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HomeMy WebLinkAbout2009/05/26 Agenda Packet'`" -,• t doolun under Pn~ll ~ P~~)u~l ttat 1 am ,.,:.. _ ~_ I (~ ~ Cltir of Chine 1r~ta In tM 01l10~ d1 the City Clerk end thtl i oo~Md NN ~~~ /~_ on the bull~tln bOMd eoooldi~te ` ~+~ -~.+~~- __ 5 ~a cmr of / CHULA VISTA Cheryl Cox, Mayor Rudy Ramirez, Councilmember James D. Sandoval, City Manager John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember May 26, 2009 4:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY • PRESENTATION OF A PROCLAMATION TO THE EASTLAKE HIGH SCHOOL CONCERT BAND, DIRECTED BY MR. CHARLES WOLF, BY MAYOR COX HONORING THEM FOR BEING SELECTED TO PERFORM AT CARNEGIE HALL IN NEW YORK CITY ON NNE 16, 2009 • PRESENTATION OF A DONATION BY DALE PEKING OF $7,000 TO THE CHULA VISTA PUBLIC LIBRARY FOR THE HERITAGE MUSEUM • PRESENTATION OF A PROCLAMATION TO SALLY COX, EXECUTIVE DIRECTOR, SAN DIEGO CRIME STOPPERS BY MAYOR COX PROCLAIMING TUESDAY, MAY 26, 2009 AS SAN DIEGO CRIME STOPPERS DAY IN CHULA VISTA • RECOGNITION OF THE CHULA VISTA ROTARY CLUB'S DONATION TO THE CITY OF CHULA VISTA OF A CAMPHOR TREE (NAMED THE EISENHOWER TREE) AND A PLAQUE IN HONOR OF PRESIDENT DWIGHT D. EISENHOWER'S VISIT TO CHULA VISTA ON OCTOBER 21, 1960 CONSENT CALENDAR (Items 1-7) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. APPROVAL OF MINUTES of the Special and Regular Meetings of January 13, 2009. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS Letter of resignation from Port Commissioner Michael Najera. Staff recommendation: Council accept the resignation. (The vacancy was posted May 18, 2009, in accordance with the Madly Act.) 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE MUNICII'AL ELECTION HELD IN THIS CITY ON MAY 5, 2009, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW The San Diego Registrar of Voters has transmitted the certified results of the Municipal Election held on May 5, 2009. 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, and the Council to adopt a resolution reciting the fact of the election. Adoption of the resolution declares the results of the Municipal Election. (City Clerk) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE REVISED CAFETERIA BENEFITS PLAN FOR 2009 On February 4, 2009, President Barack Obama signed into law the Children's Health Insurance Program Reauthorization Act of 2009, which extends and expands the State Children's Health Insurance Program (SCHIP). This new law provides additional special enrollment rights to employees and their dependents covered in the City's group health plan. The Internal Revenue Code requires employers to include this coverage change in their Summary Plan Document (SPD). Adoption of the resolution fulfills this requirement. (Human Resources Director) Staff recommendation: Council adopt the resolution. Page 2 -Council Agenda http://www.chulavistaca.gov May 26, 2009 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D- MAX ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER FIELD SCREENING AND ANALYTICAL MONITORING SERVICES AND GRANTING THE CITY MANAGER THE AUTHORITY TO APPROVE UP TO TWO ONE-YEAR EXTENSIONS TO SAID AGREEMENT ' The City's NPDES permit from the California Regional Water Quality Control Board, San Diego Region, requires the City to annually conduct dry weather field screening, analytical monitoring (effluent sampling, chemical analysis, observation of physical conditions, and laboratory testing), trash monitoring, and Municipal Separate Storm Sewer System (MS4) Outfall monitoring at major outfalls during the dry weather season. Due to the expertise and specialized equipment necessary to perform these services, it is necessary to retain an outside consultant. Proposals were requested from qualified engineering and environmental consulting firms. (Public Works Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INC. TO PROVIDE FINANCIAL ADVISORY SERVICES On January 20, 2009, the City Council approved a Fiscal Health Plan that provides for a long-term financial strategy. To this end, staff issued a Request for Proposal (RFP) for financial advisory services to assist in preparing this long-term financial strategy. As part of this financial strategy, it is anticipated that debt restructuring may be a recommended course of action. The financial advisory firm would assist the City in restructuring its debt in a way that would best meet the City's long-term financial goals. (Finance Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ADESIGN-BUILD AGREEMENT WITH YOUNG ELECTRIC SIGN COMPANY (YESCO) FOR THE DESIGN AND CONSTRUCTION OF THE CHULA VISTA AUTO PARK SIGN (CIP NO. RD248) The City has selected a contractor to design and build a freeway sign for the Chula Vista Auto Park. Adoption of the resolution awards the contract to Young Electric Sign Company. (Public Works Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR Page 3 -Council Agenda http://www.chulavistaca.gov May 26, 2009 PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item has been advertised as a public hearing as required by law. If you wish to speak on the item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 8. CONSIDERATION OF AN APPLICATION FOR THE REZONE (PCZ-08-O1) OF THE PROPERTY LOCATED AT 1778 BROADWAY The owner of the property located at 1778 Broadway, Latif Zoura (Owner/Applicant), filed applications on November 21, 2007 for construction of a 14,105 square-foot, one- story, industrial building and the associated site improvements for the establishment of a recycling center. The proposed project involves the development of a vacant parcel located at the northwest corner of Broadway and Faivre Street in the southwest area of Chula Vista within the Merged Chula Vista Redevelopment Project Area. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the following resolution, and place the following ordinance on first reading A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ADOPTING MITIGATED NEGATIVE DECLARATION IS-08-006; (2) APPROVING CONDITIONAL USE PERMIT PCC-08-008; (3) AND APPROVING DESIGN REVIEW PERMIT DRC-08-14 TO ALLOW THE CONSTRUCTION OF A 14,105 SQUARE-FOOT, ONE-STORY, INDUSTRIAL BUILDING AND ASSOCIATED SITE IMPROVEMENTS FOR THE ESTABLISHMENT OF A RECYCLING CENTER AT 1778 BROADWAY B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING THE 0.88-ACRE PARCEL LOCATED AT 1778 BROADWAY FROM THE COMMERCIAL THOROUGHFARE WITH PRECISE PLAN (CT- P) ZONE TO LIMITED INDUSTRIAL WITH PRECISE PLAN (IL-P) ZONE (FIRST READING) Page 4 -Council Agenda http://www.chulavistaca.gov May 26, 2009 ACTION ITEMS The Item listed in this section of the agenda is expected to elicit discussion. If you wish to speak on the item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. CONSIDERATION OF PUBLIC TESTIMONY REGARDING THE FORMATION OF THE CHULA VISTA TOURISM MARKETING DISTRICT As part of the budget reduction actions undertaken in Fiscal Years 2007-2008, City funding for the Chula Vista Convention and Visitors Bureau (CVCVB) was reduced and then eliminated. The Chula Vista Chamber of Commerce and the CVCVB, working in concert with lodging and business owners and members of the business community has prepared a plan for the formation of Chula Vista Tourism Marketing District (CVTMD) which will levy aself-assessment on motel and hotel rooms. The CVTMD will create a source of funding for renewed operation of the Convention and Visitors Bureau and for expanded promotion of tourism opportunities in the City. (Deputy City Manager/Development Services Director) Staff recommendation: Council hear the public testimony. OTHER BUSINESS 10. CITY MANAGER'S REPORTS 11. MAYOR' S REPORTS A. Ratification of the appointment of Juan Ulloa to the Resource Conservation Commission. B. Consideration of proposed appointment process to fill the current vacancy on the Board of Port Commissioners for the San Diego Unified Port District. 12. COUNCILMEMBERS' COMMENTS Councilmember Ramirez: Consideration and action for potential appointment of Interim Port Commissioner. 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). 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): A. Chula Vista Citizens for Jobs and Fair Com,~etition et al. v. Donna Norris, et al., United States District Court, Case No. 09CV0897BEN(JMA) B. Sergio Lopez v. City of Chula Vista, et al., United States District Court, Case No. 07CV 1272.WQH.BLM Page 5 -Council Agenda http•//www.chulavistaca.gov May 26, 2009 ADJOURNMENT to the Regular City Council Meeting of June 2, 2009, at 4:00 p.m. in the City Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691-5041 at least forty-eight hours in advance of the meeting. Page 6 -Council Agenda http://www.chulavistaca.gov May 26, 2009 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA January 13,2009 5:00 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 5:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager Sandoval, Assistant City Manager Tulloch, City Attorney Miesfeld CLOSED SESSION I. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Umepresented Groups No reportable action was taken on this item. ADJOURNMENT At 6:00 p.m., Mayor Cox adjourned the meeting to the next Regular Meeting of the City Council, January 13,2009 at 6:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk ~.-> . lit DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AL'ID A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA January 13, 2009 6:00 P.M. A Regular Meeting of the City Council and a Special Meeting of the Redevelopment Agency of the City of Chula Vista was called to order at 6:08 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council/Agency Members Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox ABSENT: None ALSO PRESENT: City Manager/Executive Director Sandoval, City Attorney/General Counsel Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY INTRODUCTION BY RECREATION DIRECTOR BUCK lVIARTIN, OF EMPLOYEES OF THE MONTH, ELIZABETH KOLATA, AQUATIC SUPERVISOR II, AND KARINA CRAIG, AQUATIC SUPERVISOR I Recreation Director Martin introduced the employees of the month, Elizabeth Kolata and Karina Craig. Mayor Cox read the proclamations and Deputy Mayor McCann presented them to Elizabeth and Karina. . OATHS OF OFFICE: Betsy (Grace) Cory and Sassan Rahimzadeh to the Resource Conservation Commission. Deputy City Clerk Bennett administered the Oath of Office to Commissioners Cory and Rahimzadeh, and Councilmember Bensoussan presented them with Certificates of Appointment. CONSENT CALENDAR ~ City Council and Redevelopment Agency (Items 1-3) City Council and (Item 4) Joint City Council and Redevelopment Agency Item 4 was removed from the Consent Calendar for discussion by members of the public and by Councilmember Castaneda. Deputy Mayor McCann and Councilmember Bensoussan stated that they would be abstaining from voting on Item I. Page 1 - Council/RDA Minutes January 13, 2009 /6"'/ DRAFT CONSENT CALENDAR (Continued) 1. APPROVAL OF MINUTES of October 7, 2008. Staff recommendation: Council approve the minutes. 2. RESOLUTION NO. 2009-002, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA At\1ENDING THE FISCAL YEAR 200812009 BUDGET AND APPROPRIATING A TOTAL OF $9,586.30 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE OAKWOOD DEVELOPMENT, INe. (4/5THS VOTE REQUIRED) Oakwood Development, Inc. has paid fees to satisfy certain permit fees for its Village 2 R-14 Tavera Models (Permit Number BR07-0100). Oakwood Development, Inc. is now requesting a refund of the fees. (City Engineer/Public Works Director) Staffrecommendation: Council adopt the resolution. 3. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.24.060 (FIRST READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.28.015 (FIRST READING) C. RESOLUTION NO. 2009-003, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA PHOTOVOLTAIC PRE- WIRING INSTALLATION REQUIREMENTS D. RESOLUTION NO. 2009-004, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA SOLAR HOT WATER HEATING PRE-PLUMBING INSTALLATION REQUIREMENTS On July 10, 2008, Council approved Resolution No. 2008-177, which adopted the implementation plans for the Climate Change Working Group (CCWG) measures and approved partial implementation of the measures based on funding levels. The proposed ordinances amend the Electrical Code and the Plumbing Code to require new residential units to be pre-wired for future photovoltaic systems and pre-plumbed for future solar water heaters, respectively. Adoption of the ordinances is a partial implementation of CCWG Measure No.5, Solar and Energy Efficiency Conversion. (Deputy City Manager/Development Services Director) Staff recommendation: Council hold first reading of the ordinances, and adopt the resolutions. 4. Item 4 was removed from the Consent Calendar. Page 2 - Counci1/RDA Nlinutes January 13, 2009 /6~.A DRAFT CONSENT CALENDAR (Continued) ACTION: Mayor Cox moved to approve staffs recommendation and offered Consent Calendar Item 1, heading read, text waived. Councilmember Ramirez seconded the motion and it carried 3-0-2, with Deputy Mayor McCann and Councilmember Bensoussan abstaining. ACTION: Councilmember Ramirez moved to approve staffs recommendations to adopt Consent Calendar Items 2 and 3, headings read, text waived. Deputy Mayor McCann seconded the motion and it carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $1,400,000 FROM THE 2008 REDEVELOPMENT AGENCY TAX ALLOCATION REFUNDING BONDS FOR REPAYMENT TO THE CITY OF CHULA VISTA OF THE AGENCY LOAN; APPROPRIATING $1,400,000 FROM THE CITY OF CHULA VISTA GENERAL FUND TO A NEW CAPITAL IMPROVEMENT PROJECT FOR THE PURCHASE OF VACANT PROPERTY LOCATED AT 275 ORANGE AVENUE AND ITS DEVELOPMENT AS A PUBLIC PARK; AL'ID APPROVING THE REAL PROPERTY ACQUISITION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK ENTERPRISES, L.P. AND ACCEPTANCE OF THE GRANT DEED FOR SAID PROPERTY (4/5THS VOTE REQUIRED) The City of Chula Vista currently has an opportunity to purchase 1.82 acres of vacant property currently used as open space storage for Palms Mobile Estates at 275 Orange Avenue for the purpose of developing an urban park within the Southwest community. Staff is recommending that the City purchase the vacant property for its development as a park and execute the Real Property Acquisition Agreement for the subject property. Acquisition costs are to be financed through those available funds resulting from payment by the Agency on its City loan. (Deputy City Manager/Development Services Director) Staff recommendation: Council/Agency adopt the resolution. Steven Pavka, Chula Vista resident, questioned the City's ability to develop a public park, given its current financial crisis. Theresa Acerro, Chula Vista resident, representing the South West Chula Vista Civic Association, addressed concerns about the lot size being. inadequate. She suggested purchasing the larger lot across the street from the proposed lot, or combining the proposed lot with a comer lot. Council/Agency Member Castaneda stated there was inadequate input by the community about the park project. Further discussion ensued between staff and Council/Agency Member Castaneda about the process undertaken by staff to purchase the vacant property. City Manager Sandoval pointed out that the funding for the park project would come from Redevelopment funds, and not the City's General Fund. Page 3 - CouncillRDA Minutes January 13, 2009 Jet ~ 3 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) CouncillAgency Member Ramirez spoke in favor of tabling the item for two weeks, to have staff look at other park opportunities, and determine whether or not the proposed vacant property was the best option. Council/Agency Member Bensoussan recommended re-assessment of the proposed property value in terms of current market standards, and suggested that staff provide community outreach for input on planning ideas for the property. Council/Agency Member McCann spoke with respect to the City's financial situation and concerns about additional costs associated with acquiring the proposed property. He suggested instead, that the funds be utilized for installing solar panels at the South County Library and/or at the Otay Recreation Center, or street safety features such as medians, that would create a return on investment and decrease operational costs for the City. Council/Agency Member Ramirez clarified that he favored moving forward with park space as soon as possible, especially in Southwest Chula Vista. Chair/Mayor Cox recommended separating the proposed resolution to approve the transfer of $1,400,000 from the Redevelopment Agency to the General Fund, and to have staff come back with other park space options in the western portion of the City. CouncillAgency Member Castaneda stated he could not support the item without further public outreach, and the need to establish a community outreach program prior to the purchase of the property. Finance Director Kachadoorian recommended against the fund transfer, since the City could not draw upon the cash until a capital project was identified. It was the consensus of the Council/Agency Members to direct staff to return with this item at a future Council/Agency Meeting. No action was taken on this item. PUBLIC COMMENTS Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, spoke in opposition to the proposed MMC peaker power plant. PUBLIC HEARINGS 5. CONSIDERATION OF AMENDING REASSESSMENTS WITHIN REASSESSMENT DISTRICT NOS. 2001-1 AND 2001-2 AND DIRECTING ACTIONS WITH RESPECT THERETO Page 4 - CouncillRDA Minutes January 13, 2009 /16-tf DRAFT PUBLIC HEARINGS (Continued) The City has formed assessment districts to provide funding for infrastructure under the Municipal Improvement Act of 1913. The Act requires that when a parcel of land that has unpaid assessments splits, the original assessment must be segregated and apportioned with the parcels being reconfigured and/or subdivided in order to redistribute the assessment lien to the newly created parcels. The apportionment process records the lien on the newly created parcels and assigns specific benefit to each parcel. If the property owner does not file an application, the City is required to complete the apportionment through the Public Hearing process. At this time, there are a number of outstanding apportionments that require that the assessment liens be apportioned to the newly created parcels. This hearing was continued from the meeting of January 6, 2009. (City EngineerlPublic Works Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, she then closed the public hearing. ACTION: Deputy Mayor McCann moved to adopt the following Resolution Nos. 2009-005 and 2009-006, headings read, text waived: A. RESOLUTION NO. 2009-005, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFlR1\1ING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2000-1 AND DIRECTING ACTIONS WITH RESPECT THERETO B. RESOLUTION NO. 2009-006, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-2 AND DIRECTING ACTIONS WITH RESPECT THERETO Councilmember Ramirez seconded the motion and it carried 5-0. Item 8 was taken out of order and discussed at this time. 8. MA YOR/CHAIR'S REPORTS Consideration of the Mayor and Council Department's budget. Mayor Cox referenced a handout distributed on the dais to the Council regarding the Mayor and Council budget, and a joint proposal by she and Councilmember Castaneda, setting the levels of supplies and services for the Council's budget at 50 percent of the Mayor's budget, reducing funding in Promotions and Professional Services by 30 percent, and reducing funding in travel, meetings, and conference items by 25 percent, with savings returned to the General Fund. The proposal included eliminating the Mayor's Chief of Staff and Coastal Advisory positions, and adding the equivalent to a Council Aide position to the Mayor's office, resulting in a total of $250,000 to be returned to the General Fund for the 2009/2010 Fiscal Year. . Page 5 - CounciURDA Minutes January 13,2009 I/.!r 5'" DRAFT MA YORJCHAIR'S REPORTS (Continued) Theresa Acerro, Chula Vista resident, spoke in support of the proposed recommendation. She suggested that Councilmembers pay a portion of their pension fund. She also suggested placing a measure on the ballot to amend the Charter with respect to Council salaries. ACTION: Councilmember Bensoussan moved to approve the proposed recommendations by Mayor Cox and Councilmember Castaneda to eliminate the Chief of Staff position for the 2009/2010 year, eliminate funding for the Mayor's Coastal Advisor position, add the equivalent to a Council Aide position to the Mayor's office, resulting in General Fund savings of $250,000. Councilmember Ramirez seconded the motion and it carried 5-0. ACTION ITEMS 6. CONSIDERATION OF AUTHORIZATION FOR THE CITY MANAGER TO IMPLEMENT THE BUDGET REDUCTION PLAN (Continued from January 6, 2009) Current revenue and expenditure projections indicate General Fund Budgetary shortfalls of $3.9 million and $20.0 million for fiscal years 2008-2009 and 2009-2010, respectively. In early December, the Interim City Manager submitted a budget reduction plan for Council's consideration. This plan was the subject of the December 4, 2008 Council Budget workshop and the December 9 and December 16,2008 and January 6, 2009 Council Meetings. The budget reduction plan has been updated by the City Manager to reflect additional cost saving measures, including department reorganizations. Adoption of resolutions will authorize the City Manager to begin implementation of the budget reduction plan. The budget reduction plan identifies sufficient expenditure reductions to correct the structural imbalance in the General Fund. (City Manager) A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE BUDGET REDUCTION PLAN, EXCLUDING THE PROPOSED CLOSURE OF P ARKW A Y POOL AND GYMNASIUM B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MA1~AGER TO IMPLEMENT THE BUDGET REDUCTION PROPOSALS FOR THE CLOSURE OF P ARKW A Y POOL AND GYMNASIUM Councilmember Castaneda referenced a memorandum distributed on the dais for Council consideration, dated January 13, 2009, from he and Councilmember Ramirez with additional recommended budget reductions to turn off 1,058 street lights on non-residential streets in Chula Vista for a savings of $150,200, and to eliminate the City of Chula Vista's contributions to all 401(a) accounts, for a savings of$281,000. Page 6 - CounciVRDA Minutes January 13.2009 ~~l~ DRAFT ACTION ITEMS (Continued) Councilmember Ramirez commented on the elimination of the 401(a) contributions, and suggested replacing the word "eliminate" with the word, "suspend". Deputy Mayor McCann stated that he is supportive of suspending the 401(a) contributions, but expressed concern about dimming street lights in terms of possible lawsuits and associated legal fees. City Manager Sandoval responded to the suspension of the 401(a) contributions, pointing out that over the past three years and for fiscal years 2008/2009 and 2009/2010, employees had voluntarily forgone their four percent COLA's (cost of living adjustments), and had accepted a mandatory furlough. Finance Director Kachadoorian, presented the City's proposed budget reduction plan. City Manager Sandoval explained that staff had documented comments by the Council and the public about possible adjustments to the budget cut list, and had undertaken notification of layoffs to designated employees. He also addressed the Nature Center and the financial impact of its relationship with the City. He stated that staff would be bringing forward for Council consideration, a Fiscal Heath Plan with ways to address the City's severe financial condition, provide stability for future financial problems, provide for meaningful public input, and provide sustainability for the City. Mark Bikkerstaff, Chula Vista resident, representing the Chula Vista Youth Sports Council and Elite Softball, was pleased to see the retention of park maintenance crews, and the recommendation to restore the Park Ranger program, stating it would assist with child safety. Laura B. Cox, Chula Vista resident, spoke in support of retaining the Nature Center operations. Mitch Hall, San Diego resident, spoke in support of retaining the Nature Center, and offered his assistance with pursuing grant funding for the Nature Center. Manami Wazanabe, La Mesa resident, spoke in support of retaining the Nature Center. Isabelle Espino, Chula Vista resident, thanked the Council for restoring the Eastlake Library services. She offered revenue-generating ideas that included installation of parking meters at Otay Ranch Center. She stated that she did not believe it was the City's responsibility to provide passport services. Randy Bellamy, Chula Vista resident, representing Kiwanis Division II, spoke of the need for a resurgence of volunteerism and civic pride. He encouraged the Council to utilize the services of the Kiwanis, and invited members of the audience to join the Kiwanis organization to make a difference. Shayna Cribbs, San Diego resident, and teacher at Explorer School, spoke in support of retaining the Nature Center. Daniel Marquez, Explorer School student, spoke in support of retaining the Chula Vista Nature Center. Francisco Garcia Jr., Chula Vista resident, spoke in support of retaining the Chula Vista recreation centers and programs. Page 7 - CouncillRDA Minutes January 13, 2009 /8-7 DRAFT ACTION ITEMS (Continued) Riley Twiss, Chula Vista resident, spoke in support of eliminating the 401(a) plan, car allowances, and professional promotional services. Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association, suggested that staff presentations at Council Meetings be updated to reflect any changes. Gloria Molina Estolano, Chula Vista resident, spoke in support of the proposed budget reductions in the Office of the Mayor and Council, and restoring other personnel positions and City services. She read student and teacher letters supporting retention of the Chula Vista recreation centers and programs, the Nature Center, and Libraries. Itzel Nuno, Chula Vista resident, thanked the Council for restoring the Eastlake Library and services. She commented on the need to keep the best interests of the community in mind regarding cuts in City services and programs. Carolyn Woodbury, Chula Vista resident, offered suggestions for budget reductions that included eliminating car allowances and replacing them with mileage, or using City vehicles for business, convert street lighting to solar power, replace City buildings with energy-efficient fluorescents, collect debts owed to the City, implement sliding scale fees for youth programs, retain the Nature Center and seek ways to separate its financial dependence on the City. Rosie Bystrak, Chula Vista resident, spoke in support of retaining STRETCH and DASH programs and staff. She suggested raising business permit fees to generate revenue. Patricia Lyons, San Diego resident, spoke in support of keeping Eastlake Library open. She encouraged the Council to think more seriously about revenue generating ideas over the long term. Richard Preuss, representing Chula Vista Employees Association, thanked City staff, CVEA members and the negotiators for their collaborative efforts to assist the City with its budget reductions. He stated that it was important for everyone to work together and to place community first. The following members of the public did not speak, but submitted speaker slips in support of retaining the Nature Center: Mitzi Swift, Coronado resident Nancy Stimebuck, Chula Vista resident Daniel Pagano, Chula Vista resident Bill Canedo Lucas Pierotti, Chula Vista resident Donna Pierotti, Chula Vista resident Ryan Whaley, Chula Vista resident Fred Stearley, Chula Vista resident Zaneta Encarnacion, Chula Vista resident Patricia Chavez, Chula Vista resident Stephanie Kingston, Chula Vista resident M. Beauchamp, Chula Vista resident Elizabeth Longacre, Concord resident Shilo Felton, San Diego resident Judy Cave, Chula Vista resident Mary Cosio, Chula Vista resident Finance Director Kachadoorian clarified that the $4 million budget gap for this fiscal year was the most current information available and was based on the first quarterly financial report. She also explained that the projected deficit for fiscal year 2010 was $20 million, and the proposed budget reduction plan was a plan to mitigate that deficit. Page 8 - Council/RDA Minutes 1t3-f January 13, 2009 DRAFT ACTION ITEMS (Continued) Director of Conservation and Environmental Services Meacham spoke about energy modifications at City Hall, stating that City Hall was built 26% above Title 24 requirements, and the Police Department was built 21 % above Title 24 requirements. He stated that staff would be returning to Council with proposed energy saving projects, as well as a proposal for installing solar panels on City buildings. Mayor Cox asked, and City Manager Sandoval confirmed that the Eastlake Library would be removed from the proposed list of major impacts since it was removed from the cut list. Regarding the transfer of STRETCH and DASH to another vendor, Mayor Cox stated that she had spoken with staff from YMCA and Chula Vista Elementary School District to look at establishing partnerships for these programs. She then asked for confirmation of her understanding that library programs and outreach would be reduced rather than eliminated, and that the Heritage Museum's operation would continue as a result of a donation. City Manager Sandoval confirmed these statements. She also spoke regarding closure of the Nature Center. She stated that two major donors, each donating $125,000, had conditioned their donations based upon creation of a sustainability plan for the Nature Center. Additionally, she announced that the City had recently received a contribution of $100,000 for the Nature Center with no strings attached. Mayor Cox asked the Council to consider continuing the City's relationship with the Nature Center and approve earmarking $ 100,000 of the savings that came from the Department of Mayor and Council due to recent reductions, to continue funding the operation of the Nature Center. Deputy Mayor McCann spoke in support of continued operation of the Nature Center, while a sustainability plan was being crafted. Councilmember Bensoussan spoke in support of continued City funding for the Nature Center, with collaborative efforts by donors, while a sustainability plan was being crafted. She also spoke in support of the proposed contribution of$IOO,OOO from the savings from the Mayor and Council's budget cuts for the continued operation of the Nature Center. Councilmember Castaneda stated that there may be a need to look at additional cuts and resources, since he was unsure that $ I 00,000 would be adequate to cover this year and part of next fiscal year. Councilmember Ramirez spoke in support of continued operation of the Nature Center. Discussion regarding the budget reduction plan and its impacts continued at this time. Deputy Mayor McCann requested an update on cell phone tower leases in terms of a potential revenue source for the City. Conservation and Environmental Services Director Meacham responded, stating that selling the leases would generate a one-time revenue, as opposed to receiving annual lease payments for the long term. It was the consensus of the Council to request that staffreturn with additional information regarding cell tower leases. Page 9 - CounciI/RDA Minutes January 13, 2009 /6~9 DRAFT ACTION ITEMS (Continued) ACTION: Deputy Mayor McCann moved to eliminate the 401(a) matching contributions until further notice. Councilmember Castaneda seconded the motion. Discussion ensued regarding the possible elimination or suspension of the 401(a) matching contributions. Finance Director Kachadoorian explained that the 401(a) plan included Executive and Senior employees, City Manager, City Attorney, and City Clerk, stating that she would report back to the Council on whether or not the plan could be suspended. Additionally, should the plan be eliminated, Ms. Kachadoorian suggested consideration of a plan to allow employees to continue contributing to the 401(a) without matching funds by the City, as well as the possibility of employees leaving the City to contributing vacation balances in the plan. City Attorney Miesfeld clarified that the City Manager, City Attorney, and City Clerk were under separate contract, which would require re-negotiation. He also stated that his office had not reviewed the legality of the elimination of the 401(a) matching contributions. He proposed that the motion be made pending review by the Finance Director and the City Attorney. Deputy Mayor McCann stated that if there was a legal problem, staff should report back to Council, but otherwise, implementation should be immediate. ACTION: Deputy Mayor McCann amended his motion to suspend 401(a) matching contributions by the City of Chula Vista for current recipients, other than City Manager, City Attorney, and City Clerk, immediately, and for fiscal year 2009/2010. Councilmember Castaneda seconded the motion and it carried 4-1 with Mayor Cox opposed. With respect to the proposal to turn off certain street lights, Deputy Mayor McCann stated that the potential for resulting legal ramifications and lawsuits against the City would counter any cost savings achieved by turning off the street lights. Further discussion ensued between Deputy Mayor McCann and City Attorney Miesfeld about estimated costs by the City for defending lawsuits. Councilmember Ramirez spoke in support of shutting off street lights in areas of minimum risk to the City. Councilmember Bensoussan spoke in support of shutting off street lights, with a condition to exclude urban areas such as Broadway, and on parkways with no pedestrian traffic. Mayor Cox suggested that the motion include permitting staff to assess the removal of street lights, rather than stipulating a particular number of lights to remove. ACTION: Councilmember Ramirez moved to proceed with dimming street lights at the discretion of staff, and to work in conjunction with the City Attorney to minimize liability. Councilmember Castaneda seconded the motion and it carried 3-2, with Mayor Cox and Deputy Mayor McCann opposed. Page to - Council/RDA Minutes /e -10 January 13,2009 DRAFT ACTION ITEMS (Continued) ACTION: ACTION: Deputy Mayor McCann moved to operate the Nature Center for the next 90 days, with an immediate analysis of contributions to the City and its effects on the City, and to come back in 90 days to ensure that a sustainability plan is in place. The motion died for lack of a second. Mayor Cox offered an amended motion, and Deputy Mayor McCann conceded, to operate the Nature Center while the sustainability plan was crafted and implemented with a completion date of no later than March 30, 2009, and that funding for the Nature Center be extended to June 30,2009. Councilmember Ramirez seconded the motion, and it carried 5-0. Councilmember Bensoussan spoke about the proposal to eliminate the City's funding for the South County Economic Development Council. To that end, she suggested that the contribution amount be lowered, rather than eliminated, stating that it would be sending the wrong message with respect to the City's investment in jobs and businesses. ACTION: Councilmember Bensoussan moved to maintain a fund contribution to the South County Economic Development Council. Councilmember Ramirez seconded the motion. City Manager Sandoval stated that staff would contact the South County Economic Development Council to discuss an acceptable contribution by the City to maintain its partnership. ACTION: Councilmember Bensoussan amended the motion, adding that the City Manager be authorized to make a contribution to South County EDC at his discretion. Mayor Cox suggested that the Chamber of Commerce and CONVIS be included in the motion for funding contributions, since they currently receive no funding from the City, but who look out for the economic development of the City. Councilmember Bensoussan responded that she was not familiar with the operations of the Chamber of Commerce and CONVIS, and although she looked forward to learning more about their operations, she opposed including them. Councilmember Ramirez seconded the amended motion and it carried 5-0. Councilmember Bensoussan suggested that high priority be given to the STRETCH and DASH programs when budget adjustments were brought back to the Council. Councilmember Castaneda suggested that the Chamber of Commerce bring forward initiatives that would allow the City to work with them to help promote local businesses. Deputy Mayor McCann talked about the Staffing for Adequate Fire and Emergency Response (SAFER) grant, and asked what would trigger default of the SAFER Grant, which would result in the City's repayment of $790,000. Fire Chief Hanneman responded that it was his understanding for the SAFER Grant personnel, that the grant required a specific allocation of fire personnel, and any elimination of positions would trigger repayment of the funding. January 13,2009 Page 11 - CouncilJRDA Minutes 1/.3-11 DRAFT ACTION ITEMS (Continued) ACTION: Deputy Mayor McCann moved to continue Item 6A to the meeting of January 20, 2009. The motion died for lack of a second. City Manager Sandoval noted that a revised resolution for Item 6 was provided on the dais that excluded the proposed closure of Parkway Pool and Gymnasium. Mayor Cox further clarified that 6B was no longer necessary since the closure of Parkway Pool and Gymnasium had been removed from the budget reduction plan, and the revised resolution replaced 6A. City Attorney Miesfeld advised that since the proposed revised resolution for Item 6 essentially excluded Parkway Pool and Gymnasium, Councilmember Castaneda should abstain from voting on the revised resolution due to the location of his property. Alternatively, City Attorney Miesfeld then suggested that a vote be taken in two parts. The first vote would be on Item 6A with his proposed revision to replace the words, "closure of' with the words, "continuation of services at." The second vote would be on Item 6B, with Council member Castaneda abstaining, revised to replace the words, "closure of' with the words, "continuation of services at" as follows: 6. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE BUDGET REDUCTION PLAN, EXCLUDING THE PROPOSED CLOSURE OF CONTINUATION OF SERVICES AT PARKWAY POOL AND GYMNASIUM 6. