban Runoff Best Management Practices (August 1999). u.s. EPA. EPA-821-R-99-012. Second Nature: Adapting LA's Landscape for Sustainable Living (1999) by Tree People. Beverly Hills, CA. Stormwater Management in Washington State (1999) vols. 1-5. Department of Printing State of Washington Department of Ecology. Olympia, WA. Urban Storm Drainage, Criteria Manual- Volume 3, Best Management Practices (1999). Urban Drainage and Flood Control District. Denver, Co. San Diego County Association of Resource Conservation 1998 San Diego County Edition. Best Management Practices for nt Control and Storm Water Retention/Detention Community and Design Staff Guide (Best ifornia Department of Transportation. - Online Module (1998). Texas Statewide Urban runoff rth Central Texas Council of Governments. Arlington, IX. Institutional Aspects of Urban Runoff Management. A guide for Program Development and Implementation A comprehensive review of the Institutional Framework of Successful Urban Runoff Management Programs. May, 1997 Operation, Maintenance and Management of Stormwater Management (1997). Watershed Management Institute, Inc. Crawfordville FL. California Industrial/Commercial Stormwater Inspection Program Handbook for Municipal Agencies. Alameda Countywide Clean Water Program. March 1996 Design of Storm water Filtering Systems (1996) by Richard A. Claytor and Thomas R. Schuler. Center for Watershed Protection Branch. Landover, MD. Potential Groundwater Contamination ITom Intentional and Non-intentional Stormwater Infiltration. Report No. EPA/600/R-94/051, USEPA (1994). California Urban runoff Best Management Practices Handbooks (1993) for Construction Activity, Municipal, and Industrial/Commercial. Los Angeles County Department of Public Works. Environmental Business Solutions, Inc. 15-2 /oq Feburary 7, 2002 ~!ft. ---- ~ Jurisdictional Urban Runoff Management Program 01Y Of CHUIA VISTA Design Manual for Use of Bioretention in Stormwater Management (1993). Prince George's County Watershed Protection Branch. Landover, MD. Guidance Specirying Management Measures for Sources of Non point Pollution in Coastal Waters (1993). Report No. EP A-840-B-92-002. National Technical Information Service U.S. Department of Commerce. Springfield, VA. Florida Development Manual: A Guide to Sound Land and Water Management (1988). Florida Department of the Environment. Tallahassee, FL. Designing for Effective Sediment and Erosion Control on s. Jerald S. Fifield, Ph.D., CPESC. National Stormwater Best Management Practice 1.0. American Society of Civil Engineers. Res The Practice Center for Environmental Business Solutions, Inc. 15-3 110 February 6, 2002 ~!~ --[1:1- ~ Jurisdictional Urban Runoff Management Program Cl1Y OF CHUIA VISTA Table 2-1 Municipal Best Management Practices Road and Street Maintenance Minor repairs Culverts and catch basins Pot-holing Concrete channels Construction (placement of Stonn drain inlets pedestrian ramps, sidewalks, etc.) Maintenance drainage Employee training channels and stonn drains Public education Re-paving activities Battery acid - leaks Antifreeze- leaking radiators Litter Green waste - clippings/ mowmg Sediment - construction and earth movement activities Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 11/ February 6, 2002 ~!~ --- ~~~~ Jurisdictional Urban Runoff Management Program CIlY Of (HUlA VISTA Table 2-1 Municipal Best Management Practices Parking Facilities Management Sweeping Pipes Degreasing Culverts Parking of Open channels vehicles and equipment Swales Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 200 1 1/2- February 6, 2002 ~I~ --- ~ Jurisdictional Urban Runoff Management Program OIY OF CHUIA VISfA Table 2-1 Municipal Best Management Practices Public Buildings (Administrative, Fire Stations, Animal Shelter, Nature Center, Libraries) Parking Drains Material storage Swales Food Pipes preparation and waste disposal Visual inspections Spill prevention and response Employee training Landscape waste Native vegetation Pesticide, herbicide, and fertilizer application and handiing Public education Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 1/3 February 6, 2002 ~!~ -",- ~ Jurisdictional Urban Runoff Management Program CJlY OF CHUIA VISTA Table 2-1 Municipal Best Management Practices Landscape and Recreational Facilities Management Creeks Grounds keeping Rivers Sanitary portal Pipes maintenance Drains Visual inspections Spill prevention and response Other toxic Employee training chemicals Landscape waste Heavy metals Native vegetation Animal wastes Facility repair, remodeling, and construction Pesticide, herbicide, and fertilizer application and handling Public education Environmental Business Solutions, Inc. Source: County nf San Diego Model IURMP Program, June 200 I /1'1 February 6, 2002 ~Ift- --- ~ Jurisdictional Urban Runoff Management Program 0lY OF CHUIA VISTA Table 2-1 Municipal Best Management Practices Corporate Yards for Materials, Waste, Equipment, and Vehicle Maintenance Rock-lined channels Maintenance activities Concrete channels and Materialloading brow ditches and unloading Employee training Vehicle maintenance Sediment and erosion control Detergents Vehicle and equipment maintenance operations Fuel spills Waste disposal and recycling Vehicle and equipment washing Loading and unloading materiais Storage tanks Outside storage Record Keeping and Reporting Record keeping may include: Incident and inspection log Field notes Drawings and maps Employee training log Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 /15" g N ] J .. ~ ! ~ . ! . - ' ~ ~ ' i ~ ! E ,j! ; . þ , ~ . ; co' . ~ . ~ ~ . = ~' ¡ g ~I j , ~ ~~ Æ c ,.Q"¡ " 01 .. .