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HomeMy WebLinkAbout2008/09/09 Agenda Packet I declare under penalty of perjury~h2.t ~ ::.lfl employed by the City of Chula Vista in the . ,,~~ f.; Hice of the City Clerk and that I posted this ~ ~ ,/"'(j' > ,t on the bulletin board according to ::~ "'-'". ,~,. . ts ""'''''''''''''''' . .,."'..... ",c qUiremen. ~ ____ ![Z --- - ~ -- '--' -'5-0 If Signed 1i2tUl~ ClN OF CAULA VISfA Cheryl Cox, Mayor Rudy Ramirez, Councilmember David R. Garcia, City Manager John McCann, Councilmember Bart Miesfeld, Interim City Attorney Jerry R. Rindone, Council member Donna Norris, Interim City Clerk Steve Castaneda, Councilmember September 9,2008 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE - YOUTH ACTION COUNCIL Ariana Perfecto - Academy of Our Lady of Peace Astrid Lamprecht - Bonita Vista High Alan "Miles" Mellor - Eastlake High Mariana De Saracho and Stacy Moreno, Hilltop High · PRESENTATION BY STEVE EAST IS OF THE THIRD AVENUE VILLAGE ASSOCJATION OF A CHECK TO THE CHULA VISTA ANIMAL CARE FACILITY IN THE AMOUNT OF $1,000 FOR PROCEEDS OF PET FEST 2008 . PRESENTATION BY DR. GANDARA OF THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND DR, BILLINGS OF THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT ON THE BENEFITS OF A PROPOSED COMMON CALENDAR FOR BOTH DISTRICTS' SCHOOLS . PRESENTATION BY RECREATION DIRECTOR MARTIN, PRINCIPAL PLANNER PONSEGGI AND ASSOCIATE PLANNER TESSITORE-LOPEZ ON THE OTAY V ALLEY REGIONAL PARK . PRESENTATION BY LIBRARY DIRECTOR BROWDER OF THE CHULA VISTA PUBLIC LIBRARY'S SUMMER READING PROGRAM HONOREES: NEIL KOTIKAWATTE AND QUINTIN KING FOR THE CIVIC CENTER BRANCH; PALOMA MORENO AND ADAM MEDINA FOR THE SOUTH BRANCH; AND BIANCA COVARRUBIAS AND ELIZABETH BROWN FOR THE EASTLAKE BRANCH Page I - Council Agenda him:/ /www.chulavistaca.uov September 9, 2008 CONSENT CALENDAR (Items I through II) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmemher, a member of the public, or staff requests that an item be removedfor 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 he discussed immediately following the Consent Calendar. 1. APPROVAL OF MINUTES of July 8, July 10, and July 15,2008. Staffrecommcndation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Steve Castaneda requesting an excused absence from thc City Council Workshop of August 7, 2008. Staff recommcndation: Council excuse the absence. B. Letter of resignation from David Turner, member of the Board of Appeals and Advisors. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requircments. 3. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE 8.25.095 RECYCLING - CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING (SECOND READING AND ADOPTION) At Council direction, staff revised the dcposit structurc for the Construction and Demolition Debris Recycling program. Adoption of the ordinance amends thc Chula Vista Municipal Codc regarding construction and demolition debris recycling. This ordinance was first introduced on August 12,2008. (Public Works Dircctor) Staffrccommendation: Council adopt thc ordinancc. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS ASSOCIATED WITH CFD 08-1 AND CFD 13-1 FOR THE OTAY RANCH COMPANY FOR THE CONSTRUCTION OF LA MEDIA ROAD AND SANTA LUNA STREET SERVING OTAY RANCH VILLAGES 6 AND 7 Otay Ranch submittcd a payment requcst for reimburscment from Community Facilities Districts (CFD) 08-1 and 13-1 bond proceeds for change orders related to the construction of La Media Road and Santa Luna Street serving Otay Ranch Villages 6 and 7. Adoption of the resolution approves payment of change orders totaling $167,274.23 from the CFD 08-1 and CFD 13-1 bond proceeds. (City Engineer/Engineering Director) Staffrccommcndation: Council adopt the resolution. Page 2 - Council Agenda httn:/ /www.chulavistaca.gov September 9, 2008 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT OVER PORTIONS OF CITY OWNED LAND TO REGULO PLACE APARTMENT INVESTORS, LLC FOR MONUMENT SIGNAGE PURPOSES, REVOKING ENCROACHMENT PERMIT NO. PE-283, AND AUTHORIZING THE CITY CLERK TO RECORD A CERTIFIED COPY OF THIS RESOLUTION AS NOTICE OF THE REVOCATION Regulo Place Apartments Investors, LLC are the new owners of the Marbrisas Apartment complex located at the intersection of East "H" Street and Regulo Place. At the time of their purchase, the new owners approached the City regarding purchasing easements for their existing monument signs. These signs are currently located on City owned property under an encroachment permit issued in 1990. Adoption of the resolution revokes the encroachment permit and authorizes the deeding over of the portions of land for the monument signs. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF RANCHO DEL REY PARKWAY BETWEEN TERRA NOVA DRIVE AND DEL REY BOULEVARD FOR THE 29['11 ANNUAL ORANGE CRATE DERBY FROM 6:00 A.M. ON SATURDAY, SEPTEMBER 13, 2008 UNTIL 6:00 P.M. ON SUNDAY, SEPTEMBER 14,2008 Al\TD APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA VALLEY LIONS CLUB FOR THE DERBY Adoption of the resolution approves the request of the Bonita Orange Cratc Derby Committec of the Bonita Vallcy Lions Club for temporary street closure on Rancho Del Rey Parkway, September 13 and 14, 2008 to conduct their 29th Annual Orangc Crate Derby. (Police Chief) Staff recommendation: Co unci I adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADOPTION OF THE 2006 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION "GREENBOOK", THE 2006 GREENBOOK REGIONAL SUPPLEMENTS AND THE 2006 CHULA VISTA STANDARD SPECIAL PROVISIONS In 2006, the "Standard Specifications for Public Works Construction", commonly known as the "Grecnbook", was revised to reflect changes in technologies, specifications, and performance tests for the construction industry. Staff has revised the City ofChula Vista Standard Special Provisions to reflect changes made in the 2006 Greenbook as well as to add specifications needed specifically for our City's construction needs. (Public Works Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda htto:/ /www.chulavistaca.gov September 9, 2008 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A WARDING LANDSCAPE MAINTENANCE CONTRACTS TO AZTEC LANDSCAPING IN THE AMOUNT OF $16,000 FOR THE LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT 3 AND TO RC'S LANDSCAPE IN THE AMOUNT OF $53,310 FOR THE LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT II FOR THE PERIOD OF AUGUST 1,2008 THROUGH JUNE 30, 2009, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE CONTRACTS FOR FOUR ADDITIONAL ONE YEAR PERIODS The current landscape maintenance contractor for Open Space District 2 and Open Space District II is in default of their landscape maintenancc contract. As a result, the second lowest bidders are being awarded the landscape maintenance contracts for these open space areas. (Public Works Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RECEIPT OF $7,100 IN DONATIONS FROM THE FRIENDS OF CHULA VISTA PARKS AND RECREATION AND AMENDING THE FISCAL YEAR 2009 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $7,100 IN UNANTICIPATED REVENUE FROM THE DONATION (4/5THS VOTE REQUIRED) The Recreation Department has received a donation of $7, I 00 from the Friends of Parks and Recreation, specifically designated to offset costs of the Department's eight-week, summer FUll, Fit & Free Days for youth program. The program is a series of fitness related activitics held one or more times per week at nine recreation facilities and was implemented in response to local economic pressures affecting the community and the critical, societal need for increased emphasis on health and wellness programs. (Recreation Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LICENSE AGREEMENT WITH THE SAN DIEGO JUNIOR THEATRE FOR USE OF THE CRAFT ROOM OF THE PARKWAY COMMUNITY CENTER AND THE CHULA VISTA WOMEN'S CLUB FOR CONDUCTING CHILDREN'S THEATER CLASSES AND CAMPS FROM SEPTEMBER 9, 2008 UNTIL SEPTEMBER 9, 2009 AND AUTHORIZING THE DIRECTOR OF RECREATION TO APPROVE TWO ONE-YEAR EXTENSIONS OF THE TERM OF THE LICENSE AGREEMENT UNTIL SEPTEMBER 9, 2011 The San Diego Junior Theatre (SDJT) has provided performing arts classes and camps in Chula Vista since 2002. For nearly a year, City staff has been working to identify possible facilities that could accommodate the classes, camps and performances that the SDJT provides. In exchange for use of certain City facilities, the SDJT will pay the City 25% of gross revenue earned from registration fees and ticket sales for all Chula Vista classes and camps. Adoption of the resolution approves thc license agreement. (Redevelopment and Housing Assistant Director, Recreation Director) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda him:/ /www.chulavistaca.gov September 9, 2008 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION FROM THE THIRD AVENUE VILLAGE ASSOCIATION IN THE AMOUNT OF $1,000 TO THE ANIMAL CARE FACILITY AND APPROPRIATING THE DONATED FUNDS (4/5THS VOTE REQUIRED) The Chula Vista Animal Care Facility has received a donation in the amount of $ 1,000 from the Third Avenue Village Association. The donation will be used to purchase necessary medical and laboratory supplies. Adoption of the rcsolution accepts and appropriates the donation. (Public Works Director) Staff recommendation: Council adopt the rcsolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council 'sjurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not ineluded on the agenda, but, if appropriate, the Council may schedule the topic for fiilure discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The ItemM listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please/ill out a "Request to Speak" jiJrm (available in the lobby) and submit it to the City Clerk prior to the meeting. 12. CONSIDERATION OF SUPPORT FOR PUBLIC OUTREACH TO EXPLORE THE FEASIBILITY OF POTENTIAL AMENITY IMPROVEMENTS AND AFFORDABLE HOUSING DEVELOPMENT AT EUCALYPTUS PARK South Bay Community Scrvices (SBCS) has approachcd Redevelopment and Housing staff with an intcrest in studying the feasibility of a conceptual plan to expand thc YMCA facility, construct affordable housing and more fully amenitize Eucalyptus Park. Staff is proposing that the Chula Vista Redevelopmcnt Corporation enter into a six-month Exclusive Ncgotiating Agreemcnt with SBCS to conduct public outreach to detcrmine community intcrest. (Redcvelopment and Housing Assistant Director) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING PUBLIC OUTREACH TO EXPLORE THE FEASfBlLlTY OF POTENTIAL AMENITY IMPROVEMENTS AND AFFORDABLE HOUSING DEVELOPMENT AT EUCALYPTUS PARK Page 5 - Council Agenda httn:/ /www.chulavistaca.l!OV September 9, 2008 13. CONSIDERATION OF A REPORT ON PROJECTED REVENUE SHORTFALLS IN THE DEVELOPMENT SERVICES FUND AND MEASURES BEING IMPLEMENTED TO ADDRESS THE BUDGETARY IMPACTS With the approval of the Fiscal Year 2008/2009 budget, City Council authorized the creation of a stand-alone Development Services Fund comprised of staff from the Departments of Planning & Building, Public Works and Engineering responsible for planning, permitting, plan review, and inspection of development applications. As the year-end closing process has progressed, it has become apparent that despite deep cuts made to the Development Services Fund as part of the Fiscal Year 2008/2009 budget, development related workload and revenues are insufficient to support current staffing and budget levels. As a result, in order to avoid further impacting General Fund reserves, additional budget reductions are required. To reduce the number of layoffs, staff is also recommending adding two Code Enforcement Officer positions to the General Fund budget of the Planning & Building Department and filling the positions internally. The cost of these positions would be fully offset by higher than anticipated revenues from the residential abandoned property program. (Budget and Analysis Director) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT ON PROJECTED REVENUE SHORTFALLS IN THE DEVELOPMENT SERVICES FUND AND MEASURES BEING IMPLEMENTED TO REDUCE EXPENDITURES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-IULA VISTA ADDING TWO CODE ENFORCEMENT OFFICER POSITIONS TO THE PLANNING AND BUILDING DEPARTMENT AND APPROPRIATING $133,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND BASED UPON HIGHER THAN ANTICIPATED REVENUES FROM THE RESIDENTIAL ABANDONED PROPERTY PROGRAM(4/5THS VOTE REQUIRED) OTHER BUSINESS 14. CITY MANAGER'S REPORTS IS. MAYOR'S REPORTS Ratification of the appointment of Brandon Marvin to the Charter Review Commission. 16. COUNCIL COMMENTS Page 6 - Council Agenda hUn:/ /www.chulavistaca.gov September 9, 2008 CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 17. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 18. PUBLIC EMPLOYEE DISCIPLlNE/DISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Thanh Le vs. City of Chula Vista; Tim Kahl, and Docs I through 100, inclusive; Case No.37-2007-000076220-CU-P A-CTL ADJOURNMENT to the Regular Meeting of September 16,2008 at 6:00 p.m. in the Council Chambers. Materials provided to the City Council related to any open-session item on this agel/da are availablefor public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building /00, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodatiol/s to access, aI/end, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691-5041504/ or Telecommunications Devices for the Deaf (TDD) at (6/9) 585-5655 at least forty-eight hours in advance for meetings and five days for scheduled services al/d activities. California Relay Service is also available for the hearing impaired. Page 7 - Council Agenda httn:/ /www.chulavistaca.gov September 9, 2008 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 8, 2008 6:00 P.M. A regular meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City HaiL 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: McCann, Ramirez, Rindone, and Mayor Cox ABSENT: Councilmembers: Castaneda (excused) ALSO PRESENT: City Manager Garcia, Interim City Attorney Miesfeld, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DA Y . INTRODUCTION BY INFOR-MATION TECHNOLOGY SERVICES DIRECTOR LOUIE VIGNAPLL\NO, OF EMPLOYEE OF THE MONTH, NESTOR P. JIMENEZ JR., TELECOM..MlJNICA TIONS SPECIALIST Information Technology Services Director Vignapiano imroduced Nestor Jimenez. Mayor Cox then read the proclamation and Councilmember McCann presented it to Nestor. . PRESENTATION OF A PROCLAMATION BY MAYOR COX TO K.A..THY CIEN- MAYER, PARKS AND RECREATION COMMISSIONER, ANTI BOARD MEMBER OF THE FRIENDS OF CHULA VISTA PARKS AND RECREATION, PROCLAIMING JULY AS RECREATION AND PARKS MONTH IN THE CITY OF CHULA VISTA Recreation Director Martin introduced Kathy Cien-Mayer. Mayor Cox then read the proclamation and Councilmember Ramirez presented it to Kathy. . PRESENTATION BY NANCY LYTLE, ACTING PLA....NNING DIRECTOR, OF THE "SM..A..RT GROWTH" AWARD FROM THE URBAN LANTI INSTITUTE FOR THE CITY OF CHULA VISTA'S URBAN CORE SPECIFIC PLA...N Deputy Mayor Rindone stated that he and Development Planning Manager, Mary Ladiana had accepted, on behalf of the City, the prestigious "Smart Grov,,1h" award from the Urban Land Institute, recognizing the City for its Urban Core Specific Plan. Page I - Council Minutes /A-! July 8, 2008 DRAFT CONSENT CALENDAR (Items 1 through 8) Councilmember McCann stated he would abstain from voting on Item 4B, due to the proximity of his property to the community facilities districts, and the item was removed from the Consent Calendar. Item 8 was removed from the Consent Calendar for discussion by a member of the public. 1. APPROVAL OF MINUTES of May 20,2008. Staff recommendation: Council approve the minutes. 2. A. RESOLUTION NO. 2008-160, RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE GENERA.L MUNICIPAL ELECTION HELD IN THIS CITY ON JUNE 3, 2008, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW B. RESOLUTION NO. 2008-161, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO. 2008-016, CALLING A..'JD GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2008, TO INCLUDE A SPECIAL RUNOFF ELECTION TO ELECT TWO MEMBERS OF THE CITY COUNCIL, PURSUA..l"\!T TO THE CHULA VISTA CHARTER C. RESOLUTION NO. 2008-162, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO M,A.TERIALS SUBMITTED TO THE ELECTORATE AT A SPECLA..L MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 4, 2008 The Registrar of Voters has transmitted the certified results of the General Municipal Election held on June 3, 2008. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the results of the election to the City Council, which shall adopt a resolution reciting the fact of the election. Adoption of the resolutions declares the results of the General Municipal Election, gives notice of the upcoming Special Municipal Election, and adopts regulations pertaining to materials prepared by candidates and the associated costs. (Interim City Clerk) Staff recommendation: Council adopt the resolutions. 3. A. RESOLUTION NO. 2008-163, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING IRREVOC.AJ3LE OFFERS OF DEDICATION FOR LOTS "GG" AND "M" OF SUBDIVISION MAP 14261 FOR PARK PURPOSES A....ND APPROVING A REAL PROPERTY PURCHASE AGREEMENT BETWEEN THE CITY AND N"NP-TRIMARK SAN MIGUEL RANCH, LLC FOR THE ACQUISITION OF LOT 13 OF SUBDIVISION MAP 14261 WITHIN THE SAN MIGUEL RANCH PLANNING AREA OF THE CITY OF CHULA VISTA Page 2 ~ Council Minutes July 8, 2008 IA -2 DR.A..FT CONSENT CALENDAR (Continued) B RESOLUTION NO. 2008-164, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT PROGR.A..M BUDGET i\_ND APPROPRIATING $350,000 FROM THE AVAILABLE PARK AND ACQUISITION DEVELOPMENT (PAD) FUND BALA..NCE TO EXISTING CIP PR260 "SAN MIGUEL RANCH COMMlJNITY PARK" FOR PARK PROPERTY ACQUISITION PURPOSES (4/5THS VOTE REQUIRED) The proposed community park at San Miguel Ranch is located at Paseo Veracruz and Mount Miguel Road. Adoption of the resolutions enables the City to purchase one additional acre to enlarge the park from 19.05 to 20.05 acres. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 4. A. RESOLUTION NO. 2008-165, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2008/2009 WITHIN COMMUNITY FACILITIES . DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07- I, 08-M, 08-1, 09-M, II-M, 12-1, 12-M, 13-1, AND 13-M AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT B. This item was removed from the Consent Calendar Twenty-one Community Facilities Districts (CFDs) were formed during Fiscal Years 1998-2006. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space preserve areas and maintenance of other public facilities, or to repay bondholders. Adoption of the resolutions authorizes the levy of maximum special taxes for the CFDs indicated. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2008-167, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF TWO GR.A..NT APPLICATIONS FOR FEDER.A..L SAFE ROUTES TO SCHOOL FUNDING CYCLE-2 TO IwlPROVE PEDESTRIlu"l FACILITIES ALONG I STREET AND ALONG MOSS STREET Section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) authorized the Federal Safe Routes to School (SRTS) Program in August, 2005. The U.S. Congress authorized a five-year federal funding for the program. This resolution approves the tiling of grant application for two projects under Cycle 2 of the Federal Safe Routes to School Program. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes July 8, 2008 111-3 DRAFT CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2008-168, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTR.ACT FOR THE "ADA C1JRB R."'-MPS FISCAL YEAR 2007/2008, PH.ASE 2 (STL334A)" PROJECT TO H & D CONSTRUCTION CO. IN THE AMOUNT OF $104,997.50 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL A V AILABLE CONTINGENCIES IN THE PROJECT On May 21, 2008, sealed bids were received for the project which consists of the installation of ADA pedestrian ramps and other associated improvements and repairs on various street intersections in the City. (City EngineerlEngineering Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2008-169, RESOLUTION OF THE CITY C01JNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTR.ACT FOR THE "REAS SLURRY SEAL PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2006/2007 (STL-340C)" PROJECT TO PAVEMENT COATINGS CO. IN THE AMOUNT OF $1,559,200 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On May 14, 2008, sealed bids were received for the project. The work consists of the removal and replacement of damaged asphalt concrete pavement and the application of Rubberized Emulsion Aggregate Slurry (REAS) at various locations in the City. The work for this project also includes sub-grade preparation, striping, pavement markings, tramc control, and other miscellaneous work, and all laboL material, equipment, and transportation necessary for the project. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 8. This item was removed from the Consent Calendar. ACTION: Mayor Cox moved to approve staffs recommendations and offered the balance of the Consent Calendar. Items 1 throu2:h 4A and 5 through 7. headings read. text waived. Deputy Mayor Rindone seconded the motion and it ~arried 4=-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. B. RESOLUTION NO. 2008-166, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2008/2009 WITHIN COMMUNITY FACILITIES DISTRICTS 06-1 AND 07-M AND DELEGATING TO THE CITY MANAGER, OR DESIGNEE THE AUTHORITY TO ESTABLISH THE SPECIAL TA..X FOR EACH DISTRICT ACTION: Mayor Cox moved to adopt Resolution No. 2008-166, heading read, text waived. Deputy Mayor Rindone seconded the motion and it carried 3-0-1, with Councilmember McCann abstaining. Page 4 - Council Minutes lA-if July 8, 2008 DRAFT ITEMS REMOVED FROM THE CONSENT CALEND.AR (Continued) 8. ORDfNANCE OF THE CITY OF CHULA VISTA A.MENDfNG SECTIONS 8.25.020, 8.25.070 AND 8.25.095 OF THE CHULA VISTA MUNICIPAL CODE (FIRST READfNG) In March 2008, Council approved amendments to Chula'Vista Municipal Code Chapter 8.25 - "Recycling," which incorporated language for a Construction and Demolition Debris Recycling Program. The program requires a written waste management plan and performance deposit to ensure that the waste management plan is fully implemented. Adoption of this ordinance adds surety bonds, letters of credit or other surety acceptable to the City Manager or designee as a form of payment for the performance deposit. (Public Works Director) Staff recommendation: Council hold first reading of the ordinance. Harold West, Chula Vista resident, requested that that the Council table the ordinance, request an updated survey from the State, have staff an1end the proposed ordinance, and get a recycling plant up and running. He stated that the report to be filed, as required by the ordinance, was difficult to understand, time consuming to complete, and unverifiable. If a deposit must be implemented, he proposed one-quarter of one percent of the total cost of construction with a $30,000 cap, and if commercial recycle dumpsters were used and verified, he proposed one- eighth of one percent of the total cost of construction. Discussion ensued between Councilmembers and staff regarding the $30,000 surety bond required from the developers, and the complexity of the associated application forms. Mayor Cox suggested that staff return to Council within two weeks re-evaluate the performance deposit amount and if staff determined that having a deposit of an amount less than $30,000 would not encourage recycling, then staff should inform the Council of that as well. ACTION: Deputy Mayor Rindone moved to place the ordinance on first reading, heading read, text waived. Councilmember McCann seconded the motion and it carried 4-0. ACTION: Deputy Mayor Rindone directed staff to return to Council, in a timely manner, with an analysis of the size of the performance deposit and its impacts on small, medium and large developers. Mayor Cox seconded the motion and it carried 4-0. Mayor Cox requested that staff work with Mr. West on discussions about the performance deposit and associated issues regarding the Construction and Demolition Debris Recycling Program. PUBLIC COMMENTS '~ Steve Eastis, representing the Third A venue Village Association, encouraged the community to attend the upcoming Village Vibes concert series, beginning on July 16th at 6:00 p.m. at Memorial Park. Page 5 - Council Minutes July 8. 2008 /A-S DRAFT PUBLIC COMMENTS (Continued) Willard Howard, Chula Vista resident, spoke in opposition to the cancelling of Fourth of Julv fireworks. . Councilmember McCann suggested that the budget item for fireworks be brought back to the Council for consideration next year, and that the staff work with Port District to find funding for fireworks. PUBLIC HEARINGS 9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DEUNQUENT CHARGES ON THE NEXT REGULAR TA"X BILL FOR COLLECTION Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer services charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property ta.x bills for collection. (Finance Director) Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember McCann moved to adopt the following Resolution No. 2008- 170, heading read, text waived: , RESOLUTION NO. 2008-170, RESOLUTION OF THE CITY COuNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED UENS UPON THE RESPECTIVE OW'NER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CWill.GES ON THE NEXT REGULAR T,.6,X BILL Councilmember Ramirez seconded the motion and it carried 4-0. 10. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND A.ND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Finance Director) Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember McCann moved to adopt the following Resolution No. 2008-171, heading read, text waived: Page 6 - Council Minutes July 8, 2008 iA-t, DRAFT PUBLIC HEARINGS (Continued) RESOLUTION NO. 2008-171, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CH.liliGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TA.:X BILL Councilmember Ramirez seconded the motion and it carried 4-0. II. CONSIDERA TION OF TESTIMONY FOR THE FISCAL YEAR 2008/2009 LEVY OF ASSESSMENTS AND COLLECTION OF THOSE ASSESSMENTS FOR CERTAIN CITY OPEN SPACE DISTRICTS AND M.A.INTENA..NCE DISTRICTS The City administers and maintains 36 Open Space Districts and associated zones that have been established over the last 30 years. The Districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of the annual assessment for Fiscal Year 2008/2009 will enable the City to collect funds to provide these ongoing services. (City Engineer/Engineering Director) Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Councilmember McCann stated that he would be abstaining from voting on Item II-B. Deputy Mayor Rindone requested that in the future, staff reports address any potential safety issues when there was less than a minimum reserve level of 50% in Open Space districts. ACTION: Deputy Mayor Rindone moved to adopt the following Resolution Nos. 2008-172, and No. 2008-174, headings read, texts waived: A. RESOLUTION NO. 2008-172, RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICTS 2 THROUGH 11,14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRlCT NO. I (ELMD #1), A..ND BAY BOULEVARD MA.INTENANCE DISTRlCT B. Item II-B was considered after Items II-A and ll-C. C. RESOLUTION NO. 2008-174, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS Al"lD COLLECTIBLES FOR THE TOWN CENTRE MAINTENANCE DISTRlCT Councilmember Ramirez seconded the motion and it carried 4-0. Page 7 - Council Minutes July 8, 2008 IA-7 DRA.FT PUBLIC HEARINGS (Continued) Interim City Anomey Miesfeld noted a typographical error in the title for Resolution No. :2008- 172, and he requested that the corrected resolution title be read for the record and re-voted to eliminate Open Space District 1 from Item II-A. The motion carried 4-0. ACTION: Deputy Mayor Rindone moved to adopt the follo,-^,ing Resolution No. 2008-173, heading read, text waived: B. RESOLUTION NO. 2008-173, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR CITY OPEN SPACE DISTRICT 1 Mayor Cox seconded the motion and it carried 3-0-1, with Councilmember McCann abstaining. 