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MAt'\fAGER TO IMPLEMENT THE BUDGET REDUCTION PROPOSALS FOR THE CLOSURE OF CONTINUATION OF SERVICES AT PARKWAY POOL AND GYMNASIUM ACTION: Councilmember Bensoussan moved to adopt the following Resolution No. 2009- 007 as revised, heading read, text waived: 6. A. RESOLUTION NO. 2009-007, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE BUDGET REDUCTION PLAN, EXCLUDING THE CONTINUATION OF SERVICES AT PARKWAY POOL AND GYMNASIUM Councilmember Castaneda seconded the motion. Deputy Mayor McCann stated that time should be allowed for the City's Police and Fire bargaining groups to conclude their negotiations. He also requested a staff analysis on the savings from the 401(a) plan, and further information on the proposed Council budget reductions, SAFER grant, and cell phone tower leases. The motion carried 4-1, with Deputy Mayor McCann opposed. Page 12 - CounciVRDA Minutes January 13, 2009 /13 -/J-. DRAFT ACTION ITEMS (Continued) ACTION: Councilmember Ramirez moved to adopt the following Resolution No. 2009-008 as revised, heading read, text waived: 6. B. RESOLUTION NO. 2009-008, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE BUDGET REDUCTION PROPOSALS FOR THE CONTINUATION OF SERVICES OF P ARKW A Y POOL AND GYMNASIUM Councjlmember Bensoussan seconded the motion and it carried 4-0-1, with Councilmember Castaneda abstaining. Mayor Cox recessed the meeting at 10:11 p.m. The meeting reconvened at 10:29 p.m. with all members present. OTHER BUSINESS 7. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS City Manager/Executive Director Sandoval announced that Albertson's on Orange Avenue would be closing down on February 19,2009. 8. MAYOR/CHAIR'S REPORTS Consideration of the Mayor and Council Department's budget. This item was taken out of order and discussed after Item 5. Mayor Cox announced the City's receipt of a letter from Housing and Urban Development announcing its approval of the City's application for the Neighborhood Stabilization Program, with funding in the amount of $2,830,000. 9. COUNCIL! AGENCY MEMBERS' .COMMENTS Deputy Mayor McCann - Request for Council support of High Speed Rail Project through South County. ACTION: Deputy Mayor McCann moved to place the High Speed Rail Project on the agenda in two weeks. Mayor Cox seconded the motion and it carried 5-0. Deputy Mayor McCann thanked staff and the public for its work regarding the budget. Councilmember Ramirez spoke about traffic issues related to ongoing street construction between Eastlake High School and the Home Depot shopping center, and requested staff to provide an update report on the status of the construction. Page 13 - Council/RDA Minutes January 13, 2009 /<80//3 DRAFT COUNCIL/AGENCY MEMBERS' COMMENTS (Continued) Councilmember Bensoussan stated that she was unable to attend the State of the Chamber on January 13, 2009, but looked forward to learning more about the Chamber's upcoming projects and endeavors, and establishing a positive relationship. Mayor Cox announced that the Council had concluded its Closed Session discussions regarding the following items at its 5:00 p.m. Special Closed Session Meeting: CLOSED SESSION 10. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 A. Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder B. Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups ADJOURNMENT: At 10:35 p.m. Mayor Cox adjourned the meeting to the Regular Meeting of the City Council on January 20,2009 at 6:00 p.m. in the Council Chambers. ~ . Lorraine Bennett, CMC, Deputy City Clerk ~' Page 14 - CouncillRDA Minutes /<::1 ~11 January 13, 2009 RE"CI\""" . ~-' L. ~I i..:... ;..... May 15,2009 "09 MAY 18 A1D:57 To: From: Re: The Honorable Mayor Cheryl Cox Port Commissioner Michael Najera Resignation as Port Commissioner of Chula Vista CITY OF CHULA Vie, CITY CLERK'S OFFIC;' Dear Mayor Cox: These past two weeks I was faced some great realities. I have a wonderful family and network of friends who support me and I have enjoyed a successful term as a port commissioner for my community. It has been a great experience and I contributed to finding positive solutions. I have faced down the realities of local politics and like so many others here and across the country I know the realities of to day's recession, especially for the construction industry that I have been part of, and will continue to be, for all my life. I also had to face the reality of whether to initiate legal proceedings against the City of Chula Vista to protect my legal rights. I feel strongly that my legal position was strong. However, I have determined that a protracted legal battle against my beloved hometown is not in my best interests, and more importantly it's not in the best interests ofChula Vista's taxpayers, since they are the ones that would have to foot the legal bill. I am going to stay away from the blame game and focus on the positive experience, the great Commissioners and staff I worked with at the Port of San Diego and the City of Chula Vista and look forward to serving my community again in other capacities. After all this I am still the hard working, former laborer and defensive lineman who played football at Marian (Mater Dei) and Southwestern College. I am confident that under President Obama we will find the will and the right port projects for our bay front. We thought we had it with Gaylord, but the economics were not there due to transportation improvement costs (among other competing factors). Given all due consideration, for now I have decided that it is my best interest to resign from the port commission and concentrate my efforts on several exciting new business ventures. My resignation is effective today, May 15,2009. I have enjoyed serving my community and wish my successor well. I thank the people of Chula Vista and those who appointed me to serve in this voluntary position. Very Sincerely, Michael Najera 02 CITY COUNCIL AGENDA STATEMENT .. ~lft- CI1!' OF " ~ - (HUlA VISTA May 26, 2009 Item~ ITEM TITLE: RESOLUTION OF THE CITY COIJNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF UIE MUNICIPAL ELECTION HELD IN THIS CITY ON i\lL<\ Y 5, 2009, DECLARING THE RESULTS THEREOF, Al"lD SUCH OTHER MA.TTERS AS ARE PROVIDED BY LAW SUBMITTED BY: Donna Norris, City Clerk ,J?.Af 4/STHS VOTE: YES D NO 0 SUMNLillY The San Diego Registrar of Voters (Registrar of Voters) has transmitted the certified results of the Municipal Election held on May 5, 2009" Elections Code Section 10262(b) requires the City Clerk, as t'le City elections official, to certify the results of the election to the City Council, and the Council to adopt a resolution reciting t'le fact of the election. Adoption of the resolution declares the results of the Municipal Election. EJ'i"VIRONMENTAL REVIEW A Notice of Exemption was filed with the County Clerk of the County of San Diego on January 26, 2009 concerning the proposed Transaction and Use Tax (Sales Tax), commonly knO\'ffi as Proposition A. Therefore, no additional environmental review is neceSSfu")f. RECOMMENDA nON Council adopt the resolution. BOARDS/COMMISSION RE COMMEND A TION Not Applicable. DISCUSSION A Mail Ballot Election was held on May 5, 2009 to determine whether a proposed Sales Tax (Proposition A) would be enacted by the City's electorate. Ballots were mailed to all registered voters in the City beginning April 6, 2009, and all voted ballots received by May 5, 2009 were processed by the Registrar of Voters. The certified results of the May 5, 2009 election have been received, and the results are as follows: 3-1 MA. Y 26, 2009 Item 3 Page 2 of 2 Total number of Registered Voters: Total number of Votes Cast: Turnout: 2837% 104,717 29,704 MEASURE I Percentage of Votes Cast I~~ I 20,030 I 67.50% I I I PROPOSITION A Yes I No Number of Votes DECISION i\HKER CONFLICT Staff has reviewed tbe decision contemplated by this action and has determined tbat it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(I) is not applicable to this decision. CURRENT YEAR FISCAL li"IP ACT Declaring tbe results of tbe election has no fiscal impact; however, tbe cost of the election is estimated to be $255,000. ONGOING FISCAL IMPACT There are no future expenditures associated witb declaring tbe results of tbe election. Prepared by: Donna Norris, City Clerk 3-2 RESOUJTION NO. 2009- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHlTLA VISTA RECITING THE FACT OF THE tvrUN1CIPAL ELECTION HELD IN THIS CITY ON MAY 5, 2009, DECLARING THE RESULTS THEREOF, Ac"\iTI SUCH OTHER NLA. TTERS AS ARE PROVIDED BY LAW W"HEREAS, a Municipal Maii BaUot Election was held and conducted iIl the City of Chub Vista, California, on Tuesday, May 5, 2009, as required by law, for t.~e purpose of subrnitting one baliot measUIe, the proposed Transaction a.-:td Use Tax (Sales Tax) (proposition A) to the electorate; and WHEREAS, notice of said election was duly and reguiarly given in the time, form, and manner as provided by law; and in aU respects said election was held and conducted, and W.~e votes cast at the election received and canvassed, and the returns made and declared, in the tLille, form, and manner as required by the provisions of the Elections Code of W.~e State of California for t.\:1e holdLTlg of elections in charter cities; and WHEREAS, A Notice of Exemption was fiied with the County Clerk of the County of San Diego on January 26, 2009 concerning Proposition A; and WHEREAS, pursuant to Resolution No. 2009-012, adopted Ja.-:tuary 20, 2009, the eiectioIi was conducted whoUy by mail, a.-:td the Sa., Diego Registrar of Voters canvassed the teturns of said election and has certified the results; a.,d WHEREAS, the results are received a.,d made a paIt hereof, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as foUows: SECTION 1. The MUtllcipal Election was held for the purpose of subwitting to the voters of me City the foUovving question: To vrevent furt.her cuts and Preserve general city services, X'ES . -- including public safety staffmg for emergency response, reducing crime and criminal gang/drug activity, maintaining I city streets/parks, and preserving libra.; services and youth/after-school programs; shall the Clty of Chula Vista NO adopt an ordinance enactL."'1g a one cent transactions and use (sales) ta.x, expi.ri.ng in ten years, "'1th mandatory audits, quarterly reports to Mayor and CiTY Council, and a citizens' review committee? 3-3 Resolution No. 2008- Page 2 SECTION 2. Tnis election was conducted wholly by mail. SECTION 3. Tne nUl'Ilber of ballots cast by mail was 29,704. SECTION 4. Tne Ciry Council does hereby declare that a maJonry of voters voting on Proposition A, relatin.g to a local one-percent transactions and use (sales) tax, did not vore in favor of it, and that t.l:te measure was not caIned, and shall not be deemed adopted. SECTION 5. The number of votes cast in the City for and against Proposition A are listed in Exhibit A, attached hereto and made a part hereof. SECTION 6. Tne City Clerk shall enter on the records of the Ciry Council of the City of Chula Vista a statement of the results of the election, showing the whole number of ballots cast in the City fu"ld the number of votes given in r,,'1e Ciry for and against Proposition A. Presented by Approved as to form by " Donna R. Noms,CMC Ciry Clerk L'c Bart C. Wlesfeld W<lCitv AttChne: ~o--- -' "---=-------.--' 3-4 r-'I C"' ....... co ." :.- ...... r\l-L..i-i"'/t.:J '09 MAY 11 A8 :.:!O CITY OF CHULA Vi:"'- CITY CLERK'S OFFI'> CERTIFICATE STATE OF CALIFORNIA} } ss COUNTY OF SAN DIEGO) EXHIBIT A I, Deborah Seiler, Registrar of Voters of the County of San Diego, do hereby certify that I have conducted the official canvass of the returns from the City of Chula Vista Special Mail Ballot Election held on May 5, 2009, and that the following is a statement of the result showing the total number of ballots cast and the total number of votes cast for and against the proposition. Witness my hand and official seal this 8th day of May, 2009. ~dL DEBORAH SEILER Registrar of Voters 3-5 CITY OF CHULA VISTA SPECIAL MAIL BALLOT ELECTION Tuesday May 5, 2009 - Official Results Date:05/08/09 TilDe: 12:20:23 Page: 1 of I Registered Voters 104717 - Cards Cast 29704 28.37% PROP A - CITY OF CHULA VISTA Approve 1 % Transaction/use (Sales) Toeal Number of Preclncts 1 Precincts Reportog 1 Total Votes 29675 NO 20030 YES 9645 1l:'~ ,,.,,,,....,_,,._ .~"",^""",~,..."-,,,. "~",,,,',.., .....-....._'...'Il.r~'.- Num. Report Precinct 1 . Num. Reporting 1 100.00% ~ ~ 100.0 % a 67.50% I 32.50% :!l .. .... ,.,~ 3-6 CITY OF CHlTLA VISTA D"0:05108109 SPECLA.L "MAIL B.A.LLOT ELECTION Time: 12:22:42 P3.ge: 1 of 1 Tuesday May 5, 2009 - Official Results SOVC - Statement of Votes Tt!",'i OUT PROP A. CITY OF CH1JlA VTSTA Approve 1 % T:-ansac::ion/'JSe (Sales) tax. R'g. Cards % ROll. Times Tctal YES :-;0 VOters Cast Turnout Voters COl.mted Voces Jurisdiction Wide 999001. CHUlA VlSTA-VBM Polling lO47li 0 0.00'10 104717 0 0 0 0 " Mail BaUet 104717 29704 28.J7'1J 104717 29704 29675 9645 32.50% 20030 67.500/, Total l04717 29704 28.370/< 104717 29704 29675 9645 j2.50% 2C030 67.500/, Total Polling 104717 0 O.OOo/c 104717 0 0 0 - 0 Mail Ballot 104717 29704 28.370/ 104717 29704 29675 9645 32.50% 2C030 6750oj, - . - --. - .. - . . - - . . Total I l04tl.1 29,04 28.J!Y~ L04717 29/04 2961) 964:> J2.JOA 2COJO o7.JOV", 3-7 CITY COUNCIL AGENDA STATEMENT ~(ft- CITY OF ~ (HULA VISTA MAY 26, 2009, Item~ ITEM TITLE: RESOLUTION ADOPTING THE REVISED CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2009 DIRECTOR Of ':t RESOURCES 1If CITY MANAGE J'I)- ASSISTANT CITY NAGER7 SUBMITTED BY: REVIEWED BY: SUM.MARY On February 4, 2009, President Barack Obama signed into law the Children's Health Insurance Program Reauthorization Act of 2009, which extends and expands the State Children's Health Insurance Program (SCHIP). This new law provides additional special emollment rights to employees and their dependents covered in the City's group health plan. The Internal Revenue Code requires employers to include this coverage change in their Sur;unary Plan Document (SPD). This resolution will fulfill this requirement. 4/STHS VOTE: YES D NO I X I ENVIRONMENT AL REVIEW Not applicable RECOMMENDATION Council adopt the resolution BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION On February 4, 2009, President Barack Obama signed into law the Children's Health Insurance Program Reauthorization Act of 2009, which extends and expands the State Children's Health Insurance Program (SCHIP). This new law provides additional special emollment rights to employees and their dependents covered in the City's group health plan. The Internal Revenue Code requires employers to include this coverage change in their Summary Plan Document (SPD). This resolution ,viII fulfill this requirement. 4-1 MA. Y 26,2009, Iteml Page 2 of 2 On December 16, 2008, Council approved the City of Chula Vista 2009 Cafeteria Benefits Plan, also known as the Summary of Plan Document (SPD). This SPD contains City employees' Flexible Benefits coverage including medical, dental, vision, life and flexible spending account options for Plan Year 2009. Our current Flexible Benefits Plan allows benefited employees and their dependents to emoll in a group health plan coverage when they are first eligible to participate or during open emollment period. Pursuant to Health Insurance Portability Act of 1996 (HIPAA), employees are also given special emollment opportunities during the year for qualified changes in family status. Employees have 30 days from the qualified event to request change of coverage. This new law requires the City to permit eligible employees and dependents to request emollment within 60 days in either of the following situations: o Emol! employee or dependent under the City health plan if they lose their eligibility from Medicaid plan or a SCHlP plan. o Drop dependent from City health plan if the dependent becomes eligible for a premium assistance subsidy under Medicaid or SCHIP. These new special emollments are effective April I, 2009. The special emollment period will remain at 30 days where the loss of coverage is other than the special emollment situations listed above. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(l) is not applicable to this decision. CURRENT YEAR FISCAL IMP ACT None with this action ONGOING FISCAL IMPACT None with this action A TT ACHMENTS Attachment A - Revised 2009 City of Chula Vista Cafeteria Benefits Plan Description Prepared by: Edith Quicho, Benefits lvJanager, Human Resources 4-2 City of Chula Vista CAFETERIA BENEFITS PLAN YEAR 2009 J:\EdithaQ\Editha\AGENDA STATEMENT\Plan Docwment\2009 Plan Document2.doc Page 1 of 9 4-3 City of Chula Vista Cafeteria Benefits Plan This is a Cafeteria Plan of benefits for City of Chula Vista employees and is intended to qualify under Section 125 of the Internal Revenue Code. ELIGIBILITY FOR PARTICIPATION This Plan is for the exclusive benefit of employees of the City of Chula Vista. Eligible employees are defined as individuals who are: 1. Directly employed by the City of Chula Vista, and 2. Working in a part-time or full time benefited status. Hourly employees are not eligible for this plan except for School Site Coordinators under the STRETCH Program. 3. Retired City of Chula Vista employees rehired by the City as active employees may participate ONLY in the group medical insurance premium pre-tax option under Section 125 Premium Only Plan. Other Cafeteria benefit coverage will not be available. Eligible dependents may be enrolled in medical, dental, vision and optional dependent life insurance. The employee's eligible dependents are: . Employee's legal spouse . Unmarried children who are dependent upon the employee for support if they are under 25 years of age (for medical, dental and vision coverage) and under 23 years of age (for life insurance coverage); . Unmarried children of any age if they are incapable of self-support due to mental or physical handicap and such handicap began b.efore age 25 (medical, dental and vision only); . Domestic partner . Individuals that meet all the requirements of Internal Revenue Code Section 152 (only for medical, dental and vision only) Coveraqe under Familv and Medical Leave Act Employees who are on approved leave, with or without pay, under the provisions of the Family Medical Leave Act (FMLA), are entitled to full access to their flexible benefit plan during their absence. If an employee fails to return to work after such leave for any reason other than the serious illness of the employee or the family member for whom the leave was granted or through no fault of the employee, they will be required to pay all flexible benefit plan monies paid to thell.l, or on their behalf during the absence. Coveraqe While on Leave of Absence with Benefits Employees who are authorized to take leave with benefits (e.g., Military Leave as approved by the City Council) will continue to be covered under the flexible benefit plan until expiration of leave. J:\EolthaQIEditha\AGENDA STATEMENnplan DOCl:mentl20C9 Plan Document2.doc Page 2 of 9 4-4 Coveraqe While on Leave of Absence without Benefits The City of Chula Vista does not pay for an employee's benefits if the employee is in an unpaid status for any reason than those indicated above. The employee may choose to continue their health, and certain optional benefits coverage at their own cost through the COBRA continuation plan until they return to work or for the designated length of time as determined by the City of Chula Vista. If the premiurns are not paid, the coverage will be canceled the first day of the month following the employee's last paid time. Coverage will be reinstated immediately upon the employee's return to work, or the first of the month after their return if premiums were not paid during the employee's absence. PLAN YEAR The Plan Year is from January 1 to December 31 of each year. ELECTIONS Election of benefits must occur during the open enrollment period prior to the start of each Plan Year or, in the case of a newly hired employee, within 30 days from eligibility date. Enrollment Forms Elections must be made via Employee Online within the Open Enrollment period. In addition to enrolling online, the employee must also complete and sign all appropriate applications and enrollment forms for the specific benefits selected. A newly eligible employee must complete and return the Election Form and appropriate forms to Human Resources within 30 days of hire date. Default Enrollment For Miscellaneous Employees Miscellaneous employees are benefited employees in the following bargaining groups: CVEA, WCE, MAYOR, COUNCIL, CITY ATTORNEY, CITY CLERK, EXEC, SM, MM, MMCF, MMUC, PROF, PRCF, PRUC and CONF. If an employee fails to enroll their elections via Employee Online within the Open Enrollment period, the employee's current medical and life insurance will automatically be continued in the next year as if the employee elected to keep them. All other coverage, including dental, vision and Flexible Spending Accounts, will stop. Any remaining Flex Allotment funds will be placed in the taxable Cash Payment Option. In the case of a newly eligible employee, failure to turn in the completed forms within 30 days from eligibility date will result in automatic enrollment in the least costly health plan made available by the City and the remaining funds will be placed in the taxable Cash Payment option. J:\EdithaQ\EdllhaIAGENDA STATEMENT\Plan Documentl.2009 Plan DOCl.Jment2.doc Page 3 of 9 4-5 For Safety Employees If Police Officers Association (POA) and International Association of Firefighters (IAFF) represented employees do not enroll via Employee Online and complete the necessary forms within the Open Enrollment period, they will be enrolled in Kaiser Employee Only coverage in the next year. All other options including dental and vision coverage in the current year will be stopped. Life insurance coverage will be continued in the next year. New hires or newly eligible employees who fail to submit required benefit election forms within 30 days of their date of eligibility will automatically be enrolled in the Kaiser Employee Only plan. Effective Date of Coveraqe The elections are effective for the period of January 1 to December 31 of each year. For employees hired after January 1 of a Plan Year, elections are effective for the remainder of the Plan Year following eligibility date. Benefits are prorated for employees hired after January 1 of each Plan Year. Termination of Coveraqe Upon Separation Benefits terminate at the time an employee terminates employment except for medical, dental and vision, which terminate on the last day of the month in which the employee terminates his/her employment. Life insurance coverage will remain in force 30 days from the employee's last paid day on City p~yroll. An eligible employee who terminates and is rehired within 30 days will be reinstated to his or her prior benefit elections at termination unless another qualifying event has occurred that allows a change. An employee who is reinstated after 30 days may make new elections. Qualified Chanqe in Family Status Elections are irrevocable except to accommodate changes in family status as defined in the Income Tax Regulations, 26 CFR Part 1, or to accommodate any significant curtailment or reduction of coverage under any given benefit plan, or in the case of any significant premium increase or decrease imposed by a third-party insurer. Participants who experience a change in family status may be allowed to change elections. Several examples, although not all inclusive, of the types of events that constitute a change in family status are as follows: o The marriage, legal separation or divorce of the employee o The birth or adoption of a child o The death of the employee's spouse or dependent o Court-order with specific requirement to cover dependent o Significant cost change or coverage change o Termination or commencement of employment by employee's spouse o Unpaid leave of absence by the employee or the employee's spouse Q Becominq eliaible for state premium assistance subsidv Changes are also permitted in the event of significant changes in health coverage of the employee or the employee's spouse that are related to the spouse's employment or are subject J:\EdilhaQIEditha\.AGENDA STATEMENT\Pian Documenl\2009 Plan Documen12.dQC Page 4 of 9 4-6 to the Special Enrollment Period as described in the Health Insurance and Portability and Accountability Act (HIPAA). Changes to benefit elections will be permitted only to the extent that they are consistent with and appropriate to the reason the change is requested. Proof will be required for all changes in family status. The employee must submit the request to change plan benefits within 30 days of the change in family status to Human Resources. Effective April 1, 2009, if an employee or dependent becomes eligible for premium assistance subsidy under the Medicaid plan (Title XIX of the Social Security Act), or the State Children's Health Insurance Program (Title XXI of the Social Security Act, SCHIP), the period for requesting special enrollment is 60 days from the qualifying event. The special enrollment period will remain at 30 days when the loss of coverage is other than under the Medicaid or SCHIP plan. If the request is made after the Special Enrollment Period (30 or 60 days), the change must wait until the next open enrollment period. CONTRIBUTIONS Employer contributions are a fixed amount provided by the City to each eligible employee on a non-elective basis. Salary reduction agreements are provided for in this Plan for Health Insurance premiums in excess of the employer's contributions. In the event payroll deductions for reimbursement accounts are selected and subsequently stopped due to an eligible family status change, the reactivation of the account will not be permitted until the next plan year if elected during open enrollment. FLEXIBLE ALLOTMENTS FOR MISCELLANEOUS EMPLOYEES Eligible employees are allotted funds based on their bargaining groups. These amounts are prorated for non-full-time benefited employees. The allotments are as follows: EMPLOYEE GROUP AMOUNT Confidential $ 10,176 CVEA $ 9,676 Executive $13,076 MM, MMCF, MMUC, PROF, PRCF, PRUC $10,676 Senior Managers $11,676 WCE $ 10,676 Mavor $13,076 Council Members $13,076 J.\EdilhaQ\Edilna\AGENDA STATEMENnPlan Document12009 Plan DocumentZ.doc Page 5 of 9 4-7 CITY CONTlRIBUTION FOR SAFETY EMPLOYEES (IAFF and POA) The City will pay the full cost of the Kaiser Permanente Plan premium for Safety employees and their dependents. In a non-Kaiser Health Maintenance Organization (HMO) plan, the City will pay the cost of the annual premium less $600. The employee will pay the $600 premium. If the employee is enrolling in a non-Kaiser Preferred Provider Organization (PPO) plan, the City will pay an amount equal to the City's share of the non-Kaiser HMO premium. The employee through payroll deductions will pay any difference between the City's share of the medical HMO premium and the full PPO premium cost. For dental coverage, the City will pay an amount equal to the pre-paid dental plan premium. For a PPO dental plan, the Safety employee will pay any difference between the pre-paid dental plan premium and the PPO dental plan premium through payroll deductions. In those cases where the employee pays a portion of the premiums for medical and/or dental insurance, they will be deducted from the employee's paycheck on a pre-tax basis. If the City does not meet IRS requirements, or if IRS regulations change for any reason, this benefit may be discontinued. BENEFIT PLANS Each employee must select a medical insurance coverage, unless married to another City employee and is covered under the spouse's policy. The Mayor and Councilmembers have the option to waive medical insurance coverage. The options in this plan are as follows: 1. Health Insurance (mandatory coverage) a. Kaiser Permanente Health Plan b. Aetna Open Access Managed Choice (PPO) c. Aetna Value Network (HMO) d. Aetna Full HMO e. Spouse of City employee coverage 2. Dental Insurance (optional coverage) a. Delta Care USA (HMO) b. Delta Dental PPO 3. Vision Insurance (optional coverage) a. UnitedHealthcare Vision Plan (formerly Spectera Vision) J:\Ecitr.aQ\Eaitha\AGENOA STA,EMENnPlal1 'Jccumentl2009 Plan DOC'..;ment2.doc Page 6 of 9 4-8 4. For Miscellaneous Employees, any remaining Flexible Allotment money may be used for: 1. Dependent health insurance 2. Employee and/or dependent group dental insurance 3. Employee and/or dependent group vision insurance 4. Cash Payment (taxable) 5. Dental/MedicalNision reimbursement 6. Dependent/Child Care (daycare) reimbursement Each of these benefits is described in more detail in the Employee Benefits employee booklet and in the respective Plan Documents or insurance contracts, which are incorporated here by reference. BASIC LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) The City provides $50,000 group term life insurance and AD&D at no cost to employees. In addition to basic life insurance, an employee may elect to purchase additional life insurance at group rates. Premiums are deducted from the employee's paycheck. FLEXIBLE SPENDING ACCOUNTS A Flexible Spending Account (FSA) is a way to pay eligible health and dependent care expenses of employees and their eligible dependents, with tax-free dollars. An eligible employee may set aside money on a pre-tax basis from the Flexible Allotment and/or from his/her paycheck to fund FSA accounts as follows: Miscellaneous Employees: . Cafeteria Dental/MedicalNision (D/MN) Spending Account; . Cafeteria Dependent/Child Care Spending Account; . MyFund Dental/MedicalNision (D/MN) Spending Account; and/or . MyFund Dependent/Child Care Spending Accounts Safety Emp/oyees: . MyFund Dental/MedicalNision (D/MN) Spending Account; and/or . MyFund Dependent/Child Care Spending Accounts When the participant incurs an eligible expense, the participant may submit a claim form to Human Resources for reimbursement. In accordance with IRS Notice 2005-42, deadline for reimbursement of health and dependent care expenses is extended up to 2)1, months after the end of the Plan Year. Expenses for qualified benefits incurred during the 2)1, -month grace period may be reimbursed from the benefits or contributions remaining unused at the end of the Plan Year. The effect of the grace period is that the participant may have as long as 14 months and 15 days to use the contributions before the unused amounts are forfeited. J:\EdilhaQ\Edilha\AGENDA STAT::MENTlPlan Dccument\2OC9 Plan Document2.doc Page 7 of 9 4-9 An eligible employee may elect up to $5,000 for a Payroll Deduction (MyFund) Dental/MedicalNision (D/MN) Spending Account. Single or married (filing a joint return), eligible employees may also set aside. up to $5,000, from all sources, per plan year for a Payroll Deduction (MyFund) Dependent /Child Care Reimbursement Account. A married employee filing returns separately may set aside up to $2,500 per plan year. HIPAA PRIVACY POLICY FOR HEALTH FSA ACCOUNTS The City's HIPAA Privacy Policy is in compliance with the regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), restricting the City's use and disclosure of protected health information (PHI) obtained from the City's Cafeteria Dental/MedicalNision (DMV) Care and MyFund Health Flexible Spending Accounts. CONSTRUCTION If this Plan contains contradictory provisions or if there appears to be a conflict between its provisions, the following rules apply: a. The interpretation that favors the Plan as a tax-free plan over any interpretation that might render the Plan taxable. b. Subject to paragraph (a), the rules established by the Supreme Court of California for the construction of like instruments will apply. PLAN PARTICIPATION RIGHTS As a participant in the plan, you are entitled to examine, without charge, at the Plan Administrator's office all plan documents including insurance contracts; obtain copies of all Plan Documents (at a reasonable cost) and other Plan information upon request to the Administrator. PLAN IS NOT AN EMPLOYMENT CONTRACT This plan document is not a contract of employment. Neither the creation of the Plan nor any amendment to it gives any legal or equitable right to any person against the employer. Participation in the Plan does not give any member any right to continued employment. J"\EdithaQ\Editha\AGENOA STATEMENT\Plan Document\2Q09 Plan Document2.doc Page 8 of 9 4-10 PLAN ADMINISTRATOR The Plan Administrator is the Director of the Human Resources Department or his/her designees. The address of the Plan Administrator is: 276 Fourth Avenue Chula Vista, CA 91910 Telephone: (619) 691-5096 PLAN AMENDMENT OR TERMINATION The City of Chula Vista reserves the right to amend the. Plan from time to time if deemed necessary or appropriate to meet the requirements of the Internal Revenue Code and any similar provision of subsequent revenue or other laws or pursuant to negotiations with the Employee groups; provided that no such modification or amendment shall rnake it possible for any benefit contributions or payment to be used for, or directed to purposes other than for the exclusive benefit of participating employees and their beneficiaries under the Plan. The City reserves the right to discontinue or terminate the Plan at the end of any Plan Year or in accordance with negotiations with the Employee Groups. Any such amendment, discontinuance or termination shall be effective on January 1 of any given year or such date that is agreed upon by the City and Employee Groups. No amendment, discontinuance or termination shall allow the return of funds to the City or the use of any funds for any purpose other than for the exclusive benefit or participating employees and their beneficiaries. J:\Edilt".aQIEdithaIAGENDA STATEMENT\Plan Document\2009 Plan Docl.lment2.doc Page 9 of 9 4-11 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE REVISED CAFETERlA BENEFITS PLAN FOR 2009 WHEREAS, on February 4, 2009, President Barack Obarna signed into law the Children's Health Insurance Program Reauthorization Act of 2009, which extends and expands the State Children's Health Insurance Program (SCHIP); and WHEREAS, this new law provides additional special enrollment rights to employees and their dependents covered in the City's group health plan; and WHEREAS, the Internal Revenue Code requires employers to include this coverage change in their Summary Plan Document (SPD); and WHEREAS, on December 16, 2009, Council approved the City of Chula Vista 2009 Cafeteria Benefits Plan, also known as the SPD; and WHEREAS, this SPD contains City employees' Flexible Benefits coverage including medical, dental, vision, life and flexible spending account options for Plan Year 2009; and WHEREAS, our current Flexible Benefits Plan allows benefited employees and their dependents to enroll in a group health plan coverage when they are first eligible to participate or during open enrollment period; and WHEREAS, pursuant to Health Insurance Portability Act of 1996, employees are also given special enrollment opportunities during the year for qualified change in family status; and WHEREAS, employees have 30 days from the qualified event to request change of coverage; and WHEREAS, this new law requires the City to permit eligible employees and dependents to request enrollment within 60 days in either the following situations: . Enroll employee or dependent under the City health plan if they lose their eligibility from Medicaid plan or an SCHIP plan. . Drop dependent from City health plan if the dependent becomes eligible for a premium assistance subsidy under Medicaid or SCHIP.; and WHEREAS, these new special enrollments are effective April l, 2009; and WHEREAS, the special enrollment period will remain at 30 days where the loss of coverage is other than the special enrollment situations listed above. 4-12 Resolution No. 2009- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the revised Cafeteria Benefits Plan for 2009. Presented by Approved as to form by Kelley Bacon Director of Human Resources ~--:~ 1:>(''''71( Bart C. Miesfeld City Attorney 4-13 CITY COUNCIL AGENDA STATEMENT ~\~ CITY OF ~CHULA VISTA 5/26/09, Item t;;; SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING Ai"! AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D-MAX ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER FIELD SCREENING Ai"lD ANALYTICAL MONITORING SERVICES GRANTING THE CITY MANAGER THE AUTHORITY TO APPROVE UP TO TWO ONE- YEAR EXTENSIONS TO SAID AG~NT DIRECTOR OF PUBLIC WORKS ~ I NAGER CITY MANAGE ASSIST ANT ITEM TITLE: 4/5THS VOTE: YES 0 NO ~ SUMMARY The City's NPDES permit from the Califomia Regional Water Quality Control Board, San Diego Region, requires the City to annually conduct dry weather field screening, analytical monitoring (effluent sampling, chemical analysis, observation of physical conditions, and laboratory testing), trash monitoring, and Municipal Separate Storm Sewer System (MS4) Outfall monitoring at major outfalls during the dry weather season. The purpose of such monitoring is to detect illegal discharges to the storm water conveyance system and to identify, if possible, the sources of the illegal discharges. Due to the expertise and specialized equipment necessary to perform these services, it is necessary to retain an outside consultant. Proposals were requested from qualified engineering and environmental consulting firms. Five proposals were received, and staff has determined that D-Max Engineenng, Inc. was the most qualified and also submitted the lowest bid of the three top ranked consultants. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 8 categorical exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council approve the resolution. 