-. ¡¡; ..c E-<"CI " :5 a u ~ ëi'" '" ~ .~ .= < ~ a ,~ oS go :t '5! :: 6h.g ~~:¡j '¡: ð -*:::;,1! ~.@¡:: :I 1--8"".:J4 ..., ~ -'" oS' og¡¡; ~ ~:5: u..., o~'¡¡j-¡¡ ... cc ~ -0 ¡¡;"'," 0 '" æ 0:: &"" :< o~:á 8 ~ "',. ~I~~f ~~ ~ ~ J ~1~f5~ &: * o~! ::J: '"~" U ...~... "",¡¡; H~ ,,' " ."~ ~ô~ £ .t"fB Pð ' 0' 0° 0 ,~.- " .-. ~ '" :3 c: ¡ñ '" aJ ~ ~ c: e os: c: w lib February 7, 2002 ~!~ -'m¡- Jurisdictional Urban Runoff Management Program CITY Of CHUlA VISTA INDUSTRIAL BMP Table 3-1 Hazardous Materials Storage Outdoor storage of hazardous Stock Leaks materials rotation Weathering tly coverage spections dispose ofHAZMAT in ance with applicable Federal, State, and aws and regulations Outdoor . Practice good housekeeping containers . Provide secondary containment . Provide readily accessible spill response Storage of equipment liquids Motor oil . Report spills promptly Hydraulic . Conduct periodic inspections . Consider overhead coverage fluid . Keep away from stonu drain inlet Transmission . Protect all stonu drain inlets fluid . Interrupt impervious surface Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 1/7 February 7, 2002 ~!~ ~-- ~~:::-:::- Jurisdictional Urban Runoff Management Program CI1Y Of CHUIA VlSfA INDUSTRIAL BMP Table 3-2 Solid Waste Storage Dumpster Trash . Practice good housekeeping area storage & . Train employees disposal Trash . Keep Ii . Consi Green waste Cast-off run-o items . Co Liquid waste . C Y from after-hours dumping clean and free of debris sweep area routinely . Keep away from stonn drain inlet . Protect any stonn drain inlet . InteITUpt impervious surface . Periodically clean stonn drains Environmental Business Solutions, Inc" Source: County of San Diego Model JURMP Program, June 2001 / It February 7, 2002 ~!f? -T!- Jurisdictional Urban Runoff Management Program CI1Y OF CHUIA VISTA INDUSTRIAL BMP Table 3-3 Loading and Unloading of Siguificant Materials Loading Dependant upon . Load/unload only at designated ioading docks the types of areas materials . Regular broom handled . T Dust & s to prevent drainage debris th concrete instead of k drains in the area the loading area to be sloped to d w toward an inlet with a shut-off valve. Keep the valve closed at all times. Use benns or slopes to prevent run-on so that stonnwater is not generally directed to the loading area. . Connect the inlet to the sanitary sewer, if allowed by local wastewater authority, and discharge to established limits . Contain spills and clean-up as soon as possible . Report significant spills Breakdown Binding & Litter: Paper, . Cover loading areas of shipping packing plastic, metai . Grade properly & install benns containers, materials bands, staples, . Seal door skirt between trailer and building inciuding packing . Divert stonn water away from loading areas disposable materials ones (Styrofoam), cardboard Material Spills Soil, pesticides, . Minimize on-site storage of hazardous delivery & fertilizers, materials storage Leaks detergents, . Store equipment and supplies in plaster, specifically designated areas with secondary petroleum containment, e.g., benns, pallets, & flow products, & diversion hazardous . Conduct regular inspections chemicals . Train and educate employees & subcontractors . Keep away from stonn drain inlet . Protect any stonn drain inlet . Interrupt impervious surface Environmental Business Solutions, Inc. Source: County of San Diego Model IURMP Progrnm, June 2001 I j c¡ February 7, 2002 ~!~ -!I!- ~:::~~ Jurisdictional Urban Runoff Management Program CIlY OF CHUlA VISTA INDUSTRIAL aMP Table 3-3 Loading and Unloading of Significant Materials carrying potential pollutants d for loading with irts to provide a strip ling open end of the the open loading dock door forklifts in good condition . Provide SPCC materials . Check trucks for leaks . Dry sweep routinely & practice good Metal (break housekeeping . Unclog drains & provide grates, as needed linings) . Train employees . Post written instructions & provide a sign- in log . Block storrowater drains during activities . Maintain log of activities Environmental Business Solutions, Inc. Source: County of San D~go Model IURMP Program, June 2001 /W February 7, 2002 ~!f? --~- ~ Jurisdictional Urban Runoff Management Program CßY OF CHUIA VlsrA INDUSTRIAL BMP Table 3-4 Vehicle Fueling Fueling area Re-fueling . Cover stonn drains in the vicinity during of transfer vehicles Leaks Gasoline . Provide readil ac Ie spill response equipm Employee Oil/grease . Rep habits . Trai Trash . C ge C separated from h room ering" signs I dumping after hours port leaking vehicles to fleet maintenance . Design fueling area to prevent stonn water runoff and spills . Cover area and use a perimeter drain or slope pavement inward with drainage to sump; pave area with concrete rather than asphalt. . Materials and equipment for spill response must be maintained and kept readily accessible Intake area of . Store portable absorbent booms (long flexible underground shafts or barriers made of absorbent material) in or unbenned fueling areas aboveground storage tanks . Use structural controls such as a low-flow sump, oil/water separator, wet pond or infiltration basin so that spilled material is not discharge into the rest of the stonn drain system Petroleum . Use oil/water separators or underground compounds, vaults, such as three-chamber separators, that grease, allow for sedimentation, removal of oil and floatable grease, and prevention of surcharge pressure debris, & settleable solids Settleable . Install inlet catch basin equipped with a small solids sedimentation basin or grit chamber to remove