12. CONSIDERA.TION OF A TENTATIVE SUBDIVISION MAP, PCS-06-03, TO SUBDIVIDE 1.12 ACRES INTO TWENTY-EIGHT CONDOMINIUM UNITS FOR INDIVIDUAL o\VNERSHIP AT 615 MOSS STREET (APPLICANT: MOSS 28 LLC) The applicant proposes to convert an existing twenty-eight unit apartment complex into twenty-eight condominium units. (Acting Planning Director) Associate Planner Young presented the proposed Villa H~rmosa Condominiums project. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Rindone moved to adopt the follo,-^,ing Resolution No. 2008-175, heading read, text waived: RESOLUTION NO. 2008-175, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE L12 ACRES INTO TWENTY-EIGHT CONDOMINIUM UNITS FOR INDIVIDUAL OWNERSHIP LOCATED AT 615 MOSS STREET Councilmember McCann seconded the motion and it carried 4-0. 13. CONSIDER.A.TION OF A CONDITIONAL USE PERMIT (PCC-08-13) FOR THREE CHAMPIONSHIP OFF-ROAD RACING (CORR) EVENT WEEKENDS IN 2008 A.ND THREE IN 2009 WITHIN THE RIMROCK QUARRY, AND AUTHORIZATION FOR THE WAIVING OF THE FULL COST RECOVERY RATES AND USE OF AN ALTERNATIVE R.A.TE OF OVERTIME PLUS T\VENTY PERCENT FOR POLICE, FIRE AND EMERGENCY MEDICAL SERVICES (APPLICANT XR PROMOTIONS, LLC FOR Cl-LA...MPIONSHIP OFF-ROAD R.A.CING) Page 8 . Council Minutes July 8,2008 IA -g" DR.4FT PUBLIC HEARINGS (Continued) XR Promotions, LLC for Championship Off-Road Racing (CORR), has applied for a two-year temporary Conditional Use Permit (CUP) for three off-road race events scheduled for 2008 and three similar race events in 2009. Adoption of Resolution A approves the Mitigated Negative Declaration and Conditional Use Permit. Resolutions B and C proposed by the Police and Fire Departments, recommend appropriating $27,859 and $33,567 respectively, to offset the costs of providing Police and Fire services for the events. If approved by the City Council, all costs for providing these services will be reimbursed by the Applicant at "overtime plus 20-percent," tather than the Full Cost Recovery (FCR) rate as delineated in the FCR schedule. (Acting Planning Director, Interim Fire Chief, Police Chief) Assistant Planning Director Lytle introduced Staff Members Phelps, Donaghue and Laube. Staff Member Phelps presented the proposed race event. Mayor Cox opened the public hearing. Ranie Hunter, Chula Vista resident, representing Championship Off Road Racing (CORR), spoke in support of the proposed conditional use permit, stating that the past CORR racing events had been successful, and that the proposed upcoming events would be broadcast on NBC and on Speed TV, a racing network. Lisa Cohen, Chula Vista resident and CEO of the Chula 'Vista Chamber of Commerce, spoke in support of the event and the many opportunities it would offer to showcase Chula Vista. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Councilmember McCann moved to adopt the following Resolution No. 2008-176, heading read, text waived: A. RESOLUTION NO. 2008-176, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGR.i\M (IS-08-0ll), AND GR.i\NTING A CONDITIONAL USE PERMIT (PCC-08-013), TO CONDUCT R.i\CE EVENTS ON A TEMPOR.i\RY R.i\CETRACK WITHIN THE RIMROCK QUARRY, LOCATED OFF HERITAGE ROAD AND ADJACENT TO THE OTA Y RIVER V ALLEY Mayot Cox seconded the motion and it carried 4-0. ACTION: Councilmember McCann moved to adopt the following resolution 13-B, heading read, text waived: Page 9 - Council Minutes July 8, 2008 fA -q D Ri\FT PUBLIC HEARINGS (Continued) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO WAIVE THE FULL COST RECOVERY RATE FOR POLlCE SERVICES FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RA.CE EVENTS, AUTHORIZING AN ALTERNATIVE RATE OF COST RECOVERY OF OVERTIME PLUS 20%, AND i\PPROPRLA.TING $27,859 TO THE POLICE DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES BUDGET FOR OVERTIME COSTS (4/5THS VOTE REQUIRED) Mayor Cox seconded the motion. The motion failed 3-1, with Deputy Mayor Rindone voting no. ACTION: Councilmember McCann moved to adopt the following resolution 13-C, heading read, text waived: c. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO WAIVE THE FULL COST RECOVERY RATE FOR FIRE AND EMERGENCY MEDICAL SERVICES FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS, AUTHORIZING A.!"I ALTERNATIVE RATE OF COST RECOVERY OF OVERTIME PLUS 20%. AND APPROPRIATING $33.567 TO THE FIRE DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES BUDGET FOR OVERTIME COSTS (4/5THS VOTE REQUIRED) Mayor Cox seconded the motion. The l1)otion failed 3-1, with Deputy Mayor Rindone voting no. BOARD ANTI COMMISSION REPORTS 14. CONSIDERATION OF CHARTER REVIEW COMMISSION RECOMMENDATION REGARDING PROPOSED CHARTER AMENDMENT TO ADD TERM LIMITS FOR THE MAYOR AND CITY COUNCIL MEMBERS This item is submitted on behalf of the Charter Review Commission. The Commission is proposing an amendment to Section 300.D of the City Charter. The proposed amendment would limit the number of terms an individual may serve in the office of Mayor or Councilmember. .A.n amendment to the City's Charter, as proposed, would require approval by a majority of the voters. (Charter Review Commission) Staff recommendation: Council consider the Commission's proposed Charter amendment and provide direction to staff accordingly. Peter Watry, Chula Vista resident, recalled the history of term limits in Chula Vista. He spoke in support of the proposed Charter amendment. ACTION: Mavor Cox moved to thank the Charter Review Commission for their recommendation and that the recommendation be rejected. Deputy Mayor Rindone seconded the motion and it carried 3-1, with Councilmember Ramirez voting no. Page 1O . Council Minutes July 8. 2008 IA- -10 DRAFT OTHER BUSINESS 15. CITY MANAGER'S REPORTS With respect to Item 14, City Manager Garcia clarified that the Charter Review Commission was charged with reporting its recommendations directly to the City CounciL and that the recommendations did not come from City staff. He spoke about July 4th, stating that he and his family had viewed spectacular fireworks displays from different areas in the City. 16. M.A.YOR'S REPORTS ACTION: B. ACTION: C. ACTION: A. Ratification of appointment of Erica Fessia to the Cultural Arts Commission. Mayor Cox moved to appoint Erica Fessia to the Cultural Arts Commission. Councilmember McCann seconded the motion and it carried 4-0. Ratification of the appointment of Misty Tienken to the International Friendship Commission. Mayor Cox moved to appoint Misty Tienken to the International Friendship Commission. Councilmember McCann seconded the motion and it carried 4-0. Consideration of designation of a voting delegate and up to two alternates for the Annual Business Meeting at the League of California Cities 2008 Conference, to be held September 24 through September 27,2008 in Long Beach, California. Mayor Cox requested approval by the Council, to be named voting delegate for the League of California Cities 2008 Conference, and to name Deputy Mayor Rindone as alternate. Councilmember McCann seconded the motion and it carried 4-0. Mayor Cox announced the upcoming Colonel Dickinson's Country Chicken Dinner event on August 2, 2008, at the Community Congregational Church. Proceeds of the event would be set aside for payment of the City's centennial book. She reported on the SANDAG Transportation Committee's recommendation to SANDAG for approval of a 2009 Transportation Development Act, to allocate $624,000 for the western salt segment of the Bayshore Bikeway, and $450,000 for the bikeway on Main Street to 32nd Street. She also stated that she had accepted an invitation by San Diego Mayor Sanders and County Supervisor Roberts, as one of three Mayors in the region to sit on a Regional Fire Protection Subcommittee, to look at a parcel tax proposal throughout San Diego County. She stated that the ideas by the Subcommittee for expenditures of monies raised from a parcel tax would be used for helicopter support, fire retardant scooper support, a communication system, and additional fire trucks. She stated that there was still a lot of work to be done and she welcomed any suggestions by the Council on the subject. 17. COUNCIL COMMENTS Councilmember McCann wished all a happy Fourth of July, and he hoped everyone was able to celebrate with family and friends. Deputy Mayor Rindone also wished all a happy Fourth of July. July 8, 2008 Page 11 - Council Minutes IA-/( DR.i\FT The Council convened in Closed Session at 8:28 p.m. CLOSED SESSION 18. CONFERENCE WITH LEGAL COli"NSEL REGAR.DING EXISTING LITIGATION PURSUANT TO GOVEfu"iMENT CODE SECTION 54956.9(a) Christian Morales v. City of Chula Vista. et al. United States District Court, Case No. 07CV0186JM (WMc) Lori Kneebone v. Donna Norris. et aL San Diego Superior Court, Case No. 37-2008- 000708 I 9-CU- WM-CTL No reportable action was taken on these items. 19. CONFERENCE WITH LEGAL COUNSEL REGAR.DING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases No reportable action was taken on these items. ADJOUR.NMENT At 9:29 p.m., Mayor Cox adjourned the meeting to an Adjourned Regular Meeting on Thursday, July 10, 2008 at 6:00 p.m. in the Council Chambers and,thence to the Regular Meeting of July 15, 2008 at 6:00 p.m. in the Council Chambers. -- ~ / ~ Lorraine Bennett, CMC, Deputy City Clerk Page 12 - Council Minutes July 8. 2008 i A -12- DRAFT i MINUTES OF .'\.1\1 iillJOURNED REGULAR MEETING OF THE CITY COuNCIL OF THE CITY OF CHULA VISTA July 10, 2008 6:00 p.m. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilrnembers: McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: Castaneda (excused) ALSO PRESENT: City Manager Garcia, Interim City Attorney Miesfeld, Interim City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC COMMENTS Jose Preciado, Chula Vista resident, stated that a presentation by staff at a recent Planning Commission meeting regarding the Climate Change Working Group's recommendations was inconsistent with what was adopted by the Council on April I, 2008. To that end he was interested in a clearer understanding of how adopted Council policies were interpreted by staff. ACTION ITEM 1. REPORT ON. CLIMATE CHAt"\'GE WORKING GROUP MEASURES IMPLEMENTA nON PLANS In May 2007 staff reported to City Council that Chula Vista's citywide greenhouse gas emissions had increased by 35% (mainly due to residential grow1h) from 1990 to 2005, while emissions from municipal operations decreased by 18%. As a result, City Council directed staff to convene a Climate Change Working Group (CCWG) to develop recommendations to reduce the community's greenhouse gas emissions or "carbon footprint" in order to meet the City's 2010 greenhouse gas emissions reduction targets. The CCWG - comprised of residential, business and community-group representatives- selected seven measures which City Council adopted on April I, 2008. The report outlines staffs strategy to implement the measures including an analysis of each measure's budget, time line and performance criteria. In addition, the report evaluates financing options which the City could pursue to fully fund the measures' implementation. (Conservation and Environmental Services Director, Public Works Director, Acting Planning Director) /8.,.1 DRAFT ACTION ITEM (Continued) City Manager Garcia gave introductory remarks about the results of the directives given .by the Council to staff at the April I, 2008 Council meeting on the Seven Climate Change Measures. Environmental Resource Manager Reed noted the distribution to the Council of a revised table for Appendix G, reflecting more accurate cost estimates, and a letter from the San Diego County Apartment Association, dated July 10, 2008, regarding the Climate Change Working Group Implementation Plan. He then gave an overview of the proposed strategy to implement the seven measures. Staff then presented each of the following seven measures: MEASURE I - High Efficiency/Alternative Fuel Replacement Vehicles for City Fleet MEASURE 2 - High Efficiency/Alternative Fuel Replacement Vehicles for City-contracted Fleet MEASURE 3 - Business Energy Assessments MEASURE 4 - Green Building Standard MEASURE 5 - Solar and Energy Efficiency Conversion MEASURE 6 - Smart Grow1h around Trolley Stations MEASURE 7 - Turf Conversion Program Staffmember Reed spoke about tracking and reporting, which was vital to measuring the overall success, new emission protocols, annual greenhouse gasses inventories, and preparation for future carbon regulations. Finance Director Kachadoorian presented the overall financing strategy and financing options. Director of Conservation and Environmental Services Meacham talked about the next steps as outlined in the proposed Council Resolution. Discussion ensued between Councilmember Ramirez, staff, and the Climate Change Working Group, regarding staffs recommendation of lowering the standard from 20% to 15% over the Title 24 (Energy Efficiency Standards for Residential and Nomesidential Buildings) requirement. Theresa Acerro, Chula Vista resident, spoke in support of the original recorrunendations brought forward by the Climate Change Working Group. She spoke of the need for a funding mechanism to support Measure 5, Solar and Energy Efficiency Conversion. Page 2 Council Minutes - Climate Change Working Group July 10, 2008 /B-2 DRAFT ACTION ITEM (Cantinued) Danald Lee, La Jalla resident, representing the San Diego. Caunty Sierra Club Glabal Warming Cammittee, urged the Cauncil to enact the strangest protectian measures against carban emissians. He stated tbat the Sierra Club was appased to. staffs recammendatians that included reduced green building standards, eliminatian af third party verificatian, and creatian af the laaphale that wauld allaw develapers to. pay maney instead af making real carban reductians. Lea Miras, representing Enviranmental Health Caalitian, stated that staffs recammendatians regarding green building standards were incansistent witb the Cauncil's directian. He suggested madificatians such as limiting use af mitigatian fees, giving greater weight to. energy efficiency, and ensuring transparency and accauntability. He suggested streamlining the pracess far Measure 5. He also. suggested giving priarity to. measures that wauld guarantee reductians, and reviewing implementatian measures in two. years to ensure gaals were being met. David Stucky, Chula Vista resident, representing the Building Industry Assaciatian af San Diego., and Building Ovmers and Managers Assaciatian (BOM.'\) Internatianal, expressed cancern regarding Measure 3, stating that a currently free and valuntary program wauld became mandatary and at a cast. Regarding Measure 4, he expressed cancern abaut the lack af ecanamically feasible technalagy to. meet the recammended standard. He recammended an approach with facus an carban emissian reductians. Craig Benedetto., San Diego. resident, representing the Natianal Assaciatian af Industrial and Office Properties, spake in suppart af Measure 4 as it related to. maving away from LEED (Leadership in Energy and Enviranmental Design) as a mandate. He stated that new develapment was bearing the burden af energy efficiency and carban affsets because af alder, less efficient develapment. He expressed the need far balanced respansibility between all users, and retrafitting existing alder develapments, bath residential and cammercial. Matt Adams, San Diego. resident, representing the Building Industry Assaciatian, spake with respect to. Measures 4 and 5, stating that the problem was with existing alder hames. He cammented that real casts and carban benefits wauld be realized if the prapased fee far new buildings was applied to. retrofitting af alder hames. He asked that tbe Cauncil delay making a decisian to. require standards abave Title 24 in anticipatian af State legislatian that wauld be addressing the issues. Lynda Gilgun, Chula Vista resident, and member af the Clirnate Change Warking Graup, spake in suppart af the propased green building standards which she stated wauld have the most patential far lawering carban emissians by maintaining a 20% reductian aver the Title 24 energy efficiency standard, and retrofitting alder existing hames and businesses. Sherecammended that Cauncil adapt tbe pragram implementatian plan with the ariginal measures approved an April I, 2008, and suggested mitigatian fees be utilized far anything between a 15% minimum reductian and the 20% reductian standard. Michael Gilgun, Chula Vista resident, urged the Cauncil to. adapt the very strictest building and energy efficient standards passible. Page 3 - Council !vrinutes - Climate Change Vi orking Group July 10, 2008 /.8.-3 DR.A.FT ACTION ITEMS (Continued) Sean Kilkenny, San Diego resident, representing the Otay Ranch Company, cited portions of a letter distributed to the Council, dated July 10, 2008, which supported the City's goals of achieving emissions levels 20% below 1990 greenhouse gas emissions levels, the enactment of reasonable new standards that were effective and efficient in reducing carbon emissions, and that new burdens placed on new construction should be placed in context. He commended the City for accomplishing its goals of reducing greenhouse gas emissions by designing communities to reduce vehicle miles traveled, and enacting pedestrian friendly, transit-oriented land plans. Bob Bliss, Chula Vista resident, questioned funding sources for the proposed standards in both the public and private sectors. With respect to Measure I, he asked why natural gas was not addressed, stating that the cost and emissions of natural gas was one third the cost of regular gas, and suggested looking at natural gas rather than hybrids. Regarding Measure 5, he suggested looking at tankless water heaters rather than solar. Pamela Bensoussan, Chula Vista resident, stated that mitigation fees should only be applied to projects that could not meet the City's standard, requiring appropriate findings and meeting the requirements of Title 24, with the balance offset by fees. She spoke in favor of maintaining the 20% above the Title 24 requirement, and stated that oversight should remain a part of the overall program. On the subject of incentives versus mandates, she stated that incentives did not work, and that mandates realize results. Richard D' Ascoli, representing the Pacific Southwest Association of Realtors, expressed the importance for the City to refrain from duplicating what was set at the state level. He spoke about the Climate Change Working Group's absence of programs focused on transportation and bringing businesses to the City. He stated that encouraging people to live and work in the City would result in reduced commute times and significant reductions in greenhouse gasses. Regarding Measure 3, he suggested that the property manager or owner be required to be involved in the energy assessments so tenants would not have the ability to make decisions on infrastructure changes. Jean Costa, La Mesa resident, representing the San Diego Sierra Club .Global Warming Committee, urged the Council to adhere to the original Climate Change Working Group recommendations. Cindy Gompper-Graves, Poway resident, representing the South County Economic Development Council (SCEDC), spoke of the review of the seven measures by the SCEDC Transportation Infrastructure Committee, and requested Council consideration of additional incentives for businesses that could include project expediting and density bonuses, incentives from SDG&E, private foundations, and assistance from federal and state agencies to help offset costs imposed upon residences and businesses. She spoke about the City's opportunities to capture businesses that manufacture energy efficient devices, such as solar panels, and to look at further incentivizing programs for those' businesses to relocate to the City. She suggested that the City work in concert with other agencies to avoid duplication or conflicting regulations. Page 4 - Council Minutes - Climate Change Working Group July 10,2008 18-'1 DRMT ACTION ITEM (Continued) Andrea Cook, San Diego resident, representing the California Center for Sustainable Energy, stated that Title 24 is the lowest standard for all involved, she spoke in support of the 20% over Title 24 standard, but added that 15% was acceptable. Rufino "Pie" Rogue, Chula Vista resident, representing EI Primero Hotel, expressed concern that Measures 3, 4, and 5 were centered on new development and new projects, and did not address old or existing establishments. He spoke of the many "green" initiatives his establishment had embarked upon such as recycling, using environmentally sensitive products, and energy-efficient appliances. He suggested that the City offer more incentives to those businesses doing their part in energy efficiency. Mariana Lopez, Chula Vista resident asked the Council to support the recommendations of the Climate Change Working Group approved by the Council on April 1, 2008. She favored maintaining the 20% over Title 24 standard. She suggested that mitigation fees be used towards infrastructure improvements to build sidewalks that in turn, would encourage more people to walk or ride bikes, resulting in reduced carbon emissions. Derek D. Turbide, Chula Vista resident, member of the Climate Change Working Group, and San Diego Account Manager for Clean Energy, spoke with respect to Measures land 2, and the benefits of considering the inclusion of natural gas vehicles that would be cheaper, cleaner, domestic, and available to every class of vehicle. Richard Chavez, Chula Vista resident and Chairperson for the Climate Change Working Group, suggested that should a bio-diesel fueling station be installed in the City, that its use be extended bevond Citv vehicles to include local vendors. Regarding building standards. he suggested the -' ~ '- '-' ....... '............ use of mitigation funding to assist with financing, particularly for solar energy and turf conversion programs. He spoke of the need for immediate action to help the environment Alan Ridley, Chula Vista resident, did not speak, but indicated support of the seven measures. At 8:37p.m., Mayor Cox announced a recess of the Council Meeting. The meeting reconvened at 8:57 p.m., with all members present, except Councilmember Castaneda who was absent and Councilmember McCann who arrived at 8:59 p.m. City Manager Garcia recommended implementation of the program, which can be fine tuned as needed, and that resources be identified to fund the program. Discussion ensued between staff and the Council about goals and steps to be considered to move forward with the proposed measures. Councilmember Ramirez suggested that if Council direction is provided to staff, and that direction is not feasible, suggestions should be brought back to the Council for reconsideration. Each of the seven proposed measures was addressed separately by the Council as follows: Page 5 - Council Minutes - Climate Change Working Group July 10,2008 /8-5 D R.",FT ACTION ITEM (Continued) MEASURE I - High Efficiency/Alternative Fuel Replacement Vehicles for City Fleet There was concurrence by the Council for Measure I. MEASURE 2 - High Efficiency/Alternative Fuel Replacement Vehicles for City-contracted Fleet Councilmember Ramirez suggested the Citv work with and offer incentives to businesses that have high efficiency/alternativ~e fuel fleets. . There was concurrence by the Council for Measure 2. MEASURE 3 - Business Energy Assessments Mayor Cox expressed concern with the mandatory provisions and implicit penalties. She recommended keeping the inspections voluntary for the first three months of 2009 in order to review the results. Councilmember McCann spoke in support of voluntary energy assessments. Councilmember Ramirez spoke in support of mandatory energy assessments with a "soft," helpful approach. Deputy Mayor Rindone suggested that energy assessments be performed every five years with a report to Council annually. Discussion ensued between the Council and staff about the proposed mandatory inspection program. Mayor Cox recommended, and Deputy Mayor Rindone and Councilmember McCann concurred, that an amendment be' made to invite businesses without penalty, to participate in a no-cost assessment, as part of the business licensing process; and that .the Council reassess the proposed ordinance within three years. Deputy Mayor Rindone added direction to staff to remove the requirement for new business ovmers to participate in an assessment if, within the previous three years, an assessment was already done. Councilmember Ramirez was opposed to the proposed modification. MEASURE 4 - Green Building Standard There was discussion between the Council and staff regarding the benefits and challenges of adopting green building standards of 15% versus 20% over the Title 24 requirements. There was concurrence by the Council for Measure 4, using a 15% standard above the current Title 24 regulations, with reassessment to determine if additional reductions would be feasible 'With the new Title 24 regulations. MEASURE 5 - Solar and Energy Efficiency Conversion There was concurrence by the Council for Measure 5. Page 6 - Council Minutes - Climate Change Working Group July 10.2008 / B-~~ DRAFT ACTION ITEM (Continued) MEASURE 6 - Smart Growth Mound Trolley Stations There was concurrence by the Council for Measure 6. MEASURE 7 - Turf Conversion Program There was concurrence by the Council for Measure 7. With respect to financing for the proposed measures, City Manager Garcia asked for Council approval of staff s proposal to work on re-negotiations of a franchise fee with SDG&E that would be brought back to the Council, and he recommended approval of the proposed resolution. ACTION: Mayor Cox moved to adopt the following Resolution No. 2008-177, with the amendment to Measure 3, heading read, text waived: RESOLUTION NO. 2008-177, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ADOPTING THE IMPLEMENTATION PLANS FOR THE CLIMATE CHANGE WORKING GROUP MEASURES, (2) APPROVING PARTIAL IMPLEMENTATION OF THE MEASURES BASED ON CURRENT Fl.JNDING LEVELS, (3) AUTHORIZING STAFF TO PURSUE ADDITIONAL HJNDING OPTIONS A..l'-JD (4) DIRECTING STAFF TO RETUR.,'\I TO COUNCIL WITHIN 180 DAYS WITH AN IMPLEMENTATION UPDATE Deputy Mayor Rindone seconded the motion and it carried 4-0. Councilmember McCann announced the recent passing of Judy Schulenberg, community member and Board Trustee of Southwestern College, and he requested that the Council Meeting of July 15,2008 be adjourned in her memory. The Council convened in Closed Session at II: I 0 p.m. CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVER...NMENT CODE SECTION 54956.9(a) Robert Carman v. City of Chula Vista San Diego Superior Court, Case No. GIS 28421 Deanna Morv. et aI. v. City of Chula Vista. et aI., United States District Court, Case No. 06 CV 1460 JAH (BLM) Deanna Morv. et aI. v. City of Chula Vista. et aI., United States District Court, Case No. 07-CV-0462 JLS (BLM) No reportable action was taken on these items. Page 7 - Council Minutes - Climate Change Working Group July 10,2008 18 -7 D Rl\FT CLOSED SESSION (Continued) 3. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERt'\iMENT CODE SECTION 54956.9(c) One case No reportable action was taken on this item. ADJOURt'\iMENT At 11 :20 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of July 15, 2008 at 6:00 p.m. in the Council Chambers. ----7 ~C'Deputy::: Page 8 - COlillcil Minutes - Climate Change Working Group July 10, 2008 /8-8' DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA July 15, 2008 6:00 P.M. A Regular meeting of the City Council of the City of Chula Vista was called to order at 6:04 p.m. in the Council Chambers: located in City Hall,~ 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor Cox ~ ABSENT: Councilmembers: None ALSO PRESENT: City Manager Garcia. Interim City Attornev Miesfeld. Interim City Clerk No~is, and-Deputy City Clerk Bennett' . . PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY o OATHS OF OFFICE Erica Fessia to the Cultural Arts Commission Misty Tienken to the International Friendship Commission Interim City Clerk Norris administered oaths of office to Erica Fessia and Misty Tienken, and Councilmembers Ramirez and Castaneda presented them each with a certificate of appointment. o INTRODUCTION BY POLICE CHIEF EMERSON OF PATRlCK WHITE, PEACE OFFICER Police Chief Emerson introduced recent police academy graduate Officer Patrick Wilite, and Mayor Cox welcomed Officer Wilite on behalf of the Council. o PRESENTATION BY MAYOR COX OF A PROCLAMATION TO JIM CRAIG, KA.TlE DELGADILLO AND MICHELLE GREER OF THE RECREATION DEPARTMENT, PROCLAIMING JULY II THROUGH 17, 2008 AS "THERAPEUTIC RECREATION WEEK" Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Carmel Wilson and Michelle Greer. o PRESENTATION BY MAYOR COX OF A PROCLAMATION TO SHANNON BULLOCK, RECREATION SUPERVISOR, PROCLAIMING JULY 17, 2008 AS "GO PLA Y, GET FIT, YOUTH DAY" IN THE CITY OF CHULA VISTA Mayor Cox read the proclamation and Councilmember McCann presented it to Shannon Bullock and Bernice Mora. Page 1 - Council Minutes July 15.2008 /0-/ DRAFT SPECLt\L ORDERS OF THE DAY (Continued) . REPORT FROM CHUCK COLE, PRESIDENT OF ADVOCATION, INC., ON THE STATE BUDGET Government Relations Liaison Carnevale introduced Chuck Cole, who gave an update on the State Budget that included the continued mismatch between revenues and expenditures in the State of California that has resulted in a $24.3 billion shortfall. He expressed the importance of protecting local government's revenue resources. CONSENT CALENDAR (Items 1 through 11) With respect to Item 2A, Mayor Cox noted a clerical error on the agenda, and that the memorandum included Councilmember Castaneda's request for excused absences from the July 8 and July 10,2008 Council meetings. Mayor Cox noted that Councilmember Castaneda would be abstaining from voting on Item 2A,3B, 8, 9 and 10, and Councilmember Ramirez would be abstaining from voting on Item 3C. Item 5 was removed from the Consent Calendar at the request of Deputy Mayor Rindone, and Item 10 was removed from the Consent Calendar at the request of Councilmember McCann. 1. APPROVAL OF MINUTES of May 27 and June 3, 2008. Staff recommendation: Council approve the minutes. 2. WRlTTEN COMMUNICATIONS A. Memorandum from Councilmember Steve Castaneda requesting an excused absence from the City Council Meetings of July 8,2008, and July 10, 2008. Staff recommendation: Council excuse the absences. B. Letter of resignation from Aurora S. Cudal, member of the Housing Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. A. RESOLUTION NO. 2008-178, RESOLUTION OF THE CITY C01.JNCIL OF THE CITY OF CHULA VISTA ACCEPTING $256,424 IN LOAN FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR ENERGY-EFFICIENCY IMPROVEMENTS AT THE LOMA VERDE POOL COMPLEX i\.ND POSSIBLE PROJECT COST INCREASES ASSOCIATED WITH PREVIOUSLY APPROVED ENERGY-EFFICIENCY RETROFIT PROJECTS AT THE PUBLIC WORKS CORP YARD AND LOMA VERDE RECREATION CENTER; AMENDING THE FISCAL YEAR 2008/2009 C.tu'ITAL IMPROVEMENT PROGRAM ."'-ND CEC ENERGY LOAN FUND; AND APPROPRlA.TING $256,424 IN NEW LOAN FUNDS TO CAPITAL IMPROVEMENT PROJECT GG202 (CEC ENERGY EFFICIENCY LOAN - PHASE 1) (4/5THS VOTE REQUIRED) B. This item was removed from the Consent Calendar. Page:2 - Council Minutes July 15,2008 / (!-z DRAFT CONSENT CALENDAR (Continued) C. This item was removed from the Consent Calendar. In September 2007, the Council authorized the Depanment of Conservation and Environmental Services to pursue a combination of California Energy Commission loans and San Diego Gas & Electric (SDG&E) "On-Bill Financing" to bridge the financial gap between capital costs and SDG&E incentives for energy efficiency retrotit projects at municipal facilities. In March of 2008, the City was awarded a $607,446 California Energy Commission loan to upgrade lighting, improve HVAC systems and install variable speed drives at six facilities. The amended loan amount of up to $1,033,313 will allow greater implementation flexibility. In total, the improvement projects will reduce the City's annual energy use by approximately 1.4 million k\Vh and 50,000 therms, generating $214,000 in annual cost savings, which will be used to repay the low interest, reimbursement loan. (Conservation and Environmental Services Director.' Citv EngineerlEngineering Director) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION NO. 2008.181, RESOLUTION OF THE CITY CO\JNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORM.-\L CONSULTANT SELECTION PROCESS .A....ND APPROVING AN AGREEMENT WITH THE SAN DIEGO STATE UNIVERSITY RESEARCH FOUNDATION IN THE .A....IvlOUNT OF ONE HUNDRED EIGHTY-TWO THOUSAND, FOUR HUNDRED NIN~TY DOLLARS ($182,490) TO CONDUCT A FEASIBILITY STUDY FOR A >DISTRICT ENERGY SYSTEM FOR THE BA YFRONT PROJECT AREA AS P-,,\RT OF THE SAN DIEGO GAS AND ELECTRIC PARTNERSHIP PROGRAM, AND TRANSFERRING $25,240 FROM STAFF COSTS TO CONSULTANT COSTS WITHIN THE ENERGY CONSERVATION FUND Since March 2006, the National Energy Center for Sustainable Communities (NECSC), a collaboration between the City, San Diego State University and the Gas Technology Institute, have been working to advance responsible use of energy resources through the planning process of major developments throughout Chula Vista. In an effon to funher the work of the NECSC,and the broader environmental initiatives of the City, staff is recommending approval of an additional contract 'With the San Diego State University Research Foundation to study the feasibility of a district energy system as pan of the overall development of the Chula Vista Bayfront utilizing the funding from the San Diego Gas & Electric (SDG&E) Partnership Grant Program, administered by the City's Conservation and Environmental Services Department. (Economic Development Officer) Staff recommendation: Council adopt the resolution. 5. This item was removed from the Consent Calendar. Page 3 - Council Minutes July 15, 2008 /[-3 DR~FT CONSENT CALENDAR (Continued) 6. ORDINANCE OF THE CITY OF CHULA VISTA REVISING THE SPEED LIMIT FOR HIDDEN VISTA DRIVE BETWEEN EAST H STREET AND SMOKY CIRCLE (FIRST READING) An Engineering and Traffic survev has been completed in accordance with the California Vehicle Code, which mandates that a speed survey be completed and updated every seven years for each street with a posted speed limit within the City. Based on the results, it was determined that the speed limit on Hidden Vista Drive between East H Street and Smoky Circle should be increased from 25 mph to 30 mph, and between Smoky Circle and Terra Nova Drive should retain the existing 25 mph speed limit. Adoption of the ordinance implements this revision. (City Engineer/Engineering Director) Staff recommendation: Council hold first reading of the ordinance. 7. A. RESOLUTION NO. 2008-183, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRA.NT DEED IN FEE FOR TWO EXCESS REMNANT PARCELS ADJOINING STATE ROUTE 125, DESIGNATED AS SAN DIEGO COUNTY ASSESSOR'S PARCEL NUMBERS 595-070-52 AND 595- 070-53, FROM EASTLA.KE DEVELOPMENT COMPANY, AND AUTHORIZING THE CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT Al"JD RECORD THE GRA.NT DEED B. RESOLUTION NO. 2008-184, RESOLUTION ,OF THE CITY COT.JNCIL OF THE CITY OF CHULA VISTA APPROVING THE TRA.NSFER OF PARCEL DD32019-03- 01 AND PARCEL DD 32019-03-02, WHICH WERE GRANTED TO THE CITY OF CHULA VISTA BY THE CALIFORNIA DEPARTMENT OF TRA.NSPORTATION (CALTRA.NS) AS PART OF THE STATE ROUTE 125 PROJECT, TO MCMILLIN OTA Y RANCH LLC, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO TRA.NSFER THE PARCELS The State Route 125 Toll Road project started construction in September 2003, and opened to the public in November 2007. This project was approved as a "Design-Build" facility. Due to the final approved geometric alignment of the toll road, off-ramps and on-ramps, there are some portions of parcels initially anticipated to be a part of the project, that have been deemed by the California Department of Transportation to be not necessary. Adoption of the resolutions resolves the remaining excess land issues related to the construction of the toll road. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolutions. 8. This item was removed from the Consent Calendar. 9. This item was removed from the Consent Calendar. 10. This item was removed from the Consent Calendar. Page 4 - Council Minutes July 15,2008 It -Lj DR"-FT CONSENT CALENDAR (Continued) 11. ORDINANCE NO. 3116, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 8.25.020, 8.25.070 AND 8.25.095 OF THE CHULA VISTA MUNICIPAL CODE (SECOND READING AND ADOPTION) Adoption of this ordinance adds surety bonds, letters of credit or other surety acceptable to the City Manager or designee as a form of payment for the performance deposit. This ordinance was first introduced on July 8, 2008. (Public Works Director) ACTION: Mayor Cox moved to approve staffs recommendations and offered the balance of the Consent Calendar, Items 1, 2A and 2B, 3A 4, 6, 7, 11, headings read, texts waived. Councilmember Ramirez seconded the motion and it carried 5-0, except Item 2A which carried 4-0-1, with Councilmember Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. B. RESOLUTION NO. 2008-179, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ACCEPTING $150,800 IN LOAN FUNDS FROM THE CALIFORt'JIA ENERGY COMMISSION FOR POSSIBLE PROJECT COST INCREASES ASSOCIATED WITH PREVIOUSLY l\PPROVED ENERGY- EFFICIENCY RETROFIT PROJECTS AT THE CIVIC CENTER BRANCH LIBRARY, POLICE DEPARTMENT HEADQUARTERS, AND PARKWAY RECREATION CENTER; AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT PROGRAM AND CEC, ENERGY LOAN FUND; AND APPROPRIATING $150,800 IN NEW LOAN FUNDS TO CAPITAL IMPROVEMENT PROJECT GG202 (CEC ENERGY EFFICIENCY LOAN - PHASE 1) (4/5THS VOTE REQUIRED) ACTION: Mayor Cox moved to adopt Resolution No. 2008-179, heading read, text waived. Deputy Mayor Rindone seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. C. RESOLUTION NO. 2008-180, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $18,643 IN LOAN FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR POSSIBLE PROJECT COST INCREASES ASSOCIA TED WITH PREVIOUSL Y APPROVED ENERGY- EFFICIENCY RETROFIT PROJECTS AT THE SOUTH CHULA VISTA BRANCH LIBRARY; AMENDING THE FISCAL YEAR 2008/2009 CAPITAL IMPROVEMENT PROGRAM AND CEC ENERGY LOAN FUND; AND APPROPRLATING $18,643 IN NEW LOAN FUNDS TO CAPITAL IMPROVEMENT PROJECT GG202 (CEC ENERGY EFFICIENCY LOAN - PHASE 1) (4/5THS VOTE REQUIRED) ACTION: Mayor Cox moved to adopt Resolution No. 2008-180, heading read, text waived. Deputy Mayor Rindone seconded the motion and it carried 4-0-1, with Councilmember Ramirez abstaining. Page 5 - Council Minutes July 15, 2008 /C-5 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2008-182, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS ASSOCIATED WITH cm 071 FOR BROOKFIELD SHEA OTA Y LLC FOR THE CONSTRUCTION OF EASTLAKE PARKWAY ANTI HUNTE PARKWAY SERVING OTAY Ri\NCH VILLAGE 11 PHASE 3 Brookfield Shea Otay submined a payment request for reimbursement ftom Community Facilities District 071 bond proceeds for the construction of Eastlake Parkway and Hunte Parkway serving Otay Ranch Village 11, Phase 3. Adoption of the resolution approves change orders in the. amount of $388,215.18 for Brookfield Shea Otay, LLC for that purpose. Approved change orders will be paid from CFD 071 bond proceeds. (City Engineer/Engineering Director) Deputy Mayor Rindone asked statY to provide an explanation for the large difference between the actual costs of Eastlake Parkway and Hunte Parkway projects and the Engineer's estimate. City Manager Garcia explained that because of the recent reduction in construction costs, estimates calculated over a year ago were higher than current costs, and that the City was now receiving more bids with bener prices for projects. ACTION: Deputy Mayor Rindone moved to adopt Resolution No. 2008-182, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 5-0. 8. RESOLUTION NO. 2008-185, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA .APPROVING A!\J AMENDMENT TO THE OCTOBER 2006 AGREEMENT BETWEEN THE CITY ~ND THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, APPROVING A NEW AGREEMENT VvlTH THE CALIFOR-NIA DEPARTMENT OF CORRECTIONS AND REHABILITATION FOR THE IN-CUSTODY DRUG TREATMENT PROGR-'\M ."'-.ND ,APPROPRLA. TING $54,642 TO THE FISCAL YEAR 2008/2009 POLICE BUDGET BASED UPON UNANTICIPATED REVENUES In 2006, the Council approved an agreement between the City and the California Department of Corrections and Rehabilitation for the In-Custody Drug Treatment Program. Adoption of the resolution approves an amendment to that agreement, and a new agreement to increase the daily jail rate for each parolee and increase the number of participants. (Police Chief) 9. RESOLUTION NO. 2008-186, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSUL T.A..NT SELECTION PROCESS, APPROVING THE CONTR-A.CTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO CONTINUE PROVIDING YOUTH COUNSELING SERVICES, .A.1'\JD AUTHORIZING THE CITY MANAGER TO APPROVE THE FOUR ONE-YEAR EXTENSIONS OF THE AGREEMENT South Bay Community Services provides juvenile counseling services to the City. The anached agreement formally continues those services, which includes a Youth Counseling Program. Runawav Case Management Program. and Homeless Youth Outreach Progr~s. (Police Chief) - _. Page 6 - Council Minutes July 15, 2008 /c -0 DRA.FT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to adopt Resolution Nos. 2008-185 and 2008-186, headings read, text waived. Deputy Mayor Rindone seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. 10. RESOLUTION NO. 2008-187, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHA.SE OF ELECTRONIC PARKING METERS FROM CALE PARKING SYSTEMS USA, INCORPORA.TED AND POM INCORPORA. TED IN ACCORDANCE WITH THE TERMS Ai"\TD CONDITIONS OF CITY OF CHULA VISTA REQUEST FOR BIDS 10-07108 FOR A ONE-YEAR TERM BEGINNING JULY 1,2008 AND ENDING JUNE 30, 2009; A.ND AUTHORIZING THE PURCHASING AGENT TO APPROVE FIVE Ol\TE- YLAR EXTENSIONS OF THE TERM THROUGH JUNE 30, 2014 The City issued a Request for Bid for electronic parking meters to replace outdated mechanical parking meters in the Downtown Parking District. Adoption of the resolution replaces all parking meters within the district ",ith individual and multi-space meters. (Redevelopment and Housing Assistant Director) Staff recommendation: Council adopt the resolution. Councilmember McCann questioned the delay in bringing the item forward to Council, and whether or not any loss of revenue had resulted in the delay. Senior Project Coordinator Do responded that the bid process for electronic parking meters took several months, and staff anticipated installation of the new meters in September 2008, should the item be approved by the Council, City Manager Garcia stated that staff would bring information to the Council regarding the possible fom1ation of a parking district. Councilmember McCann indicated that the City should look at other opportunities for another entity to run the parking district. City Manager Garcia noted that this would result in a significant loss of revenue to the City. ACTION: Councilmember McCann moved to adopt Resolution No. 2008-187, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. PUBLIC COMMENTS There were none. ACTION ITEMS 12. CONSIDERA.TION OF PLACING A MEASURE RELATING TO THE CITY'S TELECOMMUNICATIONS UTILITY USERS' Ti\X ON THE BALLOT FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 Page 7 - Council Minutes July 15,2008 / (;-7 DRAFT ACTION ITEMS (Continued) Chula Vista's Utility Users' Tax (UUT) was adopted in 1970 as a means to help fund public services and capital improvement projects through the City's General Fund. The City receives UUT based on the usage of natural gas, electricity and telecommunications. In Fiscal Year 2006/2007, the total UUT received was approximately $7.0 million, which represents 5% of General Fund revenues. City staff is recommending that the UUT on telecommunications be updated. Adoption of the resolutions approves an ordinance to be placed on the November ballot for this purpose; and appropriates the funds necessary to cover the related costs. (Finance Director) City Manager Garcia introduced Finance Director Kachadoorian and Director of Conservation and Environmental Services Meacham, who presented the background and objectives of the proposed ooT ballot measure. Donald Maynor, the City's Legal Consultant, provided details regarding the proposed measure and explained that the benefit for placement of a UUT measure on the ballot was to avoid potential lawsuits regarding the definitions of the existing ordinances. He also expressed a need to propose this ordinance this year, since there was proposed federal legislation that would impose a five-year moratorium on new wireless taxes. Discussion ensued between Councilmembers and staff about the proposed utility users' tax on telecommunication users, concerns with the adverse effect on the City's budget if this measure was not adopted, as well as concerns 'With the proposed ballot language. Sam AUisha, EI Cajon resident, representing Cox Communications, referenced a leuer to the Council dated July 8, 2008 regarding the proposed changes to the UUT, citing concerns about application of the Tax-to- Video services, the effective date of the proposed ordinance, and the need to provide the voters an accurate understanding of the proposed changes. He also noted that the proposed ordinance would impact both residents and businesses. Lani Lutar, San Diego resident, representing the San Diego County Taxpayers Association. referenced a leuer submiued to the Council dated July 15, 2008, citing a number of concerns about the proposed amendments to the UUT. She stated that the proposed changes would be a tax increase to users since new categories would be added, and that the proposed ballot language was misleading. Larry Breitfelder, Chula Vista resident, concurred with the comments by Ms. Lutar. He expressed concern about the City's proposed $70,000 in expenditures for the informational program. He also stated that the proposed ballot language was misleading for the public. He spoke on behalf of the Chula Vista Taxpayers Association, requesting that the Council provide complete candor to the public on the proposed tax measure. At 8: 18 pm., Mayor Cox recessed the Council Meeting. The Meeting reconvened at 8:44 p.m., with all members present, Discussion ensued between the Council, staff, and Mr. Maynor regarding the proposed ballot measure. City Manager Garcia suggested that decreasing the amount of tax to 4.5% would make Page 8 - Council Minutes July] 5.2008 /C-6 DR-\.FT ACTION ITEMS (Continued) the City's the lowest tax rate in the State, but would ensure a more revenue-neutral position, providing less of a windfall to the City, and solving the problem of an unequal spread of utility taxes. Deputy Mayor Rindone stated that he could not support a UUT reduction of 4.5%, but would support the proposed 4.75% reduction, with the understanding of a review by the Council in 90 days, with necessary adj ustments to make it revenue-neutral. Councilmember Ramirez spoke in support of the comments by Deputy Mayor Rindone to maintain a 4.75% reduction, and a review of the UUT in 12 months, after adoption of the ordinance. He also suggested that staff work on the proposed ballot language to provide a clear picture of what the City was trying to do. Councilmember Castaneda stated that he could not support the proposed ballot language. He requested an agreement between the City and the Taxpayers Associations, to work collaborativelv and to detem1ine whether or not the aggregate revenue was revenue-neutral. Or altematively, he stated he would support a flat 4.5% red~ction. Mayor Cox reminded the Council that a unanimous vote on the proposed items by the Council was necessary, as well as a deadline by the County to place the measure on the ballot. Councilmember McCarm stated that he could not support the proposed ballot language and would support continuance of the item to a future date. ACTION: Mayor Cox moved to table Item 12 to a Special Meeting of the City Council on July 23, 2008 at 8:00 p.m. Councilmember Castaneda seconded the motion and it carried 5-0. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A MEASURE RELATING TO THE CITY'S TELECOMMUNICATIONS USERS' TAX AT THE SPECL"..L MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008; DECLARING THE EXISTENCE OF AN EMERGENCY NECESSITATING SUCH ACTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE .t\N IMPARTIAL A...1\IAL YSIS OF THE MEASURE (UNANIMOUS VOTE REQUIRED) B. RESOLUTION OF THE CITY COlTNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $105,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE CITY CLERK'S AND NON-DEPARTMENTAL BUDGET TO COVER ANTICIPATED COSTS AND EXPENSES RELATED TO ELECTION COSTS, A1'1D PRINTING AND M.-'\ILING COSTS (4/5THS VOTE REQUIRED) OTHER BUSINESS 13. CITY MANAGER'S REPORTS City Manager Garcia informed the Council that he would be placing an item on next week's agenda. recommending action bv the Council to re-institute the December 2. 2008 Council Meeting, for the purpo~e of decla,;ing results of the November 4, 2008 election au'd installation of newly elected Councilmembers. Page 9 - Council Minutes July 15, 2008 le-q DRA.FT 14. MAYOR'S REPORTS Mayor Cox alU10unced the recent opening of a branch of Bank of America at Winding Walk, and the opening of Los Arcos Restaurant on E Street. She also reminded everyone about the Colonel Dickinson's Chicken DilU1er event on August 2, 2008. She noted that the City would be celebrating its 1 OOth Anni versary in 2011, and hoped for publication of a book at that time, illustrating the City's history. To that end, she spoke about perhaps forming a centennial committee to discuss the book more fully. She announced that Chula Vista's Urban Core Specific Plan recently won the Urban Land Institute's Award, and the award was currently being. displayed in the Council office. She stated that Otay Ranch Certified Farmers Market had joined the Downtov<TI Farmers Market on Tuesdays and Thursdays respectively. She corrunented that Endow Chula Vista was moving forward, and was up to 14 founding members. She stated that the group was hopeful to collect $100,000 by the end of the year, half of which would be spent on City causes. She encouraged anyone interested in donating, to learn more about Endow Chula Vista. 15. COUNCIL COMMENTS Deputy Mayor Rindone thanked the Police Department and Cricket Amphitheatre for a revised transportation plan that had improved traffic access to amphitheatre events. He spoke of the recent luncheon for retiring Senior Assistant City Attorney Sharon Marshall, a valued and trusted employee, and he wished her health and happiness. He spoke regarding the full cost recovery assessment for the Championship Off-Road Racing (CORR) item from the Council Meeting of July 8, 2008, and requested that staff bring the item back with an analysis of the benefits to the City of the $55,000 additional revenue from the event. 'City Manager Garcia restated Deputy Mayor Rindone's request for staff to give a presentation on the full cost recovery program, which covered all departments: and as a result oflast week's Council action, which would apply full cost recovery to the CORR racing project, bring information forward to get Council direction on what to do with the resulting $55,000. Deputy Mayor Rindone agreed that City Manager Garcia's two points would satisfy his request. Councilmember McCann stated that he was at Harborside Park over weekend and was pleased to report that members of the public were utilizing all areas of the park, and that was a good reminder that the reason the Council existed was to foster corrununity feeling. Councilmember Castaneda recognized the recent passing of Judy Schulenberg, a long- time active member of the corrununity, and Roberto De Philippis, former proprietor of the Butcher Shop restaurant. He requested staff to bring back the Championship Off-Road Racing item, (Item 13) from the meeting of July 8, 2008, in order to revisit the matter. Interim City Attorney Miesfeld responded that Item 13-A could not be brought back for discussion and action, and he would confer with staff about bringing back Items 13-B and 13-C Deputy Mayor Rindone indicated that it was his preference that the items not be brought back, since he had voted against them. Councilmember Castaneda requested that staff place an item on the July 22, 2008 agenda for a PowerPoint presentation on the dangers of plastic bags. He corrunented on the upcoming interviews to fill one vacancy on the Parks and Recreation Corrunission, and requested that the Council have the ability to review all applicants for nomination by the Council. Page 10 - Council Minutes July 15, 2008 I {: -/0 DRA.FT COUNCIL COMMENTS (Continued) Councilmember Ramirez suggested development by the Council, of a Council Policy for waiving full cost recovery. He then spoke about his work with a group of seniors at the Norman Park Senior Center, who had developed a program named "Mining California Gold" to come up with ideas that \vould benefit the community. One of the latest ideas would be to utilize the tag line "Chula Vista Courtesy Valued", and he asked for thoughts arid consideration by the Council on the suggested tag line. Mayor Cox announced that the meeting would adjourn in memory of Judy Schulenberg. The Council convened in Closed Session at 10:00 p.m. CLOSED SESSION 16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LlTlGA TION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): Two cases No reportable action on the first case; and second case was not discussed. ADJOUR..NMENT At 10:30 p.m., Mayor Cox adjourned the meeting in memory of Judy Schulenberg, to the Regular Meeting of July 22, 2008 at 6:00 p.m. in the ,Council Chambers, and thence to and Adjourned Regular Meeting of July 23, 2008 at 6:00 p.m., in the Executive Conference Room, and thence to a Special Meeting of July 23, 2008, at 8:00 p.m. in the Council Chan1bers. ~ Lorraine Bennett, CMC, Deputy City Clerk ~ ..--" Page 11 - Council Minutes July 15,2008 / c - II ~\f? ~ :-- --~ Councilmember Steve Castaneda City Of Chula Vista 276 Fourth Avenue Chufa Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO OlY OF CHUlA VISfA . '~;'~'~.1: fJ},:;'C"'~~::~-".~ ' ,~~")t',t,;:,RJ.', \. .J"~i;'# '"'~~.;.t:?n~hf~':~ ,.,,~~~'~. ~:i' Friday, August 08, 2008 TO: Mayor and City Councilmembers RE: City Manager, City Clerk, City Ao.~rn~y / Councilmember Steve castane~ Absence from Office / cc: FROM: iJi, ' ":,,,' ,.,."'~,.. ""$'>",,": ........... ,',,!