5-1 5/26/09, Item~ Page 2 of 5 BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION. Background One requirement of the City's National Pollutant Discharge Elimination System (NPDES) Municipal Storm Water Permit (Order No. R9-2007-0001) from the San Diego Regional Water Quality Control Board is to annually conduct dry weather field screening and analytical monitoring. Such monitoring includes effluent sampling, chemical analysis, observation of physical conditions, laboratory testing, trash monitoring, and Municipal Separate Storm Sewer System (MS4) Outfall Monitoring at major outfalls during the dry weather season (May 1 sl through September 30th of each year). The results are then used to detect illegal discharges to the storm water conveyance system and to identify, if possible, the sources of the illegal discharges. Due to the expertise and specialized equipment necessary to perform dry weather field screening and analytical monitoring services, staff considered it necessary to retain an outside consultant and requested proposals from qualified engineering and environmental consulting firms. Staff received five (5) proposals and has determined that the firm of D-~'{ Engineering, Inc. (D-MAx) is the most qualified of the five firms responding to our Request for Proposal (RFP). In addition, D-MAx submitted the lowest price of the three top-ranked consultants. Therefore, staff recommends that D- MAX be retained to perform Dry Weather Field Screening and Analytical Monitoring Services for the City of Chula Vista. The City has been performing dry weather field screening and analytical monitoring to comply with its NPDES Municipal Permit since 1994. Woodward Clyde Consultants, Kinnetic Laboratories, and D-MAX have performed these services for the City during the dry seasons of 1994-96, 1997-99, and 2000-2008 respectively. The 2006-2009 three-year agreement with D- MAX will expire on June 30,2009. In accordance with City Purchasing Guidelines, an RFP was published and the following five firms formally responded: I. Brash Industries 2. D-MAX Engineering, Inc. 3. MACTEC Engineering and Consulting, Inc. 4. PBS&J 5. TRC Following City procurement procedures, a Selection Committee, appointed by the City Manager, reviewed proposals and determined that the following three firms had previous monitoring experience related to the type of services required by the City: 1. D-MAX Engineering, Inc. 2. MACTEC Engineering and Consulting, Inc. 3. PBS&J 5-2 5/26/09, Item2 Page 3 of 5 On April 22, 2009, the three selected consultants were invited to participate in the second stage of the selection process, which included interviews and presentation of time and material maximum compensation budgets (Not-to-Exceed Amount) for Field Screening, Analytical Monitoring, Trash Assessment, MS4 Outfall Monitoring, and repon preparation (Basic Monitoring) only. In addition to the above works the Scope of Work includes upstream and as- needed investigations that will be compensated based on actual time and materials and according to unit rates included in the Agreement. The amount of time and materials for upstream and as, needed investigations are not known at this time. After careful consideration of consultant qualifications and experience, the Selection Committee determined that D-MAX and PBS&J were qualified to perform the work, although D-MAX had significantly more experience in municipal dry weather monitoring. In addition, D-MAX is very familiar with the City's MS4 as well as the various land uses, making them the strongest and most eligible candidate to implement the City's dry weather monitoring program. PBS&J proposed a slightly higher cost than D-MAX for the Not-to-Exceed amount. MACTEC Engineering had considerable experience in the development of storm water management programs and monitoring of construction sites and industrial facilities, but less direct experience with the type of municipal monitoring work required in the RFP. At the conclusion of the interview, the committee ranked the consultant firms as follows: Not-to-Exceed Amount* Basic Monitoring and Report Ranking Firm (Deliverables 1 & 2) 1 D-MAX En.gineering, Inc. $28,066.65 2 I PBS&J $29,720.00 3 I MACTEC Engineering and Consulting, Inc. $62,889.00 - *Not-to-Exceed Amount Costs mc1ude one round of held screening, trash monitoring, laboratory testing, MS4 outfall monitoring, data analysis, and reporting, and excludes upstream and as-needed investigations. The selection ofD-MAX as the most qualified firm was based upon: 1) overall better knowledge of the scope of work and NPDES regulations and requirements; 2) excellent references; 3) best presentation in the interview; 4) extensive experience in performing dry weather field screening and analytical monitoring in Chula Vista and other local jurisdictions; and 5) lower cost. Staff recommends contracting with D-MAX Engineering, Inc. based on the criteria discussed above. The Scope of Services as outlined in the Request for Proposals and detailed in the Agreement consists of four major components as follows: 1. Deliverable 1 - Basic Monitoring 2. Deliverable 2 - Report 3. Deliverable 3 - Source Identiiication Upstream Investigations 4. Deliverable 4 - As-needed Monitoring 5-3 5/26/09, Item S Page 4 of5 During the RFP and interview processes, the consultants were informed of the components ofthe Scope of Work, and consultants selected for the interviews were requested to submit their proposal for the Not-to-Exceed Limitation amount (Paragraph 11.C.(l)) of the Standard Form Two Party Agreement) for Items I and 2 above (Basic Monitoring and Report). For the three top ranking consultants, these amounts are shown in the above table. Time required for Source Identification Upstream Investigations and As-Needed Monitoring services (Item 3 and 4) is dependent upon unforeseeable factors, including the number of pollutant observations and difficulty of source identification. For this reason, an additional $40,000, which is based on previous years' experience, is included in the Agreement to cover such costs. However, according to the Agreement, expenditure of the latter amount will only be made at City staffs direction on a time and material basis and at rates included in the Agreement. By approving this resolution, the City will enter into an agreement with D-MAx Engineering, Inc. to perform Dry Weather Field Screening and Analytical Monitoring Services on an hourly rate/unit cost basis for a total fee, which will not exceed $68,066.65 in Fiscal Year 2009-2010. The initial agreement will be for one year. Provisions are included allowing the agreement to be extended, at the City's sole discretion, for two additional one-year terms. Unit rates for all tasks will increase 4% annually for each of the additional two one-year terms. Agreement extensions will have to be approved by the City Manager. The possible extension of the agreement for up to two years was included in the Request for Proposal and in the proposed agreement to encourage better hourly rates and unit costs by providing the possibility of a longer-term agreement, to avoid the time-consuming selection process each year, and to maintain continuity in the overall program. Approval of the proposed resolution will authorize the City Manager to extend the agreement for up to two years, depending upon satisfaction with the consultant's work and available funding in future budgets. We anticipate the fee for future said Programs will be programmed as part of the City's Fiscal Year FY 2010-2011 and 2011-2012 NPDES Program budgets. Failure to comply with any aspect of the City's NPDES Municipal Permit may expose the City to enforcement action by the Regional Board, or third party lawsuits. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and, consequently, the 500 foot rule found in California Code of Regulations Section l8704.2(a)(1) is not applicable to this decision. CURRENT FISCAL IMP ACT There are no fiscal impacts during the current year, since the agreement effective date is July I, 2009. ONGOING FISCAL IMPACT Fiscal impact for Fiscal Year 2009/2010 will not exceed $68,066.65. This number will increase by 4% per year for the following two years. It is expected that the Regional Water Quality Control Board will re-issue the NPDES Municipal Permit in January of2012. Fiscal impacts for subsequent years will depend on dry weather monitoring requirements of the re-issued permit, which are not known at this time. 5-4 5/26/09, Item ":::> Page 5 of 5 Funds to cover dry weather monitoring services costs are programmed as part of the City's Fiscal Year NPDES program budget. A TT ACHlYIENTS Agreement with D-Max Engineering, Inc. Prepared by: Khosro Aminpour. Senior Civil Engineer, Department of Public Works K:\PUBLIC WORKS\AGE:-JDA\CAS2009\05-26-09\Dry weather monitoring.doc 5-5 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D-MA.,'( ENGINEERING, INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRY WEATHER FIELD SCREENING AND ANALYTICAL MONITORING SEVICES GRAj\fTING THE CITY MANAGER THE AUTHORITY TO APPROVE UP TO TWO ONE-YEAR EXTENSIONS TO SAID AGREEMENT WHEREAS, due to the expertise and specialized equipment necessary to perform dry weather field screening and analytical monitoring services, staff considered it necessary to retain outside consultants; and WHEREAS, staff requested proposals from qualified engmeenng and environmental consul ting firms; and WHEREAS, the selection committee appointed by the City Manager reviewed submitted proposals and determined that the following three firms had previous field screening and analytical monitoring experience: . D-MAX Engineering, Inc. . MACTEC Engineering and Consulting, Inc. . PBS&J WHEREAS, on April 22, 2009, the three selected consultants were invited to participate in the second stage of the selection process; and WHEREAS, the committee ranked the consultant firms as follows: Ranking Firm Not-to-Exceed Amount For Basic Monitoring and Report I D-MAX Engineering, Inc. 2 PBS&J 3 J\lLACTEC Engineering and Consulting, Inc. $28,066.65 $29,720.00 $62,889.00 WHEREAS, the selection of D-MAx Engineering as the most qualified firm was based upon: 1) overall better knowledge of the scope of work and NPDES regulations and requirements; 2) excellent references; 3) presentation in the interview; 4) extensive experience in performing dry weather field screening and analytical monitoring in Chu/a Vista and other jurisdictions; and 5) lowest costs. 5-6 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement between the City of Chula Vista and D-MAX Engineering, Inc. for NPDES Dry Weather Field Screening and Analytical Monitoring Services and Illegal Discharge Detection Services, a copy of which shall be kept on file in the office of the City Clerk; and BE IT FURTHER RESOL VED that the City Manager is granted the authority to approve .up to two one-year extensions to said agreement; and BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Richard A. Hopkins Director of Public Works ~ G F/ 7:>fP"'7''t Bart Miesfeld . City Attomey 5-7 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORtVI BY THE CITY ATTORi'JEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ./' >.------/~ /~ L--[:r- [)i~ Bart C. Miesfeld City Attorney 'j-14-01 Dated: Agreement between the City of Chula Vista and and D-Max Engineering, Inc. for National Pollutant Discharge Elimination System (NPDES) Dry Weather Field Screening and Analytical Monitoring Services and Illegal Discharge Detection Services 5-8 Parties and Recital Page(s) Agreement between City ofChula Vista and D-MAX Engineering, Inc. for National Pollutant Discharge Elimination System (NPDES) Dry Weather Field Screening and Analytical Monitoring Services and Illegal Discharge Detection Services This agreement ("Agreement"), dated June I, 2009 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("Ciry"), whose place of business is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business, telephone, and fa^( numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, City seeks to comply with all aspects of the 1987 Amendments to the Federal Water Pollution Control Act (Clean Water Act and its implementing regulations, 33 USCA Section 1251 et seq.), the Porter-Cologne Water Quality Control Act (California Water Code 13020 et seq.) and its implementing regulations, and the San Diego Regional Water Quality Control Board NPDES . Permit Number CAS 0108758 and any subsequent amendments thereto; and, WHEREAS, in order to comply with Federal and State law, it is necessary for City to annually conduct Dry Weather Field Screening and Analytical Monitoring (Dry Weather Monitoring) at major outfalls in order to detect illegal discharges to the storm water conveyance system and to identifY, if possible, the sources of said illegal discharges; and, WHEREAS, City had determined that it is necessary to retain the services of Consultant in order to satisfY Dry Weather Monitoring requirements; and, WHEREAS, in addition to retaining the services of Consultant in order to satisfY Dry Weather Monitoring requirements, it is necessary and desirable to retain Consultant on an on-call, as- needed retainer basis during the life of the agreement; and, WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frame herein provided all in accordance with the terms and conditions of this Agreement; Dry Weather Monitoring Agreement: D-?v!AX Engineering, Inc. June 1,2009 Page 5-9 NOW, THEREFORE, BE IT RESOLVED that City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all ofthe services described on the attached Exhibit A, Paragraph 7, entitled "General Duties;" and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties," Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services." Failure to complete the Defmed Services by the times indicated does not, except at the option of City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated \'lith said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defmed Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11, Section C, unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a marmer consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. June 1,2009 Page 2 5-10 F. Insurance Consultant represents that it and its agents, staff and sub-consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A , Class V" or better, or shall meet with the approval of the City: Stamtory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which City may otherwise carry ("Primary Coverage"), and which treats the employees of City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (l) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, ilIld further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (l) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to City a performance bond in the form prescribed by City and by such Dry Weather Monitoring Agreement: D-NL-'.X Engineering, Inc. June 1,2009 Page 3 5-11 sureties which are authorized to transact such business in the S tate of Califomia, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570.and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond," in said Exhibit A, Paragraph 19. . (2) Letter of Credit. In the event that Exhibit A, Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to City an irrevocable letter of credit callable by City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit;" in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license from City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of City A. Consultation and Cooperation City shall regularly consult Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. City shall permit access to its office facilities, files and records by Consultant throughout the term of the Agreement. In addition thereto, City agrees to provide the Dry Weather Monitoring Agreement: D-iV[A.,'( Engineering, Inc. June 1,2009 Page 4 5-12 information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after notice to proceed, shall constitute a basis for the justifiable delay in Consultant's performance of this Agreement. B. Compensation Upon receipt ofa properly prepared billing from Consultant submitted to City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Exhibit A, Paragraph 19 and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. . All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain City's account number indicated on Exhibit A, Paragraph 18, Section C to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. June 1,2009 Page 5 5-13 Time extensions for delays beyond Consultant's control, other than delays caused by City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions oftime, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Exhibit A, Paragraph 15 or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting. Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. June 1,2009 Page 6 5-14 F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except ",ith the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless 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 ",illful misconduct of Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including ",ithout limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. June 1,2009 Page 7 5-15 Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: A. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of Consultant, or Consultant's employees, agents, and officers; arising out of any services performed involving this project, except liability for Professional Services covered under Paragraph 7.B, Consultant agrees to defend, indemnify, protect, and hold harmless City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of Consultant, its employees, agents or officers, or any third party. Consultant's duty to. indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of City, its agents, officers or employees. This section. in no way alters, affects or modifies Consultant's obligation and duties under Exhibit A to this Agreement, Paragraphs 7 and 8. B.. Indemnification for Professional Services As to Consultant's professional obligation, work or services involving this Project, Consultant agrees to indemnify, defend and hold harmless City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of Consultant or Consultant's employees, agents or officers; provided, however, that Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of City, become the property of City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such Dry Weather Monitoring Agreement: D-I\IlA.'X Engineering, Inc. June 1,2009 Page 8 5-16 documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), v.ithout prior written consent of City. . City hereby consents to the assignment of the portions of the Defmed Services identified in Exhibit A, Paragraph 17 to the sub-consultants identified thereat as "Permitted Sub-consultants." 12. Ov.nership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole.and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country mthout the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any 'such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Dry Weather Monitoring Agreement: D-NlA.X Engineering, Inc. June 1,2009 Page 9 5-17 13. Independent Contractor City is interested only in the results obtained and Consultimt shall perform as an independent Contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent Contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set . . forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith ','Iith City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifical1y authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. Dry Weather Monitoring Agreement: D-NlA.x Engineering, Inc. June 1, 2009 Page 10 5-18 B. Consultant is Real Estate Broker andJor Salesman If the box on Exhibit A, Paragraph 16 is marked, Consultant andJor their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of Cali fomi a, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. Dry Weather Monitoring Agreement: D-M"u,( Engineering, Inc. June 1, 2009 Page 11 5-19 Signature Page to Agreement between City of Chula Vista and D-MAx Engineering, Inc. To conduct National Pollutant Discharge Elimination System (NPDES) Dry Weather Field Screening and Analytical Monitoring Services and Illegal Discharge Detection Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA D-MAx Engineering, Inc. By: By: ., . {l/)J/fil_. I/~~ ArsaIan Dadkhah, Principal Cheryl Cox, Mayor Dated: ATTEST: Donna Norris, City Clerk Approved as to form by: Bart Miesfeld, City Attorney Dated: Exhibit List to Agreement (X) Exhibit A. Dry Weather Monitoring Agreement: D-tvi"J< Engineering, Inc. June 1,2009 Page 12 5-20 Exhibit A to Agreement behveen City of Chula Vista and D-MAx Engineering, Inc. 1. Effective Date of Agreement: July 1, 2009 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: form] , a [insert business 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: D-MAX Engineering, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: D-MAx Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 Phone: (858)586-6600 Fax: (858)586-6644 Dry Weather Monitoring Agreement: D-NfAX Engineering, Inc. June 1,2009 Page 13 5-21 , I I I I I ! 7. General Duties: Consultant shall perform dry weather field screening, trash monitoring, MS4 (Municipal Separate Storm Sewer System) Outfall Monitoring, sampling, and laboratory analysis at various storm water conveyance system outfalls throughout City. Consultant shall perform upstream investigations, additional sampling, and laboratory analysis, as authorized by City, as may be necessary to identify pollutant sources. Consultant shall prepare and submit to City a comprehensive report including field observations; field and laboratory test results, upstream investigations and source identification, as well as recommendations. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Dry weather field screening and analytical monitoring consists of the following components: . Field screening monitoring . Analytical monitoring . Trash monitoring . MS4 outfall monitoring Consultant shall: (1) Provide all personnel, equipment, and materials necessary to perform field screening, trash monitoring, MS4 Outfall Monitoring, and analytical monitoring in compliance with the requirements of Federal NPDES Municipal Storm Water Discharge Regulations (promulgated by the United States Environmental Protection Agency) and California Regional Water Quality Control Board NPDES Permit, Order No. R9-2007-000 I, and any subsequent amendments thereto or re-issues thereof. (2) Field Screening Monitoring - Field Screen at primary outfall locations shown in Table 5 for those parameters listed below and on Form I "Dry Weather Monitoring Field Data Sheet." At locations where flow is observed, Consultant shall perform instrumental determination of physical conditions and field chemical analysis by colorimetric or other approved method for the constituents identified in the "Dry Weather Monitoring Field Data Sheet." If a primary outfall location is found to be dry at the time of investigation, it shall be substituted by an alternative, flowing or ponded, outfall from Table 6 or any other outfall as approved by City, using best professional judgment for selection of the alternative outfall. At sampling locations where flow is observed, at least one grab sample must be collected. Field screening constituents are as follows: Dry Weather Monitoring Agreement: D-1vfAX Engineering, Inc. June l, 2009 Page 14 5-22 . Ammonia Nitrogen (NH]-N) . Glycol . pH . Nitrate Nitrogen (NO]-N) . Reactive Phosphorous (Orthophosphate-P) . Specific conductance (calculate estimated Total Dissolved Solids) . S urfactants (i'vIBAS) . Temperature . Turbidity (3) Analytical Monitoring - Obtain samples and perform laboratory analysis and. testing at IS flowing or ponded outfalls as shown on the Dry Weather Monitoring Map (attached). In addition, if information obtained through field screening procedures indicates elevated levels of pollutants and/or a possible illegal discharge, and laboratory testing is deemed to be necessary in order to verify field screenin.g results, after obtaining approval of City, Consultant shall obtain sample and perform laboratory testing as necessary. Sampling and laboratory analysis at the IS outfall locations shall include testing for: . Total Hardness . Oil and Grease . Diazinon and Chlorpyrifos . Cadmium (Dissolved) . Copper (Dissolved) . Lead (Dissolved) . Zinc (Dissolved) . Enterococcus Bacteria' . Total Coliform Bacteria' . Fecal Coliform Bacteria' , CoWert and Enteroleit may be used as alternative methods with Fecal Coliform determined by calculations. (4) Trash Moni toring - Perform trash monitoring at each outfall location selected from the primary and alternate dry weather field screening and analytical monitoring stations listed in Tables 5 and 6. Trash monitoring assessment and reporting shall be conducted in accordance with "Final Monitoring Workplan for the Assessment of Trash in San Diego County Watersheds" prepared by Brown and Caldwell and Weston Solutions for the County of San Diego, August 30,2007. The consultant shall assess the presence of trash at the MS4, receiving water, or both at each station. during field screening monitoring. Assessment of trash shall include information on the spatial extent and amount of trash, as well as the nature of the types of trash present. For each station, the consultant shall complete a "Trash Assessment Form" Dry Weather Monitoring Agreement: D-i'viAX Engineering, Inc. June 1,2009 Page 15 5-23 as shown in Form 2, which may be updated by the San Diego Region Copermittees each year. The Trash Assessment Category Examples Presentation dated April 2008 by D-M.-\.x Engineering, Inc. shall be used as a guide for determining the amount of trash present. Any dry weather monitoring outfall with a Threat to Human Health or Aquatic Health shall be reported immediately to City staff. In addition, any dry weather monitoring station with a Submarginal or Poor rating shall be reported immediately to City staff. Copies of completed Trash Assessment Forms shall be provided to the City with the Dry Weather Field Screening and Analytical Monitoring Program report. A trash assessment summary shall be included in the Report. All data from the trash forms shall be entered into a Regional Data Sharing Format and provided to the City in time for submittal to the Regional Consultant. (5) MS4 Outfall Monitoring - Dry Targeted Portion - Perform MS4 Outfall Monitoring at outfall locations shown in Table 11 and in accordance with procedures and methods described in Table 12. Targeted dry weather sampling will occur once each year at the preselected outfalls designated in Table 11. Sampling will occur in the dry weather season and will take place at least four weeks following the last significant rainfall (0.2 inches or greater). Samples shall be taken after April 30, but before July 15 of each year to allow for data submittal into the Annual Regional Monitoring Report. No samples shall be taken within 72 hours of a measurable rainfall event (greater than 0.1 inch). The consultant shall take grab samples from the designated targeted MS4 Outfall sites and perform laboratory analysis of the constituents listed in Table 12. Collected samples will be stored in the appropriate laboratory-provided container type for the analytical method to be performed. Water samples shall be labeled with the following information: project name, sample identification number, site location, date and time collected, analyses to be performed, sample preservation, and samplers' initials. Samples shall be stored on ice at 40C for transfer to a Califomia ELAP certified laboratory. Consultant will be responsible for completing and submitting a chain of custody form for each sample. Table 12 denotes the . constituents that will be analyzed, the volumes required for analysis, the method that shall be used to analyze the constituent, target reporting limits, units, and the holding time. Consultant will present the results in a form acceptable to the City no later than August 1 of the same year that the samples were taken. Copies of the laboratory results and chains of custody shall be provided to City. Results shall be compared to water quality benchmarks to interpret the results, but no action shall be taken in terms of follow-up investigations, unless asked to do so by City. (6) Provide a description of the field chemical analysis methods used, including Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. June 1, 2009 Page 16 5-24 the name(s) of the manufacturer(s) of the test methods along ",ith the range and accuracy of each test, using test methods and detection limits shown in Table 7. (7) Within two business days of receiving field screening. and analytical laboratory monitoring results that exceed action levels established in Tables 9 and 10 respectively, conduct upstream investigations to identify the source of pollution. Upstream investigations may include additional storm water conveyance system effluent sampling and analysis, as authorized by City (Deliverable No.3). (8) Perform additional storm water conveyance system effluent sampling and analysis, as authorized by City, as may be necessary to identify pollutant sources, on an on-call, as-needed basis during the life of the agreement. Consultant shall commence sampling and analysis \vithin one working day of request by City (Deliverable No.4). (9) Perform all sampling, handling, and testing of field samples obtained for laboratory analysis in accordance with 40 Code of Federal Regulations Part 136. Consultant's laboratory shall be certified to perform such analysis by the California Department of Health Services or shall be approved by the Executive Officer of the Regional Water Quality Control Board. Laboratory testing offield samples shall be performed by test methods and with detection limits shown in Table 8. (10) Perform quality assurance analysis on City-approved chemical standards (quality control specimens of known chemical concentrations) to check the accuracy and reliability of the field test equipment used. Field Screening quality assurance analysis shall be conducted at the beginning of each week in which Field Screening is scheduled. (II) Provide City with a Dry Weather Monitoring Report within thirty working days of the completion of the Field Screening activities. The Dry Weather Monitoring Report shall include: . A description and analysis of Field Screening activities, laboratory analyses, and upstream investigations conducted under this Agreement . Description and analysis of Trash Assessment data . Description of MS4 Outfall Monitoring . Conclusions and recommendations for minimizing or eliminating identified sources of pollution . Completed original Dry Weather Monitoring Field Data Sheets and Trash Assessment Forms . All laboratory test results . Certified copies of all calibration, quality assurance, and maintenance Dry Weather Monitoring Agreement: D-MA.X Engineering, Inc. Page 17 June 1,2009 5-25 records . Any other data, reports, records, etc. prepared or collected during the course of execution of this Agreement (12) Further, the consultant shall maintain copies of all records related to Dry Weather Field Screening and Analytical Monitoring, and illegal discharge detection services performed under the contract for a minimum offi ve years from the date of sampling, measurement, report, etc. This period may be extended due to possible unresolved litigation regarding a discharge or when requested by City or the Executive Officer of the Regional Water Quality Control Board (RWQCB). All reports shall be in a format acceptable to the R WQCB, as required in the NPDES Municipal Permit, Order No. R9-2007-0001, and as required for inclusion in regional databases. (13) Use billing forms and procedures acceptable to City. (14) Notify City in writing of any discharge which may endanger the public health or safety andJor the environment within 24 hours of the time Consultant becomes aware of said discharge. B. Date for Commencement of Consultant Services: (..) Same as Effective Date of Agreement ( X) Other: Seven working days after the date of Notice to Proceed. C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Basic Monitoring - Provide City with original Dry Weather Monitoring Field Data Sheets, Trash Assessment Forms, and written reports oflaboratory testing performed in conjunction with Dry Weather Monitoring activities at 57 Field Screening and 15 Analytical Monitoring outfalls within thirty working days of the completion of Field Screening activities. Data from the 10 MS4 Outfall Monitoring outfalls shall be provided to the City no later than August I. Deliverable No.2: Report - Provide City with two draft copies of Dry Weather Monitoring Report within thirty working days of the completion of Field Screening activities. Provide three hard copies and one CD of the [mal report within seven working days of approval of the draft by City. Dry Weather Monitoring Agreement: D-1vlAx Engineering, Inc. June 1, 2009 Page 18 5-26 Deliverable No.3: Source Identification Upstream Investigations - Provide City \vith written reports ofField Screening, Analytical Monitoring, and source identification upstream investigations performed in conjunction with Dry Weather Monitoring activities to identifY the upstream source(s) of pollutants detected or observed during Field Screening. Such written reports shall be provided in the Dry Weather Monitoring Report to be submitted to City within thirty working days of the completion of Field Screening activities. Deliverable No.4: As-needed Monitoring - Provide City with written reports of sampling and analysis performed on an on-call, as-needed retainer basis to identify pollutant sources within ten working days of the completion of said analyses. D. Date for completion of all Consultant services: Services are to be provided by Consultant on a time-and-materials basis from July 1, 2009 through June 30,2010. Upon a determination by City staff that Consultant has satisfactorily performed the required services during Fiscal Year 2009-20 1 0 and upon subsequent approval by the City Manager, this agreement may be extended if City so elects in its sole discretion up through Fiscal Year 2011-2012, in one-year increments, upon terms and conditions contained herein. 9. Insurance Requirements: Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by Consultant, it's agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. A. Minimum Scope of Insurance Coverage must be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOO 1) (2) Insurance Services Office Form Number CAOOO 1 covering Automobile Liability, Code 1 (any auto) (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Professional Liability or Errors & Omissions Liability insurance appropriate to the consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Dry Weather Monitoring Agreement: D-J'vlAX Engineering, Inc. June 1,2009 Page 19 5-27 B. Minimum Limits of Insurance Consultant must maintain limits no less than: 1. General Liability (Including operations, products and completed operations, as applicable.) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: 4. Professional Liability or Errors & Omissions Liability: 51,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. 51,000,000 per accident for bodily injury and property damage. Statutory 51,000,000 each accident 51,000,000 disease-policy limit SI,OOO,OOO disease-each employee 51,000,000 each occurrence 51,000,000 policy aggregate C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to City, its officers, officials, employees and volunteers; or Consultant will provide a fmancial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration, and defense expenses. D. Other L'1surance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insured \Vith respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of Consultant including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85) or its Dry Weather Monitoring Agreement: D-tvlAX Engineering, Inc. Page 20 June 1,2009 5-28 equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) Consultant's General Liability insurance coverage must be primary insurance as it pertains to City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Consultant and in no way relieves the Consultant from its responsibility to provide insurance. (3) 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 City by certified mail, return receipt requested. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Consultant's insurer ",ill provide a Waiver of Subrogation in favor of City for each required policy providing coverage during the life of this Agreement. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "RetroDate" must be shown, and must be before the date of the Agreement or the beginning of the Agreement work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work. (3) If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a "Retro Date" prior to the Agreement effective date, the Consultant must purchase "extended reporting" coverage for a minimum oftlve (5) years after completion of Agreement work. (4) A copy of the claims reporting requirements must be submitted to City for review. E. AcceptabiliTY of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. rfinsurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Dry Weather Monitoring Agreement: D-1vL.\x Engineering, Inc. June 1,2009 Page 21 5-29 F. Verification of Coverage Consultant shall furnish City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the Agreement requirements. All certificates and endorsements are to be received and approved by City before work commences. 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. G. Subcontractors Consultants must include all sub-consultants as insureds under its policies or furnish separate certificates and endorsements for each sub-consultant. All coverage for sub-consultants is subject to all of the requirements included in these specifications. 10. Materials Required to be Supplied by City to Consultant: A. A reproducible copy of a map of City showing all monitoring sites. B. Copies of or access to previous years' dry weather field screening reports. 11. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Defmed Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee Dry Weather Monitoring Agreement: D-IvLA,.'( Engineering, Inc. June 1,2009 Page 22 5-30 () Interim Monthly Advances. City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to City ifthe Phase is not satisfactorily completed. If the Phase is satisfactorily completed, City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by City, or such other person as the City Manager shall designate, but only upon such proof demanded by City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. () Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Deftned Services by Consultant as are separately identified below, City shall pay the ftxed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase 1. 2. 3. Fee for Said Phase $ $ $ ( ) 1. Interim Monthly Advances. City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by City, or such other person as the City Manager shall designate, but only upon such proof demanded by City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed Dry Weather Monitoring Agreement: D-J'vi...x Engineering, Inc. June 1, 2009 Page 23 5-31 by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement F or performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (I)(X) Not-to-ExceedLimitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of$28,066.65 for completion of Deliverables I and 2, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant to complete those deliverables for Field Screening at 57 outfalls, Analytical Monitoring at 15 outfalls, Trash Monitoring at 57 Outfalls, and MS4 Monitoring Outfalls at 10 outfalls, listed in Exhibit A, Tables 5 and II (any dry outfalls from Table 5 shall be substituted by an outfall from Table 6) including all materials and other "reimbursables." Consultant agrees to perform the Defmed Services herein required for Deliverables 3 and 4, which are undefined as to quantity or number and within the sole discretion of City to initiate, up to the limits of compensation shown in the following schedule. When funds authorized for Deliverables 3 and 4 are exhausted, Consultant and City shall renegotiate the funding for Deliverables 3 and 4 before Consultant proceeds with further work. Subject to stipulations of Exhibit A, Paragraph 8, Part D, unit rates for Fiscal Years 2010-11 and 2011-12 will increase by 4o/~ armually. Accordingly, the Not-to- Exceed Limitation on Time and Materials for Task I (Basic Monitoring and Report- Deliverables I and 2) will be increased to $29,189.32 and $30,356.89 for the second and third years, respectively, if the City exercises its option to extend the agreement in each of these years. Also, the budget for Tasks 2 and 3 (Deliverables 3 and 4) will be estimated annually. TABLE 1- Compensation Task Budaet for Each Task 1. Basic Monitoring and Report (Deliverables I and 2) Not-to-Exceed $28,066.65 2. Upstream Investigation and Testing During Dry Estimated $30,000.00 Weather Monitoring (Deliverable 3) 3. Upstream Investigation and Testing on an On- Estimated $10,000.00 Calli As-Needed Basis throughout the Term of the Agreement (Deliverable 4) Maximum Total Compensation - Tasks 1,2, and 3 $68,066.65 Note: Funds remaining from a completed task may be utilized for another task if necessary Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. June 1,2009 Page 24 5-32 (2)( ) Limitation without Further Authorization on Time and Nfaterials Arrangement At such time as Consultant shall have incurred time and materials equal to (" Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Category of Employees of Consultant. Hourly Rate ($) 2-Person Field Crew 158 3-Person Field Crew (For Confmed Space Entry Only) 200 Clerk 50 Word Processor 56 Field Technician 65 Drafter/CAD Operator 75 Staff ScientistlEngineer 85 Assistant Project Scientist! En~ineer 95 Proiect En~ineer/Scientist 120 Proiect Manager/ Principal.' 