large particles from stonn water in highly unpervlOus areas Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 /2; February 7, 2002 ~!ft. --- ~::.::::-~ Jurisdictional Urban Runoff Management Program cnv OF CHUIA VISTA INDUSTRIAL BMP Table 3-5 Landscaping and Groundskeeping . Minimize use of fertilizers and herbicides . Store chemicals off-site by contracted Fertilizers landscaping fInD . Train e Herbicides Pruning Green Total composting or waste Excavating to pervious pavement, & ring rains implement and Integrated Pest anagement system Garage . Keep spill response materials readily accessible . Perform repairs indoors or on impervious surfaces Waste oil . Use proper funnel, drains, & pans Grounds & . Utilize water delivery rates that do not Medians exceed the infiltration rate of the soil . Periodically observe areas that are watered to identify and correct damaged sprinkler systems, to adjust sprinkler heads, and to identify areas of excess watering and runoff . Where practical, use automatic timers to minimize runoff . A void overspray to minimize runoff and contact with equipment in the areas surrounding the targeted landscape . Use fertilizer/herbicide/pesticides in accordance with the manufacturer instructions . Prevent overspray or application of chemicals outside of the targeted landscaped area Environmental Business Solutions, Inc. Source: County of San Diego Model IURMP Program, Iune 2001 /22- February 7, 2002 ~If? -~- ~ Jurisdictional Urban Runoff Management Program cnv OF CHUlA VISTA INDUSTRIAL BMP Table 3-6 V ehiclelEquipment Washing Oil/grease Antifreeze Equipment in wash area lines to collect at wash area if prevent run-on ashing facilities osp ate-free and biodegradable whenever possible . Train staff on proper maintenance measures for the wash area . Storm drain inlet location within or down gradient of wash area shall be covered or otherwise protected to prevent the entry of wash water or rinse water . Spill response materials must be readily available and accessible . Report significant spills Environmental Business Solutions, Inc. Source: County of San Diego Model illRMP Program, June 2001 123 February 7, 2002 ~'f? -f!- 'I::~~", Jurisdictional Urban Runoff Management Program CITY OF CHUIA VlSfA INDUSTRIAL BMP Table 3-7 Parking Lots Trash eptacles in parking lot ills immediately with aterial lIto flow into strip and swale) and s ize sand filters or oleophilic Hectors for oily waste in low quantities. . Arrange rooftop drains to prevent drainage directly onto paved surfaces . Design lot to include semi-permeabie hardscape . Install catch basins Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 12,/ February 7, 2002 ~!ft. --- Jurisdictional Urban Runoff Management Program CI1Y OF CHUIA VISTA INDUSTRIAL BMP Table 3-8 Process Water Pretreatment Pre- treatment area De- ionization d other ent to prevent fig to ious surfaces te discharge, blowdown, or fugitive leaks to sanitary sewer Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 125 February 7, 2002 ~!f? --- Jurisdictional Urban Runoff Management Program cnv Of CHUlA VISTA INDUSTRIAL BMP Table 3-9 Outdoor Equipment Storage Outdoor Storage equipment storage Outdoor of usable storage ment yard ove, recycle, or sell cast- s as scrap material . Practice good housekeeping . Drain fluids before storage, where feasible, and dispose of them properly . Use drip pans and other methods of fluid collection . Train employees Spills . Train employees . Practice good housekeeping Leaks . Isolate area with benns or cubes to protect against run-on Run-on . Maintain inventory and rotate materials . Install overhead coverage . Must have spill response materials readily available and accessible . Report significant spills Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 /lCr, February 7, 2002 ~I~ -.- ::t:~~;;;: Jurisdictional Urban Runoff Management Program alYOF CHUIA VISfA INDUSTRIAL BMP Table 3-10 Rooftops Roof- Cooling HVAC Roof Rain Runoff Particulates Work fiom work areas and areas Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 127 February 7, 2002 ~!ft. -n- ~ Jurisdictional Urban Runoff Management Program mY OF CHUIA VISTA INDUSTRIAL BMP Table 3-11 Wastewater Treatment Bacteria . Routinely clean facilities to improve hydraulic capacity Viruses . Use vacuum e diver Fecal coliform . Cov other conv om storm drains ashout areas leaks an removing waste for proper Environmental Business Solutions, Inc" Source: Couoty of San Diego Model JURMP Program, June 200 I /2'6 February 7, 2002 ~!f? --- ~ Jurisdictional Urban Runoff Management Program ŒYOf CHUlA VISTA INDUSTRIAL BMP Table 3-12 Vehicle Maintenance Outdoor Engine ated ehicle maintenance ound storm drains rk area so as to limit exposure to the en not in use . Do not discharge floor cleaning effluent to the storm water conveyance system . Keep retired vehicles off the ground, place oil pan under them if necessary Environmental Business Solutions, Inc. Source; County of San Diego Model JURMP Program, June 2001 /21 February 7, 2002 ~I~ --",- Jurisdictional Urban Runoff Management Program QJY OF CHULA VIsrA COMMERCIAL BMP Table 4-1 Repair and . Service vehicle indoors or within maintenance covered areas or emergency Transmission . Ensure floor drains are plumbed to outdoor Preventative Replacing fluid sanitary sewer; if not, then cover drains repairs maintenance parts . Place secondary drip pans under fluid Antifreeze receptacles Storage, Spill (coolant) . Keep absorbent materials/pads readily management, response accessible in work areas and disposal plan Brake fluid . Segregate waste fluids and store in of hazardous approved