-," Please excuse my absence, due to my attendance at my son's school open house, from the City Council Workshop of August 07,2008. Thank you. 2A. 08/07/2008 04:16 FAX 3096756345 CATERPILLAR I4i 001/001 445 Corte Calypso Chula Vista, CA 91914 Phone: (619) 48243<l1 E-mail: SigmaCPA@slx:g1obal.net DavidA. Tumer,MSACPA August 7, 2008 Brad Romp Asst Director, Planning & Building City of Chula Vista Public Services Building 276 Fourth A venue Chula Vista, CA 91910 Dear Brad: With deepest regrets, r am writing to resign my position on the Board of Appeals and Advisors for the City of Chula Vista, effective August 31, 2008. I have acc.epted a new position with my employer that iequires relocation back to the Midwest. I've been very proud and blessed to serve with the members of this Board and the great Public Servi.ce employees for the City. I. know the citizens of Chula Vista are adequately served by the talented professionais in Planning and Building. I wish you all much success and thank you for the great experience I've had serving this Board. Sincerely. fJtlt~ c1 Z;w / David A. Turner, MSA CPA Member, Board of Appeals & Advisors 0:: Ben West, Board Chairman Eileem Dimagiba, Planning & Building Jennifer Quijano, Office cfthe Mayor . .. .. .. .. . w .. . .. .. .... . . ,. . .. .. .. .. . . .. .. .. .. .. D.e CPA. New!/" UrAerestm>.ate tJ-.e Value. @ /112. ?L:"':> f?~C\\ ORDINANCE NO. "'~~ \lS)lJ ~~~I" AN ORDL'iA.NCE OF THE_ S.I~ ~~CHlJLA VISTA ADOPTING Al\1E]\<TIMENTS T~~'~A VISTA IYfliN1CIP.AJ. CODE SECTION 8.25.095 - CONSTRUCTION ANTI DEMOLITION DEBRIS RECYCLING The City Council of the City of Chula Vista does ordain as follows: SECTION 1. That Section 8.25.095 of the Chula Vista Municipal Code are hereby amended to read as follows: 8.25.095 Construction and demolition debris recycling. A. Projects. 1. Covered Projects. The following project categories are covered projects and must comply with this section: a. A.ny project requiring a permit for demolition or construction, with a project valuation of $20,000 or more, unless defmed as a non-covered project in subsection (A)(3) of this section. b. Any sequenced developments, such as housing subdivision construction or subdivision demolition must be considered as a "project" in its entirety for purposes of this section, and not as a series of individual proj ects. 2. City-Sponsored Projects. All City consrruction and demolition projects shall be considered "covered projects" and shall submit a waste management report to the City Manager or designee prior to i~i'uance of any construction or demolition permits. 3. Non-Covered Projects. A performance deposit and waste management report shall not be required for the following: a. Work for which a construction or demolition permit is nor required. b. Roofing projects that do not i.11c1ude tear-off of existing roof. c. Work for which only a plumbing, only an electrical, or only a mechanical permit is required. d. Seismic tie-doV<TI projects. e, Projects less than 10,000 square feet, where no structural building modifications are required. f. Emergency required to protect public health and safety. g. Individual single-family homes that are not part of a larger project. While not required, it shall be encouraged that at least 50 percent of all project-related construction., renovation and demolition waste from non-covered projects be di verted. B. Submission of Waste Management Report. 1. Consrruction and Demolition Waste Management Report Forms. Applicants for any covered project shall compiete and submit a construction and demolition waste management report on a waste management report form (\VMR) approved by the City for this purpose. The VvMR shall be submitted for review and approval prior to issuance of a construction or demolition permit. The com- pleted \\iMR shall indicate all of the following: a. The type of project: b. The total square footage of the project: J:\AuomcyIEUSA\ORDINANCES\Canstf"JCliOll Demolition OrtiinaneelC'VMC ~":~.Q95_0~3~lit~ ~'CI';.doc Ordinance No. Page 2 c. The estimated volume or weight of construction and demolition debris, by material type, to be generated; d. The maximum volume or weight of construction and demolition debris that wiil be recycled or diverted from the landfill; e. The maximum volume or wei2ht of construction and demolition debris that will be disposed of in a landfill; and ~ f. The vendors or facilities that the applicant proposes to use to collect, process or receive the construction and demolition debris. In estimating the volume or weight of materials identified in the WMR, the applicant shall use the standardized conversion rates established and approved by the City for this purpose. . 2. Initial Application. Notwithstanding any other provision of tPis code, no construction or demolition permit may be issued until the initial construction and demolition waste management report has been approved by the WMR Compliance OfficiaL The WMR Compliance Official will respond to the applicant's WMR submittal within 10 business days with an approval, denial or request for clarification. If the WMR Compliance OffiCial does not respond ",ithin 10 business days, the applicant should notify the OfficiaL After nOtification by the applicant, the Official will then have three business days to complete the review. If the review is not completed within three business days after the notification, the deposit requirement will be waived. 3. Amount of Performance deposit. The applicant for any covered project shall submit to the City a performance deposit. The amount of the performance deposit shall be calculated as the lesser of .75 percent (three quarters of one percent) of the total project cost for new construction and 1.5 percent of the total project costs for demolition projects or 530,000. All letters of credit must be issued by a financial institution acceptable to the City and on a form prescribed by the City and approved by the City Attorney. All bonds shall be in the form prescribed by the City and by such sureties whic'h are admitted insurers in the State of California, are subject to regulation by the Department of Insurance, and which satisfy all State requirements. Tne City shall not accept a surety bond for less than $10,000. The WMR Complia.'1ce Official shall waive the performance deposit if the total deposit required pursuant to this section would be S50.00 or less. Performance deposit funds in the form of cash, money order, or check will be placed in a secured accouIlt, subject to interest. The performance deposit and accrued interest shall be returned to the applicant upon acceptance of proof of compliance in. fulL If partial compliance, the performance deposit and associated interest will be refunded on a prorated basis dependent on the degree of compli- ance. The City will retain imerest on any deposit funds not refunded. 4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) Or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicants shall submit to the WMR Compliance Official, documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (C) of this section. The documentation shall include aU of the following: a. Receipts from the vendor or facility that received each material, showing the actual weight or volume of that material; b. A copy of the completed waste management report form, in its entirety; and c. Photographs and narrative documentation of the applicant's reuse activities. J'l.Altom<::v\EL1SA\O~INANCES\ConS\ruelion Demol;uon Ord,r,an.:.=,CVMC 8.1S.095 og. ::2-08 ,We:m ec.).2.doc . . - 3-z Ordinance No. Page 2 c. The estimated volume or weight of construction and demolition debris, by material type, to be generated; d. The maximum volume or weight of construction and demolition debris that will be recvcled or diverted from the landfilL e. The'maximum volume or weight of construction and demolition debris that will be disDosed of in a landfill; and - f. The' vendors or facilities that the applicam proposes to use to collect, Drocess or receive the construction and demolition debris. , In estimating the volume or weight of materials identified in the \VJYfR, the applicant shall use the standardized conversion rates established and approved by the City for tbis purpose. 2. Initial Application. Notwithstanding any other provision of this code, no construction or demolition pennit may be issued umil the initial construction and demolition waste management report has been approved by the WMR Compliance Official. The V/MR Compliance Official will respond to the applicant's WMR submittal within 10 business days with an approval, denial or request for clarification. If the WMR Compliance Official does not respond within 10 business days, the applicant should notify the Official. ,,"fier notification by the applicant, the Official will then have three business days to complete the review. If the review is nor completed witbin three business days after the notification, the deposit requirement will be waived. 3. Amount of Performance deposit. The applicant for any covered project shall submit to the City a performance deposit. The amount of the performance deposit shall be calculated as the lesser of .75 percent (three quarters of one percent) of the total project cost for new construction and 1.5 percent of the total project costs' for demolition projects or $30,000. All leners of credit must be issued by a financial institution acceptable to the City and on a form prescribed by the City and approved by the City Attorney. AI) bonds shall be in the form prescribed by the City and by such sureties which are admitted insurers in the State of California, are subject to regulation by the Department of Insurance, and which satisfy all State requirements. The City shall not accept a surety bond for less than SIO,OOO. The WMR Compliance Official shall waive the performance deposit if the total deposit required pursuant to this section would be $50.00 or less. Performance deposit funds in the form of cash, money order, or check will be placed in a secured account, subject to interest. The performance deposit and accrued interest shall be returned to the applicant upon acceptance of proof of compliance in full. If partial compliance, the performance deposit and associated interest will be refunded on a prorated basis dependent on the degree of compli- ance. The City will retain the interest on any deposit funds not refunded. 4. Documentation. Within 30 days after demolition is completed (if a demolition permit only) or 30 days after the issuance of a certificate of occupancy or at the time of issuing the last certificate of occupancy for units within a phased project of any covered project, the applicants shall submit to the WM..~ Compliance Official, documentation that it has met the diversion requirement for the project, unless applicant has been granted an exemption pursuant to subsection (e) of this section. The documentation shall include all of the following: a. Receipts from the vendor or facility that received each material, showing the actual weight or volume of that material; b. A copy of the completed waste management report form, in its entirety; and c. Photographs and narrative documentation of the applicant's reuse activities. J:\AttomeyIELISA\ORDtNANCES\COnslNCtioo Q","oiitior. Ordir.anc:'.CYMC 8.2.5.09.5_ 08.- 3~ (Se:ln cc).:.oo<: Ordinance No. Page 4 D. Appeal. Appeals of a determination made by the W1vfR Compliance Official under this section shall be made to the City Manager or designee. The appeal shall be in writing and filed with the City Clerk within 10 business days of issuance of the VlMR Compliance Official's decision. The appeal shall be limited to the following issues:(l) the granting or denial of an exemption; and (2) the amount of security to be released. The decision of the City Manager or designee shall be final. (Ord. 3105 S 1,2008). SECTION II. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after final passage. Presented by Approved as to form by Jack Griffin Director of Public Works "--r!L~.jl~ ~ &'1"'. Bart C. Miesfeld Interim City Attorney J:\Altomey\EL!SA\ORDtNANC::S\C~nstruction Demolilion QrdinancelCYMC 82.5,095_0~ :::S~can ~cl.l.j.oc CITY COUNCIL AGENDA STATEMENT ~\l.~ CITY OF ~CHUIA VISTA , I' 9/09/08, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS ASSOCLAcTED WITH CFD 08-1 AND CFD 13-1 FOR THE OTAY RAJ'\!CH COMPANY FOR THE CONSTRUCTION OF LA MEDIA ROAD AND SANTA LUNA STREET SERVING OTAY RANCH VILLAGES 6 AND 7 ~ DIRECTOROFENGIN1EiER G~ CITY MANAGER ASSISTANT CITY M. AGER S r 4/STHS VOTE: YES D NO [g] SUBMITTED BY: /' REVIEWED BY: ( \ SUMMARY Otay Ranch has submitted a payment request for reimbursement from Community Facilities Districts (CFD) 081 and 131 bond proceeds for change orders related to the construction of La Media Road and Santa Luna Street serving Otay Ranch Villages 6 and 7, Change orders above $50,000 require Council approvaL Tonight, Council will consider approving $167,274.23 in change orders for construction of La Media Road and Santa Luna Street. Approved change orders will be paid from CFD 081 and CFD 131 bond proceeds. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(2) of the State CEQA Guidelines therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On January 14, 2003 the City Council formed CFD No. 08-1 for the purpose of providing for the financing and acquisition for certain authorized public facilities associated with Otay Ranch Village Six. On September 16, 2003, per Resolution No. 2003-409, the City Council approved 4-1 9/09/08, Item~ Page 2 of 2 the issuance of bonds and the AcquisitionlFinancing Agreement (AF A) that established the procedure for acquiring authorized public facilities from the Otay Ranch Company. Similarly, on October 25, 2005, the City Council formed CFD No. 13-[, and by Resolution No. 2006-107 approved the issuance of bonds and the AF A that established the procedure for acquiring authorized public facilities from the Otay Ranch Company. Under the approved AF As, the developer requests reimbursement and submits invoices for eligible costs incurred during construction to the City for review. Approved costs are then paid from bond proceeds and the City acquires the facility. Therefore, the City's General Fund does not finance the construction of the eligible facilities. The AF A establishes the procedures for the reimbursement of change orders. Change Orders are costs not included in the original bid, but were necessary to complete the facility. Staff bring all change orders above a cumulative total of 550,000 to City Council for approval prior to authorizing reimbursement to the developer. On May 1, 2008, the Otay Ranch Company submitted a reimbursement request for the construction of La Media Road and Santa Luna Street landscaping improvements. La Media Road is defined as Improvement No.5 of CFD 08-[ and No.3 of CFD 13-1, and Santa Luna is defined as Improvement No.6 of CFD 13-[ (Attachments I and 2). The request included erosion control costs, which need Council approval for the following reasons: . Cumulative costs exceed 550,000 . The erosion control contract was not publicly bid It was found that erosion control activities were approved'in previous audits done by our fonner auditing consultant. The City agreed to reimburse the eligible erosion control costs based on these findings and because erosion control is a necessary activity during construction to prevent sediment from entering the City's storm drain system before permanent landscaping is established, and to comply with Clean Water Act requirements. The eligible amount for payment of the erosion control totals 5167,274.23. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPAcT There is no impact to the City's General Fund. Payment of the eligible costs is paid through the CFD 08-[ and CFD 13-1 project funds. ATTACHMENTS Attachment I: List of Eligible Facilities for CFD 08-1 Attachment 2: List of Eligible Facilities for CFD 13-1 Prepared by: Tessa Quicho. Administrative Analyst II, Engineering Department Chester Bautista, Associate Engineer, Engineering Department 4-2 ATIACHMENT I ExECUTION Co P y EXHIBIT "A" ACQUISITION AND FINANCING AGREEMENT FOR CFD 08-1 (OT A Y RANCH VILLAGE SIX) IMPROVEMENT DESCRll'TI0N AND EsTIMA TED COSTS Improvement Number [morovement Descriotion 1 Cost Estimatel 1 Traffic Enhancement-Telegraoh Canyon Road(3J 3,000000 2 La Media Road (Santa Venetia to Birch Road) 2,614,063 3 La Media Road (Santa Venetia to Birch Road)Landscaoin. 410,974 4 La Media Road(Birch Road to Rock Mountain) 6,500,000 5 La Medja Road{Birch Road to Rock Mountain)Landscaninp" 500,000 6 Olav Lakes Road 3,100,000 7 Birch Road 2,067,721 8 Birch Road LaodscaoinlZ 225 156 9 Backbone Roads(Viewoark, Ma2dalena, Sutter Buttes and Santa Elisabeth) 5,138,613 10 Backbone Roads Landscaping (View Park, Magdalena, Sutter Buttes and Santa 525,236 Elisabeth) 11 OlYmpic Parkway 8,615.382 12 East Palomar Street 2,101,922 13 East Palomar Street Landscaoimi!' 789,929 14 Santa Venetia Street 1,442,289 15 Santa Venetia Landscaoinl! 432,256 16 Sound Walls on SR-125 684,808 17 Traffic Signal at La Media Road and Santa Venetia Street 106,170 18 Traffic Signal at La Media Road and Birch Road 130,000 19 Traffic Signal at East Palomar Street and View Park Way 129,005 20 Traffic Si9Jl.al at East Palomar Street and Magdalena Avenue 140,000 21 Pedestrian Bridges 861,648 22 Facilities to be financed bv Public Facilities DeveloDment [rnoact Fee 6,333,582(4) 23 Develooment Slone Landscaoinl! 1 2Q< 396 Totals 47,142,150 Notes: Sources: Developer, McGill Martin Self, Inc. 1/ The description of the [mprovements set forth in this Exhibit "A" is preliminary and generaL The final plans and specifications may show substitutes or modifications to tne proposed Improvements and proposed Improvements may be added or deleted with the consent of Developer and the City Engineer. Components of all roadway improvements eligible far funding shall include (i) grading, including site preparation and mobilization, (ii) wet and dry utilities within the right-of-way, (iii) storm drain facilities. (iv) paving, (v) curb. gutter, :iidewalk, medians, (vi) traffic signals (unless such traffic signals are designated as separate lmprovements) (vii) lighting, (viii) landscaping (unless such landscaping is designated as a separate improvement) and (ix) all other appurtenant improvements. 21 Cost estimates are preliminary and may be modified from time to time with the consent of Developer and the City Engineer. The Pu:chase Price of an Improvement shall be based on actual costs. 3/ Cost estimate for the Telegraph Canyon Road Traffic Enhancement improvements constitutes the total cost of the facility. The actual amount reserved will be determined and may be adjusted as set forth in Section 8 of the Acquisition Financing Agreement. 4/ A maximum of$858.960 shall be set aside and financed from the proceeds oftbe Bonds. A-I 4-3 Exhibit "A" ATTACHMENT 'iJ ,..~...""".....-- AI'(llli~itilln :md Finnnrjnt' .\V'~ml'nt Fnr r.rn Nn 11-1 (Otay R::mrh vm:l~t'! "t'vt'n\ Imorovement De!criotion and EUimated Costs Im!~ovemenc l...pro"..IU....rD"'",]';pcioQ , CD&C lj;~tilU.ccl U bu 1 La Media Road TDIF) ~.Ja:).3JJ 2 La Mecia Road Non- TGIF) $1.144.J03 3 La Meala Road Landsca in9(TDIFl S1JSO.706 . Ma(]dalena Avenue (Non- TOIF) $1.635,210 5 Santa L'Jna Street Non-TDIF SI.700.0~9 , Santa Luna Street Landscaoi Non-TDIF $)~6.'tOJ 7 Fleisbein Sln:et ilnd Kincaid Avenue Sewer Non- TDIF $507.955 8 Trail SvslemJStorm Drain System 51.459,698 . Slaoe landscaoina $2.])9,082 1. TrafficSl nals U59.917 11 Those Facmties 10 be financet: b" the Public Facilities Develooment Imoact F'!e:J1 $1.'n7.140 TOTAL $16,9304,9Q& ~ The dcscri;ltIon o(tite Improvemenu set fort:b in!hil EAAibit "A" i. ;;relimitwy.1Jld gClel'&!. The fuW planlllld sptc.iii';oons may !how fllb&l.iruTct Cli' II modification. EO the prop<l1cd ;mprovcmeDU iIml P"lp"",d lmproveo>l:nU m.y b...uleed ordeictcd with the ccn.c;nl ofDcv<:lopcr &nd the City Engineer. lfnot specified. ~omllOnmtS of o1Jl SIred. improvemems ~lil!ible fur fundil1g shall Llldude (i) ping, (u) wet and dry IJliIitia wiThin the rig/ll..of.w.y, (iii) Itarm dr..;n bcWtiel., (iv) p.ving, (v) cur'J, ;jlIltter, sidewalk, mcdi.tns, (vi) traffic signals, (vii) lighting.(viii) and all other appUllC:l1ilot improvements ZI COS!e$tirnatCJ lJC prdia-.inasy anc may be madifiedfrom time to lilllCwith~l;OOSCJIlof~o~md:IleCjry Engineer. ThePurchucPri~aof&n Imp~C"Ilt NJ be buoi on ac;\""l cow S(lllrr.~- n."...'nr>r"' M~(;jJl '.h...i~ <:..I( I"" C:\Oocuments. and Setllng$~niklarz,JOHNO\local Setting.s\Temporary Internet Files\OlKC1\Exhibit A ,=1nal Brl!lakdown lV4) 4-4 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDERS ASSOCIATED WITH CFD 081 AND CFD 131 FOR THE OTA Y RANCH COMPANY FOR THE CONSTRUCTION OF LA MEDIA ROAD AND SANTA LUNA STREET SERVING OTAY RANCH VILLAGES 6 AND 7 WHEREAS. on January 14, 2003, the City Council formed Community Facilities District No. 081 CCFD 081") for the purpose of providing the financing and acquisition of certain authorized public facilities associated with Otay Ranch Village 6; and WHEREAS, on October 25, 2005, the City Council formed Community Facilities District No. 131 ("CFD 131") for the purpose of providing the financing and acquisition of certain authorized public facilities associated with Otay Ranch Village 2; and \VHEREAS, the City entered into Acquisition/Financing Agreements (AF A) for both CFD 081 and CFD 131 with Brookfield Shea Otay, which authorized The Otay Ranch Company to construct La Media Road and Santa Luna Street, to be reimbursed from the project funds; and WHEREAS, The Otay Ranch Company has substantially completed construction of La Media Road and Santa Luna Street; and WHEREAS, erosion control measures were necessary during the construction of La Media Road and Santa Luna Street, thereby necessitating the approval of change orders to the contracts; and WHEREAS, the AF A establishes procedures for the reimbursement of change orders; and WHEREAS, City staff performed an audit of the project to verify the cost of the project and further verified that La Media Road and Santa Luna Street have been completed in accordance with the project plans; and WHEREAS, based on that audit, City staff has determined that the following amounts are eligible for reimbursement from the CFD funds: La Media Road/Santa Luna Street La Media Road to be paid from CFD OSl (TDIF sub account) SI5".063.51 Santa Luna Street to be paid from CFD 13 I (Non- TDIF sub account) $15,210.72 Total $167274.23 4-5 Resolution No. 2008- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves change orders associated with CFD 081 and CFD 131 for The Otay Ranch Company for the construction of La Media Road and Santa Luna Street serving Otay Ranch Villages 6 and 7. Presented by Approved as to form by ". --~. i#... ? /;.! I) j ..' ,. LtrWV/ ']j3art 01. Ie ! ,\"&\ltef City Attorney R.A. Hopkins Director of Engineering 4-6 CITY COUNCIL AGENDA STATEMENT ~ \!f:.. CITY OF ~CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: / 9/09/08, Item ') RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED GR.A1"JTING AN EASEMENT OVER PORTIONS OF CITY OWNED LAND TO REGULO PLACE APARTMENT INVESTORS, LLC FOR MONUMENT SIGNAGE PURPOSES, REVOKING ENCROACHMENT PERcYrIT NO. PE-283, AND AUTHORIZING THE CITY CLERK TO RECORD A . ERTIFIED COPY OF THIS RESOLUTION AS NOTICE OF T REVOCATION DIRECTOR OF ENGIN~~G . CITY MANAGER l~ Y ASSISTANT CITY I~.NAGER s r 4/5THS VOTE: YES 0 NO [g] SUMMARY Regulo Place Apartments Investors LLC are the new owners of the Marbrisas Apartment complex located at the intersection of East "H" Street and Regulo Place. At the time of their purchase the new owners approached the City regarding purchasing easements for their existing monument signs. These signs are currently located on City owned property under an encroachment permit issued in 1990. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 17 categorical exemption pursuant to Section 15317 [Open Space Contracts and Easements] of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 5-1 9/09/08, Item~ Page 2 of2 DISCUSSION Regulo Place Apartments Investors LLC are the new owners of the Marbrisas Apartment complex located at the intersection of East "H" Street and Regula Place. At the time of their purchase, the new owners approached the City regarding purchasing easements for their existing monument signs. These signs are currently located on City owned property under an encroachment permit issued in 1990. The signs are located on either side of Regulo Place on the north side of "H" Street. The sign to the west is located on Lot C of Tract No. 12341 and the sign on the east is situated on Lot D of the same tract. These lots were dedicated to, and accepted by the City on the Map for Open Space, Public Utilities and other public uses in March 1989. The City granted an encroachment permit for the signs in June 1990. Currently, these lots are landscaped and maintained by the apartment complex. Staff has reviewed the owners request and has concluded that while the land in question was designated for open space and other public uses, it is in fact, landscaped and maintained at a very high level by the owners at no City expense. Additionally, the existing signs are consistent with other similar signage placements within the City, serve a valuable purpose and are also maintained at a high level. Given that they have existed under these conditions for 18 years, it is reasonable to revoke the encroachment permit and replace it with permanent easements. Staff, having consulted several appraisers, has determined .that the easements have a nominal value. In exchange for the easements, the owners have offered to pay $500 dollars for each easement as well as reimburse the City $1,500 for staff time to process the necessary documents and take the necessary actions. This is the proposal that Council is being asked to consider here. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT There is a positive impact to the General Fund in the amount of $1 ,000 for the easement deeds. Costs associated with processing the necessary documents will be borne by Regulo Place Apartments Investors LLC. ATTACHMENTS 1. Easement Deed Prepared by: Rick Ryals, Real Property Iv/anager, Engineering Deparrment M :\Engineer\AGEN DA \CAS2008\,09-09-08\Reguloesmt- REV .doc 5-2 Recording Reqllesled by and Please Re/U{71 10: City Clerk City ofChula Vista 276 Fourth Avenue Chula Vista, California 91910 11 " i ~ ~ " " , [i ! A This Space for Recorder's Use Ol/(1' . -------_.._----~-,----_._---_.__._- _._~------------- APN(s) 642-392-14-00 CY File No. Documentary Transfer Tax: EASEMENT DEED FOR MONUMENT SIGN AGE PURPOSES FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged, THE CITY OF CHULA VISTA, a municipal corporation hereby grants to REGULa PLACE APARTMENTS, LLC, a Delaware limited liability company, in the County of San Diego, State of California, an easement for, and the right to construct, reconstruct, maintain, operate, and repair monument signs, including appurtenances thereto, in, on, over, under, and across that certain real property situated in said City of Chula Vista and more particularly described as follows: SEE ATTACHED: EXHIBIT "A" FOR LEGAL DESCRIPTION EXHIBIT "B" FOR PLAT Said easement is for the placement. operation and maintenance of monument signage and appurtenances for the benefit of Regulo Place Apartments only. No other commercial or non- commercial signage or use shall be permitted. Signed this day of ,2008 GRANTOR: THE CITY OF CHULA VISTA a Municipal Corporation BY: Mayor Cheryl Cox 5-3 EXHJBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT D OF MAP NO 12341, IN THE CITY OFCRULA, COUNTY OF SAi'1 DIEGO, STATE OF CALIFORNV\ FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COU)\''TY, INCLUDED WITHIN A STRIP OF LAND 4.00 FEET WIDE, LYING 2.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE CENTERLINE INTERSECTION OF EAST H STREET AND REGULO PLACE AS SHOWN ON MAP NO 12341; THENCE NORTHERLY ALONG THE CENTERLINE OF REGULO PLACE NORTH 34'42'04" WEST, 86.46 FEET; THENCE LEAVING SAID CENTERLINE NORTH 55017'56" EAST, 39.