140 Rate Schedule TABLE 2 - Personnel * Categories of employees anticipated to perform work on this project *. Appearance as expert witness at court trials, mediation, arbitration hearings, and depositions will be charged at S2001hour. Time spent for such appearances will be charged at the above standard hourly rates. NOTE: Subject to stipulations of Paragraph 8 Part D of Exhibit A to the Agreement, above rates will increase by 4% per year for the second and third years. () Hourly rates may increase by X% for services rendered after [month], [year], if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: () None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ Dry Weather Monitoring Agreement: D-IvL,,-,< Engineering, Inc. June 1,2009 Page 25 5-33 () Long Distance Telephone $ Charges, not to exceed $ (X) Other Actual Identifiable Direct Costs: TABLE 3 -Field ScreeninG Item Unit Cost 5 * Vehicle, Per Da includes mileaae) 80 Safe E ui ment, Per Da 80 S ecific Conductance, Per Test No Charae Tern erature, Per Test No Char e H, Per Test No Charae Turbidi , Per Test No Charae Surfactants MBAS), Per Test 5.60 Nitrate-N, Per Test 5.60 Ammonia-N, Per Test 4.50 Reactive Phos horus Ortho-P), Per Test 4.50 Glycol, Per Test 4.50 * Field Screening tests shall be performed according to test methods, detection limits, ranges, and accuracies set out in Table 7. NOTE: Subject to stipulations of Paragraph 8 Part D of Exhibit A to the Agreement, above rates will increase by 4% per year for the second and third years. LE L 1 TAB 4- aboratorv AnalysIS Test Unit Cost (5)* Total Dissolved Solids, Per Test ** 17 I Total Hardness, Per Test I 17 Oil and Grease, Per Test 57 Diazinon and Chlornyrifos, Per Test I 175 Cadmium (dissolved), Per Test 12.50 CODDer (dissolved), Per Test 12.50 Lead (dissolved), Per Test 12.50 Zinc (dissolved), Per Test. 12.50 Enterococcus Bacteria, Per Test 81 Total Coliform Bacteria, Per Test*** 44 Fecal Coliform Bacteria, Per Test*** 44 IDEXX Enterolert Per Test 50 IDEXX Colilert Per Test 69 :to Laboratory tests shall be performed accord~g to analytical methods, detection limits, and holding times set out in Table 8. *:to MS4 Outfall Monitoring Only *** These prices apply when a sample is tested for both total and fecal coliform bacteria. However, because if only one of the two tests is requested for a sample, laboratory labor savings from combining preparation taSks cannot be achieved, u1e cost of a test for either total coliform alone or fecal coliform alone is S55. NOTE: Subject to stipulations of Paragraph 8 Part D of Exhibit A to the Agreement above rates will increase by 4% per year for the second and third years. Dry Weather Monitoring Agreement: D-1'vlAX Engineering, Inc. June 1,2009 5-34 Page 26 13. Contract Administrators: City: Khosro Aminpour, Senior Civil Engineer Department of Public Works 1800 Maxwell Road Chula Vista, CA 91911 Telephone: (619) 397-6111 Fax: (619) 397-6259 Email: kaminpour([V.ci.chula-vista.ca.us Consultant: Arsalan Dadkhah, Principal 7220 Trade Street, Suite 119 San Diego, CA 92121 Telephone: (858) 586-6600 Fa.x: (858) 586-6644 Email: arsalan@.dmaxinc.com 14. Liquidated Damages Rate: ( )$_perday. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. I. Investments and sources of income. ( )Category No.2. Interests in real property. ( )Category No.3.' Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property . ( )Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Dry Weather Monitoring Agreement: D-lvlAX Engineering, inc. June 1,2009 Page 27 5-35 ( )Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Sub-consultants: Enviromatrix AnalyticaL Inc. 18. Bill Processing: A. Consultant's billing to be submitted for the following period of time: (X) Monthly ( ) Quarter! y ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: 30120-6301 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( X ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to Consultant sooner, City shall be Dry Weather Monitoring Agreement: D-lvlAX Engineering, Inc. Page 28 June 1,2009 5-36 entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: :5 Retention Release Event: ( ) Completion of All Consultant Services ( X ) Other: Delivery and Acceptance of Reports to the satisfaction of the Director of Public Works Dry Weather Monitoring Agreement: D-,'v[AX Engineering, Inc. June 1,2009 Page 29 5-37 Site ill. Location Conveyance Primary Land Secondary Hydrologic Unit Latitnde Longitude Use Land Use BAY-OI West side ofOay Blvd. across from 1075 Complex Outlet Commercial Conunercial 910 N32.60~20 0 WI 17.09325 0 BA Y-02 W. of intersection of Palomar St. and Bay Blvd. Eartllcn Channel Commercial Industrial 910 N32.60479 0 W 117.09248 0 DAY-03 W. of intersection of Ada St. and Bay Blvd. Eal1hen Channel Industrial Residential 910 N32.60267 0 Wl17.09251O OLC-OI Chula Vista Municipal Golf Course west ofDonitul Concrete Channel Residential Residential 909 N32.66562 0 WI 17.02414 0 Acacia intersection DLC-02 Long Canyon Channel S. of Uonita Rd. and W. of Earthen Channel Residential Open 909 N32.65556O W 117.008590 ollthcrn end of Acacia A venue CEN-OI S. of H Street and E. ofl-5 and Trolley trucks Concrete Channel Commercial Residential 909 N32.62922 0 W 117.095070 CEN-03 '. o["J" St., behind 126 and n~ Colorado Ave. Concrete Channel Residential Residential 909 N32.62153 0 W1l7.092 12 0 CEN-04 Memorial Park wesl 0[3n1 Ave. and north afPark Outlet Conunercial Residential 909 N32.63869 0 WI 17.07956 0 ~ Wav ~ CEN-07 West of Sill Avenue, between Center Street and Park Concrete Channel Residential Commercial 909 N32.63713 0 W 117.08782 0 Wav CEN-08 100 n. W. of Marina Pkwy, N. o["G" Sl. Catch Basin Industrial Residential 909 N32.63144 0 WI 17.10330 " CEN-IO ~W oftbe intersection of Hilltop Dr. and Whitney Sl. Catch Basin Residential Commercial 909 N32.63643 0 W 117.06439 " IUD-OI S. of Intersection of Fresno A venue and Main Street Concrete Channel Conunercial Residential 910 N32.59465 0 WI 17.06675 " JUD-02 SW. of intersection of Reed Ct. and Main St. Outlet Industrial Commercial 910 N32.59450 0 W 117.055990 JUD-03 SW o[ Main! Mace intersection Manbole Industrial Commercial 910 N32.59466 0 WI 17.05380 0 LAK-OI 1N0rth East of the intersection of Proctor Valley Road Outlet Residential Open 910 N32.66023 0 WI 16.94138 0 and Agua Vista Drive in the canyon OLR-Ol South ofChula Vista Municipal Golf Course, north of Outlet COlllmcrcial Residential 909 N32.66144 0 W1l7.03146O btav Lakcs Road/Bonita intcrsection OLR-02 S. ofChula Vista Municipal Golf Course N. ofOtay Natural Creck Commercial Residential 909 N32.66145 0 W117.03152O Lakes Rd.! Bonita intersection OVR-04 S. of Main Street, 50 t\ E. o[Nirvana Avenue Outlet Industrial Conunercial 910 N32.59273 0 WI 17.01730 0 OVR-07 E. of Property at 1879 Nirvana Ave Outlet Industrial COlTunercial 910 N32.59479O W117.01437O TABLE 5 -l'rimary Dry Weather Monitoring Outfalls Dry Weather Monitoring Agreement D-MAX Engineering, Inc. June 1,2009 Page 30 Site 10. Location Conveyance J)rimary Laud Secondary Hydrologic Unit Latitude Longitude Use Land Use OYR-09 S. of properly at 850 Energy Way in city easement at Outlet Industrial Conunercial 910 N32.59452 0 W117.01199O base of30' sloDe OYR-IO S. end of Brandywine Avenue, S. of Auto Park Dr., at Outlct Commercial COllllnercial 910 N32.59285 0 WI 17.02994 0 base of slone. OYR-14 NW of Main Sl. and Maxwell Rd. Manhole Industrial COlnmercial 910 N32.59406 0 W1l7.01933O POG-OI S. of Main St., 100 Ii. W. of Melrose Ave Eat1hen Channel Residential COllunercial 910 N32.59455 0 WI17.04153O POG-02 Intersection of Eastlake Pkwy and Trinidad Cove, Manhole Residential Open 910 N32.63610 0 WI 16.967480 near entrance to housing tract" Antigua" POG-OJ ::llympic Pkwy, acroos from Heritage Rd. Natural Creek Open Residential 910 N32.61643 0 WI 17.00220 0 P R D-02 W. of Aries Ct. and 200ft. S. of Rienstra St. in Outlet Residential Commercial 910 N32.60622 0 WI 17.04353 0 SDG&E casement RCC-Ol SE of Bonita Rd. and 1-805. 500 ft. S. of Bonita Rd. Outlet Open Residential 909 N32.64677 0 WI 17.05845 0 ~ RCC-02 NW corner of E. H Street and Del Rey Blvd. Outlet Commercial Open 909 N32.63881 0 W117.03551O <.< RCC-03 Downstream of Discovery Park W. Rancho Del Rey Outlet Residential Open 909 N32.64418 0 W117.01191o Parkway in Rice Canyon ope II sRace hiking trail RCC-04 East H St. alld Otay Lakes Rd. interscclion W. side of Outlet Commercial Residential 909 N32.64436O WI 17.002530 'hoppinQ. center, in canyon SCR-OI North ofOtay Lakes Road and 300' west of private Outlet Residential Open 910 N32.64567 0 W116.94713O )tay Ranch Road, east of Hunte Parkwav SCR-02 Salt Creek, as it passes under Otay Lakes Rd., E. of Natural Creek Open Residential 910 N32.64548 0 WI 16.94671 0 Hunte Pkwy (N. side of street) SCR-03 Olympic Pkwy, about 200 ll. E. of Hunte Pkwy, on the Natural Creek Open Residential 910 N32.63333 0 WI 16.94444 0 Salt Creek. SCR-04 Bottom nf Slope Eastlake Pkwy/Huntc Pkwy Outlet Residential Open 910 N32.61261o WI 16.95940 0 SCl<-05 Bottom of Slope Exploration Falls Dr.lHunte Plwy Outlet Open Residential 910 N32.61857O W 116.950930 SUN-02 N. of East H Street and 50' West ofSR-125, at base of Oullet Rcsidcmial Open 909 N32.65924 0 WI 16.97750 0 slope, East of SUN-05 - SUN-03 t.::hula Vista Municipal Golf Course, SW of Bonita and Natural Creek Residential Residential 909 N32.66685 0 WI 17.02338 a Central Ave. TABLE 5 -l'rimary Dry Weather Monitoring Outfalls DIY Weather Monitoring Agreement: D-MAx Engineering, Inc. June I, 2009 Page 3 I Site ill. Location Conveyance Primary Land Secondary Hydrologic Unit Latitnde Longitude Use Land Vse SVN-05 N. of East H Street and 50' West ofSR-125, at base of Onllet Open Residential 909 N32.65917 o. WI 16.97767 0 slone SVN-06 S.W. ofinlersection of Proctor Valley Road and San Oullet Residential Open 909 N32.67141" WI 16.99702 0 Miguel Ranch Road SVN-07 E. of Jonel Way, inld to detention basin at base of Outlet Residential Open 909 N32.67688 0 WI 16.98830 " 'Iope, W. ofSRI25 SVS-Ol Rear of Ramada Inn at interseclion of !Jonita Rd and Outlet Cornmcn:ial Residential 909 N32.64912 0 W 117.064740 Bonita Glen N. of Bonita Rd. S V S-02 E. of # 65 Flower Street, behind unils 297& 320. Catch Basin Residential Residential 909 N32.650 10 0 WI 17.06696 0 West of 1-805 SWB-03 W. of2446 Main Street (Tik Force) Manhole Industrial Conunercial 910 N32.59512O W117.08089O SWR-04 NW of 5th Ave. and "C" Street, south ofWal-Mart Outlet Commercial Parks 909 N32.650 I 00 WI 17.09266 0 ",rkino lot ( TCC-O 1-0 1 S. W. of Bay Blvd./L St. intersection ius ide Duke Outlet Commercial Residential 909 N32.61457O W 117.09232 0 J Energy Plant, easternmost outlet C TCC-O 1-02 S. W. of Bay D1vd./L St. intersection inside Duke Outlet Commercial Residential 909 N32.61457O Wl17.09232 0 Energy Plant, to the ril,ht ofTCC-OI-OI TCC-O 1-03 S.W. of Bay Blvd./L St. intersection inside Duke Outlet Conunercial Residential 909 N32.61457O WI 17.09232 0 Energy Plant, to the rioht ofTCC-01-02 TCC-OI-04 S. W. of nay D1vd./L Sl. intersection inside Duke Oullet Commercial Residential 909 N32.61457 0 WI 17.09232 0 Energy Plant, westemmost outlet TCC-02 W. of Hilltop Dr. iu Hilltop Park Concrete ClllllUlCl Residential Commercial 909 N32.62821 0 W117.06138O TCC-03 500' W. of Eastlake Pkwy., 100' N. of Otay Lakes Outlet Commercial Residential 909 N32.64726O WI16.96885 0 Road, across from e.:iS station TCC-04 W. oDrd Ave. and S. of I. Street, under gas station Natural Creek Commercial Residential 909 N32.62016O WI17.07230 0 TCC-05 relegraph Canyon Road and Heritage/ Paseo R,ichero Natural Creek Open Residcntial 909 N32.62605 0 WI 17.00806 0 intcrsection TCC-06 relegraph Canyon Rd. and Pasco Del Rey, NW of Concrete Channel Open Residential 909 N32.62774 0 WI 17.03429 0 intersection TCS Moss St.rrrolley RR intersection, inside propcl1y Catch I3usin Commercial Residential 909 N32.61283 0 WI 17.08840 0 located at 694 Moss Street WIL-OI ~hula Vista Municipal Golf Course S. of Sweetwater Natural Creek Residential Open 909 N32.66082O WI 17.04306 0 Rd. 100ft. E of Willow St. TAULE 5 - Primary Dry Weather Monitoring OutfaUs Dry Weather Monitoring Agreement: D-MAx Engineering, Inc. June 1,2009 Page 32 Site ID. Location Conveyance Primary Land Secondary Hydrologic Unit Latitude Longitude Use Land Use WOL-02 W. of La Media Road, across from detention basin in Outlet Residential Open 910 N32.61194O W 116.984430 K:anyon WOL-03 Bouam of slope south of Santa Luna Street Outlel Residential Residential 910 N32.60779 0 W 116.978000 TABLE 5 - Primary Dry Weather Monitoring Outfalls U1 I .f'> ~ Dry Weal her Monitoring Agreement D-MAX Engineering, Inc. Jnne 1,2009 Page3 3 - ternate Jry eat er omtormg ut a Is Site LD. Location Conveyance Land Use Configuration CEN-05 West of Second Avenue between "G" Street and I Open Channel Residential "H" Street MGC-02 West ofChula Vista Municipal Golf Course, at S.E. Earthen Commercial corner of Willow Street Bridge Channel Industrial Residential SWB-OI West of Frontage Road, 100' south of Ada Street, Open Channel Commercial west ofI-5 Freeway Industrial Residential SWR-03 S. W. of Fourth A venue and "c" Street at southern Concrete Commercial boundary of Eucalyptus Park Channel WOL-OI East end of Main Street, inside Hanson Aggregate Open Channel Open Space Plant, on Wolf Canyon Creek OVR-13 N. end of property at 855 Energy Way (access via Outlet Industrial Otay Landfill on Maxwell, take southern-most dirt Open road heading E. to end PRD-OI S. of Main Street, W. of Palm Road, site PRD-03 is Concrete Commercial also at this location Channel Residential PRD-03 S. of Main Street, W. of Palm Road, site PRD-Ol is Outlet Commercial also at this location Residential TABLE 6 AI D W h M o fI Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. June 1,2009 Page 34 5-42 ~ - ilC CreenInl! et 10 S l'anllneter Method Detection Limit Ranl!:e SDecilic Conductance Conductivity Meter 10 wnhos 1-20,000 umhos Temperature Standard Laboratory Thermometer O.loC O.1"C - 100.ooC DB nl-! Meter 0.1 0.1-14.0 Turbidity Turbidity Metcr 0.01 NTU 0.0 I - 50.00 NTLJ and 50 - 1000 NTLJ S urJilctants Methylene Bluc Active Substances 0.13 mg/L 0.13 mg/L - 3.0 mg/L * Nitrale-N Cadmium Reduction' 10.0 nU!/L as NO} 10.0 ml!/L - 50.0 mg/L as N01* Ammonia-N Salicvclate 0.10 ml!/L 0.10 mg/L - 3.00 1l1l!/L * Orthophosphate-I' Stmmous Chloride Chemistri 0.30 mg/L as 1'04 0.30 mv/L - 8.00 1l1l!/L as 1'04 * Glvcol Periodic acid/pumald 0.60 mg/L 0.60 mg/L - 10.0 Il1g/L * TABLF 7 F' Id S Mid U1 I This method ddennines the conccn~ration arnitrate in mglL NO). To determine the amount arnitrate nitrogen, the concentration ofnitrogcll must be adjusted for the presence I .,f::lo of oxygen in the NO) molecule. Therefore, the result is multiplied by a conversion factor of 0.226, the ratio of the molecular weight ofN (14 g/llIol) to NO) (62 gllllal). Tlie (.a,) detection limit for nitrate is 10.0 mg/L, however, the detection limit for nitrate nitrogen is lowered due to the conversion. 2 This method determines the concentration of orthophosphate in mg/L 1>04. To detennine the alllount of reactive phosphorus (P04-P), the result is multiplied by a convt,;rsion factor of 0.326, the ratio of the molecular weight of P (31 gllllal) to P04 (95 g/mol), "The detection limit for orthophosphate is 0.30 mg/L, however, the detection limit for reactive phosphorus is lowered due to the conversion. * Extended ranges in chemical analyscs are achieved through dilutions. Dry Weather Monitoring Agreement: D-MiLX Engineering, Inc. June 1,2009 Page J 5 TABLE 8 - Laboratory Analytical Methods Analyte I Analytical Method I Method Detection Limit I Maximum Holdinl! Time! Oil and Grease EPA 1664 5 mg!L 28 days Total Hardness EPA 200.7 10 mg/L 14 days Cadmium EPA 6010, 6020, 200.8 511g/L 24 hours Copper EPA 6010,6020,200.8 511g/L 24 hours Lead EPA 6010, 6020, 200.8 5 Ilg/L 24 hours Zinc EPA 6010, 6020, 200.8 20 I.lg/L 24 hours Diazinon EPA 8141A 0.05 ug/L 7 days Chlorpyrifos EPA 8141A 0.05 llg/L 7 days Total Coliform 8M 9221 20 - 1,600,000 J.\IfPN/1 00 mL 6 ho urs Fecal Coliform 8M 9221 20 -160,000 MPNIlOO mL 6 hours Enterococcus 8M 9230 20 -160,000 MPNIlOO mL 6 hours , In accordance wIth QAlQC procedures. Dry Weather Monitoring Agreement: D-1vlAx Engineering, Inc. June 1,2009 Page 36 5-44 CJ1 I .j>. CJ1 TABLE 9 - Action Levels for J<'ield Sueeninl! Field Screeninl.' Analytes Action Levels! Source/Notes pH <6.5 or >9.0 Basin Plan, w/allowance for elevated pH due to excessive photosynthesis. Elevated pH is especially problematic in combination with high ammonia. Orthophosphate-I' (mg/L) 2.0 USEPA Multi-sector General Permit Nitrate-N (mg/L) 10.0 Basin Plan aIllI drinking water standards Ammonia-N (mg/L) 1.0 Based on Workgroup experience. May also consider unionized ammonia Iraction. Surlactants (MBAS) (mg/L) 1.0 Basin Plan with allowance based on Workgroup field experience and I possible field reagent interferences Glycol (mg/L) 1.0 Not naturallv Dresent; main source is coolant svstem. WQOs relevant to inland surElce waters are not available. Base judgment Turbidity (NTU) !:.lest Professional on channel type and bottom, time since last rain, backgnlund Icvels, and Judgment most importantly visual observation (e.g. unusual colors and lack of clarity), and unusual odors. Temperature (OF or oc) Best Professional Base judgment on scason, air tcmperature, charmeltype, shading, etc. Judgment Values> 5,000 f!mhos/cm may indicate 1C/1D however; EC may be highly eievated in some regions due to high TDS groundwater extiltration to Specific Conductance Best Professional surface water, mineral dissolution, drought, and seawater intrusion. Normal source ID and discharge elimination work is not effective in these (flmhos/cm) Judgment situations. Knowledge of area background conditions is important. Values < 750 fllllhos/em may indicate excessive potable water discharge or llushing. 1 The r~ference action levels should not be the sole criteria for initiating a source identification investigation. Dry weather monitoring data should be interpreted using a variety ofavailablt: information including best pro fess iOllal judgment and within-site and between-site sample variability. Dry Weather Moniloring Agreement: D-MAX Engineering, Inc. JlIne 1,2009 Page J 7 U1 I .j>. m TABLE 10 - Action Levels for a oratory omtorml' Laboratorv Aualytes Action Lcvelsl Source/Notes USEPA Multi-sector GeneralPermil. If petroleum sheen is Oil and Grease (mg/L) 15 observed, the sample should be collected Irom the water surface. Visual observations may justify immediate investigation. Diazinon ().IglL) 0.5 Response to diazinon and chlorpyrifos levels above 0.5 ~lglL should focus on education and outreach to potential Chlorpyrifos (flg/L) 0.5 dischargers in the target drainage basin. Source identilication investigations should also be undertaken. Dissolved Cadmium ().IglL) California Toxics Rule Use California Toxics Rule Table, I-hour criteria to Dissolved Copper ().lg/L) California Toxics determine appropriate action level for individual samples. Rule Table provides benchmarks based on hardness and Dissolved Lead ().lg/L) California Toxics dissolved metals concentrations. For example, at 300 mg/L Rule hardness the following action levels would apply: Cd-14 Dissolved Zinc ().lg/L) California Toxics ppb; Cu-38 ppb; Pb-209 ppb; and Zn-297 ppb. Rule Total Colifoml(MPNIlOO mL) 50,000 Bacteria levels in many storm drains are likely to exceed Fecal Coliform (MPN/IOO mL) 20,000 public health guidance criteria. Use conlidence interval test Enterococcus (MPNIl 00 mL) 10,000 and best professional judgment to identify conveyances for source ID. Lb M IThe reference action levels should not be the sole criteria for initiating a source identification investigation. Dry weather monituring data should be interpreted using a variety of available information including best professional judgment and within-site and between-site sample variubility. Please note that these Action Levels are currently under review and are subject to change during the life of this Agreement. Dry Weather Monitoring Agreement: D-MAX Engineering, Inc. June 1,2009 Page 38 ,\BLE 11 MS4 0 tf II M . S' f D T dP T. -I U a 1 omtonna ltes or Iry argete ortion Site Name Latitude Lon!!i.tude HU Analytes TCC-OJ 32.64726 11 6.96885 909 Bacteria, Metals, TDS TCC-04 32.62016 I 117.07230 909 Bacteria, Metals, TDS CEN-Ol 37.62922 11 7.09507 909 Bacteria, Metals, TDS RCC-02 I 37.63830 117.06551 909 Bacteria, Metals, TDS SUN-06 32.67141 116.99702 909 Bacteria, Metals, TDS I SVS-Ol I 32.64912 11 7.06474 909 I Bacteria, Metals, TDS BAY-Ol 32.60820 117.09235 910 Bacteria and Metals IUD-Ol I 32.59465 117.06675 910 I Bacteria and Metals PRD-02 32.60622 11 7.04353 I 910 Bacteria and Metals SCR-Ol 32.64567 " 116.94713 1910 Bacteria and Metals TABLE 12 - Analvtes for MS4 Outfall Monitoring Volume Target Holding Analytes Method Reporting Units Required Limit Time Bacteria' I Total Coliform 200 mL SM 922lB - MPN/I00mL 6 hours . Fecal Coliform 200 mL SM 9221E - MPN/IOOmL 6 hours Enterococcus 200 mL SM 9230 - MPN/I00mL 6 hours TDS 100 mL SM 2540D 20 mWl 7 days Metals (dissolved) Cadmium 0.001 mgIL 6 months Copper 75 mL EPA 200.8 0.001 mgIL 6 months Lead 0.001 mgIL' 6 months linc 0.02 mgIL 6 months '"Membrane filtration techniques SM 9222B, SM 9222D, SM 9230C and other approved wastewater methods for bacteria are acceptable. Dry Weather Monitoring Agreement: D-Max Engineering, Inc. June 1,2009 5-47 Page39 FORM 1 San Diego Stormwater Copermittees Dry Weather Monitoring Field Data Sheet o Field Screening o Confirmation For o ICIIO Follow-Up For ~El'fERAL SITE DESCRIPTION J 1 1 (NAn 83 decimal degrees to 5th nlace) OMS4 o Receiving Water Site ill Latitude (e.g., 33.41174) ::E Hydrologic Unit (e.g., 7.00) " Location Longitude (e.g., -1l7.35213) ;; Hydrologic Area (e.g., 7.10) ., ~ :r " Hydrologic Subarea Date TB Page Q. (C)Ptional) (e.g., 7.11) Time Observer Discbarge Area I (Ootional) Land Use (primary) o Residential o Commercial o Industrial o Agricultural o Parks o Open (Check one only) Land Use (Secondary) o Residential o Coounercial o Industrial o Agricultural o Parks o Open o None (Optional, greater than 10%) Conveyance o Manhole o Catch Basin o Outlet o Concrete o Natural o Earthen o Curb!Gutter (Check one only) Channel Creek Channel ATMOSPHERIC CONDITIONS Weather 0 Sunny [] Partly Cloudy Tide [] N!A 0 Low Last RaIn [] > 72 hours [] < 72 hours Rainfall [] None [] < 0.1" RUNOFF CHARACTERISTICS Odor [] None 0 Musty Color 0 None 0 Yellow Clarity 0 Clear Floatables 0 None Deposits 0 None Vegetation 0 None Biology 0 None o Overcast o lncoming o Fog o High o Outgoing Tide Height: ft. 0>0.1" o Rotten Eggs [] Chemical o Sewage o Other o Brown o White o Gray o Other o Slightly Cloud~ o Opaque o Other o BubbleslFoam o Sheen o Fecal Matter o Other o Fine Particulates o Stains o Oily Deposits o Other o Normal I] Excessive [] Other [] Fish o Snails o Mussels! o lnsect/ o lnsect/ o Other Barnacles Algae Snail o Trash o Sediment/Gravel o Limited o lnsects 0 Algae Water Flow 0 Flowing 0 Ponded 0 Dry 0 Tidal Does the storm drain flow reach the Receiving Water? I] Yes Evidence of Overland Flow? 'Nes DNo [] Irrigation Runoff Photo Taken DYes 0 No Photo # ONo o Other: ON!A Field Screen in Water Tern (QC) ONo N03-N (mg/1.) COND (mSl=) Ortho-P04 (mg/1.) tvlBAS (mg/1.) ONo FLOW ESTIMATION WORKSHEETS Flowin Creek or Box Culvert Width ft De th ft Veloci ft/sec Flow pm Filling a Bottle or Known Volume Volume T mL Time to Fill I '00 Flow T gpm I Flowin Pi e IJianneter ft De th ft Veloci ftIsec Flow gpm COMMENTS: Dry Weather Monitoring Agreement: D-Max Engineering, Inc. June 1,2009 5-48 Page 40 San Diego Stormwater Coperrnittees Land Use Types for Dry Weather Monitoring (Adopted by the Dry Weather Monitoring Workgroup, April 20, 2004) 1. Residential Residential (general) Single- and multi-family homes, mobile home parks, etc. Rural residential (For the County of San Diego and other appropriate Copermittees) Single family homes located in rural areas with lot sizes of approximately I to 10 acres. Rural residential estates may have small orchards, fields or small storage buildings associated with the residential dwelling unit, etc. 2. Commercial Offices, schools, shopping centers, auto dealerships, government/civic centers, cemeteries, churches, libraries, post offices, fire/police stations, military use, jails, prisons, border patrol holding stations, dormitories, hotels, motels, resorts, and casinos, etc. 3. Agricultural Orchards, vineyards, nurseries, greenhouses, flower fields, dairies, livestock, poultry, equine ranches, row crops and grains, pasture, fallow, etc. 4. Industrial Shipbuilding, airframe, aircraft manufacturing, industrial parks, manufacturing uses such as lumber, furniture, paper, rubber, stone, clay, and glass; auto repair services/recycling centers; warehousing, wholesale trade; mining, sand and gravel extraction, salt evaporation; junkyard, dumps/landfills; auto wrecking/dismantling and recycling centers, etc. 5. Parks Recreation areas and centers, neighborhood parks, wildlife and nature preserves, golf courses, accessible sandy areas along the coast or major water bodies allowing swimming and picnicking, etc. 6. Open Vacant and undeveloped lands, etc. Dry Weather Monitoring Agreement: D-1vlA,'( Engineering, Inc. June 1,2009 5-49 Page 41 FORM 2 Trash Assessment Form SITE ID: DATE: LOCATION: TIME: OBSERVER: PREVIOUS TRASH ASSESSMENT RATING (IF APPLICABLE): ESTIMATED AREA OF ASSESSMENT L X W (FT): Amount and Extent of Trash EVALUATION OF TRASH INCLUDES': 0 MS4 0 RECEIVING WATER 0 BOTH D Optimal On first glance, no trash visible. Little or no trash (<10 pieces) evident when evaluated area is closely examined for litter and debris. D Suboptimal On first glance, little or no trash visible. After close inspection small levels of trash (-10- 50 pieces) evident In evaluated area. Trash Is evident in low to medium levels (-51-100 pieces) on first glance. Evaluated area D Marginal contains litter and debris. Evidence of site being used by people: scattered cans, bottles, food wrappers, blankets, or clothing present. Trash distracts the eye on first glance. Evaluated area contains substantial levels of litter D Submarginal and debris (>100- 400) . Evidence of site being used frequently by people: many cans, bottles, food wrappers, blankets, or clothing present. Site Is significantly impacted by trash. Evidence of trash accumulation behind a D Poor constriction point or evidence of excessive dumping. Evaluated area contains substantial levels of litter and debris (>400 pieces). - In areas where receiving water is accessible and adjacent to dry weather Site, trash evaluation must Include receiving water. Site Evaluation for Threat to Human Health and/or Aquatic Health Site poses a threat to human health via swimming, wading, or walking through the area. D Threat Trash and debris has the potential to contain chemicals that may biaaccumulate, Human Health transmit dangerous bacteria (e.g. medical waste, diapers, human waste), or has the potential for physical harm (sharps, entanglement, nails, etc...). Comments should be added for clarification. Site poses a threat to aquatic health or other wildlife (via contact. ingestion, entanglement, etc...) from the trash and debris present. Trash and debris such as small D Threat to tloatable material that is persistent and can be transported long distances may resemble Aquatic Health food and may be Ingested. Wire, plastic, fishing line, and other material that has the potential for entanglement. Oil and other visible chemicals or chemical containers falls in this category. Comments should be added for clarification. Dry Weather Monitoring Agreement: D-i'vlAx Engineering, Inc. June 1,2009 5-50 Page 42 Complete the following section for Submarginal, and Poor Evaluations ONLY POTENTIAL ROUTE POTENTIAL SOURCE - (CHECK UP TO 2) (CHECK UP TO 2) " " 0 () " ~ "Cl 0 ;;; o . E o " 0 ::: 'u - o " en" en en - " " ~ ;;; " - " ,,0- " " .. ~ 'E .<: " " ';:: " ~ 'E 'Q. " " ~ E - 0 ,- ,., ';:: ~ - en ';jj w "'... - .Q ~ en en 0 .Q ~ c.. ",., E " en .. " " e E " " .. " - .<: >- " - 0- cO; 0 0 0 "Cl .. cO; ~.Q " ~ ... c :J ;:) ;:)"Cl :J: () () .5 rJl ... ;:)"Cl Automotive Biohazard Waste Business Related Cigarette Butts Construction Fabric/Clothing Food Packaging Food Waste Household Shopping Carts Toxic Yard Waste . Only rank the types of trash PRESENT m evaluated area from 1 through 12 (1 is most prevalent - 12 is least prevalent). DO NOT rank types of trash that are not present in evaluated area. Comments: Dry Weather Monitoring Agreement: D-iYL"c.x Engineering, Inc, June 1,2009 5-51 Page 43 MAPl 5-52 Complete the following section for Submarginal, and Poor Evaluations ONLY POTENTIAL ROUTE POTENTIAL SOURCE - (CHECK UP TO 2) (CHECK UP TO 2) c ::l 0 U C ~ "tl 0 iii o . E o Gl '0 :;:; 'u iii - o Gl ClGl Cl Cl _ C " ~ c _ c c ... ~'E .c ::l Gl 'l: ,~ ~'E co. 'a. c Gl Gl ~ E - '0 ,- >- 'l: ~ - .. .. w ""l- E Gl - .c ~ .. .. E ::l 0 C .Q ~ c.. C >- - .. ... Gl ::l C .c ... ... Gl >- &1.c ::l - "- cO; 0 0 0 "tl " ~ cO; l- e :J ::l ::l"tl J: U u .5 rn I- ::l"tl Automotive Biohazard Waste Business Related Cigarette Butts Construction Fabric/Clothing Food Packaging Food Waste Household Shopping Carts Toxic Yard Waste '" Only rank the types of trash PRESENT In evaluated area from 1 through 12 (1 IS most prevalent - 12 IS least prevalent). DO NOT rank types of trash that are not present in evaluated area. Comments: Dry Weather Monitoring Agreement: D-/vlAX Engineering, Inc, June 1, 2009 5-51 Page 43 ./ " -,~..._ .." . [""""1 r""""""""" J L. Cl-, ! l ~- i '- 1'-.-.-.-.1 ". (_J ] I /,_,,"-0// -- b 1"-" JI-- '-.-.--- ,,_'___'-'" ...,!tJ.- " \ \ t. ....-. ~.. /' ~ J)jj ",' 1-J ..-..... .. ..".", /.' I w ~ _\ ,.- \ " r-- , ~,..' "'~. w ,r- . \ /v ' I . ",._,.' , . , . v ., ,.-' '" C/' .. ~ I _.~ \ _.. ,J .__.~' .J- .' I' .....111'-"._ ~ :::::In~ .-,.. I , .-., ' , \." ,~) I~ r'--"'-"'- "'~ ,,'1. \J"....til ~J .. ..~ (\~..\' -'- ~ ..' _ O' ' , ) , -" r .' ,:f :~ ~ _ / "'; ",....-:::.'i'r>- ' .._~o'" -...... ;1, .:.~ _.0 _..) _ 0-' _.,~~~,/t;l .," ~r.: ,:~." ..," .CO " .' \ \ \ .- " \J)' 1(' ..' " ,....... " , ." ....." ~. "C'----/.~~ \' ...1-' . ......'( ID.. ..,_ .." \ Ll f \ "'-. I ...' ,.-' .. _,_ c," - ..,:::""~;" \ ' I . ,- - .' " .___'" i" . ""'~:':" \~;~~~ L i!~""/ ~/;;/ .,1';;;)' , \ (f:.-.- / \, 0 }""',( ..... til L._.....___ I \ In Ll. t:I .. '-'-'''r::~. // .\ "''''''___'___., rl._'~ P' _.0 IJ .,1 ' "\ I ....- I 1 I n-..-......._Ll ., -" \ ~ . ~... -". \. ... !' /' I ....---- L.... _\_.,.//-_/~/ \...............-- f' NPDES Dry Weather Monitoring Outfalls F~bnJllry II, 200!1 Cit)' of ClllIla Vis LeQend [JJ Field, Lab [:J Field .. tEl Alternate Sites .-'1 . '-......! City Boundary C') LO I OLO ""',..c... ........., ~Ilfff ~I/?- ~ ------ orvor o IUtA VISTA C'tlCOAflOC,"'O",""""""'" ......-."..-..-. TY COUNCIL STATEMENT ~~tl~ cn,r of CHULA,VISTA MAY 26, 2009, Item ITEM TITLE: SOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUI~A VISTA APPROVING THE AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INC. TO PROVIDE FINANCIAL ADVISORY SERVICES SUBMITTED BY: DIRECTOR OF FIN E/TREASURERV REVIEWED BY: CITY MANAGE ASSISTANT CITY A 4/ST S VOTE: YES ~ NO ~X SUbIMARY Staff issued a Request for Proposal (RFP) for financial advisory services to assist in reviewing outstanding debt obligations and address current cash flow shortfalls in the Public Facilities Development Impact Fee Fund. The financial advisory firm would assist the City in identifying refunding options in order to continue meeting debt obligations in an attempt to avoid adding additional financial strain on the General Fund. Other options will also be provided in addition to restructuring of existing debt in order to determine which direction would best meet the City's long-term financial goals. If approved, the Finance Director will work with the Financial Advisor to review the various refunding options with the goal of bringing them forward for Council consideration in August. 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; 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. BOARDS/COMMISSION RECOMMENDATION Not Applicable. 6-1 MAY 26, 2009 Page 2 of 4 DISCUSSION On March 13, 2009, the City issued a Request for Proposal (RFP) for financial advisory services following Municipal Code 2.56, Ordinance No. 2517 and Council Policy No. 102-OS in the consultant services selection process. The RFP was advertised on-line in the Bond Buyer, a national publication, and posted electronically on PlanetBids, a web-based vendor and bid management system that is widely used by other local agencies. In addition, many financial advisory firms were contacted directly and invited to participate in this process. In total, five proposals from national and regional financial advisory firms were received, and all five firms were interviewed. Only firms that are members of the National Association of Independent Public Finance Advisors (NAIPFA) or are considered independent were considered. NAIPFA is a professional organization limited to firms that specialize in providing financial advice on bond sales and financial planning on public projects of public agencies. NAIPFA member firms must be completely independent of the underwriting of municipal securities by banks and securities dealers. Member firms must also be structured such that financial advice is not incidental to any other service. A three-member panel consisting of the City's Director of Finance, Assistant Director of Finance and Treasury Manager was created for the selection process. The following criteria was. used in the selection process: • extensive experience in preparing long-term financial plans, • extensive experience in structuring complex financings, • experience of assigned Project Manager and staff, • thorough understanding of the City's financial challenges as demonstrated by a comprehensive analysis in the written proposal, • pricing/costs. All five firms who submitted a proposal were interviewed. The firms were Fieldman Rolapp & Associates, Harrell & Company, K:NN Public Finance, Magis Advisors and Public Financial Management, Inc. After a comprehensive evaluation process, the selection panel recommends the contract be awarded to Public Financial Management, Inc. (PFM) as the City's financial advisor. PFM is best suited to meet the City's needs as the firm has extensive experience in restructuring debt, developing complex financing structures and preparing long term financial strategies for municipalities in fiscal strain. They have developed complex multi-year financial models for cities around the country, from Philadelphia to Long Beach, and are competitively priced. 6-2 MAY 26, 2009 Page 3 of 4 Total Scores by Firm ' ~~ ' ; firm" a ~~. ~~ota~ ~'oin~: ~a~ 5~~ 'fs PMF 48 KN N 42 Mag is 39 Fieldman & Rolapp 38 Harrell & Co. 37 Debt Restructuring As part of the City's Long-Term Financial Planning process, all outstanding debt will be reviewed for refunding opportunities .and for recommendations on how to mitigate the cash shortfalls in development revenues normally applied to debt service payments. Since 2000 the City has issued $143 million in debt used to fund several major capital projects such as the new public works yard, police facility and the expansion of -the Civic Center. The debt service payments for these capital projects are funded out of various sources such as the General Fund, Residential Construction Fund and Development Impact Fee Funds. The General Fund's annual debt service "commitment" is projected to be approximately $11.9 million, or approximately 7.9% of the projected General Fund operating budget for fiscal year 2008-09. Approximately $5.2 million was to be funded by Development Impact Fees but due to the significant drop in development related revenues, the debt service payments will have to be funded through inter-fund loans or a restructuring of existing debt until the current economic and mortgage crisis passes and development returns to reasonable levels. As part of this financial strategy, it is anticipated that debt restructuring of the 2000 and 2002 Certificates of Participation, which funded the construction of the Public Works Yard and Police Facility, may be a recommended course of action. Debt Service Obligation ~f, ~ _ h ~a~ ~ ~~ ~ : , '' ~ ~,~- '-` ° -~ ~ t, _ ., Ongmal ~ ~ ~ssuane~ ~ "Oufsta_ndmg _ Balance ,~ . -Term_ , ~ fnferest " .Rate _ ached Annual. FY 2006-09 _ 1994 Pension Obligation Bonds $16,786,532 $8,820,000 18 years 8.45% $2,460,413 2000 COP- Public Works Yard $23,730,00 $17,735,000 20 years 5.14% $1,863,484 2002 COP -Police Facility $60,145,00 $56,660,000 30 years 4.93% $3,912,578 2004 COP -Civic Center Phase I $26,692,41 $25,570,676 30 years 4.65% $1,715,506 2004 COP- Infrastructure Improvements $10,547,58 $10,104,324 30 years 4.65% $677,887 2006 COP -Civic Center Phase II $18,155,000 $17,805,000 30 years 4.32% $1,106,345 2006 COP- Nature Center $2,170,00 $2,085,000 20 years 4.32% $166,154 Total $158,226,532 $138,780,000 $11,902,367 * As of June 30, 2008 audited financial statements. 6-3 MAY 26, 2009 Page 4 of 4 DECISION MAI~R 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 IMPACT Current Year Impact No fiscal impact to the General Fund in the current fiscal year. On-Going impact The financial advisor will provide services for determining the most appropriate refunding structure. If Council elects to proceed with a debt restructuring, all costs of issuance, including the cost of the financial advisor, underwriter, bond counsel and disclosure documents related to bond refinancing/restructuring will be paid from the bond proceeds and will be dependent on the bond sizing and negotiated terms. Advisory services provided are a component of analyzing whether the bond restructuring is the most feasible option and are only paid for if the City chooses to restructure the debt. The long-term fiscal impacts to the City related to a restructuring/refunding will vary depending on the terms of the restructuring and the market conditions at the time of the refunding. A complete analysis will be provided once the various options are considered. ATTACHMENTS A. Pricing Sheet B. 2 Party Agreement Prepared by: Nadine Mandery, Treasury Manager, Finance Dept. 6-4 Attachment A Financial Advisor RFP Pricing Sheet _ Pirt'rt }' = ~ a ., '~. - Y~~ =~ . ae6~ r~suanfe/Refu0dan P~cin , y*r ; ~' u` .