containers materials Signage Heavy metals: . Recycle fluids whenever possible Cu, Zn, Cr, Ni, . Dispose of hazardous wastes properly Parking areas Pb . Send soiled rags to laundry service or Solid waste Airborne dispose ofthem properiy . Use tarp and drip pans under vehicles Loading and . Drains to landscape area unloading . A minimum often feet separation between ground water and the impervious Fueling of surface is required vehicles Rooftop Infiltration of wash water or rinse water to pervious surfaces is not allowed Salvage area Same as Same as Same as above . Drain fluids from "parts" vehicies upon above above arrival to the yard . Recycle oil, antifreeze, batteries, etc. Cleaning Run a "dry" Same as Same as above . Collect dust, grinding, and shavings at shop above work stations . Dry sweep work areas before mopping Use non- . Dispose of mop water to sanitary sewer caustic only cleaning . Power wash engines on paved, beDDed agents surfaces equipped with sump drain or oil/water separator connected to the stonn sewer Continued upon the next page... Environmental Business Solutions, Inc. Source: County of San Diego Model IURMP Program, Juoe 200 I /30 February 7, 2002 ~!~ -~- ~ Jurisdictional Urban Runoff Management Program OIY OF CHUIA VISTA COMMERCIAL BMP Automobile Servicing Replace chlorinated solvents with aqueous cleaning solutions Storage, See Tabies 3-1 and 3-2 under Chapter 3, management, Industrial Component. and disposal of hazardous materials Environmental Business Solutions, Inc. Source: County orson Diego Model JURMP Program, June 2001 /3/ February 7, 2002 ~Ift. -11- ~ Jurisdictional Urban Runoff Management Program QJY OF CHUIA VISfA COMMERCIAL BMP Table 4-2 Signage Discarded maintenance Vehicle Preventative materials maintenance maintenance sand Record keeping accessible I logs inspections uei indoors only . Keep spill response materials readily accessible (use dry Helicopter/ methods) and report spills Aircraft promptly fueling . Conduct operations on AC or JetH concrete surface AvGAS . Post written fueling procedures . Provide benns/curbs/dikes in fueling area . Cover/protect stonn drains during fueling . Conduct periodic inspections . Conduct preventative maintenances on fueling equipment . Provide secondary containment . Provide absorbent materials on the fueling wck/island Continued upon the next page... Environmental Business Solutions, Inc. Source: County orSan Diego Model JURMP Program, June 2001 /32- February 7, 2002 ~!~ ---- ~~~~ Jurisdictional Urban Runoff Management Program 01Y Of CHUIA VISTA COMMERCIAL BMP Wash rack or Same as above Pressure Rinsate . ConfIDe washing to airport pad washing (engine fluids/ approved wash rack sediment) . Initially wipe down surfaces Aircraft instead of rinsing washing: . Operator BMP training . Maintain oil/water separator With . Conduct periodic inspections of oil/water equipment separator . Isolate area with benns .0' sate into oil-water Without sanitary sewer oil/water ft or dispense separator water separator dispense with ler Outdoor areas Employee training g mg Aircraft fIre- OVI e secondary containment fighting all fluids activities . Keep spill response equipment readily accessible Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 200 I /33 February 7, 2002 ~I~ -m- Jurisdictional Urban Runoff Management Program CI1Y OF CHUlA VISTA COMMERCIAL BMP Table 4-3 Boat Servicing Slips Recycling oil, frequently Dry dock solvents, COD and coolant Hull work vacuum tank for smission fluid or strip surfaces in dry dock eep dry dock clean of waste and debris . Use tarp or drop cloth to catch chips . Use dustless sanders or enclosures . Use approved paint for hull bottom Emulsifiers . Use drip pans under engine . Use oil-absorbent or digestion pillows/pads Fueling OiVgrease instead of emulsifier or detergent cleaners . A void pumping bilge water when it is oily or Fuels casts a sheen . A void overfilling fuel tank . Provide fuel-absorbent pads or booms at dispenser . Store fuel in approved marine containers . Display U.S. Coast Guard oil discharge placard if required Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 200 I IlL/- February 7, 2002 ~{~ ---- "'t~~~ Jurisdictional Urban Runoff Management Program CI1Y OF CHUIA VISfA COMMERCIAL BMP Table 4-4 General maintenance area or pad Spill response Equipment plan maintenance and repair Record keeping osed as trash zed inventory of used in the maintenance shop oil filters before disposal or recycling . Store cracked batteries in a non- leaking secondary container . Promptly transfer used fluids to the proper container; do not leave full drip pans or other open containers around the shop . Inspect the maintenance/repair area regularly for proper implementation of control measures . Segregate, label, and recycle wastes, such as greases, used oil or oil filters, antifteeze, cleaning solutions, equipment batteries, hydraulic, and transmission fluid . Use absorbent materials on small spills . Plug floor drains that are connected to the storm or sanitary sewer . Install spill kits in maintenance bay Continued upon the next page... Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 135' February 7, 2002 ~!f? -n- ~ Jurisdictional Urban Runoff Management Program C/1Y Of CHULA VISTA COMMERCIAL BMP Table 4-4 . Train employees on proper washing procedures . Use dry clean Wlp Equipment of cleaning Recycle wash and washing water Substitute less toxic soaps/cleaners detergents less water for cleaning and washing . Contain and recycle wash water . Inspect cleaning area regularly . Clean stonn drains regularly, and Hydrocarbons stencil "No Dumping" . Evaluate feasibility of constructing a benned or covered wash area draining to the sanitary sewer . Self contain anJor covered, equipped with a clarifier, or other pretreatment facility, and properly connected to a sanitary sewer or to a pennitted disposal facility Continued upon the next page... Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 /~ February 7, 2002 ~I~ --- Jurisdictional Urban Runoff Management Program 01Y Of CHUIA VISTA COMMERCIAL BMP Table 4-4 Accidental leaks ary equipment, drain pan or drop cloth, when g to catch spill/leaks . Install "shut-off' valves on nozzles . Provide a smooth, impervious surface (e.g., Portland cement concrete) rather than asphalt in fueling area . Provide overhead cover for fuel dispensing area Equipment Equipment Fuel, oil, . Dry sweep parking area regularly to storage lot leaks grease, reduce the accumulation of soils and solvents, other debris battery acid, . Use drip pans under all vehicles and coolant, soil, equipment waiting for maintenance and other . Use absorbent material to clean up debris spills, and for general cleaning rather than hosing down the area. Remove the absorbent material promptly. . Clean stonn drains regularly, and stencil inlets with "No Dumping" Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 /37 February 7, 2002 ~!~ --- "'t~:¡,~ Jurisdictional Urban Runoff Management Program mv Of CHUIA VISrA COMMERCIAL BMP Table 4-5 AutomobileN ehicle Body Repair or Painting Minimize Over-mixing Painting volume needed Is Stripping for the job Spills p cloths Cleaning ts/wet sanding trash er-based itary sewer Non- work to approved, enclosed hazardous equipped with vacuum hood and paint: filter Scraping or . Dry-sweep or vacuum dust and sandblastin dispose to trash g, body . Use appropriate, well-maintained filling, wet equipment (e.g., high-efficiency paint sanding Overspray sprayers, electrostatic spray guns, air- atomized spray guns, high-volume/low Paint booth pressure and gravity-feed guns) Suspended . Collect and treat wastewater or Hazardous Rinsate from solids remove as hazardous waste paint dust control . Refer to Cal-OSHA guidelines and removal state & local hazardous waste . Refer to Cal-OSHA guidelines and Cleaning state & locai hazardous waste laws equipment . Use self-contained cleaning vat . Recycle cleaning fluid . Report significant spills . Body work and painting must be conducted indoors or under cover or other precautions must be taken to prevent the discharge of contaminants into the stonn water conveyance system . Water-based paints may be disposed of to the sanitary sewer system after approval from appropriate Wastewater Agency Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 200 I /3E February 7, 2002 ~ ! ft.. -!I!- -"<...,,'" Jurisdictional Urban Runoff Management Program cnv OF CHUIA VISTA COMMERCIAL BMP Table 4-6 Use less toxic Vehicle detergents, engine e.g., aqueous cleaners wastewater tank for wash that cannot be disposed properly while on site Use unpaved surfaces for washing . Dry cleaning methods are encouraged . Any other compareable and equally effective BMPs. Environmental Business Solutions, Inc. Source, County of San Diego Model JURMP Program, June 2001 /31 February 7, 2002 ~ 'ft.. -~- ~'I:'t:~ Jurisdictional Urban Runoff Management Program mY OF CHUlA VISTA COMMERCIAL BMP Table 4-7 Unauthorized Signage Leaks vehicular repair Spill Illegal Rainy season response disposal preparation plan of vehicle (before Oct. I) fluids Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 200 I 1'10 February 7, 2002 ~!f? --.- ~'I:~~ Jurisdictional Urban Runoff Management Program 01Y Of CHULA VISfA COMMERCIAL BMP Table 4-8 Retail or Wholesale Fueling Spills Fuels . Post "no topping off signs from OiVgrease . Use dry sweep methods Tanks individual Heavy . Keep spill Signage vehicles metals accessible or tanker COD . Mainta' Preventative trucks Litter irnpervi maintenance concret de overhead coverage that drains stonn water away from dispensing areas . Confonn to state laws for spill containment and overfill prevention . Provide automatic shut-off latches on nozzles as pennitted by local regulations . Provide secondary containment around fuel truck during transfer- driver stays with truck . Provide secondary containment for outdoor storage areas Environmental Business Solutions, Inc. Source: County of San Diego Model IURMP Program, Iuoe 200 I /'-/1 February 7, 2002 ~!~ -!S!- ~::::~~ Jurisdictional Urban Runoff Management Program em OF CHUIA VISTA COMMERCIAL BMP Table 4-9 Pest Control Services Application Overspray t for containers Good Cleaning housekeeping Continual or Signage excessive use of pesticides n or rainfall ctions on label to concentrations, overspray, and ns tain applicator equipment in good condition . Triple -or pressure- rinse empty containers . Use rinsate for making next batch . Use non-chemical methods (e.g., traps, sticky tape, hot-wire lamp, high-pressure water spray) whenever feasible . Consider using non-chemical methods along water bodies . Do not wash equipment into storm drains . Use integrated pest management (IPM) guidelines for application of pesticides Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 /Lf2- February 7, 2002 ~I~ -~- ~....,,'" Jurisdictional Urban Runoff Management Program CßY OF CHUIA VISfA COMMERCIAL BMP Table 4-10 Eating and Drinking Establishments Tallow & grease bin Signage Improper pesticide application Equipment Spill response cleaning plan Leaks Sidewalks ct wastewater (vacuum) and se to sanitary sewer 0 Stop spills at the source 0 Keep spill response materials easily accessible, including near the receiving door 0 Use