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 82'39'05" EAST 17.69 FEET TO THE POINT OF TERMINUS. ALL AS SHOWN ON EXHillIT "B" ATTACHED HERETO Ai'lD BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION W AS PREPARED BY !vIE OR UNDER MY DIRECTION: 11)) l?d~lFlt DK NASL."'-.ND PLS 5562 DATE MY LICENSE RENEWS 9-30-2009 Page 1 of 1 5-4 \ W N 55017'56" E V 15.00' IS \~ \<3 ~~ (FOB 6, N55017'56"E 39.4..!- ~,,>/..o() --- - - - 'l"K',(' 'I' ,>, \ ';<::::~ -.,.0 00 C:-..a ",,", o '" ""' Vl EXHIBIT "B" PROPERTY DESCRiPTiON: LOT 0 OF MAP NO. 12341, IN THE CITY OF CHULA VISTA, COUNTY OF SAN OIEGO, STA TE OF CALIFORNIA, AS SHOWN PER MAP ON FILE IN RECORDS OF SAID COUNTY. .... 'V""""-. <90~~ 07_. .". s ~J::---" c;>. \ <-'" - \ i\ ~\ '" .,. ~\ "\ 582039'05"[ 17.69' LOT5 MAP 12341 '- , L=138.36'- '25" R-3917.50 - - 6=02':91 - - - "'- LOTD EAST'H'STREET \ \~P08 c_ " BASiS OF BEARiNCS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CENTERLINE OF REGULO PLACE PER MAP NO. 12341, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY I.E. N 34042'04" W Joe NO. 107-202.1 ~ NASLAND ENGINEERING CIVIL ENGINEERING . SUR'/EYIHG. l.AND ?LAl\HING H4(} R\lrll1e~ Slreu\. SUr1 Di~I;". ClI.lifornill.. nl1l .05a-zS/!-mo LECEND: TPOS POS TRUE POINT OF BEGINNING POINT OF BEGINNING REV. DA ~ 10 18 2007 ViCINiTY AdAP NO SCALE 5-5 o 0J II - - W -1 <( (,) (f) rro IM . EXHIBIT "A" LEGAL DESClUPTION THAT PORTION OF LOT C OF MAP NO 12341, IN THE cm- OF CHULA, COUNTY OF SA1~ DIEGO, ST ATE OF CALlFORNLA. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LA."1D 4.00 FEET WIDE, LYING 2.00 FEET EACH SIDE OF THE FOLLmVING DESCRIBED LINE: BEGIJ\TNING AT THE CENTERLINE INTERSECTION OF EAST H STREET AND REGULO PLACE AS SHOWN ON MAP NO 12341; THENCE NORTHERLY ALONG THE CENTERLIJ\'E OF REGULO PLACE NORTH 34'42'04" ,VEST, 85.69 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 55' 17'56" WEST, 40.27 FEET TO THE TRUE POINi OF BEGINl\'ll'lG; THENCE SOUTH 11']8'21" WEST 17.71 FEET TO THE POINT OF TERMINUS. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF. THIS DESCRIPTION W AS PREPARED BY 1'vffi OR 1J'N"DER MY DIRECTION: ~Q)IRt~LF1 ;-,.", .'"," DK NASLAND PLS 5562 DATE MY LICENSE REl'tEWS 9-30-2009 Page 1 of I 5-6 EXHiBIT "B" PROPERTY lJESCRIPTION LOT C OF MAP NO, 12341, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA. AS SHOWN PER MAP ON FILE IN RECORDS OF SAID COUNTY. \\'5 \<:::( \~ j\@ '0:: TPOB , S55017'56"W 4Q,2!- ,------ I "> \ '- ,r/ ' ,,-V'lV' ,,/ ,( ....,//.)<. "il' 1/ -2 'o~ y 'o~ N 55017'56" E 15.00' ""0 "'0 C'\le:) ;;'" "" "' V) / ~~,!'\ ."., , " .';,i> L=OolO 39 '\ R=3917.50' y;' 4' /" L=12.1 '" ~ S~1018'21"W, _ - - 8'2-" 17.71 _Ll=0605 ~ R=2565.50' L=312.25' LOT2 MAP 12341 \ <Y . \ ~\ "" , .... p '" -;;-\ ..,- '\ LOTe EAST 'H' STREET LECENlJ: TPOS pos TRUE POINT OF BEGINNING POINT OF BEGINNING -if.: BASIS OF BEARINCS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CENTERLINE OF REGULO PLACE PER MAP NO. 12347, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY I.E. N 34042'04" W JOB NO. 107-202.1 VICINITY MAP NO SCALE ~ NASLAND ENGINEERING CiVIL ENGlNE!::R1NG . SURVEYlNC. L\ND PLANNING 4740 n\lflller Slreet. Sail Die;:e, ClIHfornill_ 92tH _aeS-2S2-7770 REV. DATE 10 18 2007 5-7 o N II W -.J <{ U IJJ WI \ vPOB 1m RESOLUTION 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MA YOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT OVER PORTIONS OF CITY OWNED LAND TO REGULO PLACE APARTMENT INVESTORS, LLC FOR MONUMENT SIGNAGE PURPOSES, REVOKING ENCROACHMENT PERMIT NO. PE- 283. AND AUTHORIZING THE CITY CLERK TO RECORD A CERTlFIED COpy OF THIS RESOLUTION AS NOTICE OF THE REVOCA TION WHEREAS, the City of Chula Vista is the owner of Lots C and D of Tract No. 12341 recorded March 28. 1989 as File No. 89-156320 in the Office of the County or' San Diego. State or' Calirarnia; and WHEREAS. these parcels are landscaped and maintained by the owners of the adjacent apartment complex, Marbrisas Apartments: and WHEREAS. pursuant to Encroachmel1t Permit No. PE-283, recorded ./une 22. 1990 as File Page No. 90-339503, there is one monument sign on each of the above described parcels: and WHEREAS. the owners of the Marbrisas Apal1ments. Regulo Place Apartments Investors. LLC. have requested a permanent easement to replace the Encroachment Penl1it and have olTered to purchase an easement from the City. NOW THEREFORE, BE IT RESOL VED. by the City Council of the City ofChula Vista as follows: I. That it authorizes the Mayor and City Clerk to execute an easement deed granting an easement over portions of City-owned land to Regulo Place Apartmel1t Investors. LLC rar monument signage purposes. 2. That it revokes Encroachment Penl1it No. PE-283. recorded fune 22, 1990 as File Page No. 90-339503 and authorizes the City Clerk to record a certified copy ot' this Resolution as notice ot' the revocation. 5-8 Presented by R. A Hopkins Director of Engineering 5-9 Approved as to fom1 by -/!tJ"=,o, /2 A~L--'7~ '0,-, Bart Miesfeld J Interim City Attomey CITY COUNCIL AGENDA STATEMENT ~ ('f:. ClIT OF ~ CHULA VISTA 09/09/2008 Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF RAt'\lCHO DEL REY PARKWAY BETWEEN TERRA NOVA DRIVE AND DEL REY BOULEVARD FOR THE 29TH ANNlJAL ORANGE CRATE DERBY FROM 6:00 A.M. ON SATURDAY, SEPTEMBER 13, 2008 UNTIL 6:00 P.M. ON Sli"NTIAY, SEPTEMBER 14, 2008 AND APPROVING A.N AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA VALLEY LIONS CLUB FOR THE DERBY CHIEF OF POLIC~jJ ~_ CITY MANAGER pv - \.../ J 4/5THS VOTE: YES NO X SUBMITTED BY: REVIEWED BY: SUMMARY The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting permission for temporary street closure on Rancho Del Rey Parkway on September l3th and 14th, 2008 to conduct their 29th Annual Orange Crate Derby. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMlVlENDATION That Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Bonita Orange Crate Derby Committee (sponsor) is requesting permission to conduct the 29th Annual Orange Crate Derby on Saturday and Sunday, September 13th and 14th, 2008. The 6-1 09i09/2008, Item_b event would be conducted on the west section of Rancho Del Rey Parkway, between Terra Nova Drive to the north, and Del Rey Boulevard to the south, Both Terra Nova Drive and Del Rey Boulevard, as well as all other sections of Rancho Del Rey Parkway, would remain open to traffic at all times, Diagrams ofthe event are attached (Attachment "A''), This is a two day event with the street closed to all traffic from 6:00 AM Saturday, until 6:00 PM Sunday, The sponsor expects that approximately 150-200 youngsters, ages 7 to 13 years old, "driving" 75 separate derby cars, would be involved in the double elimination competition during the two day event The derby cars are built by families, according to specifications provided by the sponsoL Each car is equipped with a steering wheel (steering capacity is limited to avoid "over-steering" by young drivers) and a friction-drag braking device, Each car is inspected to verify that safety equipment is in working order, and drivers are required to wear helmets, long pants, and sturdy shoes, The race course is approximately 1,000 feet in length, with no curves or turns, The entire course is separated with traffic safety cones, The use of cones serves two purposes; they delineate lanes, and also act as brakes if derby cars accidentally run over them, The run-out area below the finish line is also lined with traffic cones, Only two derby cars are permitted on the course at any one time, Spectator areas are designated and separated from the course by flag lines, The sponsor would be required to provide insurance, portable toilets, appropriate trash containers and trash control, necessary traffic barricades, cones, and directional signs, and overnight security (most cars will remain at the event site overnight), The event has been conducted in the Rancho Del Rey area for the past thirteen years, No , significant problems with this event have been noted, The event would have very little impact on residents in the area, since all residential areas are fully accessible by alternate streets, and there are no homes on the race route, Approval of the request will be subject to the conditions listed in Attachment "B", DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action, FISCAL IMP ACT There is no fiscal impact to the City, The event sponsors will be responsible for all event costs, Any services provided by the City before, during, or after the event will be fully reimbursed by the sponsoL ATTACHMENTS "A" - General Site Plan "B" - Agreement Prepared by: Edward Chew, Administrative Services Manager, Police Department 6-2 09/09/2008. Item~ ATTACHl\1ENT "A" General Site Plan Orange Crate Derby 6-3 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM, BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL I;, ;7 '1 j7 -<cL \.--(J::L~ !e /lA_~c\ - ~: Bart C. Miesfeld ' Interim City Attorney Dated: cr/3/c/i I I Agreement between the City of Chula Vista and Bonita Valley Lions Club for 29th Annual Orange Craty Derby 6-4 J4b.dil)lQDf' J3/1 AGREEMENT Between the CITY OF CHULA VISTA, a California municipal corporation and BONIT A VALLEY LIONS CLUB for 29 TH ANNUAL ORANGE CRi\ TE DERBY Recitals A. The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club will conduct its 29th Annual Orange Crate Derby on Saturday, September 13 and Sunday, September 14, 2008. B. The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club wishes to close Rancho Del Rey Parkway between Terra Nova Drive and Del Rey Boulevard for this Special Event. Agreement 1. Bonita Valley Lions Club's Duties Bonita Valley Lions Club shall perform each of the duties described in Attachment A, attached to this Agreement and incorporated into this Agreement by this reference. 2. Term This Agreement is effective upon the execution of the Mayor and expires on September 15, 2008. 3. Termination of Agreement 'If Bonita Valley Lions Club fails to fulfill, in a timely and proper manner, any of Bonita Valley Lions Club s obligations or duties under this Agreement, or if Bonita Valley Lions Club violates any of the covenants, agreements or stipulations of this Agreement, City has the right to terminate this Agreement by giving at least one (I) day written notice to Bonita Valley Lions Club of the termination before the effective date of the tenmnation. 1 6-5 4. Assignability Bonita Valley Lions Club shall not assign or transfer any interest in this Agreement without prior written consent of City. 5. Independent Contractor .Bonita Valley Lions Club and any of the Bonita Valley Lions Club's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees 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. 6. Insurance Bonita Valley Lions Club represents that it and its staff and agents employed by it in connection with the Special Event are protected against the risk of loss by the insurance coverage outlined in Attachment A, Duties of Bonita Valley Lions Club, including naming the City, it officials, officers, agents, employees and volunteers as additional insured. 7. Hold Harmless Bonita Valley Lions Club agrees to defend, indeninify and hold harmless the City, its elected and appointed officials, officers, agents and employees pursuant to the Group/Organization Waiver and Release of Liability executed by Bonita Valley Lions Club. 8. Notices All notices to be given pursuant to this Agreement must be in writing. All notices 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 in this Agreement as the places of business for each of the parties. 9. Entire Agreement/Amendments This Agreement, together with Attachment A, the Group/Organization Waiver and Release of Liability, and any other written document referred to or contemplated in this Agreement embody the entire Agreement and understanding between the parties. Neither this Agreement nor any attachment or provision may be amended or moditied except in writing executed by each party to the Agreement. ? 6':6 10. Full Cost Recovery Bonita Valley Lions Club shall reimburse the City for all costs incurred by the City before, during, and after the Special Event. 11. Capacity of Parties Each signatory and party to this Agreement 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. Dated: City ofChula Vista By: Cheryl Cox Mayor Attest: Donna Norris, CMC Interim City Clerk Approved as to form: Bart Miesfeld Interim City Attorney Dated: CY /J / N ,/ / Bonita Valley Lions Club By:~ /~ Alton Hooper Chairman - Orange Crate Derby 3 6-7 ATTACHMENT "A" TO AGREEMENT Between the CITYOF CHULA VISTA, a California municipal corporation and BONITA VALLEY LIONS CLUB for 29TH A.l\!0.TUAL ORA,l~GE CRA.TE DERBY The Bonita Valley Lions Club's shall perform the following to the satisfaction of the Chief of Police: I. Submit proof of insurance in the form of a Certificate of Insurance for $1 million Commercial General Liability insurance, or equivalent form, with a policy endorsement naming the City as additional insured, making their insurance primary with respect to the City's insurance and providing notification of cancellation. 2. Provide, at its own expense, all necessary supplies and services required to safely conduct the event, including portable toilets, trash receptacles, trash control, crowd control, traffic control and traffic control equipment, signs and security, including overnight security. 3. Provide a fully refundable $250 cleaning/dam~ge deposit. 4. Post applicable street closure signs and directional signs at least 48 hours In advance of the event. 5. Ensure that all participants, or their legal guardians, sign liability waivers approved by the City Attorney as to form. These waivers must indicate that the Bonita Valley Lions Club will indemnity and hold the City of Chula Vista harmless for any injury or loss of any kind in connection with the event. 6. Provide adequate supervision of event spectators and participants to prevent damage to City property and landscaping. 7. Provide adequate and sufficient street barricades and supervision to insure that no vehicles are permitted into the event area throughout the duration of the event, including the overnight period. 8. Notify area residents, in writing, that the event is being held 48 hours prior to the event. 6:!.g RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF RANCHO DEL REY PARKWAY BETWEEN TERRA NOVA DRIVE AND DEL REY BOULEVARD FOR THE 29111 ANNUAL ORANGE CRATE DERBY FROM 6:00 A.M. ON SA TURDA Y. SEPTEMBER 13. 2008 UNTIL 600 PM ON SUNDAY. SEPTEMBER 14, 2008 AL'ID APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BONITA VALLEY LfONS CLUB FOR THE DERBY WHEREAS, the Bonita Orange Crate Derby Commlttee of the Bonita Valley Lions Club has requested the closure of Rancho Del Rey Parkway between Terra Nova Drive and Del Rey Boulevard for the 29[h Annual Orange Crate Derby from 6:00 a.m. on Saturday. September 13.2008 until 6:00 p.m. on Sunday. September 14,2008; and WH EREAS. the Bunita Valley Lions Club and the City of Chula Vista seek to enter into an agreement for the Orange Crate Derby; and WHEREAS. this agreement provides the City with indemnilication far claims arising li'om the Orange Crate Derby and outlines Bonita Vallev Lions Club's Insurance requirements and its duties govell1ing the operation of the Derby: and WHEREAS, the Bonita Valley Lions Club will reimburse the City lar all costs it incurs lor services betore, during. and after the Orange Crate Derby. NOW. TH EREFORE. BE IT RESOL VED by the City Council of the City of Chula Vista ciS follows: I That it approves the closure of Rancho Del Rey Parkway between Temt Nova Drive and Del Rey Boulevard for the 29[h Annual Orange Crate Derby from 6:00 a.m. on Saturday. September \3, 2008 until 6:00 p.m on Sunday, September 14. 2008. 2. That it approves an Agreement between the City and Bonita Valley Lions Club tor the Derby. Presented by: Approved as to [ann by: [~t~~_ Ban Miesfeld lnterim City Attorney /]/ /l ..../.. CC~~"= "A:. r=-- Richard P. Emerson Police Chief 6-9 CITY COUNCIL AGENDA STATEMENT ~ CITY OF -~ (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: .-,' 09/09/08, Item-,-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADOPTION OF THE 2006 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION "GREENBOOK", 2006 REGIONAL SUPPLEMENT A.~1) THE 2006 OlliLA VISTA STANDARD SPECIAL PROVISIONS. DIRECTOR OF PUBLIC WORKS0 DIRECTOR OF ENGINE, EUING/CITY ENGINEER CITY MANAGER U~\\\J ASSIST ANT CITY N~G R c;r' 4/STHS VOTE: YES 0 NO cg] SUMMARY In 2006, the "Standard Specifications for Public Works Construction", conunonly known as the "Greenbook" was revised to reflect changes in teclmologies, specifications, and performance tests for the construction industry. Staff has revised the City Of Chula Vista Standard Special Provisions to reflect changes made in the 2006 Greenbook as well as to add specifications needed specifically for our City's constmction needs. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act CEQA and has determined that the activity is not a Project as defined under Section 15378 of the State CEQA Guidelines therefore pursuant to Section 15060 c 3 of the State CEQA Guidelines the activity is not subject to CEQA review. Although environmental review is not necessary at this time environmental review will be required prior to the approval individual projects. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 7-1 09/09/08, Item~ Page 2 of 3 DISCUSSION "Greenbook" and Regional Supplement Amendments Every three years, the "Standard Specifications for Public Works Construction", also known as the "Greenbook", is revised by Public Works Standards, Inc., an organization comprised of public works and construction organizations. The Current "Greenbook", which was published in 2006, contains revisions that reflect changes in technology, specifications and performance tests used in the construction industry. The most recent edition adopted by the City is the 2000 edition. The City's Public Works and Engineering Departments decided not to adopt the 2003 Greenbook because of changes to that edition that was not consistent with the City's construction standards and public safety policies. At the same time the "Greenbook" is updated, the San Diego Regional Standards Committee, which is made up of local agencies and members of the construction industry, reviews the proposed "Greenbook" arid prepares Regional Supplement Amendments. The 2006 "Regional Supplement Amendments" to the "Greenbook" have been approved and adopted by the San Diego Regional Standards Committee. Chula Vista Standard Special Provisions It is also standard for the City to consider changes to the design and construction requirements pertaining solely to projects within the City of Chula Vista. The Chula Vista Standard Special Provisions (dated August 2008) have been revised to reflect grammatical changes needed to match the 2006 "Greenbook" as well as adding and/or modifying two sections pertaining to our City's specific needs. The two sections that were revised 'deal with; I) Steel Plate Bridging and, 2) Adjustment of Manhole Covers. A new section (7-10.3.2, Traffic Plate Bridging) was added for steel plate bridging of trenches located within the public right-of-way. Two methods were developed for covering open trenches in streets when a contractor, utility company or City crew is not able to complete the work and backfill the trench before the end of the working day. One method is for streets where posted speeds are 45 miles per hour or greater and the other is for speeds of 40 miles per hour or less. This new standard is more stringent than the one for steel plate bridging in the "Greenbook" and will provide for safer vehicular travel over the steel plates. Section 302-5.8, Manholes (and other structures), was amended to reflect better methods for adjusting manhole covers to finished grade during street paving operations. The draft Chula Vista Special Provisions was circulated to the Building Industry Association (BlA), major developers and private engineering firms in the area for informal review and comment. This was not a requirement for adopting new special provisions to the Greenbook, but staff believed that it was important to include the City's major stakeholders in the update ofthis document. No comments were received. 7-2 09/09/08, Item---'=L Page 3 of 3 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2( a)(1) is not applicable to this decision. FISCAL IMP ACT The adoption of these updated documents will have no fiscal impact other that the costs for purchasing and printing. These costs are included in the Public Works Department operating budget as a routine item. Prepared by: Silvester Evetovich, Principal Civil Engineer, Public Works Department H:\Agenda ftems\09-09-08 2006 GB Update.doc 7-3 Resolution 2008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADOPTION OF THE 2006 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ("GREENBOOK"), THE 2006 GREENBOOK REGIONAL SUPPLEMENTS AND THE 2006 CHULA VISTA STANDARD SPEGAL PROVISIONS. WHEREAS, in 2006, the "Standard Specifications for Public Works Construction" commonly known as the "Green book" and the Greenbook Regional Supplements were revised to reflect changes in technologies, specifications, and performance tests for the construction industry; and WHEREAS, Engineering and Public Works staff has also revised the City Of Chula Vista Standard Special Provisions. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the following construction standards for the City Of Chula Vista: 1. Standard Specifications for Public Works Construction - 2006 Edition "Greenbook". 2. 2006 Regional Supplement Amendments to Standard Specifications for Public Works Construction (Greenbook Regional Supplements). 3. City OfChula Vista Standard Special Provisions - dated August 2008. Presented by Approved as to form by '.-!~a .~~ h'- Bart Miesfeld (' ' Interim City Attorney Jack Griffin Director of Public Works 7-4 CITY COUNCIL AGENDA STATEMENT ~(f~ CITYOF d~ (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 09/09/08, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING LANDSCAPE MAINTENANCE CONTRACTS TO AZTEC LANDSCAPING IN THE AMOUNT OF $16,000 FOR THE LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRiCT 3 AND TO RC'S LANDSCAPE IN THE AMOUNT OF $53,310 FOR THE LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRiCT II FOR THE PERiOD OF AUGUST 1,2008 THROUGH JUNE 30, 2009, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE CONTRA.CTS FOR FOUR ADDITIONAL ONE YEAR PERiODS DIRECTOR OF PUB~IC V RKS ~ CITY MANAGER ASSISTAt'\JT CITY . 'AGER 'SJ 4/5THS VOTE: YES NO X SUMMARY The current landscape maintenance contractor for Open Space District 3 and Open Space District II is in default of their landscape maintenance contract. As a result, the second lowest bidders are being awarded the landscape maintenance contracts for these Open Space areas, ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt this resolution. 8-1 09/09/2008, Item~ Page20f2 BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION On July 2, 2008, Brewer Landscape notified Open Space staff that they would be unable to continue to provide landscape maintenance services in Open Space Districts (OSD) 3 and II. As a result, staff contacted the lowest bidders from the last bid process that was submitted in July of2005 for these two districts. Both contractors, Aztec Landscaping and RC's Landscape, have agreed to honor their original bids with corresponding CPIW Increases. Aztec Landscaping, the low bidder for OSD 3, is currently providing satisfactory landscape maintenance in OSD's 1,8,9, and 20 Zones 5 & 6. RC's Landscape, the low bidder for OSD II, is currently providing satisfactory landscape maintenance for Open Space Districts I and 4. A summary of the contracts are provided below: Summary of Contracts Contractor Aztec Landsca ing RC's Landsca e ' FY09 Contract Amount 516,000 553,310 Original bid submittals are available in the Purchasing Agent's office. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Mayor Cox has property holdings within 500 feet of the boundaries of the property, which is the subject ofthis action. FISCAL IMPACT: There is no direct fiscal impact to the General Fund from approving this resolution in that funds expended for this contract are maintained within existing Special Tax Assessment District budgets. Purchase orders will be issued as authorized departmental requests are received. Prepared by: Paul Sirois, Open Space lv/anager, Public Works Department H: IAgenda Items\09-09-08 Landscape l\Ifaintenance (Paul S).doc 8-2 ~ RESOLUTrON NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA, VISTA AWARDING LANDSCAPE MAINTENANCE CONTRACTS TO AZTEC LANDSCAPING IN THE AMOUNT OF $ I 6.000 FOR TH E LANDSCAPE l\llAINTENANCE OF OPEN SPACE DISTRICT 3 AND TO RCS LANDSCAPE IN TH E AMOUNT OF $53.310 FOR THE LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT II FOR THE PERIOD OF AUGUST I, 200S THROUGH JUNE 30, 2009. AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE CONTRACTS FOR FOUR ADDITfONAL ONE '{EAR PERIODS WHEREf\S. in 2005. City staff conducted a bid process 1'01' landscape maintenance ['or its opens space districts; and WHEREAS, contracts were awarded to several landscape maintenance contractors including Brewer Landscape. Aztec Landscaping and RCs Landscape; and WHEREAS, Brewer Landscape was awarded the contract to pert'ot111 landscape m:lilllenance for Open Space District 3 and Open Space District I I. as well as other districts; and WHERL\S, on July 2. 200S. Brewer Landscape infotl11ed Open Space staff thelt it is ullahle continue to provide landscape maintenance for Open Space District 3 and Open Space District I I; and WHEREAS. Open Space staff contacted Aztec Landscaping, the second lowest hidder ['or Open Space District 3. ancl RCs I_andscape. the second lowest bicleIer lor Open Space Dislrict I I. from the 2005 bid process; and WHEREAS. both Aztec Lanclscaping and RCs Landscape have agreed to honor their original hids with correspondll1g Consumer Price Index increases; and WHEREAS. Aztec Landscaping is currently providing satisLlCtory landscape mailltenance in Open Space Districts 1. S. 9, and 20 ZOlles 5 & 6; and WHEREAS. RCs I~andscape is currently providing satisfactorv landscape maintenance lor Open Space Districts I and 4. 8-3 Resolution No. 2008. Page 2 NOW. THEREFORE BE IT RESOL VED by the City Council of the City of Chula Vista as [ollows: 1. That it awards landscape maintenance contracts to Aztec Landscaping in the amount of $16,000 lix the landscape maintenance ot' Open Space District 3 and to RC's Landscape in the amount of $53,310 lor the landscape maintenance of Open Space District II [or the period of August 1,2008 through June 30, 2009, 2. That it authorizes the Purchasing Agent to renew the contracts tor four additional one-year periods. Presented by: Approved as to fom1 by: Jack Gri t'fin Director of Public Works ;!t~~_. /U'-~~ Bart C. Miesfeld Interim City Attorney :IT"--- c I ,\""""'-' FI.\;'\I.I~E.q)_\ :("'~ "<,,,"4,:, ,\,'~<:;",d R(' 1.,,,,,1'<:"1""<': ,j,.<: 8-4 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~ ('f:. Clll' OF -~ (HULA VISTA SEPTEMBER 9,2008, Item '1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RECEIPT OF $7,100 IN DONATIONS FROM THE FRIENDS OF CHULA VISTA PARKS AND RECREATION AND AMENDING THE FISCAL YEAR 2009 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $7,100 IN UNAt"lTICIPATED REVENUE FROM THE DONATI~M ~ /' k DIRECTOR OF RECREA~I N & NATURE CENTER ~ 0V'" CITY MANAGER J ~ 1./ O(j ASSIST ANT CITY ~ . '7 J 4/STHS VOTE: YES 0 NO D S UlVIMARY The Recreation Department has received a donation of $7,100 from the Friends of Chula Vista Parks and Recreation, specifically designated to offset costs of the Department's eight- week, summer Fun, Fit and Free Days for youth. The Fun, Fit & Free Days program, a series of fitness-related activities held one or more times per week at nine recreation facilities, was implemented in July 2008 in response to local economic pressures affecting the Chula Vista community and the critical, societal need for increased emphasis on health and wellness programs. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION - Council adopts the Resolution. 9-1 SEPTEMBER 9,2008, Item_ Page 2 of2 BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION As part of the City's Budget Reduction Plan approved by City Council on December 4, 2007, funding for operations at the various city recreation centers was significantly reduced, thereby severely impacting the Recreation Department's ability to offer free, drop-in, fitness related programming. Funding was solicited for the implementation of Fun, Fit & Free Days, a series of fitness-related activities held one or more times per week at nine recreation facilities (Parkway Community Center, Parkway Family Aquaiic Center, Lorna Verde Recreation Center, Lorna Verde Family Aquatic Center, Otay Recreation Center, Heritage Recreation Center, Veterans Recreation Center, Salt Creek Recreation Center and Montevalle Recreation Center), offering children ages 6-14 instruction and participation in a variety of aerobic activities including soccer, basketball, track and field sports, water polo, and hip hop dance classes. The individual components and hours of the program vary by recreation facility and a minimum of one center per weekday (Monday-Friday) and on several days, two or more, offer the program so that participants may attend free activities each day by taking advantage of multiple centers and offerings. Fun, Fit & Free Days is combined with the free Summer Food Lunch Program (SFLP), which offers nutritious lunches and snacks to children ages 18 and younger. The SFLP is offered at Lorna Verde, Otay and Parkway Centers in cooperation with the USDA Healthy F'!llilies Program, the Chula Vista Elementary School District and the City of Chula Vista. A $7,100 donation from the Friends of Chula Vista Parks & Recreation was received on July 18, 2008. The donation will cover supplies and services and wages and benefits for staff to supervise Fun, Fit & Free Days activities for the eight weeks of summer. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict. exists, in that Council member Steve Castaneda has property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMPACT There is no net impact to the General Fund. The $7, I 00 in donated funds needs to be appropriated to the Recreation Department budget to offset the cost of personnel, supplies and services associated with the program. ATTACHMENTS - None Prepared by: Brian Cox, Principal Recreation lvfanager, Recreation Department 9-2 RESOLUTION NO. 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RECEIPT OF $7,100 IN DONATION FROM THE FRIENDS OF CHULA VISTA PARKS A.!'JD RECREATION AND A.MENDING THE FISCAL YEAR 2009 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $7,100 IN UNANTICIPATED REVENUE FROM THE DONATION WHEREAS, the Recreation Department has received a donation of $7, I 00 trom the Friends of Parks and Recreation, specifically designated to offset costs of the Department's eight-week, summer Fun, Fit and Free Days for youth; and WHEREAS, the Fun, Fit & Free Days program, a series of fitness-related activities held one or more times per week at nine recreation facilities, was implemented in July 2008 in response to local economic pressures affecting the Chula Vista community and the critical, societal need for increased emphasis on health and wellness programs; and WHEREAS, as part of the City's Budget Reduction Plan approved by City Council on December 4, 2007, funding for operations at the various city recreation centers was significantly reduced, thereby severely impacting the Recreation Department's ability to offer free, drop-in, fitness related programming; and WHEREAS, tunding was solicited for the implementation of Fun, Fit & Free Days, a series of fitness-related activities held one or more times per week at nine recreation facilities (Parkway Community Center, Parkway Family Aquatic Center, Lorna Verde Recreation Center, Lorna Verde Family Aquatic Center, Otay Recreation Center, Heritage Recreation Center, Veterans Recreation Center, Salt Creek Recreation Center and Montevalle Recreation Center), offering children ages 6-14 instruction and participation in a variety of aerobic activities including soccer, basketball, track and field sports, water polo, and hip hop dance classes; and WHEREAS, a $7,100 donation trom the Friends of Parks & Recreation was received on July 18,2008; and WHEREAS, the donation will cover supplies and services and wages and benefits for staff to supervise Fun, Fit & Free Days activities for the eight weeks of summer. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approves receipt of $7, I 00 in donation trom the Friends of Chula Vista parks and Recreation. 9-3 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2009 Recreation Department Budget by appropriating $7,100 in unanticipated revenue from the donation. Presented by Approved as to form by Buck Martin Recreation Director 9-4 ., -".i' " CITY COUNCIL AGENDA STATEMENT ~\~ CITY OF ~CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: SEPTEMBER 9, 2008, Item /0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LICENSE AGREEMENT WITH THE SAN DIEGO JUNIOR THEATRE FOR USE OF THE CRAFT ROOM OF THE PARKWAY COMMUNITY CENTER AND THE CHULA VISTA WOMEN'S CLUB FOR CONDUCTING CHILDREN'S THEA TER CLASSES AND CAMPS FROM SEPTEMBER 9, 2008 UNTIL SEPTEMBER 9, 2009 AND AUTHORIZING THE DIRECTOR OF RECREATION TO APPROVE TWO ONE-YEAR EXTENSIONS OF THE TERM OF /Jr THE LICENSE AGREEMENT UNTIL SEPTEMBER 9, 2011. ~ . (l ASSISTANT DIRECTOR REDEVELOPMENT & HOUSING / DIRECTOR OF RECREATIO~l~~ CITY MANAGER ~\!I 415TffS VOTE, YES n NO 0 SUMMARY The San Diego Junior Theatre (SDH) has provided perfonning aJ.1S classes and camps in Chula Vista since 2002. For nearly a year, City staff has been working to identify possible facilities that could accommodate the classes, CaITIpS and performances that the SDJT provides. In exchange for use of certain City facilities, the SDn will pay the City 25% of gross revenue earned from registration fees and ticket sales for all Chula Vista classes and CaITIps. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activiry for compliance with the California Environmental Quality Act (CEQA) and has determined that the activiry is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment: therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Adopt the resolution. Not Applicable. BOARDS/COMMISSION RECOMMENDATION. 10-1 SEPTEMBER 9, 2008, Item~ Page 2 of 3 DISCUSSION San Diego Junior Theatre originally be*an as a community program of the San Diego Old Globe Theatre and recently celebrated its 60' season. Today, the SDJT is an independent nonprofit organization that provides the oldest continuing children's theatre program in the country. The SDJT's primary location is in Balboa Park with services also provided at the YMCA in La Jolla. Since October of 2002 the SDJT has served thousands of South Bay children at their Chula Vista location through more than 200 classes and 50 summer and holiday camps, and they have performed more than 20 productions. F or the last six years the SDJT has been offering classes at a location on Third A venue in downtown Chula Vista, however, nearly one year ago, they approached the City about a possible partnership to provide a new location for their program. City staff has been working with the SDJT to identify possible locations for both classes and performances. The City's Recreation Department has identified available space at the Chula Vista Women's Club and Parkway Community Center for classes and camps. The proposed use of these facilities is further described below: Dav Time Facility Mondays 2:30-6:00 pm CV Women's Club Tuesda ys 2:30-6:00 pm Parkway Community Center Wednesdays 2:30-6:00 pm CV Women's Club Th ursda ys 2:30-6:00 pm CV Women's Club Fridays /:30-6:00 pm Parkway Community Center , In exchange for use of City facilities, the SDJT will pay the City 25% of the gross revenue eamed from the registration fees for classes and camps in Chula Vista. Based upon an average of the last four years of SDJT's revenue and expenses, it is estimated that the City's Recreation Department will receive approximately $ I 3,000 annually for use of its facilities. This partnership is mutually beneficial as it provides support for the SDJT to continue to provide instruction in theatre arts for school-aged children utilizing existing City facilities while generating revenue for the Recreation Department. This arrangement is identical to that of the SDJT and the La Jolla Branch of the YMCA and is predicated upon the concept that the better attended the SDJT programs are the better the City does. The City has not identified space for performances however staff is continuing to work with the SDJT to identify possible locations. Should city facilities become available for perfom1ances, and the City agrees to allow this use, the SDJT would provide payment to the City at a rate of 25% of gross ticket sales with a minimum annual payment of two thousand five hundred dollars ($2,500). Based upon an average of the last four years revenue, the City would potentially generate an additional $4,500 annually through performances. The Revenue Sharing Agreement shall be for a twelve-month period beginning September 9, 2008. Staff is requesting that the Director of Recreation be authorized to enter into two one-year extensions for a term ending September 9, 20 II. 10-2 SEPTEMBER 9, 2008, Item~ Page 3 of 3 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Councilmember Castaneda has property holdings within 500 feet of the Parkway Community Center and the Chula Vista Women's Club, which are the subject of this action. FISCAL IMPACT The approval of this agreement will result in increased revenue of approximately $13 ,000 annually to the City through the license agreement with the SDJT. There may be a minimal tiscal impact to implement a regular cleaning schedule by custodial staff for maintenance of the Parkway Community Center and the Chula Vista Women's Club. ATTACHMENT 1. License Agreement Prepared by: Diem Do, Senior Project Coordinator, Redevelopment Agency and Housing Au~hority 10-3 RESOLUT10N NO. :2008- RESOLUTION OF THE crTY COUNCfL OF THE CITY OF CHULA V1STA APPROVING THE LICENSE AGREEMENT WLTH THE SAN DIEGO JUNIOR THEATRE FOR USE OF THE CRAFT ROOM OF THE PARKWAY COMMUNfTY CENTER AND THE CHULA VISTA WOMEN'S CLUB FOR CONDUCTfNG CHILDREN'S THEATER CLASSES i\ND CAMPS FROM SEPTEMBER 9, 2008 UNTlL' SEPTEMBER 9, 2009 AND AUTHOR1ZfNG THE DfRECTOR OF RECREATfON TO APPROVE TWO ONE-YEAR EXTENSIONS OF THE TERM OF THE LICENSE AGREEMENT UNTlL SEPTEMBER 9, 201 I. WHEREAS, the City of Chula Vista supports theater arts in the South Bay; and WHEREAS, San Diego Junior Theatre has provided children's theater education and productions in Chula Vista since 2002; and WHEREAS, the San Diego Junior Theatre wishes to relocate its classroom and performance space in Chula Vista; and WHEREAS, the City has identified the Craft Room at the Parkway Community Center at 373 Park Way and the Chula Vista Women's Club at 357 G Street as locations where classes and camps may be conducted; ai1d WHEREAS, pursuant to the License Agreement, the San Diego Junior Theatre will pay the City twenty-five percent (25%) of the gross revenue earned from enrollment fees from its classes and camps held in these City-ownecll~\cilities; and WHEREAS, the License Agreement is for a one year tenTI beginning September 9,2008, and ending on September 9,2009, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: I. That it approves the License Agreement with the San Diego Junior Theatre for use of the Craft Room of the Parkway Community Center and the Chula Vista \'lomen's Club for conducting children's theater classes and camps tl'om September 9,2008 LLntll September 9,2009. 10-4 2. Thm it authorizes the Director of Recreation to approve two one-year extensions of the term of the License Agreement until September 9.20 ll. Presented by Approved as to form by Eric Crockett Assistant Director of Redevelopment Agency and Housing Authority i~;"--,. ()Lv~ ~ Bali Miesfeld . (! . - Interim City Attornev J:\i-\lli1rney\FINAL RESOS\2()():)\()() (JlJ U:;;\JI' Th~:Jler Resnlut:t111.dlll.: 10-5 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ;':L ~ '. '. ':'1 - I' ',..-c-:~~ I- \ ~~~ 1<-'/,- Bart C. Miesfeld (j Interim City Attorney Dated: 1/J/D~ License Agreement between the City of Chula Vista and San Diego Junior Theatre for the Craft Room at 373 Park Way, Chula Vista, CA 91910, and - . the Chu1a Vista Women's Club at 357 G Street, Chula Vista, CA 91910 10-6 LICENSE AGREEMENT This License Agreement is made and entered into this day of 2008 between the CITY OF CHULA VISTA, a municipal corporation ("City") and SAN DIEGO JUNIOR THEATRE, a 501(C)(3) nonprofit corporation ("SDn"). RECITALS A. SDJT has provided children's theater education and productions 111 San Diego County for 60 years. B. City and SDn desire to collaborate in providing children's theater classes and camps at certain City facilities. C. City and SDn will continue to work cooperatively to identify possible City facilities for productions.'Should productions be conducted at a City facility, this License Agreement will be amended and the City shall be compensated at a rate similar to the rate described in this Agreement. AGREEMENT City and SDn agree as follows: I. !Ught to Enter. The City grants SDn the right to enter upon City-owned property located at 373 Park Way, Chula Vista, California 91910, specifically, the Craft Room of the Parkway Community Center, consisting of approximately 580 square feet. City also grants SDn the right to enter upon City-owned property located at 357 G Street, Chula Vista, California 91910, specifically, the Chula Vista Women's Club, consisting of approximately 1,860 square feet (together, the "Premises"). Pelmission to enter and use the Premises is conditioned upon the terms set forth below. 2. Use of the Premises. Prior to the beginning of each class/camp session, SDn shall obtain a Facility Permit from the City. SDn shall have the exclusive use of'the Premises for the purpose of conducting children's theater classes and camps and for no other purposes. SDn shall have exclusive use of the Women's Club beginning September 15, 2008, on Mondays, Wednesdays, and Thursdays from 2:30 p.m. until 6:00 p.m. and at no other times. SDJT shall have the exclusive use of the Craft Room at the Parkway Community Center beginning September 16, 2008, on Tuesdays and Fridays from 2:30 p.m. until 6:00 p.m. and at no other times. SDn shall have the use of the Premises including all furniture, tixtures and equipment listed on the attached Exhibit A. SDn shall determine the number of participants for each class and camp at the Premises to maximize emollment and participation. However, son shall not allow more 10-7 than 100 persons in the Women's Cub at any time and shall not allow more than 65 persons in the Craft Room of the Parkway Community Cenrer at any time. 3. Storage. SOH shall have the use of a portion of the Women's Club outdoor storage room for storage during the term of this License Agreement. The size of the storage space is approximately four feet high, three feet wide and one and one-half feet deep. SOH shall not store any materials of any kind in the Craft Room of the Parkway Community Center or anywhere else in the Women's Club. SOlT agrees that the City is not responsible for any materials stored by SOH in this space. SOH waives any claims against the City for the loss or destruction of any item or material stored by SOH in this storage space. 4. License Fee. SOH shall pay the City twenty-five percent (25%) of the total tuition and fees for each of the following: (a) the falllO-week class/camp session; (b) the winter I a-week class/camp session; (c) the spring 1 a-week class/camp session; and, (d) the summer 10-week class/camp session. SOH shall notifY the City at least thirty (30) days before cancellation of any class/camp session. 5. Pavment of License Fee. Within thirty (30) days of the close of em-ollment of each la-week class/camp session listed above, SOH shilll submit to the City, in a form approved by the City, a detailed report of the em-ollment, tuition, and fees received by SOH for that 10-week class/camp session. SOH shall include a check payable to the City ofChula Vista for twenty-five percent (25%) ofthat total amount. , 6. Complimentarv Tuition or Fees. SOH shall not waive tuition and/or fees or grant any free or complimentary classes or camps for any participant in any class or camp, or grant any other free benefit to any participant without the express wTitten consent of the City. 7. Term. This License Agreement is effective on September 9, 2008, and shall terminate on September 9, 2009, unless terminated earlier. Either Party may terminate this License Agreement for any reason upon sixty (60) days written notice to the other Party. 8. Insurance. SOH, at its sole cost and expense, and for the duration of the agreement, shall obtain and maintain the following: A. Minimum Scope of Insurance. Coverage must be at least as broad as: i) Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOO I) ii) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance, if applicable. Hl-8 iii) Property insurance against all risks of loss to any tenant improvements or betterments, if applicable. B. Minimum Limits of Insurance. SDJT must maintain limits no less than: i) General Liability: (Including operations, products and completed operations, as applicable.) ii) Workers' Compensation Employer's Liability: where applicable iii) Property Insurance $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required OCCUlTence limit. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee Full Replacement Cost with no CO-1l1surance penalty provision, where applicable C. Deductibles and Self- Insured Retentions. , Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the SDJT will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. D. Other Insunince Provisions. The general liability, and where appropriate, the Worker's Compensation policies are to contain, or be endorsed to contain, the following provisions: i) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises used by the SDJT. The General liability Additional Insured coverage must be provided in the form of an endorsement to the SDJT's insurance using ISO CG20l0 (l0/01) or its equivalent. ii) For any claims related to a project, the SDJrs insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance HI-9 maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the SDJT and in no way relieves the SDJT from its responsibility to provide insurance. iii) Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. iv) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured w!"lUld be invalid under Subdivision (b) of Section 2782 of the Civil Code. v) SDJT's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this agreement. E. Acceptability ofInsurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a Surplus Lines insurer, insurer must be listed on the State of California List of Eligible Surplus ,Lines Insurers CLESLI") with a current A.M. Best's rating of no less than A: X. An exception may be made for the State Compensation Fund when not specifically rated. F. Verification of Coverage. SDJT must furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on insurance industry forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before activity commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Indemnitv. SDJT shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of SDJT, and SDJT's officers, directors, employees, participants, patrons, invitees, or other persons, in connection with the use of City-owned property contemplated by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is 1 ()I-1 0 liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of SDJT, its otlicers; directors, employees, participants, patrons, invitees, or any third party. SDJT'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. SDJT's obligations under this Section shall not be limited by any prior or subsequent declaration by the SDJT. SDJT's obligations under this Section shall survive the termination ofthis Agreement. 10. No Assignment. SDJT shall not assign any rights or interest granted by this License Agreement to any person or entity. II. Revocable License. This License Agreement is not a lease. It is a license to use City property, revocable by the City pursuant to Section 6 of this Agreement. SDJT agrees that the City shall not be obligated for any loss, tlnancial or otherwise, which may be incurred by SDJT as a result of the termination of this License Agreement. SDJT waives any claim for expense or loss which SDJT might incur as a result of termination of this License Agreement. City shall have the right to enter upon the Premises during SDJT's use of the Premises in the City's sole discretion. 12. Compliance with Citv Direction and Laws. SDJT shall obey the directions of any City employee in connection with the use of the Premi?es. SDJT shall, at its sole cost and expense, comply with all [he requirements of all municipal, state, federal authorities now in effect or which may be in effect in the future which pertain to the Premises. 13. Condition of the Premises. SDJT shall not bring on to the Premises, or allow on the Premises, any hazardous material or substance as defined by any municipal, state, or federal authority. SDJT shall not allow the consumption of alcohol, smoking, the use of candles, or any other open fires on the Premises. SDJT shall restore .the Premises to its original condition and configuration and leave the Premises clean and orderly after each use. 14. Sims. No signs shall be displayed on the Premises, or on City-owned property near the Premises, without the prior wTitten consent of the Director of Recreation. 15. Waiver. The failure of the City to insist upon strict per.formance by SDJT of any condition of this License Agreement, in one or more instances, shall not be construed as a waiver of any such condition, and the condition shall remain in full force and effect. 10'-11 16. Promotional Materials. Each Party grants permission to the other Party to use its approved name, likeness and logo in promotional and advertising materials in any form or media during the term of this License Agreement. Each Party shall supply the other Party with approved names, likenesses and logos when requested. Each Party shall have the opportunity to review promotional and advertising materials in which its nlline, likeness andlor logo may appear prior to the publication of such materials. Such materials shall not be published without the prior approval of both Parties, and such approval shall not be unreasonably withheld. 17. Notices. Notices to the City shall be mailed to: City ofChula Vista Recreation Department 276 Fourth Avenue Chula Vista, CA 91910 Attention: Frank Carson, Recreation Supervisor Notices to SDJT shall be mailed to: San Diego Junior Theatre 1650 EI Prado, Suite 208 San Diego, CA 9210 I , Attention: Will Neblett, Executive Director 18. Entire Agreement. This License Agreement constitutes the entire agreement between the Parties, and there are no promises, representations, agreements, warranties or inducements, either expressed orally or implied, except as set forth in this Agreement. This License Agreement may not be changed or amended except by a written document executed by both Parties. (END OF AGREEMENT. NEXT PAGE IS SIGNATURE PAGE.) 1lJi-12 1 7. Entire Agreement. This License Agreement constitutes the entire agreement between the Parties, and there are no promises, representations, agreements, warranties or inducements, either expressed orally or implied, except as set forth in this Agreement. This License Agreement may not be changed or amended except by a written document executed by both Parties. Dated; "r /27 /0 ~ I I SAN DIEGO JUNIOR THEATRE BY;~~ Will Neblett Executive Director Dated; ClTY OF CHULA VISTA By: Cheryl Cox Mayor l:\Attorney\ELISA\AGREEMENTS\Junior Theater License Agreement Draft 2.doc 6 10-13 EXHIBIT A FURt"'ITliRE, FIXTURE AND EQUIPMENT LIST Chula Vista Women's Club # I N D Q tern arne escnptlOn tv 1 8' Straight Tables Metal - Seat Approx. 8-10 16 2 6' Straight Tables Metal - Seat Approx. 6-8 12 3 5' Diameter Round Tables Metal - Seat Approx. 8-10 15 4 Card Tables Seat 4 10 5 Folding Chairs Brown Plastic 22 6 Folding Chairs Metal 21 7 Folding Chairs Metal WI Cushion 162 8 Folding Chairs Metal WI Super Cushion 36 Parkway Community Center-Craft Room It N o 'f Qtv em arne escnpnon 5' Straight Tables for Preschoolers Metal- Seat Approx. 6-8 Preschoolers 4 6' Straight Tables Metal - Seat Approx. 6-8 17 Chairs for Preschoolers Various Colors (Blue, Yellow, and Red) 42 Folding Chairs Brown Plastic 20 10-14 CITY COUNCIL AGENDA STATEMENT ~\~ C/1I'OF ~CHULA VISTA 09/09/08, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION FROM THE THIRD A VENUE VILLAGE ASSOCIATION IN THE AMOUNT OF $1,000 TO THE ANIMAL CARE FACILITY A:NTI APPROPRLA.TING SAID DONA TED FUNDS DIRECTOR OF PUBLIC~II S@ CITY MAL"JAGER f ASSISTANT CITY MA . R S--r- 4/ST S VOTE: YES ~ NO D SUBMITTED BY: REVIEWED BY: BACKGROUND The Animal Care Facility (ACF) has received a donation in the amount of $1,000.00 from the Third Avenue Village Association. Staff is recommending the donation be used to purchase necessary medical and laboratory supplies. , ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actlVlty for compliance with the Califomia Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section l5061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council adopt the resolution accepting the donation in the amount of$1,000,00 and amending the FY09 services and supplies budget of the Animal Care Facility. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On June 21, 2008, the Third Avenue Village Association sponsored Pet Fest 2008. This premier pet event featured pet adoptions, contests, entertainment, delicious food, training tips, pet accessories, treats and much more. Pet Fest vendors were also on site offering low cost rabies vaccinations, on-site microchipping and on-site spaying and neutering on the SNAP Neuter Scooter. Proceeds from the event were donated to the Chula Vista 11-1 09/09/08, ItemjL Page 2 of2 Animal Care Facility. Staff is recommending the donation be used to purchase necessary medical and laboratory supplies. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMP ACT At this time staff is recommending amending the FY09 Supplies and Services budget of the Animal Care Facility, accepting the donation and appropriating $1,000.00 for medical al1d laboratory supplies. Prepared by: Jack Griffin, Director, Public Works Department. H:\A.gellda Items\09-09-08 Bonita Pet Fest DOl/ation.doc 11-2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION FROM THE THIRD A VENUE VILLAGE ASSOCIATION IN THE AMOUNT OF $1,000 TO THE ANIMAL CARE FACILITY AND APPROPRIATING THE DONATED FUNDS WHEREAS, the Third Avenue Village Association sponsored the annual PetFest event on June 21,2008: and WHEREAS, PetFest is a premium pet event featuring pet adoptions, contests, entertainment, food, pet training tips and other events. PetFest vendors were also offering low cost rabies vaccinations, on site microchipping and on site spays and neuters on the SNAP Neuter Scooter; and WHEREAS, proceeds from the event were donated to the Chula Vista Animal Care Facility; and WHEREAS, these funds are to be utilized to supplement the Animal Care Facility's supplies and services budget. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts a donation from the Third Avenue Village Association in the amount of $1 ,000 to the Animal Care Facility and appropriates the donated funds. Presented by Approved as to form by Jack Griffin Director of Public Works tJ ,,' /) /;7-' ~ "~(~:~-../ (j~A~ Bart Miesfield Interim City Attorney 11-3 CITY COUNCIL AGENDA STATEMENT .::Sw~ Oll' OF ~CHUIA VISTA SEPTEMBER 9, 2008, Item ];1- ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING PUBLIC OUTREACH TO EXPLORE THE FEASIBILITY OF POTENTIAL AMENITY IMPROVEMENTS AND AFFORDABLE HOUSINJ} DEVELOPMENT AT EUCALYPTUS PARK ;?Pf ASSISTANT DIRECTOR REDEVELOPMENT & HOUS~ CITY MANAGER . ~ 4/5THS VOTE: YES D NO 0 SUBMITTED BY: REVIEWED BY: SUMMARY South Bay Community Services (SBCS) has approached Redevelopment & Housing staff with an interest in the feasibility of a conceptual plan to expand the Young Men's Christian Association & Care Center (YMCA) facility, construct affordable housing and more fully amenitize Eucalyptus Park. Staff is interested in receiving Council support to enter into an agreement with SBCS to conduct public outreach to determine community interest. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it does not involve a physical change to the environment; therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION In 1927 by Resolution No. 185-4, the city purchased 17.83 acres (776,675 square feet) of land, Assessor Parcel Number 565-12-00-300, located at 47 Fifth Avenue in the City of Chula Vista, south of C Street between Fourth and Fifth Avenues (See Attachment I, "Property"). The Deed 12-1 --_.-.-- SEPTEMBER 9, 2008, Item I:;L Page 2 of2 for the land contains no restrictions on the uses allowed for the land. An additional parcel was also purchased to the southwest corner along Fifth Avenue and is not subject of this action. The City Council in 1944 designated the Property for park use known as Eucalyptus Park (Park), by Ordinance No. 335, later to be renamed General Roca Park by Resolution No. 3854 in 1965. Today the property provides park amenities including two ball fields, four tennis courts, a basketball court, a horseshoe pit, several gazebos, and a tot lot. In addition, two tenants cunently lease portions of the parcel from the city, including the YMCA on the southeast corner of the parcel along Fourth A venue and the American Legion on the western portion of the parcel along Fifth Avenue. In mid-2008, SBCS approached Redevelopment & Housing staff with an interest in determining the feasibility of enlarging the existing YMCA to a full service facility, providing additional amenities at the Park, and incorporating affordable housing on the southeast comer of the property. To provide SBCS the opportunity to study the economic feasibility and marketability of a development project at the Park, staff is recommending that the Redevelopment Agency enter into an agreement with SBCS, for the following reasons: o SBCS has extensive experience in affordable housing development; o YMCA has expressed interest in expanding their current facility to a full service YMCA for Northwest Chula Vista; and o Staff believes this process could provide an update to the master plan for Eucalyptus Park that would address existing safety concems and improve facility functionality and use. Should Council support the effort, staff anticipates taking the agreement to the Chula Vista Redevelopment Corporation (CVRC) for an advisory recommendation and to the Redevelopment Agency for approval. The agreement would identify SBCS responsibilities for holding publicized community outreach meetings to gauge community support and amenity needs for any potential future development of the Park. After the outreach is conducted, staff would return to the appropriate bodies with a progress report on the community input prior to recommending anv additional actions. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500-feet of the boundaries of the Property, which is the subject of this action. FISCAL IMPACT Staff time to attend public outreach meetings scheduled by South Bav Community Services would be funded through the general fund. There is no other fiscal impact to the general fund by approval of this action. ATTACHMENT I. Map of Eucalyptus Park Prepared by: Stacey Kurz. Senior Project Coordinator. Redevelopment & Housing 12-2 Attachment 1 c ~.,.rT'."LHL'C"VLS],A6 Redevelopment .lJ!F &Hou$ing 123 EN_-\. ProperI}-' Added ~-\rea Project ~-\refl Town Cenue II Proiect ~-\.rea RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCfL OF THE CITY OF CHULA VISTA SUPPORTING PUBUC OUTREACH TO EXPLORE THE FEASIB!UTY OF POTENTIAL ,<\1vIENTTY IMPROVEMENTS AND AFFORDABLE HOUSING DEVELOPMENT AT EUCALYPTUS PARK WHEREAS, in 1927 the City purchased 17.83 .acres of land located at 47 Fifth AVenue in the City of Chula Vista. south of C Street between Fourth and Finh Avenues, Assessor Parcel Number 565-12-00-300 (Property); and WHEREAS, in 1944 City Council designated the Property, known as Eucalyptus Park (Park), for park use pursuant to Resolution No. 335; and WHEREAS, the Park was later renamed as General Roca Park. but it is still commonly known as Eucalyptus Park; and WHEREAS, the City's Police Department has had significant service calls and transient activity at the Park; and WHEREAS, the City desires to more effectively utilize and more fully amenitize Eucalyptus Park and further supports affordable housing opportunities consistent with adopted 21J05-20 I 0 Housing Element goals and objectives; and WHEREAS, the City cUITently leases a portion of the park to the Young Men's Christian Association & Care Center (YMCA); and WHEREAS, the YMCA is interested in expanding its CUITent operations in the Parle and \VHEREAS, South Bay Community Services (SBCS) has approached the City and expressed interest in conducting public outreach to develop a conceptual plan to improve park amenities, expand the YMCA t~lciIity, and develop aftcmlable housing at the Park; and WHEREAS. if the City Council supports this concept, staff anticipates entering inlo an agreement with SBCS identitYing SBCS's responsibilities to conduct public outreach and gauge cOl11munity support. NOW THEREFORE, BE IT RESOLVED by the City Councilor' the City of Chula Vista that it suppor1s public outreach to explore the feasibility of potential amenity improvements and affordable housing development at Eucalyptus Parle 12-4 Resolution No.7 Page 2 Presented by Approved as to tann by Eric Crockett Assistant Director of Redevelopment and Housing Jj "7 , '. / . r. ~. i ,"'- Bart Miesfeld Interim City Attorney ~~:h~ ". .I' !\ltl1rnc:y\FINt\L !\1~SOS\2UOX',(Jq 119 O~\City RESO - EUC;llyptus Park.dl1c 12-5 CITY COUNCIL AGENDA STATEMENT ~\!f:.. CITY OF ~CHULA VISTA I~ SEPTEMBER 9, 2008, Item 0 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT ON PROJECTED REVENUE SHORTFALLS IN THE DEVELOPI'vIENT SERVICES FUND AND MEASURES BEING IMPLErvIENTED TO REDUCE EXPENDITURES (3/5THS VOTE REQUIRED) SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING TWO CODE ENFORCEMENT OFFICER POSITIONS TO THE PLAN"NING AND BUILDING DEPARTMENT AND APPROPRIATING $133,000 FROM THE AVAILABLE BALANCE OF THE GENERi-\L FUND BASED UPON HIGHER THi-\N ANTICIPATED REVENUES FROM THE RESIDENTIAL ABANDONED PROPERTY PROGRi\1\i! (4/5THS VOTE REQUIRED) CITY MANAGERC t~ iA CITY I'vLA.NAGER /Jr;V ~ I 4/5THS VOTE: YES I X I NO [J SUMMARY With the approval of the Fiscal Year.2008/2009 budget, the City Council authorized the creation of a stand-alone Development Services Fund comprised of staff from the Departments of Planning & Building, Public Works and Engineering responsible for the planning, permitting, plan review, and inspection of development applications. As the year-end closing process has progressed it has become apparent that despite deep cuts made to the Development Services Fund as part of the Fiscal Year 2008/2009 budget, development related workload and revenues are insufficient to support current staffing and budget levels. As a result, in order to avoid further impacting General Fund reserves, additional budget reductions are required. To reduce the number of employee layoffs, staff is also recommending adding two Code Enforcement Ot11cer positions to the 13-1 SEPTEMBER 9, 2008, Item L3 Page20f6 General Fund budget of the Planning and Building Department and tilling the positions internally. The cost of these positions would be fully offset .by higher than anticipated revenues from the residential abandoned property program. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity, accepting a report on projected revenue shortfalls in the Development Services fund and adding two code enforcement officer positions to the General Fund budget of the Planning and Building Department, for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as detlned under Section 15378 of the State CEQA Guidelines because it only involves personnel related actions and allocation of funding. RECOlVI:MENDA nON That the City Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDA nON Not Applicable. DISCUSSION With the approval of the fiscal Year 2008/2009 budget, the City Council authorized the creation of a stand-alone Development Services Fund comprised of staff from the Departments of Planning & Building, Public Works apd Engineering responsible for the planning, permitting, plan review, and inspection of development applications. The primary purposes for creating a stand-alone Development Services fLmd were to: 1. Better define and make more transparent the nexus between development processing costs and fees, 2. Ensure that revenues generated through development processing fees are not allocated in support of General Fund services such as Police, Fire, Public Works, and Recreation, and 3. To insulate General Fund services from fluctuations in development activity. As evidenced by the following data, the level of development activity in the City has dropped precipitously during the past 4-5 years. . Residential permits issued annually have dropped 88% since Fiscal Year 2003/2004 (from 3,694 to 432) Total permits issued annually have dropped 59% since Fiscal Year 2003/2004 (from 7,047 to 2,902) Total annual inspections have dropped 63% since Fiscal Year 2003/2004 (from 82,092 to 30,725) Aonual billable hours to development projects by the Planning Division have dropped 40% since Fiscal Year 2002/2003 (from 19,634 to 11,785) . . . 13-2 SEPTEMBER 9,2008, Item 1 ;;:., Page 3 of 6 In response to these trends, staffing for the development services portion of the Planning and Building Department was reduced by 35% during the same time period (from 72 FTE in Fiscal Year 2003/2004 to 47 FIE curtently). As the year-end closing process has progressed it has become apparent that despite deep cuts already made to the Development Services Fund as part of rhe Fiscal Year 2008/2009 budget, the revenues being generated through development processing activities continue to be insufficient to offset the costs of delivering these services. Revenue projections and staffing levels recommended in the Fiscal Year 2008/2009 budget for the Development Services Fund were predicated upon a continuation of development activity at levels equal to the first 6 months of Fiscal Year 2007/2008, the most current data available at the time the budget was being developed. With the close of Fiscal Year 2007/2008, it is now clear that what actually transpired in the second half of Fiscal Year 2007/2008 was a significant worsening of the downward trend in development activiry (see graphics below). Development Services Planning Total Project Accounting Hours Charged to Depos it Accounts 1,600 1,400 1,200 <J) 1,000 ~ :: 800 0 ::t: 600 400 200 .Jan..June Avg....... =880 (.19'10) -s ;; ~ OJ OJ OJ ~ ~ .c "' ~ $ W ~ ~ Q. ~ C 0 .c .c .g .g ~ 0 , '" c 0 2 ro -< :; , 0 in 13 a; ~ ffi .c :; -< 0 > u , $ Q. 0 W "- W Z Q if) Citywide Plan Check Fees Received (Pennit Applications) $300,000 $250,000 $50,000 July-DecAvg =$156K Ji3fi:June Avg :=$8ZK.H7%) '" $200,000 '" :: " '" > '" c:: $150,000 $100,000 $- ~ ;; OJ OJ ~ OJ ~ ". ~ ~ " u ~ '" 0 .Q .c .c -g iij <g Q. :; 0 o. E i' in -< , 0 13 1'i :; -< -'" $ W ro 0 > u W Q. 0 2l , "- '" z if) 13-3 1'"1 SEPTENlBER 9, 2008, Item~ Page 4 of6 Total Inspections 4,500 as 4,000 i 3,500 0- '" 3,000 o () 2,500 '" g 2,000 13 1,500 8- '" 1,000 .I: 500 Jan-June Avg =:2,Q51 (-33"/01 ~ ill ~ B B >- >- ~ >- " '!l B ro ro u s. OJ c -'" ro ::;; ...., OJ E 0 " E ;; 2 <( :l :l U a; ::;; ...., <( <D " iii -'" 0. 0 6 <..> ...., " " u.. <D Z 0 (j) Assuming development activity does not deteriorate further, revenues in the Development Services Fund are projected at $9.5 million, a $1.4 million or 13% reduction relative to Fiscal Year 2008/2009 budgeted revenues. Netting out budgetary savings estimated at $328,000 and reduced overhead reimbursements to the General Fund, estimated at $142,000 as a result of reduced staffing levels, results in a projected detlcit in the Development Services Fund of $0.8 million dollars for Fiscal Year 2008/2009 (see table below). Development Services FY 2008-09 FY 2008-09 Fund Budget Projected I Revenues I $10,877,684 $9,494,731 Expenditures I $10,737,901 . $10,267,455 Projected Surplus/(Deficit) 5139,783 ($772,724) Projected revenues in the above table reflect: , Assumption that Pian Check, Building Inspection, and Deposit Based revenues will continue at Fiscal Year 2007/2008 levels ., Additional staff time reimbursement revenue from the Redevelopment Agency as a result of using Plarming staff for the development of a Southwest Chula Vista Specific Plan ($200,000) , New revenue from an anticipated SDG&E grant ($56,000) , New revenue from a SANDAG habitat grant ($38,000) Projected expenditures in the above table reflect anticipated savings from: . Vacant Planning Director position through November 30, 2008 ($73,000) Savings from the voluntary furlough program ($34,000) Upcoming Associate Planner vacancy ($83,000) . . 13-4 SEPTEiVlBER 9, 2008, Item 13 Page 5 of6 . 4 positions being filled at levels lower than what was approved in the budget ($73,000) . Miscellaneous reductions in services and supplies ($65,000) Despite these efforts to enhance revenues and reduce costs, the Development Services Fund is still projected to end the year with a $0.8 million deficit. As a result, the follo",ing reduction in force is also being implemented (numbers in parentheses represent Fiscal,Year 2008/2009 savings): . Eliminate 1.0 Assistant Director ofPlanning ($130,000) . Eliminate 1.0 Development Services Counter Manager ($79,000) . Eliminate 1.0 Plans Examiner ($104,000) . Eliminate 1.0 Landscape Planner II ($82,000) . Eliminate 3j Development Services Technician II's ($204,000) . Eliminate 2.0 Building Inspector Irs ($161,000) In an effort to reduce the number of layoffs, staff is recommending that two Code Enforcement Officer positions be added to the General Fund budget of the Planning and Building Department and that the positions be filled internally. It is anticipated that the cost of these two positions would be fully offset by higher than anticipated revenues from the residential abandoned property program. The reduction in the number of Development Services Technicians ",ill result in a new service delivery model and reduced hours of opera,tion for the development services counter. The public counter will only be open for Planning and Building transactions from 11 :00 am to 4:00 pm Monday through Friday. These reduced hours will allow some of the Building field inspectors to complete their morning inspections and then report to the public counter to provide assistance to the permit customers. This revised schedule will also allow the remaining Development Services Technicians the time necessary to complete essential behind-the-counter permit processiIlg steps. It is important to note that current revenue projections for the Development Services Fund assume a continuation of development activity at Fiscal Year 2007/2008 levels. If development activity deteriorates further during Fiscal Year 2008/2009, then further cuts to the Development Services Fund would be required now in order to avoid impacts to General Fund reserves in the future. On the other hand, if development activity picks up relative to the previous Fiscal Year, then fewer cuts would be required. Given the uncertainty surrounding future development activity, the reduction in force currently being implemented in the Development Services Fund represents a balanced approach to remaining fiscally conservative while simultaneously making every effort to avoid cutting too deeply and thereby jeopardizing the City's ability to respond to future development related \vorkload a11d causing unnecessary layoffs. 13-5 SEPTEMBER 9, 2008, lLem i 3 Page 6 0 f 6 DECISION lVL\KER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT Based upon actual development activity and revenues realized in Fiscal Year 2007/2008 coming in lower that projected and budgetary savings anticipated in Fiscal Year 2008/2009, staff is projecting a net budget deficit of $0.8 million in the Development Services Fund. This report summarizes the cuts that are being implemented in the Development Services Fund to address this shortfall and thereby avoid impacting General Fund reserves. The cost of adding two Code Enforcement Officer positions in the General Fund is estimated at $133,000 for the remainder of Fiscal Year 2008/2009 (C Step) and $196,000 annually (E Step). It is anticipated that the costs of these positions will be fully otfset by higher than anticipated revenues from the City's residential abandoned property program thereby resulting in no net impact to General Fund. ATTACHMENTS: A. Summary of Development Services Fund Net Cost Reductions Prepared by: Edward Van Eenoo, Director of Budget and Anafy~is, Office of Budget and Analysis 13-6 ATTACHMENT A Development Services Fund Net Cost Reductions FY 2009 Development Services Fund Budget FY 2009 Development SerJices Fund Projected Revenues Projected Gap $ 10,737,901 $ 9,200,734 $ (1,537,167) 1 vacant 2 Salary savings from voluntary furlough 3 Reduce Senior Plans Examiner to Plans Examiner 4 Reduce 2 Principal Planner positions to Senior Planners 5 Reduce Senior Planner position to Associate Planner Building Division Service and Supply savings (Microfilming, Books and 6 Publications, Training and Travel) 7 Associate Planner (vacant) Subtotal $ -1,0 $ $ (34,000) (11,000) (43,000) (19,000) (65,000) (83,000) (328,000) 9 SDG&E grant funding of 0,5 Associate Planner 10 SANDAG habitat grant Subtotal (56,000) (38,000) (294,000) two to 11 (transfer to General Fund and fund with increased RAP rev~nues) 12 Development Services Technician II 13 Development Services Counter Manager 14 Plans Examiner 15 Assistant Director of Planning 16 Landscape Planner II Subtotal -2,0 $ (161,000) -3,5 $ (204,000) -1,0 $ (79,000) -1,0 $ (104,000) -1,0 $ (130,000) -10 $ (82,000) -9.5 $ (760,000) $ (142,000) $ (1,524,000) -10,5 2,0 -8.5 17 Reduction in citywide overhead Grano Total Budget Cuts and New Revenues Summary of Personnel Reductions Positions eliminated from Development Services Fund Positions added to General Fund Net Reduction 13-7 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT ON PROJECTED REVENUE SHORIF ALLS IN THE DEVELOPMENT SERVICES FUND AND MEASTJRES BEING IMPLEMENTED TO REDUCE EXPENDITURES WHEREAS, the level of development activity in the City has dropped precipitously during the past 4-5 years; a..'1d WI-!EREAS, as a result development related workload and revenues are insuftlcient to support current development services staffing and budget levels; and . WHEREAS, the City Council has previously established a policy that development must pay for itself; and WHEREAS, a reduction in force is necessary in order to mitigate a projected budget deficit in the Development Services Fund ofSO.8 million; and WHEREAS, City staff has prepared a report outlining a plan for correcting the budgetary imbalance and has submitted said report to the City Council for consideration. NOW THEREFORE BE IT RESOLVED that the City Council of the City ofChula Vista does hereby accept the report pertaining to projected revenue shortfalls and measures being implemented to reduce expenditures in the Development Services Fund. Submitted by Approved as to form by David R. Garcia City Manager 13-8 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING TWO CODE ENFORCEMENT OFFICER POSITIONS TO THE PLA,'-INING ~A...c'ffi BUILDING DEPARTtvIENT AI'm APPROPRIATING $133,000 FROM THE A V AIL'\BLE BALA1"\iCE OF THE GENERAL FUND BASED. UPON HIGHER THAN ANTICIPATED REVENUES FROM THE RESIDENTIAL ABAt"\iDONED PROPERTY PROGRA..l\;[ WHEREAS, the level of development activity in the City has dropped precipitously during the past 4-5 years; and WHEREAS, as a result development related workload and revenues are insufficient to support current developtl).ent services staffing and budget levels; and WHEREAS, the City Council has previously established a policy that development must pay for itself; and WHEREAS, a reduction in force is necessary in order to mitigate a projected budget deficit in the Development Services Fund 01'$0.8 million; and WHEREAS, revenues being generated through the City's abandoned property program are projected to be sufficient to support two additional Code Enforcement Ot1lcer positions; and WHEREAS, filling these positions internally will reduce by two the number of employee layoffs resulting from the reduction in force in the Development Services Fund. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the personnel services budget of the Planning and Building Department by adding two Code Enforcement Ot1lcer positions and appropriating $l33,000 based upon higher that anticipated revenue from the residential abandoned property program. Submitted by . Approved as to form by David R. Garcia City Manager .<Bort MM4mS ,\,Cimerim City Arrorney 13-9 A ~d; +i o".,J I ~ornicd-io '" {km 13 ~(f~ -.- ~-- ~--- ...:::..;;:--...;:: - - Councilmember Steve Castaneda City Of Chula Vista 276 Fourth Avenue Chula Vista. Ca 91910 619.691,5044 - 61 5476 5379 Fax MEMO CllY OF (HUlA VISTA DATE: Monday, September 08, 2008 cc: Mayor and City Councilmembers Council members Steve castar~iUdY Ramirez~ City Manager TO: FROM: RE: FY2oo8/200g Budget Shortfalls ~~~~~ Tomorrow's City Council Agenda Item # 13, "consideration of a report on projected revenue shortfalls in the Development Services Fund and measures being implemented to address the budgetary impacts" is another unfortunate reminder that we have not yet , tackled the budget issues that continue to plague our city. We continue to cut City serJices and focus on nonessential items in our current budget This situation that calls for layoffs of City Personnel must be reconsidered. Before we cut additional services to the public, we must examine again if granting $218,580.00 in vehicle allowances to 38 City employees, rather than reimbursing for actual miles driven on city business, is the best use of scarce budget dollars. In an effort to show leadership on this issue, we eliminated our own FY2008/2009 vehicle allowances. We call again for the elimination of all remaining FY2008/2009 vehicle allowances. Additionally, we must examine the $485,349.00 Mayor's Office FY2008/2009 budget. We propose again that the Mayor' Office budget be trimmed to two times that of a $152,822.00 City Council Office FY2008/2009 budget The $225,528.00 Mayor and Council Department Administrative FY200S/2009 budget can be trimmed by an additional 20% without impact to the public. These few proposals contribute $443,391.00 back to essential services for Chula Vista residents. To be true to our employees, Chula Vista taxpayers and Chula Vista businesses, we must cut these expenditures before we consider cutting any services to the public. ~\(~ ~ :: - --...;;:- Mayer and City Council City Of ChL..!la Vista 276 F.::;urth Avenue Cr,ula Vista, Ca 91910 6 i 9.691.5044 - 619.476.5379 Fax MEMO em OF CHULA VISfA ,.~1;~";,,, ~~.~~~~-:h~e,-~5;':.;.,:~~~,.,.,,":;~~:''''''~~.-.~~~_~~'?0~ -~"-,"",::""~ August 15, 2008 FROM Office of the Mayor & City Council Lori Peoples, Senior Deputy City Clerk Lorraine Bennett Deputy City Clerk MaYOrChe~ICox~ Jennifer Quijano, Constitue~t Services Managet~ Charter R'8view Commission appointment TO VIA, RE --,;;~~,.~ ,~~;:':-. ";;'.g:~}~~';~-..~~~i~~~;'1; ~~~~~~$::~';:;~~~~::. '::'~~~,,... The following candidate has been recommended for appointment to the Charter Review Commission The ratification of this candidate has been placed on the September 9, 2008 Council agenda, Brandon Marvin has been a resident of Chuia Vista for the past 4 years, Brandon is the General Manager for Heartland Meat COrTlpany located in Chula Vista, Brandon will graduate soon from the University of Phoenix with a 8S degree in 8usiness Management. Brandon is involved with the YMCA, Kiwanis and the OVRP, Brandon is looking fonNard to his wedding next July and raising a family in Chula Vista, /5 ~""tcl<1a l'l"'-. d<:us. L_ Would you want this 350' from YOUR home? ~Le gusta esto 350 pies de su casa? ....].. ~ I .............. - .....-- ... -..."".... -#-.~ :~~IW:'~~;~ ~k~, 1 ~~o:J~~r:~;~~~~:,~:',.. "l!r:~;~r~i!'!H,: .~ I" /~'1'J. ~ I :'~, '{:'~i" ;-!~1ti :'J~ ^"1_ ",' , . '__ .. _1 ", .,e... , .,..: ...,' ~'Ii'"' w. Jt. .J":I';~. . , ~fj{', ~,I' ,...~,.Vr;:'!. ~". ~ '1~;;.~1f_1I Ii' ".. 'l~_:,~!f..:;:r; , J r~'di:3'- '1' t .1. '''t~.. - ~~; . ,,-,..:i:--~I!J.l;.!" ~~:li;';o~l~lo'_:.= .~.- .,,~~;.... I Help us STOP the MMC Energy Plant! iAyudenos a detener la planta de energia de MMCI ' l/ \ . \ Fact Sheet MMC Ener!!V Peaker. 3497 Main St.. Chuta Vista I. The location is unacceptable-20 feet from front door of new businesses, 350 feet trom people's homes, 1300 feet from Otay Elementary, 1200 feet from Otay Recreation, within one mile of 14 schools, a health clinic, a library, and two recreation centers. 2. A peaker should be, according to CV zoning ordinance, in a heavy industrial zone. This location is a light industrial zone. The existing peaker did not operate for more than 12 months, so it lost its conditional use permit, according to (CYMC:19.64,070). 3. New peaker will have two 70-foot tall smoke stacks, visible above surrounding buildings. 4. New peaker will use between 4.4 and 28 million gallons of water a year. 5. There is a 12,000- gallon tank of ammonia on site. 6. The new peaker would produce between 7 and 25% of the carbon monoxide in the entire city if approved, making reaching city's carbon reduction goal more difficult. 7. There is no connection with getting rid of South bay Power Plant. (ISO wants peakers in north county or Orange county.) MMC has no contract with SDG&E and needs to install two cut-off breakers to ensure it won't overload existing lines. 8. It would be an awful precedent, because new General Plan says no power plants or heavy industrial uses within 1,000 feet of sensitive receptors. 9. The area within 1,000 feet of the plant is over 90% people of color. 10. The hourly emission rates are higher for SOx, YOC, and PM I O/PM2.5 for the proposed plant, as compared to the old plant, and it will run more hours. Particulate Matter (cause of asthma, heart and lun diseases is articularly high. Existing peaker 44.5mw less than 200 hours per year o u n s NOx 14.07 CO 108 OC 1.89 Sox 1.58 PM10/2.5 4.54 Ibs/hour (2 turbines) 8.4 12.4 Proposed peaker 100 mw, 800+ hours/year 2.2 10 Sox PM10/2.5 Southwest Chula Vista Civic Association . . __,P~ox 6064. Chula Vista, CA 91909 ;;;;:~:~,! ,~ J';~~~ I Wi\RNING" (619) 425-5771. httn://swcvca.org t!:i!