~.~ 1 PFM $30,000 to $40,000 each bond issuance/refunding or $60,000 to $80,000 for all outstanding COPs Out of pocket expenses capped at $2,500. Magis $36,500 for 2 or less bond issuances/refundings not to exceed $50 million. Out of pocket expenses reimbursed based on actual costs + 6%. KNN $55,000 to $105,000 depending on bond sizing & number of issuances/refundings. Out of pocket expenses capped at $4,000. Fieldman & Rolapp $60,000 for up to $100 million in bond issuance/refunding. Out of pocket expenses reimbursed based on actual costs + 3%. Harrell & Co. $80,000 per bond issuance/refunding + $10,000 per Official Statement. Out of pocket expenses capped at $1,500. 6-5 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY TIC CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BV THE CITY COUNCIL Bart C. Miesfeld City Attorney Dated: ~ ' ~ ~ . ' ~ Agreement between Public Financial Management, Inc. And the City of Chula Vista for Financial Advisory Services 6-6 ATTACHMENT 6 Parties and Recital Page(s) Agreement between City of Chula Vista and Public Financial Management, Inc. for Financial Advisory Services This agreement ("Agreement"), dated May 26, 2009 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, Public Financial Management, Inc. has extensive experience developing complex financing structures and has been the #1 financial advisor in the country for five straight years; and, Whereas, the City requires the services of Public Financial Management, Inc. to assist in developing the optimal structure for the City's debt restructuring as needed; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and (End of Recitals. Next Page starts Obligatory Provisions.) 6 - ~ Page 1 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level. of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 6 - $ Page 2 F. Insurance Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (4} Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General Liability: (Including operations, products and completed operations, as applicable) $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. 2. Automobile Liability: ~ $2,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Statutory Employer's Liability: $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee 4. Professional Liability or $2,000,000 each occurrence Errors & Omissions. Liability: Deductibles and Self-Insured Retentions 6-9 Page 3 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies aze to contain, or be endorsed to contain, the following provisions: (1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to .liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) The insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. 6-10 Page 4 (3) If coverage is canceled ornon-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date; the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (4) A copy. of the claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. -All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Consultants must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants are subject to all of the requirements included in these specifications. G. Security for Performance (1) Performance Bond In the event that Exhibit A, at Paragraph 18, indicates the need for .Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fins.treas. ovg /c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the 6-1 1 Page 5 limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance .Bond", in said Exhibit A, Paragraph 18. (2) Letter of Credit In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. (3) Other Security In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. H. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (3 0) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth 6 -12 Page 6 in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement: 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and. will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer 6-13 Page 7 If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests. to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or 6-14 Page 8 Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or .willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers), the following indemnification provisions should be utilized: (1) Indemnification and Hold Harmless Agreement With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising 6 -15 Page 9 out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agent's, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. (2) Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City 6-16 Page 10 City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants". 12.Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. - 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures 6-17 Page 11 No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing parry shall be entitled to a j udgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any. contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. 6 -18 Page 12 D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (End of page. Next page is signature page.) 6-19 Page 13 Signature Page to Agreement between City of Chula Vista and Public Financial Management, Inc. for Financial Advisory Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its teems: Dated: City of Chula Vista By: Cheryl Cox, Mayor Attest: Donna Norris, City Clerk Approved as to farm: Bart Miesfeld, City Attorney Dated: [Name of consultant] B: ame f Perso ,Title] By: [Flame of Person, Title] Exhibit List to Agreement (X) Exhibit A. 6-20 Page 14 Exhibit A to Agreement between City of Chula Vista and Public Financial Management, Inc. 1. Effective Date of Agreement: May 26, 2009 2. City-Related Entity: (~ City of Chula Vista, a municipal chartered corporation of the State of California ()Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ()Industrial Development Authority of the City of Chula Vista, a ()Other: , a [insert business form] ("City..) 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Public Financial Management, Inc. Janice Mazyck, Managing Director 5. Business Form of Consultant: ( )Sole Proprietorship ( )Partnership (~ Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 633 West Fifth Street, Suite 6700 Los Angeles, California 90071 Voice Phone: (213) 489-4075 Fax Phone: (213) 489-4085 6 - 21 Page 15 7. General Duties: The firm will be responsible for providing a broad platform of services that will result in the successful execution of financial transactions. The City's financial advisors have traditionally advised the City in structuring the issuance and sale of bonds, notes, and other securities as well as providing assistance and analyses for various projects, including negotiating financing terms, drafting documents, and advising on legislation, regulations or other procedures. 8. Scope of Work and Schedule: A. The scope of services that the Consultant shall perform include, but are not limited to, the following: 1. Advise and assist the City in considering and structuring various modes of financing, including but not limited to refundings, credit-enhancement, leased equipment financings, general obligation bonds, pension obligation bonds, and lease revenue bonds/certificates of participation. 2. Advise on the amount, timing and nature of borrowings, as well as the credit structure, maturity schedule, call provisions and other items, as needed 3. Advise on the merits of competitive, negotiated or private placement of debt. 4. Assist in the preparation of Official Statements, notices of sale (competitive offerings) and other appropriate information to prospective bond and note investors. 5. Assist in preparing and presenting timely and adequate information on proposed financings and the City's finances and operations to the bond rating agencies and institutions providing credit enhancement. 6. Evaluate the terms and recommendation of acceptance, rejection or regeneration with respect to sale bids or final pricing as applicable. This includes confirmation of competitive bids, and verification reports in the case of refundings. 7. Advise on such matters as bond registration, printing, and other matters related to the settlement and delivery of the bonds or notes, as required. 9. Assist with preparation of RFPs and evaluation of proposals for the procurement of: - Credit enhancements, including Letters of Credit and bond insurance - Investment banking services - Financial printing - Competitive offerings - Paying Agent or Trustee - Escrow Agent, if required - Verification Agent, if required 6 - 2 2 Page 16 10. In the case of competitive offerings, assume responsibility for the following: - Preparation and advertisement of Notice of Sale - Preparation of Bid Form - Advice as to manner of bid procedures - Management of competitive bidding procedures 11. Attend (in person or by telephone, as required) meetings related to debt offerings and participation in the deliberations at such meetings, including: - Preparation of Official Statement with the entire working group - Due diligence - Rating agency presentations - Pricing - Closing 12. Provide ongoing .financial advisory services as necessary, including: - Review financial issues with the rating agencies (and arrange and support calls and meetings) relating to specific debt issues and to periodic updates. - Evaluate unsolicited financial proposals received by the City, including but not limited to refundings and alternate forms of financing vehicles like risk management products. - Provide advice on investor relations and assistance in preparation of related presentation materials. 13. Advise and assist the City in structuring short-term financing programs including tax revenue anticipation notes, lines of credit, letters of credit, or other financings as required. 14. Review bond documents, regulations, rules, proposed legislation, and other documents relating to the City's financing programs. 15. Assist the City staff in drafting and preparing Continuing Disclosure documents for the investor community. 16. Assist the City when necessary in negotiating and preparing any agreements between the City and other jurisdictions participating in any financing program. 17. As necessary, resolve issues regarding the sale and issuance of bonds that are raised by prospective purchasers, rating agencies, or public officials. 18. As requested, prepare and maintain projected debt service, debt outstanding and other schedules related to City debt for use in the City budgeting processes and official statements. 19. Provide other technical assistance on debt financings, bond ratings and financing alternatives as requested by the City. 6-23 Page 17 B. Date for Commencement of Consultant Services: (~ Same as Effective Date of Agreement ()Other: C. Dates or Time Limits for Delivery of Deliverables: Debt restructuring services will be on an ongoing basis as needed, but shall be completed not later than June 30, 2012, unless otherwise extended at the sole discretion of the City. D. Date for completion of all Consultant services: June 30, 2012, unless otherwise extended at the sole discretion of the City. 9. Materials Required to be Supplied by City to Consultant: The City agrees to make available to Consultant, without cost, sufficient copies of any applicable reports, agreements, contracts, resolutions and other relevant documents and data as reasonably may be required from time to time for the prompt and efficient performance by Consultant of its obligations hereunder. 10. Compensation: A. (~ Single Fixed Fee Arrangement. Financial Advisory Services performed pursuant to debt issuance, shall be contingent on, and payable at the closing of the debt issue(s). The fee for these services shall be based on the number of COPS actually refunded and the size of the transaction(s) ranging from $30,000 to $40,000 for a single refunding to $60,000 to $80,000 for refunding multiple COPS at one time. Within the above parameters, the City Manager shall have the discretion to negotiate the actual fee to be paid for debt restructuring services, up to a maximum of $80,000. 6-24 Page 18 Single Fixed Fee Amount: ,payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ()Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each. given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that 6-25 Page 19 phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. Q Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ()Not-to-Exceed Limitation on Time. and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ , including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) Q Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials not to exceed ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. ()Hourly rates may increase by 6% for services rendered after [month], 20 ~ , if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: () None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ $ () Copies, not to exceed $ ~ 6 - 2 6 Page 20 () Travel, not to exceed $ () Printing, not to exceed $ O Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ (X) Other Actual Identifiable Direct Costs: Out-of-pocket, not to exceed $2,500 per transaction not to exceed $ 12. Contract Administrators: City: Maria Kachadoorian, Director of Finance/Treasurer 276 Fourth Avenue Chula Vista, CA 91910 Consultant: Janice Mazyck, Managing Director 633 West Fifth Street, Suite 6700 Los Angeles, CA 90071 13. Liquidated Damages Rate: () $ per day. ()Other: $ $2,500 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X)Not Applicable. Not an FPPC Filer. ()FPPC Filer () Category No. 1. Investments and sources of income. OCategory No. 2. Interests in real property. ()Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. () Category No. 4. Investments in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. 6-27 Page 21 ()Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ()Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No. 7. Business positions. ()List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 15. ()Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ()Monthly ()Quarterly (~ Other: as submitted B. Day of the Period for submission of Consultant's Billing: First of the Month 15th Day of each Month End of the Month Other: 6 - 2 8 Page 22 C. City's Account Number: 18. Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: Retention Percentage: Retention Amount: $_ Retention Release Event: ( )Completion of All Consultant Services ( )Other: H:Attorney/2pty1 ~ 6 - 2 9 Page 23 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INC. TO PROVIDE FINANCIAL ADVISORY SERVICES WHEREAS, on January 20, 2009, the City Council approved a Fiscal Health Plan which provides for along-term financial strategy; and WHEREAS, on March 13, 2009, staff issued a Request for Proposal ("RFP") for financial advisory services to assist in reviewing outstanding debt obligations and address current cash flow shortfalls in the Public Facilities Development Impact Fee Fund; and WHEREAS, the financial advisory firm would assist the city in identifying refunding options in order to continue meeting debt obligations in an attempt to avoid additional financial strain on the General Fund; and WHEREAS, the financial firm will also provide other options in addition to restructuring existing debt in order to determine which direction would best meet the City's long-term financial goals; and WHEREAS, the RFP was advertised on-line in the Bond Buyer, a national publication, and posted electronically on PlanetBids, a web-based vendor and bid management system that is widely used by other local agencies; and WHEREAS, in addition, many financial advisory firms were contacted directly and invited to participate in this process; and WHEREAS, in total, five proposals from national and regional financial advisory firms were received, and all five firms were interviewed; and WHEREAS, a three member panel consisting of the City's Director of Finance; Assistant Director of Finance and Treasury Manager was created for the selection process; and WHEREAS, after a comprehensive evaluation process, the selection panel recommends the contract be awarded to Public Financial management, Inc. ("PFM") to be the City's financial advisor; and WHEREAS, PFM is best suited to meet the City's needs as the firm has extensive experience in developing complex financing structures and has been the # 1 financial advisor in the country for five straight years; and WHEREAS, they have developed complex multi-year financial models for cities around the country, from Philadelphia to Long Beach, and are competitively priced. 6-30 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement with Public Financial Management, Inc. to provide financial advisory services. Presented by Maria Kachadoorian Director of Finance Approved as to form by ....,~ ,_ .t . ~- r f i ~ ;r ~ f// //'''' ~,.1`: CR . ;~.. ,~ '.B-~ . . Mi' sfeJld ity Attorney 6-31 CITY COUNCIL AGENDA STATEMENT ~!ft,.. CITY OF .~~ (HUlA VISTA 5/2/0/0Ci _~Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN-BUILD AGREEMENT WITH YOUNG ELECTRIC SIGN COMPA.l'N (YESCO) FOR THE DESIGN AND CONSTRUCTION ~F T. E CHULA VISTA AUTO PARK SIGN (CIP NO. RD248) . DIRECTOR OF ~ WORKS ' CITY MANAGE ASSISTAL'lT CITY NAGER ~;- 4/STHS VOTE: YES 0 NO [g] SUBMITTED BY: REVIEWED BY: SUMMARY On March 6, 2009, a Request for Proposal (RFP) was issued for proposals from qualified Design-Build Teams (DBT) to provide design services, engineering services, construction management, and construction services/coordination for the Chula Vista Auto Park Sign project. ENVIRONMENTAL REVIEW The Planning and 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 at this time the action only involves the award of a contract. Thus, no environmental review is necessary at this time. Although environmental review is not necessary at this time, once a project has been specifically defined, environmental review will be required and an appropriate CEQA determination completed prior to commencing any construction activities on the subject property. RECOMMENDATION Council adopt the Resolution. BOARDS/COMMISSION RECOM.l"IENDATION Not applicable. DISCUSSION BACKGROUND In June of 2005, the Chula Vista Redevelopment Agency (Agency) and Sumoad CV Auto, Inc. (Developer), entered into an Owner Participation Agreement ("OPA") for the development of the 7-1 5/12/09, ItemL Page 2 of 4 Chula Vista Toyota auto dealership. The OPA includes an obligation for the Agency to diligently pursue the construction of an Auto Park directional sign ("Sign") along Auto Park Drive (Main Street) in the vicinity ofthe eastern boundary of Interstate 805 for the benefit of the entire auto park (see Attachment 1). In April 2008, the OPA was amended, indicating that the City, rather than the Agency, would build the sign. PERi.\1ITTING Two permits will be required to build the proposed directional sign for the Chula Vista Auto Park: an Outdoor Advertising (ODA) Display Permit and a Public Property Sign Permit. The permit processes are described below. Outdoor Advertising Display Permit: The proposed Auto Park Sign will be visible from a portion of the 805 Freeway that is designated as a "Certified Landscape Area." According to Section 5200, of the Business and Professions Code (the Outdoor Advertising Act), signs such as the one being proposed are allowed (by permit) adj acent to the certified landscape area if they are located within the limits of a redevelopment project area.2 CalTrans reviewed the Auto Park Sign concept] and issued a Preliminary Determination of approval for the sign - the first step to a sign permit. The actual Outdoor Advertising Display Permit will not be issued until after the City's permit process (Public Property Sign Permit) is complete. At that time, CalTrans will review the Auto Park Sign once more, issuing an Outdoor Advertising Display Permit and decal. Public Property Sign Permit: The City of Chula Vista's Sign Policy (Council Policy 465-02) regulates signs on property owned or controlled by the City. The Auto Park Sign will be sited on property controlled by the City or Agency and will therefore be governed by the Sign Policy and the Public Property Sign Permit process. In accordance with the Sign Policy, the Director of Development Services will issue the Public Property Sign Permit. . DESIGN-BUILD TEAL"'! SELECTION On March 6, 2009, a Request for Proposal (RFP) was issued for proposals from Design-Build Teams to provide design services, engineering services, construction management, and construction/coordination for the Chula Vista Auto Park Sign project. The City received seven (7) proposals from the following firms: 1. Stanford Sign & Awning, ChulaVista, CA 2. Ad Art Sign Company, San Francisco, CA 3. Fluoresco Lighting & Signs, Tuscon, AZ 4. Young Electric Sign Company, San Bernardino, CA 5. Ultrasigns Electrical Advertising, Las Vegas, CA 6. San Pedro Electric Sign Company, San Pedro, CA 7. Roel Construction Company, San Diego, CA A selection committee, appointed by the City Manager, reviewed the proposals and conducted interviews. Based on the proposals, Young Electric Sign Company (YESCO) was selected as the 2 The advertising on these signs is limited to businesses in the redevelopment project area. ) A design concept for the sign was developed several years ago, with input from the auto dealers. This concept is subject to change through the permitting process. 7-2 5/12/09, Item2 Page 3 of 4 Design Builder with extensive construction experience for this type of proj ect and who could best meet the City's development schedule, monetary and time criteria of the project. The DesignjBuild Team of YESCO offers an excellent combination of design and construction expertise for this type of project. PROJECT SCOPE At'ID CONTRACTUAL REOUIREMENTS As proposed, the services to be provided by YESCO are generally to be performed in three phases: (1) Design Services, (2) Construction Services, and (3) Operations. YESCO shall perform all services, work and obligations as described in the RFP for a Guaranteed Maximum Price ("GMP") which will be set at 90% construction documents and shall include all Design Services and all Hard Construction Costs necessary to provide a fully completed and functional Chula Vista Auto Park Sign including, but not limited to: general conditions, the cost for all labor, equipment, material and the YESCO Fixed Fee which includes fees and expenses of any type associated completing the Chula Vista Auto Park Sign. Any cost incurred by the YESCO in excess of said GMP shall be the sole responsibility of YES CO.. CHANGE ORDERS Under the designjbuild process, change' orders are handled differently than under the designjbidlbuild process. Change orders are only returned for Council approval if they exceed the approved GMP, or are for additional work requested by the City, which results in a significant change to the original scope. Otherwise, change orders are reviewed/approved by staff and the design builder. This practice is commonplace when using the designlbuild construction technique. 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 ofthis action. CURRENT FISCAL IMPACT There is no impact to the General Fund as there are sufficient existing funds in the project necessary for completion. A breakdown of project costs is as follows: FUNDS REQUIRED FOR SIGN PROJECT A. Design Build Contract Estimate Amount $798,487 B.City Contingency $120,000 C. Staff Time Estimate 5180,000 D. Utilities $20,000 E. Special Inspections 581,513 TOTAL FUNDS REQUIRED FOR SIGN PROJECT $1,200,000 7-3 5/12/09, Iteml Page 4 of 4 FUi'ol)S A V AILABLE FOR SIGN PROJECT Existing CIP (RD248) funded by 2008 Ta.x Allocation Bond funds $1,200,000 TOTAL FUNDS A V AILABLE FOR SIGN PROJECT $1,200,000 ONGOING FISCAL IMPACT None. ATTACHMENTS 1. Vicinity Map Prepared by: Gordon Day, Suilding Project Manager. Public Works-Engineering K:IENGINEERIRESOSIResos2009\05-12-09\CV Auto Park Sign CAS-jfk.doc 7-4 -+- C Q) E .c u o -+- -+- <( - ~ r: ~ >. ..;..j .;... ~ ''''; Q .,..; > ~E):I: >- .... 0< a: U 0 o Z ..J RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN-BUILD AGREEMENT WITH YOUNG ELECTRIC SIGN CONlPANY . (YES CO) FOR THE DESIGN At'W CONSTRUCTION OF THE CHULA VISTA AUTO PARK SIGN (CIP NO. RD248) WHEREAS, in June of 2005, the Chula Vista Redevelopment Agency (Agency) and Sumoad CV Auto, Inc. (Developer), entered into an Owner Participation Agreement ("OPA") for the development of the Chula Vista Toyota auto dealership; and WHEREAS, the OP A includes an obligation for the Agency to diligently pursue the construction of an Auto Park directional sign ("Sign") along Auto Park Drive (Main Street) in the vicinity of the eastern boundary of Interstate 805 for the benefit of the entire auto park; and WHEREAS, in April 2008, the OPA was amended, indicating that the City, rather than the Agency, would build the sign; and WHEREAS, on March 6, 2009, a Request for Proposal (RFP) was issued for proposals from Design/Build Teams to provide design services, engineering services, construction management, and construction/coordination for the Chula Vista Auto Park Sign project; and WHEREAS, the City received seven proposals from the following firms: 1. Stanford Sign & Awning, ChulaVista, CA 2. Ad Art Sign Company, San Francisco, CA 3. Fluoresco Lighting & Signs, Tuscon, AZ 4. Young Electric Sign Company, San Bernardino, CA 5. Ultrasigns Electrical Advertising, Las Vegas, CA 6. San Pedro Electric Sign Company, San Pedro, CA 7. Roel Construction Company, San Diego, CA WHEREAS, a selection committee, appointed by the City Manager, reviewed the proposals and conducted interviews; and WHEREAS, based on the proposals, Young Electric Sign Company (YESCO) was selected as the Design Builder with extensive construction experience for this type of project and who could best meet the City's development schedule, monetary and time criteria of the project. 7-6 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula does hereby approve a design-build agreement with Young Electric Sign Company (YESCO) for the design and construction of the Chula Vista Auto Park Sign (CIP No. RD248). Presented by Richard A. Hopkins Director of Public Works 7-7 CITY COUNCIL AGENDA STATEMENT ~!ff:. ClIT OF .J~ (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: OS/26/2009, Item~ PUBLIC HEARING TO CONSIDER A1'J APPLICATION FOR THE REZONE (PCZ-08-01) OF THE PROPERTY LOCATED AT 1778 BROADWAY; CONDITIONAL USE PERL\1IT (PCC- 08-00S0; DESIGN REVIEW PERMIT (DRC-OS-14) TO ALLOW THE CONSTRUCTION OF A 14,105 SQUARE FOOT BUILDING FOR THE ESTABLISHMENT OF A RECYCLING CENTER AT 1778 BROADWAY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ADOPTING MITIGATED NEGATIVE DECLARATION IS-OS-006; (2) APPROVING CONDITIONAL USE PERMIT PCC-OS-008; (3) AND APPROVING DESIGN REVIEW PERLvlIT DRC-08-14 TO ALLOW THE CONSTRUCTION OF A 14,105-SQUARE FOOT, ONE- STORY, INDUSTRIAL BUILDING A1'JD ASSOCIATED SITE 1VIPROVEMENTS FOR THE ESTABLISHfvIENT OF A RECYCLING CENTER AT 1778 BROADWAY ORDINA1'JCE OF THE CITY OF CHLILA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY fvfUNICIP AL CODE SECTION 19.18.010 BY REZONING THE 0.8S-ACRE PARCEL LOCATED AT 1778 BROADWAY FROM THE COMMERCIAL THOROUGHFARE WITH PRECISE. PLAN (CT-P) ZONE TO L1VIITED INDUSTRIAL WITH PRECISE PLA1'J (IL-P) ZONE . I L-- GARY HALBERT~P.E., AICP, DEPUTY CITY MANAGERlDEVELOp ENT SERVICES DIRECTOR CITY MANAG 4/STHS VOTE: YES D NO 0 SUMMARY The owner of the property located at 1778 Broadway, Latif Zoura (Owner/Applicant), filed applications on November 21,2007 for construction of a 14,105 square foot, one- story, industrial building and the associated site improvements (parking, landscaping, access and circulation) for the establishment of a recycling center. The proposed project involves the development of a vacant parcel located at the northwest comer of Broadway 8-1 OS/26/09, ItemL Page 2 of9 and Faivre Street in the southwest area of Chula Vista (see Attachment I - Locator Map; Attachment 2 - Aerial Map), within the Merged Chula Vista Redevelopment Project Area. The applications submitted include a Rezone of the property from the current Commercial Thoroughfare with Precise Plan (CT-P) to Limited Industrial with Precise Plan (IL-P), Conditional Use Permit for the recycling use, Design Review and Preliminary Environmental Review. The action to be considered by the City Council is for the following: I) Rezoning of the property from CT-P to IL-P, 2) approval of a Conditional Use Permit and 3) approval of Design Review Permit for the development of the proposed project. The rezone is necessary in order to make the zoning consistent with and implement the General Plan designation. State law (Government Code 65854-65861) establishes the process for adopting zone changes of property and requires that the Planning Commission hold a public hearing on proposed rezoning actions and provide a written recommendation to the City Council. In addition to the Planning Commission's recommendation on the rezone, Chula Vista Municipal Code (CYMe) Section 2.55.050 provides that the Chula Vista Redevelopment Corporation (CYRe) has the same legislative functions as the Planning Commission, in cases such as those that involve rezoning. The CVRC is also the review authority for administrative and quasi-judicial functions, such as Conditional Use Permits (CUP), Design Review and Tentative Maps, for projects located within the City's redevelopment areas. The Planning Commission's and the CYRC's recommendation on the rezone, as well as the CVRC recommendation on the CUP and Design Review are being forwarded to the City Council for final consideration and approval. ENVIRONMENTAL REVIEW The Environmental Review Coordinator reviewed the proposed project for compliance with the California Environmental Quality Act and prepared an Initial Study, IS-08-006, in accordance with the California Environmental Quality Act (CEQA). Based upon results of the Initial Study, the Environmental Review Coordinator determined that the project could result in ,impacts on the environment. However, revisions to the project made by, or agreed to, by the applicant would avoid the impacts, or mitigate the impacts, to a point where no significant impacts would occur. Therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-08-006 which was made available for public comment from March 24, 2009 to April 23, 2009. No comments were received. RECOMMENDATION That the City Council (I) adopt Mitigated Negative Declaration 15-08-006; (2) Approve Conditional Use Permit (PCC-08-008); (3) Approve Design Review Permit (DRC-08- 14); and (4) Introduce an Ordinance adopting Rezone (PCZ-08-01) for the 0.88-acre site at 1778 Broadway from Commercial Thoroughfare with Precise Plan (CT -P) to Limited Industrial with Precise Plan (IL-P). BOARDS/COMMISSION RECOMMENDATION The project was presented to the Redevelopment Advisory Committee (RAC) on February 7, 2008 and March 19, 2009. At the first meeting, the RAC had some concerns 8-2 OS/26/09, Item~ Page 3 of9 about the traffic, internal circulation for vehicles and pedestrians, landscaping, and storm water management. After the first meeting, the applicant re-designed the project to downsize the proposed building from its original proposal ofa two-story, 16,795 square foot building, for the recycling center and wholesale businesses to the current design of a one-story, 14,105 square foot building only for the recycling center. On March 19,2009, the RAC reviewed the proposed project for the second time and recommended the project be forwarded for approval of the project proposal as revised. Summary meeting notes are included as Attachment 3 - RAC Meeting Notes. On May 13, 2009, the Planning Commission reviewed the proposed Rezone and recommended by a vote of 6-0-0-1 that the City Council adopt the Negative Declaration and approve the Rezone. On May 14, 2009, the CVRC reviewed the proposed Rezone, the requested Conditional Use Permit and Design Review Permit. The CVRC recommended by a vote of 5-0-0-1 that the City Council adopt the Negative Declaration and approve the Rezone, Conditional Use Permit and Design Review Permit. DISCUSSION 1. Project Location The project is proposed on a vacant parcel approximately 0.88 acre (38,342 square feet) located at the northwest comer of Broadway and Faivre Street in the southwest area of Chula Vista. The property is also bounded by 27th Street (a small industrial street) on the west side. The site is located within the Merged Chula Vista Redevelopment Project Area. 2. Project Description The project consists of the construction of a 14,105 square foot, one-story, industrial building for the establishment of a recycling center (see Attachment 4 - Conceptual Design Plans). The building will have an exterior height of 30 feet. The project also includes the construction of a 19-space parking lot, new landscaping (12,567 square foot), and a new trash enclosure. The proposed project includes the under grounding of an open drainage channel within the City's right of way, the dedication of street right-of- way, and construction of street improvements (sidewalks, curbs and gutters) on three sides of the property (along Broadway, Faivre and 27th Street). Landscaping materials, including trees, shrubs and groundcover, will be located along the periphery of the lot, as well as key areas along the building. Landscaped areas account for approximately 33% of the site's area. The proposed one-story building structure is generally located in the center of the lot, and the two main building elevations face Broadway and Faivre Street. The proposed 'building has an industrial contemporary design. The proposed struchlre consists of concrete tilt-up panel structural design. The structure's exteriors are proposed to be finished in colored stucco and stone veneer. The color combination uses earth tone color hues, such as light tan and light brown. Store-front systems will consist of tempered glass window panels with black aluminum framing. Overhangs around the building at 8-3 OS/26/09, ItemL Page 4 of9 the top and mid-section will be covered with a natural color aluminum fascia. Roll up doors painted in dark brown color will be used to provide primary access to the Recycling Center. In order to facilitate circulation in this area, on February 12, 2009 the Safety Commission approved specifications for 27th Street, which was previously designated as a two-lane industrial street, to be modified from the 72-foot wide industrial street standard to a 40- foot wide, one-way street segment with traffic heading southbound. This action also provided significant relief to property owners for required improvements along this segment of 27th Street. The revised circulation plan provides access to the site from three driveways located on Broadway, Faivre Street, and 27th Street, as follows: 1. 24-foot driveway on Broadway providing ingress only and direct access to the recycling center; entry-only signs will posted on both sides of the driveway; 2. 20-foot driveway on Faivre Street is providing egress only; and, 3. 25-foot driveway on 27th Street which provides both ingress and egress. The circulation plan allows customers to drop off their recyclables by driving through a vehicular entrance to the building located on the east side of the building on Broadway or by walk up (Attachment 4 - Conceptual Design Plans). Customers will drive their vehicles inside the facility to the scale area. Employees will download the recycling material (plastic, aluminum, glass, paper) into large containers for weighting purposes. Customers then drive their vehicles to the cashier booth for payment. After collecting payment, customers will be able to leave the facility through one of the two vehicular exits located on the building's south and west elevations and use the adjoining Faivre Street or 27th Street driveways. Once weighted, the recycling material will be mechanically compacted with propane powered fork lifts transporting the compacted material to a storage room located in the rear of the building. Once or twice a week, the recycled material will be hauled away. The rear of the facility is located on the west side facing 27th Street. Storage, trash enclosures, a loading area and some parking will be located in this area. The entrance/exit driveway on 27th Street will provide access for large truck traffic hauling the compacted recycled materials and trash. The employees may also use this driveway to park their vehicles in the parking spaces provided within this area. Pedestrian access onto the site and building is provided via designated pedestrian walkways adjacent to the driveways on Broadway and Faivre Street beyond a landscape planter. 3. Land Use and Zoning The site is located in an area designated for industrial uses and characterized by a mixture of commercial and industrial uses. The site's General Plan land use designation is Limited Industrial (IL), while the Zoning classification is Commercial Thoroughfare with a Precise Plan (eT -P). The existing land uses on and adjacent to the subject site, as well as the land use designations, are shown in the table below. 8-4 OS/26/09, Item~ Page 5 of9 General Plan Zoning Designation Existing Uses Designation Site Limited Industrial Commercial Thoroughfare Undeveloped Lot, with Precise Plan (CT-P) North Limited Industrial Commercial Thoroughfare Produce with Precise Plan ICT-P\ Market/Used Car Lot East Limited Industrial with Thrift (Across Limited Industrial Precise Plan (IL-P) Store/Warehouse Broadwav) South Limited Industrial with (Across Open Space Precise Plan (IL-P) Undeveloped Lot Faivre St.) Construction West Limited Industrial with Equipment Storage (Across 27'" Limited Industrial Precise Plan (IL-P) ( approved future St.) industrial multi- tenant buildine) Rezoning of the property from CT-P to IL-P will make the zoning consistent with and implement the General Plan designation. Other discretionary actions required for project implementation include a Design Review approval for the new industrial building and a CUP (pursuant to CYNIC S 19.58.345) to allow the recycling facility. 