wet-clean method: Use rags Land- or absorbent to collect residue; then scaping mop and collect wastewater; dispose to sanitary sewer 0 Properly maintain outdoor grease interceptors 0 Wash equipment indoors 0 Properly maintain all sinks 0 Contract with hood-filter-eiement cleaning service 0 Outdoor wash area): Provide benned surface with slope toward drain connected to a sanitary sewer 0 Consider contracting with certified pest control operator 0 Properly collect and dispose of green waste ITom landscaping activities 0 Prepare food indoors 0 Parking areas and other surfaces shall not be cleaned using a wet method unless effluent is collected by vacuum or captured and discharged into a sanitary sewer Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 200 I /'13 February 7, 2002 ~!f? -'-- Jurisdictional Urban Runoff Management Program CßY OF CHUIA VISTA COMMERCIAL BMP Table 4-11 Wastewater disposal Preventative Leaks BOD maintenance COD Adequate equipment ted to the isposed to the street or storm e system igh-volume discharges can disrupt septic systems of private homes. Also, routine disposal of such dischargers to a municipal sewer may require approval from the local wastewater district. Environmental Business Solutions, Inc. Source: County or San Diego Model JURMP Program. June 2001 I LjLf February 7, 2002 ~!ft. -~- ~~~~ Jurisdictional Urban Runoff Management Program my Of CHUIA VISTA COMMERCIAL BMP Table 4-12 Drift (wind) Mixing Good housekeeping Excess Job Site: process Pouring Record water s, streets, keeping Cutting drains t run-on urries to collection area or ion basin . Shovel/vacuum slulTies daily . Designate area where all rinsate is confIDed, collected, and disposed todead-end sump, process treatment system, etc., or discharge rinsate to hole where water percolates/evaporates and solids are recovered for disposal . Collect runoff from saw cutting by vacuuming, and recycle or dispose according to State and local regulations Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 200 I 145 February 7, 2002 ~!~ --- ~ Jurisdictional Urban Runoff Management Program mvOF CHUIA VlSfA COMMERCIAL BMP Table 4-13 . Properly cover stonn drains . Use portable benDS to' wash water from Excess Settable stonn drains Mixing Minimize material solids . Dry sw volume of . Rinse w Cleaning materials and direct wh Storage Recycling Maintenance ent, grout, or mortar tools or equipment into stonn conveyance system Environmental Business Solutions, Inc. Source: Couuty ofSau Diego Model JURMP Program, June 2001 I'{b February 7, 2002 ~!f? -'!$!!- Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISTA COMMERCIAL BMP Table 4-14 On the job Spill Mixing/applying response plan ains to protect Clean up Preventative Spills and rinsate maintenance ly cloths and drip s in mixing areas . Properly maintain spray appiicator equipment . Rinse water-based paint to sanitary sewer . Filter, reuse, and recycle thinners and other solvents . Comply with Cal-OSHA and hazardous materials guidelines when working with lead or tributyl tin paint Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 f'{-7 February 7, 2002 ~ ! ft.. --~- ~ Jurisdictional Urban Runoff Management Program OIY Of CHULA VISTA COMMERCIAL BMP Table 4-15 . Refer to Table 9 (Pest Control Services) . Refer to Table 16 scaping) . Referto g and Drinking Landscaping estabr . Re£ Food Service Servi Fleet and (V equipment maintenance Construction are-soil slopes with aterials Waste ry sweep paved surfaces daily removal . Cover stockpiles during rainy or windy conditions . Cover and benn stonn drain inlets in or downgrade trom project site . Dispose of animal liquid and solid wastes to sanitary sewer, landfill, or other method approved by appropriate local and state agencies (e.g., wastewater districts, vector control) Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 I If? February 7, 2002 ~,~ -~- "t~~~ Jurisdictional Urban Runoff Management Program œv Of CHUlA VISfA COMMERCIAL BMP Table 4-16 Installation Preventative Rainwater maintenance runoff Construction Good Soil Plant housekeeping preparation maintenance tilize automatic timers to minimize runoff . Cover or benn stockpiles . Control soil erosion: straw or sandbag dikes, mulch, silt fences, biofilter strips, etc. . Keep leaves, twigs, and clippings Continual or out of drain inlets and catchment excessive use basins, and keep sidewalks, and paved surfaces clear . Collect and recycle all green waste . Mix and apply chemicals according to manufacturer's instructions . Keep containers and spray nozzles in good condition . A void overspray or application outside the target area . Use manual methods along water bodies . Triple-rinse containers and use rinsate to make next batch . Properly dispose of empty containers . Use appropriate predator species whenever feasible . Establish and maintain habitat for predator species Continued upon the next page... Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 200 I /ife¡ February 7, 2002 ~'ft. --~- ~ Jurisdictional Urban Runoff Management Program rnv OF CHUIA VISTA COMMERCIAL BMP Landscaping Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 /t?O February 7, 2002 ~ ! ft.. ---- ~ Jurisdictional Urban Runoff Management Program OTY OF CHUlA VISTA COMMERCIAL BMP Table 4-17 Nurseries and Greenhouses Green waste disposal or Signage Tail water reuse Preventative Leachate Fertilizer maintenance application Pesticide r recovery systems application ace drains for recycling ion water . Routinely conduct soils and plant tissue analysis to detennine fertilizer needs . Utilize appropriate methods (e.g., timed application or combination slow- release & constant liquid fertilizer) to reduce excessive fertilization . Apply pesticides under appropriate weather conditions to prevent drift . Apply pesticides within target area to prevent overspray . Minimize use of pesticides causing local problems . Utilize mechanical methods (trapping, vacuuming, net sweeping, etc.) where possible . Divert roof runoff (stonn water only) to subsurface drains or conveyances via gutter/downspout system . Divert roof runoff (stonn water with coating sediment) to settling pond- effluent may not be discharged to conveyance or receiving water without individual NPDES pennit . Use shade cloths instead of roof coatings, whenever possible . Store green waste away lTom conveyances and water bodies Continued upon the next page... Environmental Business Solutions, Inc. Source: County ulSou mego Model JURMP Program, June 2001 15/ February 7, 2002 ~!ft. --- ~ Jurisdictional Urban Runoff Management Program mY OF CHUrA VlSfA . Remove or compost green waste properly to minimize stockpiling . Cover stockpiles during rainy weather . Follow recommendations of Integrated Pest M agement (IPM) practices Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 152 February 7, 2002 ~!~ -~- ~ Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISTA COMMERCIAL BMP Table 4-18 Golf Courses, Parks, and other Recreational Areas/Facilities Vehicle Landscaping Signage leaks Food Preventative Pets Service maintenance Boats Rest rooms 0 Dumping, No Littering, No Trails aintenance in lots, Keep Pets on Leash, tay on Trail, Aluminum Cans Only, etc. Water . Provide maps showing locations of bodies and restrooms, trash container, recycling bins, etc. wetlands . Provide trash containers in parking lots, campgrounds, and other convenient locations Wash rack Pesticides . Dry sweep paved surfaces or pad . Manually clean stonn water catchment Fertilizers basin and culverts Construction . Plumb rest room floor drains to sanitary Detergents sewer, septic system, or properly installed Mowing subsurface drain if approved by local codes . Provide vegetated buffer strips along water Irrigation bodies, iffeasible . Divert irrigation flows to minimize pesticides/fertilizers from reaching water bodies . Consider using low-maintenance rurfto minimize chemical needs . Recycle (compost) green waste . Recycle clippings via mulching method . Use predator species, if feasible, and provide appropriate habitat . Plumb wash rack drainage system to sanitary sewer or approved recycling system . Animal waste management Environmental Business Solutions, Inc. Source: Couuty or San Diego Model JURMP Program, June 2001 1'S3 February 7, 2002 ~I~ -~- ~:::t:~~ Jurisdictional Urban Runoff Management Program 01Y Of CHUIA VISfA COMMERCIAL BMP Table 4-19 Cemeteries Landscaping Recycling Mowing greens Vehicle and Spills equipment maintenance Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 /5L{ February 7, 2002 ~!~ ---- ""'~~~ Jurisdictional Urban Runoff Management Program 01Y Of CHUlA VISTA COMMERCIAL BMP Table 4-20 Pool and Fountain Cleaning Filter Preventative Leaks maintenance maintenance Water Chemistry Environmental Business Solutions, Inc. Source: Coonty ofSau Diego Model JURMP Program, June 2001 155 February 7, 2002 ~I~ --~- ~ Jurisdictional Urban Runoff Management Program CI1Y Of CHUlA VISTA COMMERCIAL BMP Table 4-21 Marinas Runoff Bulkhead Signage Hull Dry dock Recycling maintenance Skips Drift (wind) and maximize Pump-out along bulkhead onveniently located recycling station ing battery bin Solid waste Designate an on-shore pet area disposal . Provide covered, on-shore work area for major huIVengine maintenance Litter & . Provide/require dustless sander or debris plastic enclosures for major hull refmishing work Organic . Provide portable dikes and spill Record matter recovery materials in work area keeping . Provide drop cloth under hull for on- shore work . Restrict over-water hull activities to "touch-up" work . Require drop cloth between hull and dock for minor work, where feasible . Provide hazardous waste storage/disposal plan . Require fuel- or oil- contaminated bilge water to be collected as hazardous waste . Provide map showing location of restrooms, work areas, and pump-out facility . Provide dump station and wand attachment for portable toilets . Provide fish-waste station Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 2001 /56 February 7, 2002 ~!ft- -~- ~ Jurisdictional Urban Runoff Management Program OIY Of CHUlA VISTA COMMERCIAL BMP Table 4-22 Portable Sanitary Toilet Servicing Signage Emptying tanks Spill response Leaks pavement in plan operly At the job site grated floor WI a benned perimeter spill containment materials readily available at headquarters, on transport tucks, and at the job site 0 Locate closets away from high- traffic vehicular areas 0 Secure (e.g., with stakes) closets to prevent tipping 0 Maintain all hoses couplings, tanks, etc., in good condition to prevent leaks or spills . Post sign forreporting closets in need of leaning/repair 0 Set-up portable toilet away from stonn water conveyance system Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June 200 I /57 February 6, 2002 ~!