-tt~ I .--. i}it(~'~ 'IllS FAcrLI ry C(\NfArNS ON~ 11 \hjj jElemonl~ry Schoof I Rocr8atlon \ MORE CHEMICALS KN')WN Main: ~. Center 'G rHE SIAl': OF CAUrUfINIA ro :--;;E:::-nl ~. .'1 f '1 ~ f C.'USE CANCm. BIRTH DEfECTS' l\'lore Information on the .....'. ii' '30.," I, 1,0. I ;l fl1:PHQOUC fiVE HARM ' /,~ ' :. I. -l )' l '..wlsa' peaker: l~i';~:lk . .:.' . (~[51!: LuGAR <;f. PUEOfS €NCOtllRAR UNj t'~~'"A \1 . ,. ~o;:~f ~':T~~(:~~:J.~'~~~s ~U~N~~~~ ~"id;"tla 150 t, ^ \., i i:A/'OI..ER JffEcros 01::: ~Aq"'IE~HO 0 OfROS Horn.. I & L":..,,\\...I- MMC M',I)f, 1~I'Pq()OUt;1!V('S I I ,I ?e~J.r8r Planl , ,. .., ",.----:-.-='-' -- .http://www.chuJavistaissues.orglCVEUP.htm MegaWatts Per Square Mile Incorporated City Area North & South of SR-94 , , .....~.,R.,ian I AltClUeaOb_ .._c....._Dto__-""'. ,- ,_J~Il,tt::K1I t '-- , , + North of94 . Megawatts per square mile 3.652083 '? , / .;.:'::"'::\- .;-:~~~.. Fossil Fuel (gas &/or oil) Mega Watts/square mile, % non-white by Metropolitan Statistical Region 4 North County East 45.1 % non- white 3.980632 mw Key cec:_,..~_1lI3A.JaID I ":'"":;7" ' o 11.SO ~ 0;1.,ll:I @1J1.M !:,:._~_ I' mA2lJllO.NonWhlh_ .- . -. -. ...........,.........~ .1_, . . . :': ';, ~ . '''"', North County West 35.3% non-white 16.867989 mw per square mile :Hl )U :Q," o t '> ~ I I ...... , South of 94 Megawatts Per square mile 12.7829 North City 31.9% non-white 1.344232 mw per square mile East Suburban 27% non-white .68346mw per square mile Central 66.7% non-white 5.2199081 mw per square mile As you can see from map above incorporated cities south of94 produce almost 4 times the electricity as incorporated cities north of94. + ""'"'1 ----.-'" ---~"~ " '~~ 8 I I I I t 6 Mi!es I )Iltres: CEe (P'j\,....er plants) SANDAG: MSA map lay&r Feature edit map.mxd Environmental Health Coalition. 2008. **The map on the right shows SANDAG statistical regions and amount offossiJ fuel produced electricity per mile South suburban 71.6% non-white 39.733999 mw/square mile \"amc/location ,\I\\'. acres C1()se~t Closest ..\round tlw plant s,'hool residence Larkspur 90MW 3 ac. More than 2 1/2- Adjacent to 42 acre manufacturing Otay Mesa a mile 3miles -- Calpeak Border 49.5MW 5.6 ae More than 3 homes Industrial/open space a.M. amile 3.000 fl. 8.760 hr/vr. Calpeak 49.5MW 2.95 ac More than Over 2640 Surrounded by industrial park Escondido amile n. Orange Grove 100mw 8.5ac More than More than In a 220 aere agricultural site S.D. Countv a mile amile Sun Valley 500mw 20 ae. 4752 n.. 1.000 n. Agricultural/industrial area Riverside Co. 4224 ft. cast 3 168 n Walnut Creek 500Mw 11.8ae 1373 n. 1109 ft. Industrial Los Angeles 13 within a mile Riverside Energy Two 12ae More than More than Santa Ana River, Waste water Treatment Plant i Resouree Center 96mw a mile a mile I Henrietta 96mw 20acres 1320 ft. More than 3/4mi Naval Air Station, agriculture Kings Co. amile I Calpinc Gilroy 135mw 7 acres More than 1400 ft. n. Adjacent another plant, agriculture, industrial Food a mile Warehouse 3,900 hr/yr : Niland Imperial Co 96mw 22 ac More than 1600n. (3) Trailer park 2,600 ft. w. a mile Wildflower Indigo 135mw 10 ac. More than More than Undeveloped desert habitat a mile a mile Sentinel Ri verside 850 mw 37 ac. More than I milenc Business park se a mile Grand Terrace 300mw 9.8 ac. More than Morcthan Industrial zone, decommissioned plant, Hif!hf!rove a mile a mile agriculture, railroad, Century, San 40mw .67 ac. More than 2,640 ft. Santa Ana River, railroad, motorcycle training Bernadino Co. a mile facility MMC Chula 100m", 3.8 ac. 1200 ft. 350 ft. t 6 schools wirhin n mile induding 4 HeadStarfs, Vista im.lustrial zone w-Hh residential \\'ithin 350 feet (".0 new industrial buildin!!s containinina manY commercial uses Area Within Aqueous Ammonia Risk Zone .,~ .~ , --" - . . ,---- - 1:lr-.n ___n___, I . . '-:...'.:.c.; II-=-~ ____.__________....___... u, ---~._._-~ _._-~- ., ,..._---"---,,,._.~ ,--.---.-. I ! ! --'-- ---.----. ~~ ..-.-------- - Key to Land Use Near MMC PeakeII' o 0.03106 Miles I ~ I N f~~~lfttil Commercial I:r~ Industrial Residential I I 1056 feet from MMC Property Line Ii!} Centroid of MMC Parcel / ....,.--.--....--.. --~ .~--~ ,- ._.:~ j't..#~ :;......:.;: ?.." '1\,,,,, ;~;';':f~~~~~\;::~ " J ,~ 1056 feet from MMC Center point ~C"''''''-'~:;''''-'-''''f'E~''I-''''I'~-''''!~~e,E"""tl-'-'~'""'l:Itt"'-~~""'~~^''''\MM;'''P'-J(''''''~. ';!i'~'J:~~""",~"I"i'\1"""''''':;~~''1-\1'' : ompanSon,o, m SS ons,nUm, XIS ng,anu,.,.ropoS8u' .,,, ..ea ers., ",,:'*". .''''''''. . _~_:,'",d'", .c."?,'.-?' "_""" ." Existing Plant Proposed Plant with range of operatlna hours.. Pollutant Ibs/hr" Ibs per 200 hours Ibs/hour (2 turblnesl Ibs per 500 hours Ibs per 4500 hours NOx 14.07 2814 8.4 4200 37800 CO 108 21,600 12.4 6200 55800 VOC 1.89 378 2.4 1200 10800 Sox . 1,58 316 2.2 1100 9900 PM10/2.5 4.54 908 10 5000 45000 . Pounds per hour for existing facility taken from table 5.1-3 of air quality analysis. .*Pounds per hour for two turbines of proposed facility taken from table 5.1-5 of air quality analysis. Note. The emissions per hour for the proposed facility are ONLY for the two turbines and do not include start up emissions, Much higher per-hour emission factors are in Table 5.1-7, but I do not know how they derived these and they seem too high. Difference: 500 va. 200 hours Difference: 4500 versus 200 hours 1386 34 98t -15400 3420( 822 1042: 784 95~ 4092 4409: Maximum 24-hour PM2.5 in MMC Downwash Zone 46 -r: 44 -(:- M ,: '. E 42 +------ - ~. 0) 40 ..1:....-----__ :::I I; C 38 J .- ~ It) 36 - -'- N ' :!: 34 Q. 32 30 t------ T'-'-'--- i ~ MMC Max 1 hour ..:-___,-3 , , I ------'-1 B;I background ____-------1 Level I -~.._-~ I Federal 24-Hour standard for I PM2.5 -..----1 . I i i I Enviironn-m.e:n.ta.l IIealith Coa.li.tion ---~.~~~1tlml~~ R>~ ',_,'_ 'i- .,',.-., _, :j..,~ ..1.._,._...-....._.. ."'_.:.k.. '._~,,_~,~..~ ...--,,')....""",.~..,.:.., :;I}-t Mill: c.l (,os IN,):!. "uitf> '"If)" ['l.tU,-,n;lt Cit.y, 1:,-\ {} ID',O. (6'19) ,i/... tl??O. 11;X: (6'Lc}) /,;";,'I?ID "J 1I_,(",p'lvil Qlllll,'(1l._11lH'.t1111 OJ q . WWIh.l'HVitoiltlf{:::nl.,JIIH-'d! 1.11.'_" (I MMC Talkin!!. Points Fact Sheet Poor Location o The new power plant, like the one it is replacing, remains in a very poor location. Roughly 1300 ft. from an elementary school and only 350 ft. from the nearest residential neighborhood. . General plan policy E 6.4 expressly directs the city to "avoid siting new or re- powered energy facilities and other major toxic emitters within 1,000 ft. of a sensitive receptor . The creation of a new facility on a previously empty portion of a lot with a 122% increase in capacity is basically a new power plant that is using a "limited amount" of recycled equipment. . Another general plan policy violated by the siting of this proposed plant is E 6.15 "site industries in a way that minimizes the potential impacts of poor air quality on homes, schools, hospitals, and other land uses where people congregate." . The immediate area (within I mile of the proposed power plant) is made up of an environmental justice community (81 % of residents arc people of color and 16% are below the federal poverty level). Inappropriate Land Use . The site and adjacent parcels are both considered "limited industria!." Power plants are not included on the list of permitted or conditional uses for this designation. . CEC staff refers to the proposed power plant as an example of heavy industrial use which is not pennitted under the current limited industrial designation. Air Quality . According to the AFC, the potential of PM emissions is higher and the source is closer to sensitive uses. Again, it is the location of the project that is a significant obstacle. . There is insufficient information about the cumulative impacts to the surrounding community. The proposed new power plant, with the increase in the hours that it will run, will likely add more pollutants to the area. . MMC has not given the public a good idea of how many hours we are likely to see from the new power plant. The proposed plant will have a technical capacity of 4500 hours. o The AFC compared the emissions of the old plant with emissions of the proposed plant but for only 200 hours of operation. Though the old plant did run for 200 hours, the new plant will not run for such a small amount. .. In a comparison of emissions between 200 hours from the old power plant and more accurate hours of operation for the proposed p1ant- 500 and 4500, the proposed plant releases more emissions for each contaminant listed except for CO under the 500 hour analysis and for all contaminants under the 4500 hour analysis. (See related chart) . The hourly emission ratcs arc higher for SOx, VOC, and PM I 0/PM2.5 for the proposed plant, as compared to the existing plant. (see related chart) . Thc 24-hour particulate levels in Chula Vista are already over the federal standard and the proposed peaker will make it worse. (see related graph) Renewable Energy . The MMC peaker expansion does nothing to create a more sustainable energy future and curb greenhouse gas emissions in that is does not include any commitments to implement renewable energy or finance energy efficiency to offset future need of this gas-fired plant. . EHC's position is that all new gas-fired projects must, as part of their proposal, incorporate other energy sources in compliance with the Preferred Loading order. . It is incumbent on new power projects to reflect what the rcgion needs with respect to energy generation in the region- clean, sustainable, and renewable. The proposed MMC plant contains none of these. . There is no evidence that this new power plant willremove or contribute to removal of the Reliability Must Run designation from the South Bay Power Plant. CoolinglWater Use . In a region suffering from drought conditions and the need to tightly conserve our water resources, it not reasonable for MMC to propose a power plant that could use up to 28 million gallons per year of water. . MMC's own estimate is that the plant would use a minim,um 4.2 million gallons per year on process and cooling water. This is a tremendous amount of water to use on a peaker plant. Use of Ammonia . Any air quality information must also inelude the likely emissions from the ammonia trucks that will be coming down a highly congested Main St. to fill up the 12,000 gallon anunonia tank once ev~ry two or three weeks, according to the AFC. . Based on the worst-case scenario done for the Larkspur peaker plant in Otay Mesa (the release of the entire contents of a 10,000 gallon above-ground storage tank of aqueous ammonia), the radius of an area that would be exposed to ammonia beyond what is considered extremely toxic under, federal law is over 1,000 feet. . Based on the more probable accident of a hose leaking whil!? re-filling the tank, according to models run for Larkspur, the hazard zone would still be over 1,000 ft. . AFC states "Although a potentially promising technology, SCONOx has not been commercially demonstrated on a large power plaJ;1t." Either the new power plant is a large plant that should be viewed as such in regard to land use and siting, or it is'a sinall plant and thus a morc detailed evaluation of the SCONOx alternative be presented.' '. .', Possibility of Expansion . The old portion of the plant will be removed, leaving the southern portion of the lot with what MMC desclibed as, "a shed for storage. Easily this structure could be removed (or not built in the first place), leaving room for another possible expansIOn. . A dangerous new precedent could be created if the proposed plant is certified. If the City and CEC allow a 100 MW power plant in an area set aside for limited industrial, it would be difficult to limit future expansions. Alternatives . The Alternatives section of the AFC is incomplete and must include a more detailed analysis of why some of the alternatives were ruled out. o First, in regard to the alternative locations, none of the assessments of the alternative locations discussed proximity to communities and schools. o Closed sections of the landfill and site in the eastern areas should have been, but were not, analyzed. o There should be an analysis of alternative methods of cooling, which was not presented in the AFC. ,.- COUNCIL INFORMA nON ITEM September 9, 2008 TO: The Honorable Mayor and City CO~fl~ David R. Garcia, City Managcr \~ .---- Scott Tulloch, Assistant City Mana~er S ) .lack Griffin, Director of Public Work~ Temporary c10surc of two pedestrian bridgcs over Olympic Parkway from September 15, 2008, to October 4,2008. VIA: FROM: SUB.JECT: On September 5, 2008, the Otay Ranch Company requested a temporary closure of the two pedestrian bridges located over Olympic Parkway to make minor repairs. The bridges are located at Santa Venicia Street and at East Palomar Street. The requested closure is for a period not to exceed 20 calendar days starting Monday September 15, 2008, and ending no later than Saturday, October 4, 2008. The purpose of the bridge closures is to place an epoxy sealer with a textured sand 11nish in order to scal minor cracks in the bridge dcek to reduce water intrusion. The closure is necessary to allow Otay Ranch's contractor to prepare and seal the deck in a single application to ensure uniformity and to allow for drying of the epoxy and sand sealer. The entire closure period coincides with the year-round school break for the nearby Olympic High School and school administration staff has been involvcd throughout the process. There will be bridge closure signs and pedestrian detour signs alerting pedestrians to use the closest signalized intersections at both locations during the closure period. cc: Richard Hopkins, Director of Engineering/City Engineer Liz Pursell, Public Information Officer Richard P. Emerson, Chief of Police Jim Geering, Acting Fire Chief Andy Trujillo, Transit Coordinator Police and Fire Dispatch . Amy Partosan, Engineering Admin Analyst F:\Engineer\AGENDA\lnformation Itcms\Pcd Bridge Closure info item.doc rYolf,ded (IV\. c:ku:s Proposed Common Academic Calendar One Start Date , ~ SWEETWATER ~IONHtGHSCffOOl.DlSlIllCl ,;,~ "j! " "-',. .,' '- :., .~. ',' ~ . One End Date - One Calendar ~~ r-7 f\--COMMON Ul---2CALENDAR 1 I _I Proposed Common Academic Calendar JJ)Jftl::r.J ~;..f::!/fi<i. -I Developing the Proposal: Task force of parents, district employees and community members developed proposal over six months Task force studied data, including attendance and student achievement, other school calendars and considered needs, trends and constituency concerns Meeting minutes and background materials are posted on the district's website Findings presented to Sweetwater Board of Trustees in June Final board decision to be made no later than November i7 ~COMMON LlI~CALENDAR Proposed Common Academic Calendar :t!7}~ ~j2ljjnJ 1. Maximizes student achievement by... Increasing the number of instructional days prior to Advanced Placement (AP) testing Maximizing instructional time immediately prior to California Standards Test Ending the fall semester before the winter break, allowing End-of-Course exams to be completed without interruption Providing opportunities for credit recovery, acceleration and remediation to all students dUring two-week fall and spring breaks Ensuring that students who change schools during academic year are not disadvantaged by losing instructional time when moving between traditional and year-round calendars Enabling students to investigate future educational or vocational opportunities, Le., college courses, work-study, internships, employment Increasing student attendance by addressing traditionally low attendance dates [((C\ -COMMON L /CALENDAR 'mJ ," - 1':- ILj- , :J=- . >f!jfji.tj , Proposed Common Academic Calendar 2. Better Serves Families by... Reducing coordination problems for parents with children on more than one school calendar. Providing multiple vacation opportunities: fall, winter, spring and summer breaks. Creating the foundation for Sweetwater and the four feeder elementary districts to adopt the same a K-12 calendar. 2 r7 f\--COMMON U~CALENDAR ij~[)f)j~ ~~mlL':j' , {:_/_-. I---JH ~~ .--1. ./'-~ Proposed Common Academic Calendar 3. Maximizes the budget by... Eliminating duplication of effort and costs of operating schools on dual calendars Increasing student attendance, resulting in increased state funding. r7 ("-COMMON jf.. .:,r~ U L;CALENDAR litfljIi OJ Proposed Common Academic Calendar Critical Elements of a Balanced Calendar The task force thoroughly reviewed seven versions of proposed calendars. Using a rank-order process, the members identified a proposed calendar that best met the criteria. The task force identified the following elements as critical to a balanced calendar: 1. Begins in late July or early August. 2. Ends the last week of Mayor the 1st week in June. 3. Provides a 3-week break in the middle of the year, after 1 sl Semester. 4. Provides 2-week breaks in spring and fall for remediation, credit recovery and acceleration. 5. Breaks ali9n with Christmas and Three Kings day (the traditional Mexican celebration of Christmas), as well as Easter. 3 JULY 2009 ,6" t~~.~hoIKl.y- OCTOBER 2009 . . , w , , , 1"".pendenuOay. . . , W , , , , , " , , , , . " , . . " " July 27 , III D 0 I!III . " SCIlOOI year 8eglns_ " " " " " " " FI~tSBmester " " " " " " " " '" " " " " " " " '" " " " " ~ " " ~ .. "' " " " " " .. " 6. Nov11 AUGUST 2009 NOVEMBER 2009 Legal holiday- . . , W , , . Veteran'eOay. . . , W , , . , , , , , . . , 6. Nov26 . . , . LegalholKlay_ , . , . . " " " " " ThanllagMngDay. . " " " " " " " " " " " '" " " " " " .. " " " " " " " " " 6. Nov21 " " " " " '" '" " " Decla....dhollday " " SEPTEMBER 2009 6. Sept 7 DECEMBER 2009 . . , W , , , Legal holiday- . . , W , , . , . . " LaborDay. , , . , . Dec16 , First Semeste, Ends, . , . , " " " . , . . " " " " " '" " " " " " " " " " " " '" " " " " " " .5eI>126-o<:t9 " " I!!l " (ill " " . Dee 21-Jan 6 " Fall Break " " BIF2J " WinterSreal< " " " D Holiday . Fall I Winter BrQak JANUARY 2010 . Oec21-Jan6 APRIL 2010 AprS Winter Break , . , W , , . . . , W , , . S<:hoolResumes l1II , Janll ii\1 , , , I!II , . , I!II . SecondSemeeterBegins , , . , . , " " " " '" " " " " " '" " " " " " " " .. " " " ,6" t~~16ho_liday_ " " " " " " " " " '" " " '" " Or. MartIn Luther King Jr. Oay. '" " " '" " " FEBRUARY 2010 ,6" ~:::I~liday- MAY2010 6 ~~,re~4ofHo'Klay , . , W , , . . . , W , , . (California " , . . Lin<:oln Oay(Feb 12). , Admi.elonsDay). , , , . . " " " '" , , . . . , . " '" " " " " '" . " " " " " " 6 May31 " " " " " " " ,6" ~:::t;hoIKlay_ " " " " " " " Legal hollday- WeshlngtonOay (Feb 22) " " " " " " " MemorialOay. " " " MARCH 2010 ,6" ~~;e~2ofHoliday JUNE 2010 Jun<l , . , W , , . EndOfSchooly....r (Ce.arChav""Oay_Mar31) . . , W , , . for 7_12 et<Jdenta , . . , " . , , . , . , . . " " " '" . , . . " " " " " " " " " .. . ~:;I~:-;~:ai " " " " " " " . ~~~~;~~~er SChool " mJ ~ mJ ~~ " " ......Ion '" " " EI " ~, " " ~1(@Ji al " " (;!J I,n D Holiday eWintQrlSpringBreak . Summar School 4 . JlILV2010 6 ~:a~noHday- . . , w , , . Indapenden""Oay. , , . . . III (jJ (jJ '" July 26 " ~ " " I ,~ " " School year be\llna. 2010-2011. " " " " " " " " " " " " '" " Common Calendar Check out the proposal for the 2009-20 I 0 schoo] year. , SW SWEIE1'WATER UNION HIGH SCHOOl. DISffilCT Share your thoughts with us by calling (619) 5SS.6050 or online at wW'o.v.suhsd.k] 2.ca.lls Click on common calendar link then click on "Leave a Comment." 6 Holiday . Summa... School 5 I ,ad I Station (1) ~ Area (1) I . Stagmg Area (1) Multiple Use ~ Area (I) (2) (3) Station i " ,', T^t~ALLEY cj > <( E OJ c., ~ ""' C; .a, =' = =- , PARK . .. Hike/Bike Trail - - - Future Hike/Bike Trail (3) ........... Future Hike Only Trail (3) === Bridge or River Crossing = Signaled Trail Crossing -.. City Boundary iatic area, restroom, kiosk (2) Includes equestrian parking pleted in 2009 '.!lffiFWRIMIAITrllWM : Sunrise to sunset year round. G: Gates open li2 hour after sunrise and close prior to sunset. Vehicles in the parking lots after ~y be locked in overnight. raN: ley Regional Park Ranger Station er Boulevard, San Diego, CA 92154 -0463 South Bay National Wildlife Refuge ~~< o s "1/4 I I Scale in Miles ..-.. ~ . " ":"....., .,... ''''''''''''", 'o"-"<""'~"''''-'_W'--'''''~_~.~:''':'''ll_-"''"'''J ~ ..; ~ ~ (!) a ~ ~ <l: -< c: ..c: "E ~ E ~ .,. C') ~ i AnitaSt. MainSt. ii ~:t. I '''',~" " Pond ! ~ G~~r'-"~ .~LJ "0 .i:: o:l c: ;, "' CJ) Obey all posted regulations. SDMC 63.20.13; CV1vfC 2.66.330 Stay on existing, designated trails. All plants, animals,.natural features, and archeological resources are fully protected and are not to be damaged, injured or removed. 5DI\1C 63.0102 (b){4); CYMe 2.66.160 & 17.35.100 (A)(3)(a) Motor vechicles are not permitted on dirt roads, trails, or paths. SD:\fC 63.0102 (b)(ZO); CYMe 17.35.100 (A)(3)(b) Dogs must be on a leash of no more than 8 feet. Owners must clean up after their pets. SDMC63.0102{b)(2);C\fl\.1C2.66.130 Fishing is permitted under CA Fish and Game codes in designated areas and with appropriate license for those over 16 years of age. FCC7145(a);CVl\tC2.66.210 Open fires and fireworks are prohibited. CVMC266200&266140 No overnight camping. SOMC 63.0102 (b)(12); CV11C2.66.260 Alcoholic beverages or glass containers are NOT permitted anywhere in the park. SOMC 56.54 & SOMe 63.0102 (b)(7);CVMC2.66.043 No solicitinv or vostin{T of fivers. posters. notices, Heart Pond ..- .,~.... '." . 8.-"" 0> '=r1m31_ ~l !',. Le May Pond Finn I I'W(!, " @ Traill ~ RanJI II 1I'r Slagil II 19 Futur, II 1=1 Futur Slagii II Il'1JTrolli (1) Inc1ude.~ (3)To be CI W~RI~ ~ -a HOU1~ o PARMi Ih houj hours ~ LOC~ Otay Si Loud /loise and amplified music . are prohibited. SOMe 56.50 & 59.5.0502; CY.MC 2.66.185 Remote controlled toys and vehicles I are prohibited. Boats, float tubes, or any other watercraft are not permitted on the river or ponds. Possession of firearms or weapons of .-"""'.L.a_!_ ._.._1_!L.!~_.J ~__L...J~__ ..,,"'.._~.. - ~. .'IU'II1lCI!l.,..."...,.......-"''''''''''IDml1l~ . OTAY VALLEY REGIONAL PARK I The Otay Valley Regional Park (OVRP) is located in the southern part of San Diego County four miles north of the international border with Mexico and eight miles south of downtown San Diego. The OVRP offers its visitors a relaxing sense of well being in a natural river valley. The park map depicts various trail segments for hikers, bikers and equestrians. Those with a passion for angling will find peaceful fishing holes along the trails throughout the OVRP. A Park is Created The Otay Valley Regional Park has a rich history of human occupation and resource use. Over 9,000 years ago, prehistoric Kumeyaay Native Americans were early inhabitants, taking advantage of the abundant natural resources found in the valley. In the 1770s, Father Serra chose the Otay River Valley as his first camp as he traveled north to establish the missions in what is now California. In the early 1800s, vast Spanish ranchos covered the area and cattle grazed on the gentle mesas surrounding the river. In the 1900s, Otay Dam was built to support the growth in San Diego and the length of the river has been a source of sand and gravel since the 1920s. In the 1990s, the County of San Diego, City of Chula Vista and the City of San Diego entered into a Joint Exercise of Powers Agreement for the coordinated planning, acquisition and. 13 miles through the Otay Valley just west of 1-5, along the Otay River to the Lower and Upper Otay Lakes. Currently the western part of the park (west of I-80S) is primarily publicly owned and the eastern part (east of I-80S to Otay Lakes) is primarily privately owned. . 1 l The park is as rich in natural history as it is in I human history-and many of the resources found ! in the park are protected and shall not be harmed I or removed from the park. Coyote, gray fox, I raccoon, desert cottontail and American badger \ are all residents in the park. Over two hundred J species of birds can be spotted during the year rl' within the park. Great blue herons, snowy egrets, American coot and several species of ducks can be found at the ponds along the trail. Riparian I woodland provides habitat for the endangered , Least Bell's Vireo and southwestern willow 1 flycatcher. The coastal California gnatcatcher I (pictured below), a threatened species, can be II, found in coastal sagescrub and in the habitats found in the OVRP. The upper part of the river I', valley is home to the white-tailed kite, northern harrier, and the red-tailed hawk. \ \ '.ij .' Native Plants & Animals Not all winged creatures are birds; many butterflies and moths live in or pass through the park. Especially interesting is the Quino checkerspot butterfly, which has been observed in the eastern part of the park. The Hermes copper spiny redberry plant which occurs in the coastal sage scrub. The pacific tree frog and garden salamander live adjacent to and within the pond areas. Supporting the abundant wildlife is a mixture of maritime succulent scrub, southern cottonwood willow riparian forest, alkali marsh, and Diegan coastal sage scrub. The Orcutt's bird's-beak is localized in several areas along the river valley and is the largest known population of this rare plant in the United States. Facilities Otay Valley Regional Park offers day use of hiking, biking and equestrian riding. Currently there are three official staging I parking areas located on Beyer Boulevard, Beyer Way North, and Rios Avenue. The Beyer Boulevard staging area features the Ranger Station, where visitors can meet with a ranger and get additional information. The Ranger Station also contains an interpretive panel that gives a brief overview of the different parts of the river valley and the wildlife in those areas. Anglers can fish for bass and bluegill at Hollister, Fenton, and Le May Ponds only (California Fish & Game laws do apply). -::~ . THE CITY OF SAN DIEGO ~\f? --- CnY Of (HUlA VISTA J ~ips forB~e~s:. ~ T~ke the time, to enjoy your outdoor experience.; Tell a friend or familY!"e.;!'ber.abo,ut yo;r I';~i;;g~~':m Bmoculars will help you observe the plants and' plans. Be speClhc abouLyour.rout~ and what '1j;\' animals as you walk along the trails and a "" I, time yoy should returri, Hike with'a companion '" camera will preserve memories of your visit. ",.,~ and a cell phone, 'If you are unsure about a ,. " . ",".1[. r particUlar tra!l and have questions, talk to a park . .c. Carry wataand a snack. Otay V@eycanbevery. ,'" ranger at th~ Beyer Bouleva,d Ranger Station, ho,t~ddry.il.!!i~ ~,ummer m9~~; thereis ng: :r;,' or ~all!619) 424.0463, " ' .'" l' ~~g",:at~,~YaIlableonthettails,ForafuJJ:~:,li (i.".':". ;.. ..;'. :"", days,luke,m mg.derate temperatures, expect t6~.r StaYf,n the trails, The natural res,"urees of Otay bring at least Ol1~'ganon of water: Bo not drb!k fr01n} . V alleyR,egional Park a,e fragil€:" 1t~if survival any of the pond~Jl.You are planning a IOr'geQiike,,' aIld.Y'i!!l:s~fety depend on correclJrajletiquette, I' carry light trail'snacks to maintain yourene,gy, '1 :-';~:;,.: . ,:;'" ':'.. . . .' . .,.... .' ", Vie', .; E!n~.rge1}c.i~'s: If you have a!)em';;rgency, call 911 ., . Wear suitable clotMng and footgear. Sturdy , J mc!,cb"prepared to describe where you are inl ' I' shoes and a hat are indispensable and sunglasses,... the park:. 0lalive ammals should never be fed or "j. ~-sunscreen, and insectrepellant are highly ~ approae~ed, Keep your dog(s) on a leash at all .. 'r",rrnTImpnrl",r1 . ' . ; tImes, and carry a small fust aId.kIt,wIth you. [' .. I j'