4. Analysis The project has been evaluated in accordance with the goals and objectives of the Chula Vista General Plan (2005), the Zoning Ordinance, the City's Design Manual, Landscape Manual, and the Amended and Restated Redevelopment Plan (2004). It is noted that the 2004 Redevelopment Plan refers to the General Plan and Zoning Ordinance for land use guidance. Rezone General Plan Consistency The project site is located within the Southwest Planning Area of the General Plan within the Main Street District (see Attachment 5 - General Plan Southwest Planning Area). While the General Plan designates the site for limited industrial uses, the site is currently zoned CT-P which allows a wide array of heavy commercial uses. The applicant has requested to rezone the site from CT-P to IL-P which would result in a consistent zone with the 2005 General Plan. The Vision for the Main Street District states that: "Light or limited industrial uses extend within previously disturbed development areas south of Main Street to the edge of the Otay River Valley open space. ,. The development proposal would implement the General Plan Land Use and Transportation (LUT) Policy 45.6 which states: 8-5 OS/26/09, Item~ Page 6 of9 "Maintain Main Street primarily as a limited industrial corridor. " The proposed rezone would allow industrial uses to be developed consistent with the City's General Plan policy for the site. The recycling center is a conditionally permitted use in the IL-P zone. Conformance with CYMC Chapter 19.80 CVlYIC Chapter 19.80 (Controlled Residential Development) applies to development projects that involve a rezone to or from a residential zone. The proposed project requests a rezone from a commercial zone to an industrial zone. Therefore, CYMC 19.80 does not apply to this project. Conditional Use Permit CYMC Section 19.58.345 states that recycling centers may be permitted with a CUP in commercial or industrial zones. The proposed recycling facility is desirable because it will increase general public convenience by providing for the demand for recycling services necessary for the implementation of recycling efforts in the area. The project will provide a convenient facility for the general public to return recyclable items, contribute to the re-cycle, re-use of resources and obtain a monetary refund that will support the family finances. The proposed project, as designed, will provide a new building facility that will enhance the area. The findings required by CYMC 19.14.080 for the issuance of CUP's, and supporting evidentiary basis that permits the stated findings, are included in the attached resolution. Design Review The project's site and building design were reviewed and evaluated based on the development standards of the City's Zoning Ordinance and the guidelines of the City's Design Manual and Landscape Manual. The following table provides a comparison of the proposed project development standards to the minimum required development standards for projects within the Limited Industrial Zone. -,' limitedln"dustrial Zone Propo~ed Project " . ..... . . Standards. Standard Height: Three and One-Half Stories, or One story (30 feet) 45 feet. Minimum Lot Area: 10,000S.F. 38,342 sa. ft. (0.88 acres) Setbacks: Required: Proposed: Front (Broadway): 20 feet 52 feet Ext. Side (Faivre Street): 15 feet 22 feet min. lnt. Side (27th Street): o feet 25 feet min. Rear: o feet 2 ft. min. Parki ng: Parking Required: Parking Provided: Recycling Ctr. (10,490 sq. ft.): 1/800 sq. ft ~ 13 spaces Standard: ] 8 spaces Recycling Office (843 sq. ft): 1/300 sq. ft - 3 spaces Handicap: 1 space Storage area (2,772 sq. ft.): ] /] 000 sq. ft. - 3 spaces Total required:] 9 spaces Total provided: 19 spaces 8-6 OS/26/09, ItemL Page70f9 In general, the City's Design Manual guidelines are intended to promote development which respects the physical and environmental characteristics of the community and the site, and which reflects functional and attractive site planning, and high quality design. The guidelines for industrial development in the City's Design Manual are intended to: Encourage projects which respect the character and scale of adjoining developments, with particular attention to sites in older, mixed-use areas, and sites which adjoin residential neighborhoods or other uses which may be particularly sensitive to the scale and impacts of industrial development. (CVDlVI p. IV-i). The proposed building represents a significant improvement for the area, which is characterized by older, non-de script buildings that lack order, function or appearance. The proposed new building incorporates innovative and imaginative architecture, which results in high quality industrial development. The building style and use of materials, such as concrete panels, stucco and stone veneers, exceed the standards of quality of the existing surrounding buildings. Promote a functional and attractive arrangement of buildings, open spaces, parking, circulation and loading areas which are sensitive to the physical characteristics and constraints of the site, and which provide efficient and pleasant places to work. (CVDM p. IV-i) The placement of the building in the center of the site and its relationship to parking creates a functional arrangement that provides appropriate access to the site and building for pedestrian and vehicular traffic. The positioning of the landscape materials around the site and around the building provide adequate screening of parked vehicles from public view and enhance the building's architecture. Create a high quality of architectural and landscape design, with an emphasis on functional needs, reducing the apparent mass of large scale buildings,. and screening and buffering loading, storage and working areas from incompatible land uses andfrom the public view. (CVDM p. IV-i) The new industrial building provides a centrally located focal point for the site, which is currently vacant, and fills a significant void in this comer of the neighborhood. The landscape plan will be functional and vernacular. The new building will be designed with a variety of elements along its facade that are well articulated and create interest. The use of earth tone colors and stone veneer, as well as the use of aluminum fascia, make the project consistent with the colors and materials found in the area. The applicant incorporated a number of revisions into the project design to address issues raised at the first RAe meeting. The driveway entrances/exits on Broadway and internal circulation of the site have been revised to allow for one-way traffic (entrance only) providing direct access into the recycling center, as well as access to the parking lot. Once the customer enters the recycling center building there are two drive aisles for the 8-7 OS/26/09, Item~ Page 8 of9 customers to drop off the recyclable items. Two exit routes in different locations have now been provided for customers to prevent stacking on Broadway. The customers can either exit to Faivre Street and use the exit only driveway or continue through to the 27th Street two-way driveway (in and out of the site). Large truck traffic will use the 27th Street driveway for pick up once or twice a week of the recycled materials and trash pick up. The employees may also use this driveway to park their vehicles in the four parking spaces. As part of the environmental review, the applicant commissioned a Traffic Study, which was prepared by Linscott Law & Greenspan. The Traffic Study analyzed the intersection of Broadway and Faivre Street for any potential impacts due to the proposed project. The study concluded that the maximum minor-street left-turning volume from Faivre Street is 50 trips during the PM peak hour. Approximately 100 peak hour trips would be required to warrant a traffic signal on a peak hour basis. In addition, Faivre Street is forecasted to have 1,400 ADT on a typical weekday. This is a very low 24-hour volume and would not warrant an 8-hour traffic signal. Therefore, the Traffic Study concluded that the project does not warrant a traffic signal or any other additional alterations to the traffic circulation on or off the site, other than the internal circulation modifications requested by the RAC and shown on the plans. Pedestrian access was improved with the removal of two parking spaces and relocation of the pedestrian access beyond a landscaped area adj acent to the driveway. In an effort to comply with the City's National Pollutant Discharge Elimination System (NPDES), the applicant submitted a Water Quality Technical Report (WQTR), Drainage Report, and revised plans to comply with the standards. According to the Engineering Department, the reports and the site's BMP's are in compliance with the NPDES requirements. A final Drainage Study will be required during the grading permit submittal. Revisions to the landscape plan were also made to minimize turf areas, provide parking lot screening, increase percentage of native planting, and carry the Broadway streetscape (using theme tree Washingtonia) into the streetscape landscape design in front of the property. CONCLUSION The proposed IL-P zone for the site would be consistent with and implement the goals and objectives of the General Plan. The proposed project components are appropriate due to the site's adjacency to both industrial and commercial development, as well as adequate existing infrastructure. Further, the proposed project, as conditioned, complies with the adopted zoning and development standards for the site, as well as the established guidelines of the Chula Vista Design and Landscape Manuals. The project will provide a useful, convenient, beneficial facility to the immediate area and the Chula Vista community. The project will provide a facility with quality architectural design, landscaping, and convenient parking. The project is well planned in terms of its internal circulation and interface with the street, and it will not create traffic impacts or spill-over negative effects. Therefore, staff recommends that the City Council approve of the Rezone, the Conditional Use Permit and Design Review Permit. 8-8 OS/26/09, 1temL Page 9 of9 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. CURRENT YEAR FISCAL IMPACT The proposed applications are for a private project, and the processing of the applications and all staff time is being paid by the Property Owner/Applicant. The Property Owner is responsible for the maintenance the project. ONGOING FISCAL IMPACT The proposed project will create an increase in assessed valuation and the Redevelopment Agency will receive one percent of this increase as tax increment revenue. Of the one percent, the Agency will place 20% in the low and moderate income housing fund, and will give 20% to the County of San Diego, 7% to the Sweetwater Union High School District, 2% to Southwestern Community College, 1 % to the San Diego County Office of Education, and 11 % to the Chula Vista Elementary School District, leaving the Agency approximately 39% percent of the 1 % increase in assessed valuation available for redevelopment activities. These pass-through percentages are applicable to the Southwest Project area only. ATTACHMENTS 1. Locator Map 2. Aerial Map 3. RAC Meeting Notes 4. Conceptual Design Plans 5. General Plan Southwest Planning Area 6. Disclosure Statement 7. Mitigated Negative Declaration 1S-08-006 Prepared by. ,\,Jfiguel Z. Tapia. Senior Planner, Development Services Department 8-9 J 00 ~ o 2: Vi raivre Si LLLJ ATTACHMENT 1 0111110] 1IIII1111 I Tremont St o I PROJECT Ii.OCA1fU)~ Main Sl 1;; . . f; ,... . C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRlPTlON: C) A?PUCAN"P. Broadway Recycling Center DESIGN REVIEW PROJECT 1778 Broadway Project Summary: Proposing a new one story, 14,105 Sq. FL ADDRESS: Recycling center. SCAJ..E..: FILE NUMBER: NORTH No Scale DRC-08-14 Related cases: IS-<J8-J06. PCZ-:J8-01. PCC-<J8-J08 L;\Gabe Files\lacators\drc:J814.c:::ir 11.29.07 8-10 ATTACHMENT 2 ~ ....:l ~ o ..... ~ ~ u S o ;... '-+-i (J) !::: o N (J) ~ '"d (J) tJJ o p.. o ;... ~ M a I 00 a I N U ~ < :}~IH 6~ 'lJ i/I~:S d 1I'~2 v ATTACHMENT 3 DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CHULA VISTA REDEVELOPMENT ADVISORY COMMITTEE (RAC) MARCH 19,2009 6:00 PM " CVPL) COMMUNITY ROO,,,, Adjourned Regular Meeting of the Chula Vista Redevelopment Advisory Committee was called to order at 6:01 p,m, in Chula Vista Police Department (CVPD) Community Room. RAC ROLL CALL PRESENT: Clayton, Martinez, Gilgun, Aguilar, Zimmerly, D'Ascoli, johnson, and Chair Moctezuma ABSENT: Rovi ra-Osterwalder ALSO PRESENT: Associate Planner Steichen, Associate Planner Young, Senior Planner Tapia, Ken Smith, Architect for Infinity Homes, the Engineer and Architect for the Broadway Recycling Center project, Principal Project Coordinator Hines, and Sr. Administrative Secretary Fields o 1. ELECTION OF CHAIR & VICE CHAIR Joanne Clayton was elected Chair of the RAe. Linda Gilgun was elected Vice Chair. 2. APPROVAL OF MINUTES December 18, 2008 3. ORAL COMMUNICATIONS There were none. 4. OPEN HOUSE AND PROJECT REVIEW 4.a. Proiect Review No.2: Project Manager: Broadway Recycling Center; 1778 Broadway Caroline Young, Associate Planner Summary: . Delay in project's processing due to resolution of 27'h Street improvement issues. . Plans have been revised to address the concerns raised at the first review of the RAC, particularly related to traffic flow into and out from the project and internal circulation and landscaping, The removal of the wholesale business use provided the flexibility needed to revise the plans, 8-12 DRAFT . The proposed plan is similar in concept to another of the owner's facility located at Fourth Avenue and Main Street. Questions & Comments Received: General . Good design that incorporated RAe's comme nts (RAC) . Welcome new development opportunities in the existing market conditions. (RAC) Landscaping . Look at the use of new technology to assist with landscape irrigation (RAC) . Use of ground cover that requires less maintenance and water versus grass (RACY Air Qualitv . How will the air quality of the interior space be addressed? (RAC) Response: Air quality report provided one year ago. Building code requires appropriate ventilation of the interior. (Applicant) ACTIQN: The committee voted unanimously to send the project to the CVRe. . 4.b. Proiect Review No.1: Project Manager: Infinity Homes, LLC, Landis Medical Building Jeff Steichen, Associate Planner Summary: . Plans have been revised to address the majority of concerns related to pedestrian orientation, architectural articulation, building massing, location/screening of parking and landscaping raised at the first review of the RAe. Questions & Comments Received: General . Good design (colors and massing) that incorporated RAe's comments (RACY . Welcome new development opportunities in the existing market conditions. (RAC) Davidson Street . Proposed plan shows grate in the driveway and location of the transformer and loading space near/at the driveway entrance on Davidson. Desire to have a more appealing pedestrian experience along Davidson. Possible enhancements could include well lighting within the landscaped areas for nighttime use, anti reflective glazing on windows, and coloring of concrete ramps to soften appearance. (RAC) Noise Page :2 - RAe Minutes htto:! /www.chulavistaca.gov March 19, 2009 8-13 ORA FT . Concern related to the noise of the transformer? (RAC) Response: Transformer cannot be heard 10 feet away. Planters above the area will help to absorb any noise. (Applicant) ACTION: The committee voted unanimously to send the project to the eVRC with three suggestions: 1) softening of the ramp using color, 2) special paving to indicate pedestrian crossings, and 3) no reflective glass on the windows facing Davidson. 5. MH"IBER COMMENTS There were none. 6. STAFF COMMENTS Principal Project Coordinator Hines called attention to a flyer she distributed to members on a workshop being held on March 23m regarding stimulus funds the City has been receiving. The workshop will cover our priorities, and inquire as to how the community would like to see the money spent. 7. ADJOURNMENT Meeting was adjourned at 6:59 p.m. to a regular adjourned meeting of April 2, 2009. . Page 3 - RAe Minutes http.//w,vw.chulavisraca.\;o\ March 19.2009 8-14 ~b~-~--Z- ;lliIHU!j( C.. .~,:.t=z:_ = ",illl>l . --8.r-:--~"- '1II'''2!'' - ... III!l'll '1~:::::::r::" ...; tl.;':!l:i ::: - ~ m1J..: I~:I".'.'.I'" .~ JI'l!'!:! o :, . 5:2 .:".: en >- ---' " z " " ill a: " ~l ~ " . Cl. u 3 u G t , ! L z '" '.~ ;Hi .1. ~i~ I'~ '.....1'1...51 i~l" i~ i~ii ~ <i .~ I:_I~ a.. ~ ~ ~ ~ ~ 8 '" UJ 1 I;; i~ i:6 ;~ 2 .. :~ ~I i!li..J G~.t i ia ~ I~ LU ::t~ II.. I~ 0::1 ,i S 3a ~ ~ ~ ~ ~ 'I~~ x ~~ ~ ~ Igi; " ~,~~Ii ~ ~ I~ l ,g,~ I~ ~I~'~ '~ t.." 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Ill, @P .._..i.."~\ ;;"E".;! - . .. ~'fl All '.,., e,' I L(i~v [..-lED. or'ElI (wal Sf'A.C~ 1.!t,UIEP lil(JU;.'-lr':lr>'L <Ii >. <l: .c:: 1:: :J o u.. <Ii >. <l: -e ~ -:.I"i\(:i:: n~t::Sl.:i(\'~. (If"ai ::ij-'/'.(.:t: l;i\'Fc~FI'....T 4 Nor 10 SCAl.E LWEI.: i:'P'LE OfEt! SI".....C::: Otay Valley Regional Park Figure 5-24 . Main Street District U~,'Ii1r{) ,; > <{ >, c ro !3 <{ ontgomery St. ..::..!: ~:L:~~,. (! LOW-IAElJ. :Gi -~Zenitjl-St.--~~~;'t...~~ '.~-' lil fJ' U/AlrED INDuS r. ,\1 _.~ ,._~._..,~-.~..~.-- if ItH:'u5Ii:J/\L !:.F ~--;. LOw'.J./,lED. ~ ..: .<::1 Q. 2 :::: i /',:.r.'/Ir,]'( El [~H. 5CH. ) ~ LiI/lrED ItJDIJ:-;r. UM1T'EO INl'U'3T1'.l,.\1. ,Ja f~E~:; HiGH . , qeE1-J Sr~hCE fTESEI~VE ~ r-:E~:;. ~,l~:J', 1111711 --- Ot7Er~ ~;f'ACE ,">!>.E:)n~\/r:: LEGEND 4i) @ fUTURE TRANSlf STJ\T!(/N POTENTIAL COMMur>JJTY PARK ... . . . ..-.. FUTURE TRANSIT nOUTE AREAS OF CHANGE EX15 liNG LANIJ USE Page LUT-157 ~\(t.- ~~ 'i::~~E" em ,~ CHUlA Vl'>IA )> -l -l )> o I ~ m z -l 01 ATTACHMENT 6 Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require'discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. .lAne v1A LJ ~;;~; \ :i c ~"~C~1j ^ 9 : vJ::::- I \ '" ?-".... (,{J-- aLJ V\.ev 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity ~ /9- ( v f 3. If any person* identified pursuant to (1) above is a nan-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust I /'\/ / v ( Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. A . 4. --l!~' ~ ~ r_J.~~ \\'^2i 5. Has any person'" associated with this contract had any financial deal~ with an official...... of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_~ If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City CouncH~ Yes _If yes, which Council member? . 8-20 'tif;2...0 7. Have you provided more than~r an item of equivalent vaiue) to an offic:al.. of the City of Chula Vista in the past twel~12) months? (This includes being a source of income, money :.0 retire a legal debt, gift, loan, etc.) Yes_~ :,. . If Yes, which official" and what was the nature of item provided? Date c:; - /1 - \) 1 Signature of Contracto ppli l P.r-Ti ( 2--0 >1 ~ Pr Print or type name of Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture, association. social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -Of any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Chula Vista Redevelopment Corporation member, Planning Commissioner, member of a board, commission, or committee of the City, employee, Of staff members. . September 8, 2006 8-21 Mitigated Negative Declaration ATTACHMENT 7 PROJECT NA\\1E: Broadway Recycling Center PROJECT LOCATION: 1778 Broadway ,. ASSESSOR'S PARCEL NO.: 629-040-26-00 PROJECT APPLICAt'{T: Latif Zoura (Owner! Applicant) Vian Yakou (Agent) CASE NO.: 1S-08-006 DATE OF DRAFT DOCUNfENT: March 2. 2009 DATE OF FINAL DOCUNfENT: A. Prol ect Setting The 0.88-acre project site is a vacant parcel located at tlJe northwest comer of Broadway. a"d Fai'Te Street in the. southwest area of Chula Vista 'at 1778 Broadway. Tne property is also bou.,ded by 27" 'Street (a small industrial street) on the west side. The site is located within one of the industrial areas of the Merged Chula Vista Redevelopment Project Area (see Exhibit A-Location Map). The project site is relatively flat, \Vith vehicular access from all three streets. An open drainage channel runs in a north-south. direction along Broadway, within the City's right of way. The land uses immediately surrounding the project site are as follows: North: South: East: West: Produce Market/Used Car Lot Undeveloped Lot Thrift StorefWarehouse Construction Equipment Storage B. Proiect Description Tne proposed project consists of the development of a 14,105 square foot, one-story, industrial building for the establishment of a recycling center (see Exhibit B - Site Plan). The project also includes the construction of a 19-space parking lot, new landscaping (12,567 square foot), and a new trash enclosure. Off-site landscaping will be pro,ided along tloe three surrounding streets, as part of the street improvements to be pro,ided with the project, which include sidewalks, curbs, and gutters, as weli as drainage improvements. In accordance with City standards, a 6-foot dedication along Faivre Street is required, thus bringing Faivre Street into consistency with an industrial street. A 1-foot dedication along Broadway is required, thus bringing Broadway to a cOITlJnercial 4-Lane Major street. 17'" Street will be changed from a two-way street segment to a one-way street segment. The proposed project includes the undergrounding of an existing drainage channel along Broadway. The processing of the proposed project consists of a Design Review, Conditional Use Permit, and Rezone application. The project is identified as developable area within the City of Chula Vista Multiple Species Conservation Program Subarea Plan. I 8-22 C. Comoliance with Zoning and Plans The project site is within the CTP (Commercial-Thoroughfare) Zone and IL (Limited Industrial) General Plan designation. The CTP Zone allows for the proposed recycling center with a Conditional Use Permit and Design Review. The project proposes to rezone the property from CTP to IL in order to make the zoning consistent with and implement the General Plan designation. The IL zone also allows for recycling centers through approval of a Conditional Use Permit and Design Review. D. Public Comments On September 19, 2008, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the proposed project site. The public review period ended October 2, 2008. No written comments were received. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) determined that although the proposed project could have a significant environmental effect, there would not be a significant effect in this case because mitigation measures described in Section F below have been added to the project. Tne preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. . Air Oualitv To assess potential air quality impacts an Air Quality Study, dated October 30,2008, was prepared by Brian F. Smith & Associates. The analysis evaluated emissions associated with both the constructiOlo and operation of the proposed project. Shori- Term Construction Activities The proposed project will result in a short-term air quality impact created from construction activities associated with the proposed project. The grading of the site for future recycling center development and worker and equipment vehicle trips will create temporary emissions of dust, fumes, equipment exhaust, and other air pollutants associated with the construction activities. Air quality impacts resulting from construction-related operations are considered short-term in duration. A comparison of daily construction emissions to the SCAQMD's and comparison usi.""lg the California state\vide factors and emissions thresholds of significance for each pollutant was analyzed. The addition of emissions to an air basin is considered under CEQA to be a significant impact. It was concluded that emissions associated wiL1 the construction and operation were below the significance thresholds for all construction phases and pollutants. To further ensure better air quality, implementation of the Mitigation Measure 1 contained in Section F below would improve short-term construction-related air quality. These measures are included as a part of the Mitigation Monitoring and Report:h"'1g Program. Combined Short-Term and Long-Term Impacts In order to assess whether the project's contribution to ambient air quality is cumulatively considerable, the project's emissions were quantified with respect to regional air quality. The proposed project, a small industrial infill development, once completed will not result in significant long-term air quality impacts. Accordi.,g to the Traffic Study for the proposed project, the project- generated traffic volume of 232 trips would not result in significant lon~-term local or rerriona! air _ 0 0 2 8-23 quality impacts. TIrrough project design, emission-controlled construction vehicles and efficiency building product, no area source or operational vehicle emission estimates will exceed the Air Quality significance thresholds. Therefore, no operational or long-term mitigation measures are required. Biolo<!ical Resources A Biological Habitat Assessment Report was prepared by Brian F. Smith & Associates, December 15, 2003, to assess the potential biological resource impacts of the ',project. A biological habitat assessment of the project site was conducted on May 23, 2003 to identify the presence or absence of suitable habitat on the site. The biological resource analysis is summarized below. Existing Conditions The .33-acre project site is on a disturbed lot that has been previously graded and developed and consists of disturbed vegetation. Developed vegetation consists of exotic ruderal plants and native plants. The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary in an area designated as a "Development Area." Under the Subarea Plan, the proposed project is not subject to the requirements under the Habitat Loss Incidental Take (HLIT) Ordinance. Wildlife/Sensitive Species/Sensitive Habitats The biological report stated that very few wildlife species such as birds and butterrlies occupied the site. All of the species observed for this site are typical for this area. Portions of the site may offer nesting opportunities for a ground-nesting species such as the mourning 0 dove. There were no tall trees, power poles, or other structures on the site that might provide nesting habitat for raptors. Nesting birds, including raptors, were not observed during the site visit. In accordance with the City of Chula Vista MSCP, these developed and disturbed vegetation areas are not considered sensitive habitats. Project Impact The existing lot supports very few wildlife species, such as birds and butterflies. The proposed construction of the project will impact potential habitat for the nesting migratory birds if Ll-je development occurs during t.l-je breedic,g season between January 15 through August 31. If construction must occur during the breeding season, pre-construction surveys shall be conducted to determi.'1e the presence or absence of nesting migratory birds, Therefore, the proposed project may result in impacts to sensitive biological resources and mitigation measures are required. Further mitigation measures including clearing, grubbing or gradL.'"1g permits, temporary orange biological fencic,g shall be installed around the area that may provide nesting habitat for nesting migratory birds. Fencing shall be constructed in accordance with the development plans to the satisfaction of the Environmental Review Coordinator. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce potentially signifccaDt biological impacts t~ a level below significance.i 3 8-24 Habitat Loss Incidental Take (HLIT) Permit The project area is located within fu"1 area designated by the City of Chula Vista Subarea Plan as Developed Areas Outside of City of Chula Vista Covered Projects and where it has been demonstrated that no Sensitive Biological Resources exits. Thus, the project is exempt from the City of Chula Vista Habitat Loss and Incidental Take Ordinance (Section 17.35 of the CYMC). Geology and Soils To assess the potential geological/soils impacts of the project, a Preliminary Geotechnical Investigation evaluation was prepared by, Leighton Consulting, Inc., dated July 8, 2008. The results are summarized below. No groundwater was encountered on the site. No groundwater is anticipated to be encountered during the site excavation and construction. However, the Otay Valley drainage area to the south of the site has surface elevations that ranges from 10 to 15 feet msl which may indicate an approximate elevation of the sites ground water table. No indication of surface ponding was observed on the site. However, surface water may drain as sheet flow in the higher portions of the site during rainy periods and accumulate in lower portions. Perched ground water could develop during periods of high precipitation or after site irrigation. Perched ground water is not expected to significantly impact the proposed development provided the recommendations regarding drainage are implemented. Over- watering on site should be avoided to reduce the potential for the buildup of a perched ground water condition. Undocumented fill was identified on the project site that reached a maximum thickness of approximately 4 feet below ground level. A thick layer of alluvium associated with Otay Valley is present across the entire site. The undocumented fill and the upper portion of alluvial materials are . considered potentially compressible and generally unsuitable in their present state to support additional fill or structural loads. The undocumented fill material and the upper portion of alluvial materials should be removed during the grading of the site. According to the City's Engineering Division, the project will require a grading permit. No geological or soil conditions were detected that would prevent the development of the site as currently designed and/or mitigated. The preparation and submittal of a final soils report will be required prior to the issuance of a grading permit as a standard engineering requirement. According to the City's Engineering Division, Ll]e project \vill require a grading permit. In order to prevent silt discharge during construction, the developer will be required to comply with best management practices in accordance with "Nt'DES Order No. R9-2007-0001. The appropriate erosion control measures would be identified in conjunction with preparation of final grading plans and would be monitored and implemented during construction by the Engineering Division. The mitigation measures contained in Section F below would mitigate potential geological/soils impacts to a less than significance level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Draina!!e and Water Ouality In order to assess potential hydrology and water quality impacts, a Drainage Study dated January.20, 2009, and the Water Quality Technical Report, dated January 20, 2009, prepared by S,mdro R. Bermudez, were submitted for the project. According to the Engineering Department, the proposed improvements and mitigation are adequate to handle the project storm water I1JI10ff generated from the site. The existing flow and future anticipated flows are to be analyzed under the 2,10, and 50-year flood event. The results of t.1clese studies are surnmarized below: d 8-25 Existing Conditions There are no drainage inlets in the area. The reinforced concrete pipe located at the southeast comer of the property drains the storm runoff from Broadway directly toward the Omy Valley River. The offsite contribution is an eaTh'1 swale t'1at begins at Main Street and runs along the east boundary line of the properties facing Broadway. The earth swale includes the nlnoff from two other lots along Broadway and half the width of Broadway in front of the subject pro~,erty. The eastern section of the property also drains into the swale and eventually the discharge is received by the concrete pipe located at the southeast comer of the property. The surface runoff from the southerly portion of the lot discharges directly into Faivre Street and run westerly to a concrete cross gutter located at the southeast comer of Fai,Te Street and 27~ Street. The western portion of the lot also drains toward t'1e cross gutter at the comer of Faivre Street and 27th Street. Proposed Improvements According to the Engineering Department, the proposed improvements are adequate to handle the project storm water runoff generated from the site. The proposed draiI1age improvements include the construction of a drainage system under the sidewalk to replace the existing earth swale. The on-site discharges from the southern half of the property will be channelized via curb and gutter to an existing concrete cross-gutter at the beginning of the southwest comer of the lot. Due to the small difference between the existing flow and the anticipated flow for the post-construction condition no impact is anticipated to the properties or receiving waters downstream. Additional Best Management Practices (BiYIPs) included as part of the project design consist of items such as the use of the natural drain system (earth swale) for off-site storm runoff, and the drainage of water off of the impervious sidewalks, walkways, and parking lots into the proposed landscaping, area. The Project has also been designed to use corrugated steel pipe at the northeast comer of the property to reduce velocity of the incoming flow. No storage of material shall be allowed outside the recycling center. The site design BMP's have incorporated the installation and monitoring of t.l,e irrigation system for the landscaped areas to reduce the over-irrigation, thereby reducing the over saturation of the areas leading to excess run-off. Additional landscaped areas have been added throughout the site. All driveways openings, sidewalks, a.c.,d drive aisles have beh.,g decreased, to provide additional permeable areas. The trash enclosure areas are paved with in1pervious surface, and designed to not allow run-off from adjacent areas, screened or walled to prevent off-site transport of trash. The trash enclosure areas will also be covered and the site graded in such a way as to prevent run-on into the trash enclosure area. Due to the small difference between the existing flow and the anticipated flow for the post-construction condition, no in1pact is anticipated to the properties or receiVing waters downstream. No adverse impacts to the City's drainage threshold standards wiil occur as a result of the proposed project. As a standard condition, a final Drainage'study will be required with t'1e fIrst submittal ofr..'1e gradh.,g permit and shall be approved by the City Engineer. Properly designed drainage facilities will be installed at t.l,e time of Ll,e site development to 6e satisfaction of the City Engineer. In addition, compliance with required ,,"FOES regulations and BMPs will reduce water quality impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring. and Reporting Program (See Section F). 5 8-26 Wastewater Sen;ices/Sewer System The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system includes an 18" Chula Vista trunk sewer main and a 27" Metro sewer main, both along Faivre Street. The applicant will be requireci to submit a final sewer study to the satisfaction of the City Engineer. No adverse impacts to the e;'y's sewer system or City's sewer threshold standards will occur as a result of the proposed project.' . T ransporta ti on/Traffic In order to assess potential traffic impacts, a Traffic Study dated August 27, 2008, prepared by Linscott Law & Greenspan, was submitted for the project. The traffic analysis is summarized below. Existing Conditions According to the Engineering Department, the BroadwaylFaivre Street unsignalized intersection currently operates at the level of service L.O.S. "C"/L.O.S. "D" Design. The Broadway street segment will continue to operate at a L.O.S. "F". The Favire Street segment from Broadway to 27ili Street currently operates at L.O.S. "A". Proposed Improvements The project proposes to add a recycling center that would generate trips to/from the site from employees, customers, and delivery trucks. The project it calculated to generate approximately 232 Average Daily Trips. On February 12,2009 the Safety Commission approved 27tr. Street from a [wo- way street to be a one-way street segment with traffic heading southbound. . 0 The BroadwaylFaivre Street unsignalized intersection is shown to continue to operate at a poor LOS during the PM peak hour. This delay and LOS reflects the worst case minor street left turn movements. The overall delay for the intersection is 0.9 seconds and 3.6 seconds for the A...l\1 and PM peak hours, respectively. The percent-project traffic contribution to this already poorly operating intersection is 2%. Thus, the project impact is considered a cumulative project impact. The Traffic Study also analyzed the placement of a traffic signal at the intersection of Broadway and Faivre Street due to any potential impacts due to the proposed proj ect. The study concluded that the maximum minor-street left-turning volume from Faivre Street is 50 trips during the PM peak hour. Approximately lOa peak hour trips would be required to warrant a traffic signal on a peak hour basis. In addition, Faivre Street is forecasted to have 1,400 ADT on a typical weekday. This very low amount of 24-hour volume would indicate that an 8-hour traffic signal warrant would not be met either. The Faivre Street segment will continue to operate at LOS "A" and tbe Broadway segment will continue to operate at LOS "F" with the addition of the project generated traffic. The percent- project traffic contribution to tills already poorly operating intersection is 0.7%. Thus, the project impact is considered a cumulative project impact. The Traffic Study concludes that tills project does not warrant a traffic signal or any other additional alterations to the traffic circulation on or off the site, other than what is proposed on the plans. As a standard condition, a 6-ft street dedication will be required along Faivre Street and a 2-ft street dedication will be required along Broadway prior t6 the Improvement Plan or building permit approval to the satisfaction of u1e City Engineer in order to comply ",ith the City of Chula Vista Design Standards. Therefore, no significant traffic impacts will be created as a result of the proposed project. 6 8-27 F. Mitigation Necessary to Avoid Significant lmnacts Air Quality 1. The following air quality mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as othernise appropriate, and s'1all not be deviated from unless approved in advance in writing by the City's Environmental Re\'i,~w Coordinator: '. . Minimize simultaneous operation of multiple construction equipment U11its. . . Use low pollutant-emitting construction equipment. . Use electrical construction equipment as practical. . Use cataly1ic reduction for gasoline-powered equipment. . Use injection-timing retard for diesel-powered equipment. . Water the construction area twice daily to minimize fugitive dust. . Stabilize graded areas as quickly as possible to minimize fugitive dust. . Pave permanent roads as quickly as possible to minimize dust. . Use electricity from power poles instead of temporary generators during building, if available. . Apply stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. . Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. o Remove anY"lsible track-out into traveled public streets within 30 minutes of occurrence. . ,Vet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. . Provide sufficient perimeter erosion control to prevent washout of silty material onto public ro~ . . Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during hauling. . Suspend all soil disturbance and travel on unpaved surfaces if w'i,ds exceed 25 miles per hour. Biological Resources 2. To avoid any direct impacts to nesting migratory birds to occur during construction (including clearing and grubbing), constrUction activities should occur outside of the nesting season (January 15 through August 31). If construction must occur during the breeding season, pre-construction surveys shall be performed by a City-approved biologist to determine the presence or absence of nesting migratory birds within 300-feet of the construction area. The pre-construction survey shall be conducted within 10 calendar days prior to the start of any construction related activities (including removal of vegetation), the results of which must be submitted to the City's Environmental Projects ivIanager for review and approval. Ifnesnrlg migratory birds are detected by the City- approved biologist, a biological monitor shall be present on-site du,,-ing construction to minimize construction impacts and ensure that nest should not be removed or disturbed until all young have fledged. 3. Prior to issuance of any la..""1d development permit, including clearing, grubbing or grading permits, temporary orange biological fencing shall be installed around the area that may provide nesting habitat for nesting migratory birds. Fencing shall be constructed in accordance with the development plans to the satisfaction of the Environmental Review Coordinator. The City's Mitigation Monitor will conduct periodic site visits to verify the placement of t.'1e biological fencing and to ensure that all construction activities remain within the approved limits of grading. 7 8-28 Geology and Soils' 4. Prior to issuance of buildings permits, the applicant shall provide evidence to the City Engineer and City Building Official that all the recommendations in the Preliminary Geotechnical bvestigation prepared by Leighton Consulting, Inc., dated, July 8, 2008 and subsequent final geological requirements have been satisfied. Y' Drainage and Water Oualitv , II , 5. Prior to t'1e issuance of a building permit or prior to beginning of any earthwork acti,ities on the site, the Applicant must obtain a Land Development Permit in accordance mth Grading Ordinance No. 1797. The Applicant shall submit Grading Plans in conformance with the City's Subdivision Manual, and the City's Storm Water Management requirements. 6. A Drainage Srudy and Geotechnical Srudy are required with the first submittal of the grading permit and shall be approved by the City Engineer. The drainage srudy shall calculate the pre- developed and post-developed flows and show how downstream properties and storm drain facilities are impacted. Properly designed drainage facilities "ill be installed at the time of the site development to the satisfaction of the City Engineer. 7. The Applicant is required to implement Best Management Practices (BiYfPs) to prevent pollution of storm drainage systems, both during and after construction. 8. Prior to the approval of the grading permit, the' Applica11t must enter into a Storm Water Management Facilities Maintenance Agreement mth Grant of Access and Covenants mth the City ofChula Vista. The Applicant shall consent to perpetually maintain the project BiYfPs. o T ransportationff raffle 9. Prior to the issuance of any building permit, In1provement Plan in conformance with the City's Subdivision Manual and a Construction Permit will be required. 8 8-29 By signing the line(s) provided below, t~e Applicant aIld O'Wner stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) pro,ided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant',~ and Operator's desire that the Proj ect be held in abeyaIlce without approval and that the Applican\ and Operator shall apply for an Emironmental Impact Report. /' \( t C\.. n i Cl \U')d Printed Name and Title' of Applicant (or authorized ",presentative) G. Agreement to Implement Mitigation Measures ') Signature of Ap an (or aut'1orized epresentative) N/A Printed Name aIld Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) H. Consultation I. Indi,iduals and Organizations City of Chula Vista: Miguel Tapia, Planning and Building Department Maria Muett, Planning and Building Department Josie Gabriel, Planning and Building Department Stan Donn, Planning and Building Department Frank Rivera, Engineering Department Muna Cuthbert, Engineering Department Torn Adler, Engineering Department Sandra Hernandez, Engineering Department Mario Ingrasci, Engineering Department Kirk Ammerman, Engineering Department David Kaplan, Engineering Department Kelly Briers, Fire Department Lynn France, Conservation fuld Env1ron..rnental Services Others: Rudy Valdez-Romero, Chula Vista Elementary School District Hector l'Ylartinez, Sweenvater Authority 9 8-30 lha.rcl?...lDl [..'1. Date fL~f2ll? l D 7 Date Date Date " 2. Documents City ofChula Vista General Plan, 2005. Title 19, Chula Vista Municipal Code. Air Quality Study for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Brian F. Smith & Associates, October 30, 2008. Biological Habitat Assessment Report for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Brian F. Smith & Associates, December 15,2008. Preliminary Geotechnical Investigation for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Leighton Consulting, Inc., July 8, 2008. Drainage Study for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Sandro R. Bermudez, January 20,2009 Water Quality Technical Report for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Sandro R. Bermudez, January 20, 2009. Traffic Study for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Linscott Law & Greenspan, August 27,2008 Paleontological Resource Assessment for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Brian F. Smith & Associates, May 22,2008. . Phase I Archaeological Assessment for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Brian F. Smith & Associates, July I, 2008. Phase I Environmental Site Assessment Report for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Varco Environmental Consulting, July 7, 2008. 3. Initial Studv Tills environmental determination is based on the attached L'1itial St-"dy, any comments received on the Initial Study and any comments received during the public review period for this Mitigated Negative Declaration. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. ----f2 Z >b Date: 3/11 /09 I / J:\Planning\Caroline\Discretionary permits\ Broadway Recycling\Initial Study\IS.Og.006MND.doc 10 8-31 J U? ~ o .2: '" m PROJECT lOCATION o Main St Faivre 5t e Vi oS " . C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Broadway Recycling Center INITIAL STUDY PROJECT 1778 Broadway Project Summary: Proposing a new one story, 14,105 Sq. Ft. ADDRESS: Recycling center. SCALE: FILE NUMB"'" NORTH No Scale IS-08-006 Related cases: DRc"()8-14, PCZ.()8-<)1, PCC..()8-<)08 L:\Gabe Files\locators\jsOS006.cdr 11.18.08 8-32 ~ X~,\'b,-* '\1.1'1",' l'lln,l l:;,llll liI.\'." '\Q'Pil 1"1,1, iii rill []I ~t~sHfiI8i-q,l "~~""l'~lj !'~~8! l~- :llgo~llh~ l'$~""~"" . r.. ..::~ ::-:.: ...~~ rlt , , .~ . . I~ = i~ . 1-" 1< i~ \~ I'" 1< '" IZ 1- . 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I , . ~ Fxh\bil r ATTACHMENT "A" MITIGATION MONITORING Ai~D REPORTING PROGR.A....lvl (MMRP) Broadwav Recvclinz Center- 1S-08-006 I,: This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Broadway Recycling proj ect. The proposed proj ect has been evaluated in an Initial StudylMitigated Negative Declaration (IS-08-006) prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Progra.'11 for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Air Quality 2. Biological Resources 3. Geology-and Soils 4. Drainage and Water Quality 5. Transportation/Traffic . MONITORING PROGRAtYI Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. Evidence in written form confirming compliance witi-J. the mitigation measures specified in Mitigated Negative Declaration IS-08-006 shall be provided by the applicant to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordi..'1ator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-08-006, which will be implemented as part of the project. In order to determine if the applicant has implemented Li-J.e measure, the method and timing of verification are identified, along with the City department Ot agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. 8-34 Brooclwav Recvclinq liS-DB-DOG) Table 1 MitiGation Monitorina and Reoorlinq Proqram ~. :~! ':':,', :-:',: Mitigation Measure No. Mitigation Measure Method of Timing of I j Responsible Completed Comments Verification Verification: Party Initials Date ..'....,:~i:,;, " . '. .. ... -<.;j; 'f' ~ The following air quality mitigation requIrements shall be Plan Check/Site shown on all applicable grading, and building plans as Inspectlon details, notes, or as otherwise appropriate: . Minimize simultaneous opemtion of multiple con5truction equipment units. . Use low pollutant-emitting construction equipment. . Use electrical construction equipment as practical. . Use catalytic reduction for gasoline-powered equiprnent. . Use injeclion-thlling retard for diesel-powered equiprllellt. . Water Ihe construction area rninirnulllthree IIrnes daily to minimjze fugllive dust. . Stabilize graded areas as quickly as possible to minimize fugHive dust. . Pave permanent roads as quickly as possible to minimize dust. . Use electricity hum power poles instead of temporary generalors during building, jf available. . Apply stabilizer or pave the last 100 feel of internal travel path within a construction slle prior (0 public road entry. . Inslall wheel washers adjacent to a paved apron prior to vehicle entry un public roads. . Remove any visible track-out Inlo traveled public streets within 30 minutes of occurrence. . Wet wash the construction access point at the end of each workday If any vehicle travel on unpaved surfaces has occurred. x x . Provide sufficient perimeter erosion control to prevent washout of silly material onto public roads. , . Cover haul trucks or lTl;]inlain at least 12 inches of , freebomd to reduce blow-off during hauling. . Suspend all soli disturbance and travel on unpaved . , surfaces If winds exceed 25 miles [)er hour. Pllge - 1 IX I i AppJicanU City Engineering DepartmenUCily Planning and Building Department Mitination Monitorinq and HeDurtino Prooram Broedwav Recvclinq IIS-08-006) Table 1 "':":;',::i.';' :Fl:;i~1~:!i;)W:i;!:(;!i:~i~M!:):tf~11~lre!!~:i~:~mlffi[~~1~f~r~!~1~1~re~~~~~\~m~'I~~r~Wg~iw;~W.~~~t~~rlti(1;~1~~~~~~j~1i~:J~~t!ill;fjj~~\;!:l~~~ii[tJ.;~;q~r,b~:l:1:J:~:,' Mitigation Measure No. 0> I w en ".:.:.' Mitigation Measure Method of Verification Timing of Verification Comments ApplicanVCily Planning and Building DepartmenVCily Engineering Depart ment ~O~r,~}t fP.~t!!1Itl tr~~9~.~~'! ~9,~!W~i~ ;.~,9.D~tr;; ::1,f.:R!"1r\ X 'X X 2, To avoid any direct impacts 10 nesting migratory birds to occur during construction (including clearing and UrublJing), construction activities should occur outside of the nesting sei:.lson (January 15 Huough August 31). If construction must occur during the breeding season, pre- construction surveys shall be performed by a Cily- approved biologist to determine the presence or absence of nesting migratory birds within 300-feet of the construction area. The ple-conshuction survey shall be conducted witl1irl 10 ci1lendar days prior 10 the start of any construction related activities (including removal of vegetation), the results of which must be submitted to the City's Environmental Projects Manager for review and approval. If nesting migratory birds are detected by the Cily- approved biologist, a biological monitor shall be present on-sile during construction to minimize construction Impacts and ensure that nest should not be removed or distUlbed until aU young have fledged. 3. Prior to issuance of any land development permit, Plan ChecklSlle Including clearing, grUbbing or grading permits, telllporary Inspeclion orange biolugical fencing shall be installed around the al ea that lIlay provide nesting habitat for nesting mlgralory birds. Fencing shall be constructed in accordance wilh the development plans to the satisfaction at tile Environmental Hevlew Coordinator. The City's Mitigation Monitor will conduct periodic site visits to verify tll~ placemerlt of the biological fencing and to ellSlll e lhal all construction acUvllies relllain within the approved lirnHs of grading. X X ApplicanV City Engineering DepartmcnVCity Planning and Building Department :'~':~:i:~'G~ibfg'g$!~nii)~j~,~~1!!ifiil~J~j;~~~>>fi~I~1;~~~Mll~~~~lml~fr.~JI~;!~i& ~1~1~~i t~&~m ill~~~~i ;:,~~~f~i Prior to issuance of buildings permits, the appHcaqt shall Plan Check/SHe X provide evidence to the City Engineer and CHy Building Inspection GUidal that all the recommendallons in tile Preliminary Geotechnical Investigation prepared uy Leighton Consulting, Inc., dated, Juty 8, 2008 and subsequent final uooloaical re(luirements tlave been suUslied. ApplicanUCity Planning and Building DepartrnenVCity Engineering Department 4, . Page - 2 Mitioation Monitorinq and Reoortinn Promam flfomlwov Recvclinn (lS-08-006) -- ~. CD I w -.I Table 1 Hli.:i~t!1.;:~;\.1~~rJ:.1~.'~.'!:~.~:;~ji U.-lli.t.'fli.~}~I,:..t~~'!ft~.[~~.f~~.~!.i~:.'if/.?J~t~.~4l(.f~f.j.;~~<<if)l:.;.;.'~!\~~t~r(Y!t~.";~~~.rr: .MIJ:IG'Am(ONfMoNI:no.~IN G~t.\ND~REP..f1~\I1INGiR~<!GR;tXM 5. Completed Initials Date !'D\h~:~~I;~N'~~ifG:~~lt~1W;~71;~!JJ~tlt~~~\Wjmir~:lmfl'J~111*I~m*ti"~..f~ illf~~;m1~~ii~",~~l ,~q~~lM'@.!t} f~F~~ll~ ~Dc,.H~~~j ~g8]::~ ~ml~rW~tu1i~mif~~~~r~[ ~~t~~~ ~j~tc~mH ]~jWli~f~~[;~Jj:!~J~1:~1~~:;,i ;,~!i~;;~;)~IC~.~ ~.S,.' . . RA r.' dAND\WA,.'IiER\\'..il:lAI11mYlh_I~I!~1,j\UfiltujU1Uumt.ltt1fiuillUUI}i,;ritm<t,;~~ ;9~~;."dl; "",.~~,~,,j;1 !>H2......'1l Mo.,,9J...:1f :11,311;1~ljJlbiUf;:;mi!tt:i!i!1~ rtliii.t1'\\"! i..:}~lf;:)': ;;!\!,,.~_.~~":":':j";~r~~.cf,.'.l'I;:if~';'~!'.~'Y' " :' Prior to the issuance of a building pennit or prior to Plan Check/Site X ApplicanllCity boginning of WlY earthwork activities on the site, the Inspection Planning and Ouildlng Applicant must obtain a Land Development Permit in DepartmenUCity accordance with Grading Ordinance No. 1797. The Engineering Applicant shall submit Grading Plans in conformance with Department the City's Subdivision Manual, and the City's Storm Water Management requirements. Method of Verification Timing of Verification Responsible Party Comments 6. A Drainage Study and Geotechnical Study are required Plan Check/Site with the first submittal ot tile gradjng permit and shall be Inspection JI-lproved by the City Erluilleer. Tile drainage stuuy shall calculate the pre-developed anu pust-ueveloped flows t;lfl(J show how downstream properties and storm drain facilities are impacted. Properly designed drainage facilities will be installed at the time of tlle site development to IIle satisfaction of the City Engineer. x ApplicanUCity Planning and Bullding Departrnerll/Cily Englneerhlg Department 7 The Applicant Is required to implement Best Management Plan Check/Site Practices (I3Mf's) to prevent pollution of stann drainage Inspection syslerns, boUI dUlln!) arid after cOflsliuction. x x x ApplicanUCity Planning and Building DepartmenUCity Engineering De artment ApplicanVClly Planning and Building DepartmenllCily Engineering Department u. Pdor to the approval or tho ur<ldinf) permit, the Applicant Plan Check/Sile lIIust enter into a StOllll Water Management Facilities Inspection Mainteuance Aweelllent willi Grant of Access and Covenants witll the City of Chula Vista. The Applicant shall consent 10 perpetually maintain the project BMPs. x ".i, ;' ."';;':"" ~ ":v. ...'",':,';'.,.' J';;,<'",...." ,'.:~"';,.;,. "H"'" :""-".,,,,(.1 "",.:'i'Y';"< <)..-<'. ~' 'r~;..,::'"'''' . :'~I'Frl" :~,:,.:,,,,;: ,". , . .'0 '"''1":;' 'D 'f' 'u'" ,/p" ,., :' i~"';"\ld',..c;,\..,.i'j'.,".'I.,\ .,:~-,;,!~.;. '.' '.' "::h",-':"i'rC !.j,\;:..:,;.q. '; ",';"'!~'. :""',,;; ::'\1~';~1!;:1~~\~;';'iV.~:~WI;m!:l;'y;.i~.,\~jt~P~~~~~Hf.1}~~;ft{'fl}iqr~l\~J~j!~~, J~~1; "~H!0{lV~lkl\(~~J~ ~t~iWM~OO :;~b[~'11(' ~CHU~~! lj;c'~~t'il! ;~jb~U~fl{f{H;lrl~;('f~~~\lH~l!i', W;~>{ltt!~t; ';i~;N~j:;Z\ Tn.ANSPORl'AT:IONIJRAFmCj~\\:r~i~~Wli;fI fi'~~rJeJ!~~:.Ll1'!~~.\i 1,fj*:., ~~~tlt'i~~ dfL;...j~';; 1.,.~n~,,~~ 1tO.,R!}~,,~ jltj,g~","", FiJ-';iJ;;!~~~&1. J~i\t!t1~:JWi~mbl' ;rW'~,';:;.'il x.tr~,~;Yc,.,l,; Pdar to the issuance of any building permit, Improvement Plan Check/Site X ApplicanUCity Plan in confOllnance with tile City's Subdivision Manual Inspection Planning and Building and a Construction Permit will be required. DepartrnenllCHy Engineering De artment '., ~I ~;' ':' I> 9. . Page - 3 ~I~ ;:;-"'0'- El'I-v:rn.Ol'i!\ITNTAL CHECKLIST FORM CTlYOF CHULA VISTA 1.. Name of Proponent: 2. Lead Agency Name and Address: 3. Address and Phone Number of Proponent: 4. Name of Proposal: . 5. . Date of Checklist: 6. Case No.: ENVIRONlVITl'Ii AL A1'<AL YSIS QUESTIONS: Issu es: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, wl>ich would adversely affect day or nighTtime ,iews in the area? 8-38 LatifZ0ura (Owner/Applicant) Vian Yakou (Agent) 'J City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3189 Main Street Chula Vista, CA 91911 (619) 370-4543 Broadway Recycling Center Febmary 17, 2009 1S-08-006 . Potentially Significant Impact Less Than Significant With :Ylitigation Incorporated No Impact Less Than Significant Impact o o e o o o o Iil o o m o o o o iii I Comments: a-b)The proposed project consists ofthe development ofa single-story 14,105 square-foot industrial structure consisting of a 10,811 square-foot recycling center, 2,772 square-foot storage area, and a 522 square foot of office space. The proposed project includes site improvements in accordance with the City of Chula Vista Municipal Code and Design Review Guidelines. The, proposed landscape improvements would enhance and improve the aesthetic quality of the Main Street corridor. The proposed project would not damage any scenic resources, vegetation, or historic buil:lings within a state scenic highway. The project site is identified as developable land according to the Multiple Species Conservation Program Subarea PIa.']. (MSCP). The project site contains no scenic vistas or views open to the public and therefore, no significant aesthetic impacts to these areas or resources are anticipated. c) The proposal is an infill industrial development project. The proposed project will not substantially degrade the existing visual character or quality of the project site or its industrial and commercial surroundings. The project site is planned for industrial development according to the General Plan Land Use regulations. However, the zoning is CT (Commercial Thoroughfare) requiring the rezone to Lirnited L'1dustrial for the proposed project and consistency with the General Plan. The immediate surroundings to the project site are all industrial land uses, therefore, no significant impacts to the industrial character of the area are anticipated. d) The proposal shall comply with the City's mmlffium standards for roadway lighting and shall be completed to the satisfaction of the Director of Planning and Building. The project will be required to comply with the light and glare regUlations (Section 19.66.100) of the Chula Vista Municipal Code (CVMe). Compliance with these regulations will ensure that no substantial glare, or light would affect daytime or nighttime views in the surrounding area. Mitigation: . No mitigation measures are required. Issues: PotentiaUy Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact [\0 Impact II. AGRICULTURAL RESOURCES. Would the proj ec!: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping alld Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o o o IIlI o o o II c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? o o o !iii 2 8-39 Comments: a-c) The project will not convert any designated or prime farrnlaI1d to non-agricultural use. The project site is neither in current agricultural production nor adjacent to a parcel in agricultural production and contains no agricultural resources or designated farmland. No significant impacts to agricultural uses or changes to the existing environment are anticipated. Mitigation: No mitigation measures are required.. Issues: III. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially 'to. an existing. or projected .air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Comments: ,. '!. Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o ;l o o o fii1 . o rm o o o o Ii! o o o o Ili a, b, and e) The project site is located within the San Diego Air Basill (SDi\B). The proposal would generate insignificant amOli.'1ts of additional rraffic. The proposal would not conflict with air quality plans or standards. For these reasons, the proposed project would not result in any significant long-term local or regional air quality impacts. c and d) See Mitigated Negative Declaration, Section E. 3 8-40 Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level ofless t."an significance. Issues: IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species ill local or regional plans, policies, or regulations, or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? .b). Have a substantial adverse effect on any ripa..,jan habitat or other senSitive natural community identified - in local or regional plans, policies, regulations or by the California Department ofFish and Game or D.S: Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, 9r other means" d) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? e) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: a-d) See Mitigated Negative Declaration, Section E. Potentially Significant Impact Less Than Significant With. Mitigation Incorpor:J.ted No Impact Less Than Significant Impact o o o II!!I o o o !!!!. o o o o 1m o o o liB o o o !ill e) No impacts to any local policies or ordL."lances protecting biological resources, such as a tree preservation policy or ordL."la.,"lce would result from the proposed project development. 4 8-41 Mitization: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant biological resource impacts to a level ofless than significance. Issues: Potentially Significant Impact Less Tha n Significant With Mitigation Incorporated Less Tha n Significant Impact 00 Impact V. CULTUR-li, RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines S 15064.5? o o o llli b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines S l5064.5? o o o ill . c} Directly or 4i91!~ctly .<iestroy'a unique paleontological resource or site or unique geologic feature? . o o 0-' " ~ d) Disturb any human remains, including those interred outside of formal cemeteries? o o o m . Comments: a) No historic resources are known or are expected to be present wit."-L'1 t10e project i~pact area. Therefore, no substantial adverse change in the significance of a historical resource as defined in Section 15064..5 is anticipated. b) Based on t.'1e previous site disttrrbance of mass grading, t.'1e potential for signi.:.-l-}cant LL'npacts or adverse ch3J.lges to archaeological resource as defined in Section 15064.5 is not anticipated. c) Based on the level ofpre,ious disturbance to the site and the relatively lirnited amount of additional gradi."lg for the proposed project, no impacts to unique paleontological resources or unique geologic fearures are anticipated. d) No hlL'11an remaim are anticipated to be present within the impact area of the project NIitigation: No mitigation measures are required. 5 8-42 Issues: VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 11. Strong seismic ground shaking? lll. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result m on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater. disposal systems where sewers are not available for the disposal of wastewater? Comments: Potentially Significant Impact Less Than Significant With Mitig:1tion Incorporated No Impact Less Than Significant Impact D D D III'l D D D iii D D D !!l! D D D II D D D III . D D D III D D o = o o D Ilil a) The site has been previously graded and developed, however the site is currently vaca:ll. There are no kno\VTI active faults existing on the proj ect site or in the immediate area. The closest known active fault is the Rose Canyon Fault located approximately 4.4 miles west of the project site. Therefore, project compliance 'With applicable Uniform Building Code sta..,dards would adequately address a..,y building safety/seismic concerns. bod) See Mitigated Negative Declaration, Section E. 6 8-43 e) No septic tanks will be used for this project, since the site will be connected to the existing City sewer system. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potential1y significant geological impacts to a level ofless than significance. --,-, i Issu es: VII. HAZARDS Al'ID HAZARDOUS lYL\TERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine trallsport, use, or disposal of hazardous materials? b) Create a significant hazard' to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962,5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, 'Within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 8-44 Potentially Significant Impact o o o o o o 7 :! Less Than Significant With Mitigation Incorpor.ated o o o o o o Less Than Significant Impact No Impact o Ell o m o ml . o !!a o !l!I o m g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Potentially Significant Less Thun With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 ill! Issues: h) Expose people or structures to a significant risk ofloss, injury or death involving ""ildland fires, including where wildlands are adjacent to urbanized areas or where residences are intennixed with wildlands? o o o IllI Comments: a-c) The project site is currently vacant and no structures are on the site. The project site will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous rnaterials, or through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The project site will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. d) The project site is not included on the list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would not create a significa,'lt hazard to the public or the environment. . e) The project is not located within an airport land use plan nor wi1:lJh'l two miles ofa public airport or public use airport; therefore, the project would not expose people residing or working in the project area to adverse safety hazards. f) The proj ect is not located withh'l the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to adverse safety hazards. g) The project >ViII not impair the implementation of or physically interfere ""ith any adopted emergency response pla,'l or any emergency evacuation pla..'1. h) The project is designed to meet the City's Fire Prevention building and rITe service requirements. No exposure of people or strUctures to a significant nsk of loss, injury or death due to wildfires is arlticipated. Mitigation: No mitigation measures are required. 8 8-45 Issues: VIII. DRAINAGE A1'<TI WATER QUALITY. Would the project a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would npt support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures 'Within a I GO-year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a significant risk ofloss, injury or death involving flooding, including flooding as a result of the failure ofa levee or dam? f) Create or conttibute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 9 8-46 PotentialIy Significant Imp:Jct o o o o o o Less Than .Significant With ~litigation Incorpor:lted , , Ii o o o o I!ll Less Than Signific.::mt Impact o EI!l !!Ill Ii!I o o 1\0 Impact o o . o o Il!l o Comments: a-d, fu"ld f) See Mitigated Negative Declaration, Section E. e) The proposal would not expose people or structures to significant risk of loss or injury or deat" invohing flooding. Miti9;ation: The mitigation measures contained In Section F of the Mitigated Negative Declaration would mitigate potentially significant DraimgefWater Quality impacts to a level of less than significance. IX. LAND USE AND PLANNING. Would the proj ect: b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose 0 f avoiding or mitigating an environmental effect? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 iii 0 0 0 Ii Issues: . a) Physically divide an established community? . c) Conflict with any applicable habitat conservation plan or natural community conservation plan? o o II o Comments: a) The proposed industrial infill project would be consistent with the character of the surrounding area and, therefore, would not disrLl't or divide fu"l es-cablished cornmu..'1ity. b) The project site is witbi"l the CTP (Commercial ThoroughfarefPrecise Plan) Zone fu"ld Limited Industrial (Limited Industrial) General Plan designations. The project includes a rezone from the CTP Zone to Limited Industrial Zone for compatibility with the General Plan and creatL"lg consistent applicable zoning regulations for the proposed project. No significant land use impacts are anticipated as the surrmmding landuses are all h"ldustrial fu"ld the vision of the General Plan is for carefully plfu"llled industrial uses. c) See ~litigated Negative Declaration, Section E. l\liti2:ation: The mitigation measures contained in Section F of t.1.e Mitigated Negative Declaration would mitigate potential1y significant land use and planning impacts to a level ofless thfu"l significance. 10 8-47 Issues: x. MJNER-\L RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a 10caIly important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: Potentially Significant Impact o o Less Than Significant With Mitig::ttion Incorporated 1,' o o Less Than Significant Impact o o No Impact Ilil /I a) The project site is currently vacant but previously mass graded -with industrial land uses and the site has been pre,iously disturbed. The proposed project would not result in the loss of availability of a knov.n mineraI resource of value to the region or the residents of the State ofCaIifornia. b) The State of California Department of Conservation has not designated the project sire for mineral resource protection. No impacts to mineral resources are anticipated as a result of the proposed project. lVlitigation: No mitigation measures are required. Issues: XJ. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance; or applicable standards of other ~gencies? b) Exposure of persons to or generation of excessive groundbome VIbration or groundbome noise levels? I I 8-48 Potentially Significant Impact o o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact i1 III . ~o Impact o o Issues: c) A substantial permanent increase in ambient noise levels in the project vicilUty above levels existing witbout the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, v.ithin two nliles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Comments: Less Than Potentially Sign(fic.:mt Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 II!I c. 0 0 II 0 o o o III o o o 1'1 a-d) It is anticipated that on-site business employees and adjacent business personnel may be exposed to construction noise associated with short-term construction activities. However, the project Viill.be required to comply with the City's Noise Ordinance. In addition, due to the minimal construction activities associated Viith the project, impacts related to construction noise levels are not expected to be significant. The project is not anticipated to potentially violate the noise limits of the City's noise control ordinance. e) The project is not located Viithin an airport land use plan nor Viithin two miles of a public airport or public use airport; therefore, the project would not expose people residing or worki'lg in the project area to excessive noise levels. f) The project is not located Viithin the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to excessive noise levels. Mitigation: No mitigation is required. 12 8-49 Issues: Potentially Significant Impact Less Than Significant With Mitigation . Incorporated Less Than Significant Impact No Impact XU. POPULATION A1'iD HOUSING. Would the proj ecl: a) Induce substantial population grov"ih in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? o o o Il!!! b) Displace substantial numbers of eXlstmg housing, necessitating the construction of replacement housing elsewhere? o o o G!il c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o Eli! Comments: a-c) No residential development is proposed that would induce substantial population growth in the'area or reqeire substantial infrastrucnrre improvements. No permanent housing exists on the project site and no displacement of housing or person would occur as a result of the proposed project. Based upon the nature of the proposal no population growill inducement is anticipated. The project is an allowable industrial use under the proposed Rezone and current General Plan. iVlitigation: No mitigation measures are required. 13 8-50 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Th:m Significant Impact No Impact XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse physical impacts associated "ith the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services: a) Fire protection? 0 0 0 II b) Police protection? 0 0 0 Ell c) Schools?' 0 0 0 Iii1 d) Parks? 0 0 0 fa e) Other public facilities? 0 0 0 0 I1iI Comments: a) AccordL."1g to the Fire Department, adequate [lIe protection services can continue to be provided to the site. The applicant will be required to comply Mth the Fire Department policies for new building construction. The City's Fire performance objectives and thresholds Mil continue to be met. b) According to the Chula Vista Police Department, adequate police protection ser-ices ca."1 contL."1ue to be provided upon completion of the proposed project. The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. The City's Police performance objectives and thresholds "iil continue to be met c) The proposed project would not induce substantial population grOWL"; therefore, no significant adverse impacts to public schools would result. The applicant would be required to pay the statutoly building permit school fees for the proposed non-residential construction. d) The proposed project would not induce significant population growth, as it is not a residential project. Thus, the project Mil not create a demand for neighborhood or regional parks or facilities or impact existing park facilities. e) The proposed project would not have a significa.'1t effect upon or result in a need for new or expa."1ded governmental services and would continue to be served by existing public infrastructure. Mitigation: No mitigation measures are required. 14 8-51 Issues: XIV. RECREATION. Would the project: a) 1,crease the use of existing nei~'-!borhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which have an adverse physical effect on the environment? Potenti3lly Significant Impact D D Less Than Significant With Mitigation Incorporated D D Less Than Significant Impact D D No Impact B m Comments: a) Because the proposed project would not induce population grow!.\ it would not create a dema.'1d for neighborhood or regional parks or facilities. Neither will the proposed project impact existing neighborhood parks or recreationai facilities. b) Tne project does not L'1clude the construction or expansion of recreational facilities. The project site is not planned for any future parks and recreation facilities or programs. Therefore, the proposed project would not have an adverse physical effect on t.'-!e recreational environment. . Mitigation: No mitigation measures are required. Issues: XV. TRA1'iSPORTATION / TR\FFIC. Would the proj ect: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load a",d capacity of the street system (i.e., result in a substantial increase in either the number of vehicle tips, the volume to capacirf ratio on roads, or congestion at intersections )7 15 8-52 Potentially Significant Impact D Less Than Significant With Mitigation Incorporated D Less Than Signific<J.nt Impact m :-loImpact D Less Than Potentially Significant With Less Than Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact b) Exceed, either individually or cumulatively, a level of 0 0 0 II service standard established by the couniy congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including 0 0 Ill! 0 either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature 0 0 0 IliiI (e.g., sharp curves or dangerous intersections) or incornpal1ble uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 0 0 II f) Result in inadequate parking capaciiy? o o o iii g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? o o o . IlII Comments: (a,b,d,e) According to the Traffic Engineering Department, the proposed industrial infill project is not anticipated to result in any significant traffic, circulation or emergency access impacts. The project generated traffic trips are minimal, approximately 232 Average Daily Trips (ADTs) that is not considered to be a substantial increase in either number of vehicle trips, volume or capacity along Broadway and surrounding street segments. Tne project-generated trips will not exceed the existing level of service standard. In addition, the level of service standard established by the county congestion m'anagement agency for designated roads or highways have not been exceeded. No significan~ traffic impacts will be created as a result of the proposed project. cJ The proposal would not have any significant effect upon any air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. f) The proposed project includes 19 parking spaces in accordance with the Chula Vista Zoning Code. The proposal meets ADA requirements for accessibility and parking. g) The closest bus stop is located on Main Street across from the intersection of Main Street and Silvas Street, northwest of project site. The proposal would not contlict with adopted transportation plans or al ternati ve transportation programs. 16 8-53 "'litigation: No mitigation measures are required. Issu es: XVI. UTILITIES A.i'iD SERVICE SYSTEMS. Would the project: Potentially Significant Impact ' a) Exceed wastewater treatment. requirements of the D applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or D wastewater treatment facilities or expansIOn of existing facilities, the construction of which could cause significant environmental effects? . c). Require or result in the construction of new storm water draL.'1.age facilities or expa..'1sion of existing facilities, .the construction of which could cause significant emironmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by t',e wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand III addition. to the provider's existing corruninnents? f) Be served by a landfill with sufficient perII'itted capacity to accommodate the project's solid waste disposal needs? g) Comply ",it'! federal, state, and local statutes and regulations related to solid waste? Comments: Less Than Significant With . Mitigation . i . Incorpor::uec.l D D D i9 Less Than Significant Impact No Impact D D D Eli D D III D D D D D D D [] . Ii!! IllI D D HI D !'