~ --- .:t....",,¡¡;: Jurisdictional Urban Runoff Management Program CTIY OF CHUIA VlSfA Table 5-1 USED OIL RECYCLING STATE CERTIFIED CENTERS WITHIN THE CITY OF CHULA VISTA Allen Gas and Truck Shop 3205 Main Street Alpha Engine Rebuilders 887 Palomar Street Auto Zone # 2810 1315 Third Avenue Auto Zone #2817 225 Broadway Auto Zone # 5644 885 East H S Bonita Point 76 1495 East C&M Electric and Auto Repair 2827 Main C& V Automotive 113' Bro California Auto Repair California Smog Check Center Ecology Auto Ecology A g ay Econo Lu adway Econo Lub 08 North Second Avenue Firestone 830 Broadway Fritz Gara 590 Arizona Street German 1409 Broadway Jiffy Lube 593 E Street Kragen Auto Parts #1153 241 Broadway Kragen Auto Parts #1486 1396 Third Avenue Melrose 76 1495 Melrose Avenue Mike's Auto Repair and Smog Center 300 E Street Octavio's Auto Specialists 3384 Main Street Pep Boys #651 454 Broadway Pep Boys #872 1025 Tierra Del Rey 989 1142 Broadway Pick Your Part 880 Energy Way South Bay Jiffy Lube 593 E Street Telegraph Canyon Shell 501 Telegraph Canyon Road Tom Kurt's Automotive 1421 Broadway Circle Valvoline Instant Oil Change 1556 East H Street Valvoline Instant Oil Change 899 East H Street Environmental Business Solutions, Inc. Source: City orChu!. Vista, December 2001 /5'9 February 6, 2002 ~If? ~~- ~ Jurisdictional Urban Runoff Management Program 01Y Of CHUIA VISTA TABLE 5-2 RESIDENTIAL BMPs Automobile Repair and Maintenance Encourage or require residents to prevent leaks and spills from contacting stormwater: Encourage and/or . Use drip pans, plastic facilitate reductions in sheeting, or other vehicle use: materials to contain . Changes in driving spills habits . Work indoors or under . Carpooling shelter . Increased use of public . ¡fworking outdoor transportation don't do it in . Biking or w short trips Environmental Business Solutions, Inc. Source; County of San Diego Model JURMP Program, June, 2001 161 February 6, 2002 ~!~ -~- ~ Jurisdictional Urban Runoff Management Program CI1Y OF CHUlA VISfA TABLE 5-2 RESIDENTIAL BMPs Automobile Washing Encourage limitations Encourage or require residents on the type and to use dry cleaning method to quantity of detergent avoid the generation of wash andlor other cleaners and rinse water when washing Encourage residents to turn Encourage or require off the water when not in use residents to use or use a controllable spray preventative practices nozzle to keep vehicles clean (park in a garage, under cover, etc.) uire use dry ds to degrease or clean especially dirty parts prior to wet washing and rinsing (e.g., remove grease or urage or facilitate the brake dust using establishment of towels, etc.) neighborhood wash areas where wash water and contaminants can be properly managed Environmental Business Solutions, Inc. Source: County of San Diego ModelIURMP Program, June, 200 1 /toO February 6, 2002 ~!~ --~- ~ Jurisdictional Urban Runoff Management Program C1Y OF CHUIA VISfA TABLE 5-2 RESIDENTIAL BMPs Automobile Parking . Encourage or require the proper design and construction of parking areas in residences during major remodeling. . Encourage or require residents to park over pervious surfaces (over la . Encourage residents to use routine preventative maintenance practi y vehicle repairs ed Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June, 2001 Ibl February 6, 2002 ~!~ -~- ~ Jurisdictional Urban Runoff Management Program 01Y OF CHUlA VISTA TABLE 5-2 RESIDENTIAL BMPs Home and Garden Care Activities and Product Use Encourage the use of safe substitutes Recommend and alternative methods for garden immediate use: cleanup of spills . Teach and encourage integrated of gardening pest management techniques chemicals, . Recommend the use of native fertilizers, and plants and drought tolerant species to soils reduce water use and greenery waste produced . Encourage planting techniques to attract beneficial insects . Encourage the controls . Encourage vermiculture recycling Require disposal or Recommend household chemicals to purchasing household hazardous and fertilize waste collection facilities . Encourage ts to identify or scheduled events "pests" before attempting to Encourage or require dry eliminate them . Encourage residents to always read sweeping techniques for label instructions and follow the clean up instructions for garden care products Encourage recycling of Encourage water conservation lawn clippings and practices: greenery waste through . Encourage the use ofxeriscape local programs gardening . Encourage the use of drip irrigation . Encourage the use of soaker hoses . Encourage the use of micro-spray systems . Encourage the repair or adjustment of irrigation that allows excessive runoff . Encourage planning or mulching of hillsides and slope to prevent erosIOn Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, Iuue, 200 I 1ft:> 2- February 6, 2002 ~I~ --- ~..._'" Jurisdictional Urban Runoff Management Program 01Y OF CHUIA VISTA TABLE 5-2 RESIDENTIAL BMPs Home Care and Maintenance Encourage purchasing practices that reduce waste Encourage the use of Encourage or require the safe substitutes for home use of techniques for cleaning and spill cleanup and proper maintenance waste disposal Recommend product use only according to label instructions Encourage th water based possible Encourage recycling of unused, unwanted products Encourage recycling of unwanted appliances and household equipment Environmental Business Solutions, Inc. Source: County nfSan Diego Model JURMP Program, June, 2001 /b3 February 6, 2002 ~!~ ---- ~ Jurisdictional Urban Runoff Management Program OIY Of CHUlA VISTA TABLE 5-2 RESIDENTIAL BMPs Encourage or require that pet Prohibit residents owners clean up after their from allowing their pets when walking them in pets to run free in public places residential neighborhoods Encourage or require residents to clean up feces from their yards if pets are allowed to defecate outside Require the proper disposal of pet feces (toilet or trash) Environmental Business Solutions, Inc. Source: County of San Diego Model JURMP Program, June, 2001 liP'!