.lI a) The project site is located within an urban area that is served by all necessary utilities and senice systems. No exceedance of wastewater requirements of the Regional \-Vater Quality Control Board would result from the proposed project. 17 8-54 b) According to Sweetwater Authority correspondence dated December 6, 2007, an existing 6-inch water main is located on the east side of 27" Street. There are no water mains south or east of the parcel. In addition there are no existing water services to this property. The Owner must submit a street improvement plan showing existing utilities in 27'" Street, irrigation plan, plumbing plan that includes the total ftxture unit count of all existing and new plumbing ftxtures, ftre sprinkler plans, and calculations, if new services are required. As the water facility improvements are designed in accordance "ith water authority standards, no signiftcant impacts to existing facility systems will occur as a result of the proposed project. . . c) The proposed project v.ill result in the construction of new storm water drainage facilities and expansion of existing facilities. The potential discharge of silt during construction activities could impact the storm drain system. Appropriate erosion control measures v.ill be identifted in conjunction v.ith the preparation of fmal grading plans to be implemented during construction. The proposed project is subject to the NPDES General Construction Permit requirements and shall obtain permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP) prior to issuance of grading permits. In addition, the project shall be conditioned to implement construction and post-construction water quality Best Management Practices (BNJ:PS) for storm water pollution prevention in accordance "ith the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSNJ:P). . d) The project site is v.itron the potable water service area of the Sweetwater District. The proposed project will be required to construct minor expansions to existing water facilities as described in Section b above. e) S<;:e XVLa. and b. t) The City of Chula Vista is served by regionallandftlls v.ith adequate capacity to meet the solid waste needs of the region in accordance v.ith State law. . g) The proposal would be conditioned to comply v.ith federal, state and local regulations related to solid waste. Mitigation: See Section E of the Mitigated Negative Declaration; refer to Hydrology and Water Quality. The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate identified storm water/storm drainage impacts to a level of less than signiftcance. 18 8-55 Issues: XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A) Library The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the citywide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. B) Police a) Emergency Response: Properly equipped and staffed poljc.e units. ~haJi respond tc) 81 percent of "Priority One" . emergency calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. c) Respond to 57 percent of ''Priority Two" urgent calls within seven (7) minutes and maintain an average response time to all ''Priority Two" calls of 7.5 minutes or less. C) Fire and Emergencv Medical Emergency response: Properly equipped and staffed fIre and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annually). D) Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "e" or better, wit.':! the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west ofI-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS TIE'! or np' dlL..;..~g the average weekday pea..1c hoUT. Intersections of anerials with freeway ramps are exempted from this Standard. 19 8-56 Potentially Signific::lnt Impac.t o o . o o Less Th~n Significant With l\1itigation Incorporated " i. o o o o Less Than Signific:mt Impact 1';0 Impact o IiliI o llIiI o o m o Ill! Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact E) Parks and Recreation Areas o o o Jill The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and cOlnmunity parkland with appropriate facilities/I,OOO population east ofI-80S. F) Drainage o o I!I o The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Indi,idual projects "ill pro,ide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. G) Sewer o o 1'1 o Tne Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements cOIlSistent with Sewer Master Planes) and City Engineering Standards. H) Water o o m o . The Threshold Standards reqUITe that adequate storage, treatment, and transmission facilities are constructed concurrently with plarmed growth and that water quality standards are not jeopardized during gro"ih and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program ~1.e City of Chula Vista has in effect at the time of building permit issuance. Comments: a) The project would not induce substantia! population growth; therefore, no impacts to library facilities would result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed proj ect. b) According to the Police Department, adequate police protection ser'<ices can continue to be provided upon completion of tc'le proposed project. Tne proposed project would not have a significaI1.t effect upon or result in a need for substantial new or altered police protection services. No adverse impact to the City's Police Threshold standards would occur as a result of the proposed project. 20 8-57 c) Accordi.'1g to the Fire Depao-tment, adequate fife protection and emergency medical services can continue to be provided to the project site. Although the Fire Department has indicated they will provide service to the project, u1e project 'Will contribute to the i."lcremental increase in fife senice demand tlrroughout the City. This increased demand on fIre ser;ices will not result in a signifIcant cumulative impact. No adverse impact to the City's Fire and Emergency Medical Tnreshold standards would occur as a result of the proposed project. d) According to the traffic analysis, the surrounding street segments and ~Itersections will continue to operate in compliance with the City's traffic threshold standard with the proposed: project traffic. No adverse impact to the City's traffic threshold standards would occur as a result oft,1e propo~'ed project. e) Because the project is proposed for industrial use and located west of Interstate 805, this Threshold SI8o"ldard is not applicable. f) Based upon the re\oiew of the projec~ the Engineering Department has determl.'1ed that there are no signifIcant issues regarding the proposed drainage improvements of the project site. The proposed drainage irnprovements include the construction of a drainage system under the sidewalk to replace the existing earih swale. No adverse impacts to the City's storm drainage system or City's dnainage threshold standards will occur as a result of the proposed proj ect. g) The existing area sewer facility system includes an 18" Chula Vista trunk sewer main and a 27" Metro sewer main, both along Fai\oTe Street. The applicant will be required to submit a fInal sewer study to the satisfaction of the City Engineer. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed project. h) The proposed project area is 'Within the Sweetwater District Water service territory. Tnere is an existing 6-inch water main is located on the east side of 27'h Street. There are no water mains south or east of the parcel. In addition tl,ere are no existing water services to this property. The Ov,ner must submit a street improvement plan showing existing utilities in 27" Street, irrigation plan, plumbing plan that includes the total fi'Cture Unit count of all existing and new plumbi."lg fixtures, fire sprinkler plans, and calculations, if new ser\oices are required. The applicant shall be required to coordinate with the Water District for proper design guidance. No significant impacts to existing facility systems or the City's water threshold st80~dards will occur as a result of the proposed proj ect. Mitigation: No mitigation measures are required. 21 8-58 Issues: XVIII. iYV\_i'IDA TORY Fl1"IDINGS OF SIGNIFICA1'lCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eIiminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the iI)crementaI effects.ofa project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects, .which "ill cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o I!lI o o o Iii!. o o o III o a) See Mitigated Negative Declaration, Section E. Potential short-term construction noise/nesting and biologically sensitive impacts are addressed in the Mitigated Negative Declaration, Section E, under Biological ResOtCYces. b) The project site has been previously disturbed "i1:,'1 si..c-nilar industriallal1d uses aIld site improvements. No cUll1ulatively considerable impacts associated with the project when viewed in coooection ",ith the effects of past projects, other current projects aIld probable future projects have been identified. c) The project ",ill not cause substantial adverse effects on hUlnan beings, either directly or indirectly, as the proposed project has been mitigated to lessen any potential significant impacts to a level of less than significaI1ce. lVlitigation Measures: The rritigation meas\.ITes contained in Section F of the ivlitigated Negative Declaration would mitigate potentially significant impacts to a level ofless than significance. 22 8-59 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table I, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration IS-06-020. X:X. AGREElVIENT TO IMPLEMENT MITIGA nON lVIEAsrJRES By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained within the Mitigated Negative Declaration, IS-06-020, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply fznmental Impact Report. N/A Printed Name and Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) 23 8-60 ~L{JI1'7!li1 , Date o Date ~XI. Ei'NIROi'o'NIENTAL FACTORS POTENTL\LL Y AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. m Geology and Soils II TransportationlTraffic Ii Biological Resources o Energy and Mineral Resources TJ Public .Services o Land Use and Planning o Population and Housing I!i1 Utilities and Service Systems o Aesthetics o Agricultural Resources l!liI Drainage/Water o Hazards and Hazardous Materials o Cultural Resources III Air Quality o Noise o Recreation o Paleontological Resources o Mandatory Findings of Significance o 24 8-61 XXII. DETERl'YIINATION: On the basis ofthis initial evaluation: I find that the proposed project could not have a significant effect on the 0 environment, and a Negative Declara tion will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, and an Environmental Impact Report is required. I find that the proposed project may have a significant effect(s) on the environment, but at least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An Emironmental Impact Report is required, but it must analyze only the effects that remain to be "ddressed. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ErR, including re,isions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. Noel Z. 'taJlia Sen' r Plarlnh Ci of Chula Vista z-\{~ :3 /II/O,? Dati I J :\Pla.."ming\Caroline\Discretaionary Permits\Broadway Recyciing\Initial Study\\tS-08-006final Checklist l.doc 7- -) 8-62 III o o o o RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (I) ADOPTING MITIGATED NEGATIVE DECLARATION IS-08-006; (2) APPROVING CONDITIONAL USE PERi\1IT PCC-08-008; (3) AND APPROVING DESIGN REVIEW PERivlIT DRC-08-14 TO ALLOW THE CONSTRUCTION OF A I4,I05-SQUARE FOOT, ONE-STORY, INDUSTRIAL BUILDING AND ASSOCIATED SITE IMPROVEMENTS FOR 'THE ESTABLISHMENT OF A RECYCLING CENTER AT 1778 BROADWAY A. RECITALS I. Project Site WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1778. Broadway, Chula Vista; and 2. Project; Applications for Discretionary Approval WHEREAS, on November 21,2007 a duly verified application for a Rezone (PCl-08- 01), a Conditional Use Permit (PCC-08-008), and Design Review Permit (DRC-08-14) was filed with the City of Chula Vista on behalf of Latif loura ("Applicant") to enable the development of a 14, lOS-square foot one story building and associated site improvements for the establishment of a recycling center at 1778 Broadway ("Project"); and 3. Environmental Determination WHEREAS, an Initial Study conducted by the City of Chula Vista Environmental Review Coordinator determined that the proposed project may have potentially significant environmental impacts, however, mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. Thus Mitigated Negative Declaration (IS-08-006) has been prepared in accordance with Section 15070 of the State of California Environmental Quality Act (CEQA) guidelines; and 4. Planning Commission Record on Application WHEREAS, on May 13, 2009, a Planning Commission hearing time and place was set for said Rezone and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property ovmers and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and 8-63 City Council Resolution No. 2009- Page 2 WHEREAS, a hearing at the time and place as advertised, namely May 13,2009, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-08-006; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 6-0-0-1 that the City of Chula Vista City Council adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-08-006 and approve the Rezone (PCl-08-01) of the 0.88-acres site at 1778 Broadway from Commercial Thoroughfare with Precise Plan (CT-P) to Limited Industrial with Precise Plan (IL-P) Zone; and WHEREAS, the proceedings and all evidence introduced on this Application before the Planning Commission at their public hearing held on May 13, 2009, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and 5. Chula Vista Redevelopment Corporation Record on Application WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing to consider said application at the time and place as advertised, namely May 14,2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed; and WHEREAS, the proceedings and all evidence introduced on this Application before the Chula Vista Redevelopment Corporation at their public hearing held on May 14, 2009, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and WHEREAS, the Chula Vista Redevelopment Corporation reviewed and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-08-006; and WHEREAS, the Chula Vista Redevelopment Corporation after considering all evidence and testimony presented recommended by a vote of 5-0-0-1 that the Chula Vista City Council adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-08- 006 and approve the Rezone (pCl-08-01) of the 0.88-acres site at 1778 Broadway from Commercial Thoroughfare with Precise Plan (CT-P) to Limited Industrial with Precise Plan (IL- P) lone, and approve Conditional Use Permit (PCC-08-008) and Design Review Permit (DRC- 08-14); and 8-64 City Council Resolution No. 2009- Page 3 6. City Council Record on Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (l0) days prior to the hearing; and WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing to consider said Project at the time and place as advertised, namely May 26, 2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby lind, determine, and resolve as follows: B. ENVIRONMENTALDETERMINA TION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-08-006, in accordance with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Environmental Review Coordinator determined that the project could result in effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator prepared a Mitigated Negative Declaration, IS-08-006. C. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that, in the exercise of its independent judgment, as set forth in the record of its proceedings, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-08-006), which is on file in the Development Services Department, has been prepared in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City ofChula Vista; and that the Project's environmental impacts will be mitigated by adoption of the Mitigation Measures described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the permitteelProject applicant, and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program. D. CONDITIONAL USE PER1\1!IT FINDINGS The City Council does hereby find in accordance with CVMC S 19.14.080 for the issuance of Conditional Use Permits the evidentiary basis that permits the stated findings to be made. 8-65 City Council Resolution No. 2009- Page 4 1. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed recycling facility is desirable because it will increase general public convenience by providing for the demand for recycling services necessary for the implementation of recycling efforts in the area. The project will provide a convenient facility for the general public to return recyclable items, contribute to the re-cycle, re-use of resources and obtain a monetary refund that will support family finances. The proposed project, as designed, will provide a new building facility that will enhance the area and add an architectural feature to the vicinity. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The project will not be detrimental to health, safety or general welfare of persons residing or working in the vicinity. The proposed project, as conditioned, complies with the adopted zoning and development standards for the site, as well as the established guidelines of the Chula Vista Design and Landscape Manuals. The project will provide a useful, convenient, beneficial facility to the immediate area and the Chula Vista community. The project will provide a facility with quality architectural design, landscaping, and convenient parking. The project is well planned in terms of its internal circulation and interface with the street, and it will not create traffic impacts or spill-over negative effects. 3. That the proposed use will comply with the regulations and conditions specified in this code for such use. The project complies with the regulations and development standards of the Limited Industrial zone, and the guidelines of the City's Design and Landscape Manual. The approval of this conditional use permit is contingent on the ApplicantlProperty owner's commitment to satisfy all conditions of approval and to comply with all applicable regulations and standards specified in the Chula Vista Municipal Code for recycling center uses. 4. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any government agency. The granting of the Conditional Use Permit for the proposed project will not adversely affect the City's General Plan. The subject site is being rezoned from CT-P to IL-P to implement the 2005 General Plan's Land Use and Transportation (LUI) Policy 45.6 for this area and the goals and objectives of the Amended and Restated Redevelopment Plan (2004) regarding the removal of blight and physical improvement to this area of the redevelopment project area. As proposed, the 8-66 City Council Resolution No. 2009- Page 5 designated Limited Industrial zone allows the project through the issuance of the Conditional Use Permit contained herein, which would provide a recycling facility that will provide needed recycling services for the community. As such, the Project is consistent with the General Plan and Zoning Ordinance and Restated Redevelopment Plan (2004), and will contribute to facilitate and encourage the community to recycle. E. CONDITIONS OF APPROVAL I. The following shall be accomplished to the satisfaction of the Development Services Director and prior to issuance of building permits, unless otherwise specified: Planning Division 1. Applicant shall develop and maintain the Project Site in accordance with the approved plans to the satisfaction of the Development Services Director, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conj unction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1483. 3. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Development Services Director prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti control. 4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Development Services Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Development Services Director. 5. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Development Services Director. 6. The Applicant shall obtain approval of a sign permit for each sign by the Development Services Director. Signs shall comply with all applicable requirements of the Municipal Code. 8-67 City Council Resolution No. 2009- Page 6 7. A landscape and irrigation plan, shall be prepared by a landscape architect, and submitted by the Applicant for review and approval by the Development Services Director prior to issuance of building permits. 8. No outside storage is allowed on the site. All work shall be conducted inside the building. 9. Prior to the approval of the building permit, the Applicant shall develop and submit a Recycling and Solid Waste Management Plan to the Environmental Services Program Manager for review and approval as a part of the permit process. Environmental Services 10. The Applicant shall maintain a written record and make an annual report of refuse/recyclables purchased, received or collected to the Environmental Services Program Manager for review and approval. The report shall be made on a form acceptable to the City Manager or designee and include but not be limited to: Characterization by materials type, tonnage, destination (processing, end use or disposal) and total customers. The report shall be delivered to the Environmental Services Program Manager no more than 30 days following the end of the calendar year. The report may be cumulative for all Chula Vista sites the Applicant may operate. 11. The Applicant shall maintain a written record of transactions for a minimum of five (5) years and make such records available, on site, during regular business hours, with two-business days notice by the City's Environmental Services Program Manager or designee. The transaction record shall include but not be limited to: characterization by material type, weight, total customers and jurisdictions of the customers. 12. The Applicant will pay for or take for free all recyclable materials and will not require or accept payment to receive materials from its customers. 13. The Applicant will not accept nor pick up mixed waste materials, garbage, rubbish, or refuse as defined in the Chula Vista Municipal Code 8.24 and 8.25. The facility is being permitted as a recycling facility only and not a waste processing or transfer station. The total amount of waste generated at the facility may not exceed 10% of the monthly volumes. 14. The Applicant shall maintain sanitary premises at all times to the satisfaction of the Environmental Services Program Manager, shall contract with the City's franchise agent (Allied Waste Services) for removing, conveying and disposing of non- recyclable wastes generated at the facility and maintain a waste receptacle for use by the Applicants customers during all operating hours. Onsite compactors are for densifying recyclable materials and not for trash service. 8-68 City Council Resolution No. 2009- Page 7 13. The Applicant shall cooperate with City recycling projects, including but not limited to: promoting City sponsored solid waste management events, allow the City to place drop-off collection bin(s) at the Applicant's facility, and assist the City and residents, regarding the proper use of the bins. These bins would be placed for the public benefit to recycle materials that cannot currently be recycled at the Applicant's center (such as mixed paper). The City's contractor or the recycling center operator may service these bins by mutual agreement. 16. The Applicant shall develop and implement a policy, to the satisfaction of the Environmental Services Program Manager, that discourages theft of materials from other legitimate recycling and solid waste diversion programs, to include staff training on how to initiate discussion from the public informing them that the center will not accept stolen material including material in a shopping cart, curb side bin, refuse or recycling cart. 17. During all hours of operation, the recycling center shall place a sign to the general public that reflects the anti-theft policy as follows: . Materials placed for collection at the curb, in a multi-family or commercial bin for recycling may be removed and conveyed only by the City and/or its agents. At the City's request, (Applicant's Company name) must consider materials brought to it in City bins, or shopping carts to be stolen and will not accept the items. 18. The Applicant shall submit a list of commodities accepted at the center to the Environmental Services Program Manager for approval. The list shall not be altered without prior written consent of the Environmental Services Program Manager. The City shall not umeasonably withhold a request by the Applicant to add or remove an item. 19. The Applicant will remove all improper disposal and shopping carts from the public thoroughfare that are within 300 feet of the entrance and/or exit of the Applicant's recycling center, as frequently as necessary, to keep the public thoroughfare free of carts and debris, but no less than daily, at the close of each business day. The Applicant shall also arrange for the return of carts to the proper retailer and proper recycling or disposal of abandoned materials. 20. The Applicant shall adhere to the regulations regarding signage within the City and all other local state and federal laws or regulations. 8-69 City Council Resolution No. 2009- Page 8 Engineering Division 21. The following fees will be required based on the final Building Plans submitted: a. Sewer Capacity Fee b. Development Impact Fees c. Traffic Signal Fees d. Western Transportation Development Fee 22. The Applicant shall grade the lot, and/or construct site improvements, so that storm water will drain from the back of the property through the side and front of the property, directly to the abutting street or to an approved drainage facility as approved by the City Engineer. WATER QUALITY AND NPDES 23. The Applicant shall comply with the Regional Water Quality Control Board Order R9-2007-0001 and the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP) both as may be amended from time to time. 24. The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement with Grant of Access and Covenants with the City of Chula Vista before the approval of improvement plans and the issuance of a construction permit. 25. The Applicant shall submit a Drainage Study and a Water Quality Technical Report (WQTR) with the first submittal of grading and/or improvement plans for the site The technical reports shall be updated to reflect the conditions of the site and shall be approved by the City Engineer before the issuance of any grading or construction permit. PUBLIC IMPROVEMENTS & RlGHT-OF-WAY 26. The Applicant shall process and obtain from the City Engineer a construction permit before the issuance of a building permit. 27. The Applicant shall dedicate to the City of Chula Vista the following right-of-way before the issuance of a construction permit for the site: . 6' of right-of-way along Faivre Street . 2' ofright-of-way along Broadway . Right-of-way at the comer of 27th Street & Faivre Street, and at the comer of Broadway & Faivre Street, so the pedestrian ramps will be within the City's jurisdiction. The geometry of the right-of-way shall be determined and dedicated to the City to the satisfaction of the City Engineer. 8-70 City Council Resolution No. 2009- Page 9 28. The Applicant shall process and obtain the approval from the City Engineer of improvement plans in conformance with the City's Subdivision Manual before the issuance of any building permits. The improvement plans shall include: . Public improvements within Broadway, Faivre Street and 27th Street. Said improvements shall include, but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, drainage facilities, signs, striping, landscaping, irrigation, and fire hydrants, all to the satisfaction of the City Engineer. In addition, street improvements shall be designed and constructed at the ultimate location for the width of Broadway, Faivre Street and 27th Street (the width of the right-of-way for Broadway shall be 104' with 8' sidewalk; for Faivre Street, the right-of-way shall be 72'; and for 27th Street the right-of-way shall be 40' with a 6" curb Type B-1 along the existing property line of the subject project). . Installation of all driveways along all public streets shall meet the City of Chula Vista Design Standards and ADA Requirements. . Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code, the construction of full street improvements prior to the issuance of a construction permit. Said improvements shall include, but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, drainage facilities, signs, striping, landscaping, irrigation, and fire hydrants, all to the satisfaction of the City Engineer. Fire Department 29. The Applicant shall provide a Knox Vault at the main entrance to the building and to the fire control room. 30. Prior to occupancy, the building shall be addressed in accordance with the following criteria: . 0-50 ft. from the building to the face of the curb=6-inches in height with a 2- inch stroke. . 51-ISO ft. from the building to the face of the curb= lO-inches in height with a I Yo-inch stroke. . 151 ft. from the building to the face of the curb= 16-inches in height with a 2- inch stroke. 31. The building permit plans shall demonstrate a fire flow of 3,250 gallorls per minute for 3-hour duration. 32. The Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating the fire flow is available to serve this project. 8-71 City Council Resolution No. 2009- Page 10 33. The Applicant shall provide a water supply analysis to the Fire Department for review and approval. 34. The Applicant shall provide fire hydrants no greater than 300 feet apart for commercial properties. 35. The project shall be protected by an approved automatic fire sprinkler system (NFPA 13, system, 13R, 13D System), and an approved fire alarm system (fire flow monitoring). II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 36. The Applicant shall install and maintain all landscaping and hardscape improvements in accordance with the approved landscape plan to the satisfaction of the Development Services Director. 37. The conditions of approval for this Conditional Use Permit and Design Review shall be applied to the subject property until such time approval is revoked, and the existence of this approval with conditions shall be recorded with the title of the property. 38. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 39. The Property OViiler and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 40. This Conditional Use Permit and Design Review shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 8-72 City Council Resolution No. 2009- Page II III. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and wilt implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant Date F. CONFORtvlANCE WITH CITY DESIGN MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Design Manual, Landscape Manual and the requirements of the Zoning Ordinance. G. GOVEfu'iivlENT CODE SECTION 66020(d)(l) NOTICE Pursuant to Government Code Section 66020( d) (I), NOTICE IS HEREB Y GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. H. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. 8-73 City Council Resolution No. 2009- Page 12 BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby: 1) Adopt Mitigated Negative Declaration (IS-08-006); 2) Approve Conditional Use Permit (PCC-08-008), subject to conditions listed above; and 3) Approve Design Review Permit (DRC-08-14), subject to conditions listed above, for the construction of a 14,105-square foot building and associated site improvements for the establishment of a recycling center at 1778 Broadway. Presented by: Approved as to form by: Jim Sandoval City Manager 8-74 ORDINANCE NO. 2009- - ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING THE 0.88-ACRE PARCEL LOCATED AT 1778 BROADWAY FROM THE COMMERCIAL THOROUGHFARE WITH PRECISE PLAN (CT-P) ZONE TO LIMITED INDUSTRIAL WITH PRECISE PLAN (IL-P) ZONE RECITALS A. Project Site WHEREAS, the parcel, which is the subject matter of this ordinance, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1778 Broadway, Chula Vista; and B. Project; Application for Discretionary Approval WHEREAS, on November 21, 2007 a duly verified application for a Rezone (PCZ-08- 01), a Conditional Use Permit (PCC-08-008), and Design Review Permit (DRC-08-14) was filed with the City of Chula Vista on behalf of Latif Zoura ("Applicant") to enable the development of a 14,1 OS-square foot, one story building and associated site improvements for the establishment of a recycling center at 1778 Broadway ("Project"); and WHEREAS, an Initial Study conducted by the City of Chula Vista Environmental Review Coordinator determined that the proposed project may have potentially significant environmental impacts, however, mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. Thus Mitigated Negative Declaration (IS-08-006) has been prepared in accordance with Section 15070 of the State of California Environmental Quality Act (CEQA) guidelines; and WHEREAS, on May 26, 2009, the City Council adopted Mitigated Negative Declaration (IS-08-006) for the Project; and C. Planning Commission and Chula Vista Redevelopment Corporation Record on Application WHEREAS, the Planning Commission set the time and place for an advertised public hearing on said project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property o"mers within 500 feet of the exterior boundary of the project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the project on May 13, 2009, at 6 p.m. in the City Council Chambers at 276 Fourth Avenue, and after hearing staff presentation and public testimony, voted 6-0-0-1 to recommend that the City Council approve the Rezone, in accordance with the findings listed below; and 8-75 Ordinance No. Page 2 WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on May 13, 2009, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and WHEREAS, the Chula Vista Redevelopment Corporation held an advertised public hearing on this Project on May 14,2009, at 6 p.m. in the City Council Chambers at 276 Fourth A venue, and after hearing staff presentation and public testimony, voted 5-0-0-1 to recommend that the City Council approve the Rezone, in accordance \Vith the findings listed below; and WHEREAS, the proceedings and all evidence introduced on this Project before the Chula Vista Redevelopment Corporation at their public hearing held on May 14, 2009, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and D. City Council Record on Application WHEREAS, a duly called and noticed public hearing on the Rezone was held before the City Council of the City of Chula Vista to receive the recommendations of the Planning Commission and the Chula Vista Redevelopment Corporation, and to hear public testimony with regard to the same; and WHEREAS, the City Council held an advertised public hearing on the project on May 26, 2009, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and heard the staff presentation and public testimony. NOW, THEREFORE, BE IT ORDAINED that the City Council does hereby find and determine as follows: Discretionary Approval and Ordinance A. REZONE The rezoning provided for herein is consistent with the City of Chula Vista General Plan, public necessity, convenience and the general welfare and good zoning practice support the amendments to the Municipal Code. The proposed IL-P zone would provide an implementing zone for the existing Limited Industrial (IL) designation of the City's 2005 General Plan, and will contribute to the public convenience and general welfare by further assisting the City's efforts to satisfy the goals and objectives of the General Plan Land Use and Transportation (LUT) Policy 45.6 for this area and the goals and objectives of the Amended and Restated Redevelopment Plan (2004) regarding the removal of blight and physical improvement to this area of the redevelopment project area. 8-76 Ordinance No. Page 3 BE IT FURTHER ORDAINED that the City Council of the City of Chula Vista does hereby approve the following: A. The rezone of the 0.88-acre site from CT-P to [L-P. The City of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is hereby amended to rezone the site as depicted in Exhibit "B" from CT -P to [L- P. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading. Presented by: Approved as to form by I , Jim Sandoval City Manager 8-77 f J or. ~ o L ~ . .. I 11 1 I I I I I I r-r--i EXHIBIT A 011111[1] 1111I1111 I o I PROJECT lOCA1Uj~ Main 5t Faivre St Vi E r-. I CHULA VISTA PLANNING AND BUILDING DE PARTM ENT I LOCATOR PROJE'""I PROJECT DESCRIPTiON: C) APPUCANT: Broadway Recycling Center DESIGN REViEW PROJECT 1778 Broadway Project Summary: Proposing a new one story, 14,105 Sq. Fl AQOP.E.SS: Recycling center. SCALE; FILE HUMBER: NORTH No Scale DRC-08-1-i Relatod czses: I~06. PCZ.(J8-()1, PCC-J8-()bs L:\Gabe FiieslJcc:a:ors\Cr.:.J814.c:::r ".29.07 8-78 JJ ,"-I I mIB EEEEmEB ' D B3lm -1 T I I. IITI ITllfTl ITIT t? II nH Z 1IB8 ~ rrm~ 111~q - l~~i~ ~~ q ~ '~~U;;;t ~" i TTTTTTTTTII' U , ;- I w.JJ..J.J..h).!J ~ r] t ~I~- -" I ::::---- ~ CJ (I 1- ~~ lJ l.SS\fAlIS I ~i l ~ I L-l , i I ! 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I I I I i ! ! r f I ; 1 I I ~ <~ z p.. ,.J )oo=oi o ~ p.. r-- u S o l-I ...... 0,) :::: o N 0,) ~ "Tj 0,) 'J'J o p., o l-I p.. ~ o 00 o I N U p.. < \11111 12 ~'S.iIl5;;' -;l;iil/l~::; dl'.I1I~- ,= CITY COUNCIL AGENDA STATEMENT ~r' :S ,It- CITY OF . ~ - CHULA VISTA /viA Y 26, 2009, Item~ ITEM TITLE: CONSIDERA.TION OF PUBLIC TESTLMONY REG:\RDING THE FORivfATION OF THE CHlJLA VISTA TOURISM i:vl'\RKETING DISTRICT /ALV- DEPUTY CITY MA,NAGE~DEVELOPMENT SERVICES DIRECTOR =r CITY MA1'iA ;::, . 4/5THS VOTE: 'YES D NO I X I SUB!\iIITTED BY: REVIEWED BY: SUMMARY The City of Chula Vista has historically provided annual fuIlding IO the Chula Vista Chamber of Commerce (CVCC) for the operation of the Chula Vista Convention and Visitors Bureau (CVCVE). As part of the budget reduction actions undertaken in Fiscal Years 2007/2008, City funding for the Convention and Visitors Bureau was reduced a.l1d then elinlinated. The CVCC and the CVeVB, working in concert with lodging and business owners and members of t,f}e business community has prepared a plan for the formation of Chula Vista T o lli-i sm Marketing District (CVThill) which will levy a self-assessment on motel and hotel rooms. The C"TMD will create a source of funding for renewed operation of the Convention and Visitors Bureau and for expanded promotion of tourism OpportuI'jties in the City. 1'1 accordance with Government Code section 54954, a public meetmg must be held to invite public testimony regarding the formation of the CVThill Ei'<vlRONiYIENTAl REVIEW Tne 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 t,f}e CEQA Guidelines; therefore, pursua.l1t to Section 15060 (c) (3) of the State CEQA Guidelines the activir;'" is not subject to CEQA. Thus, no environmental review is necessary. 9-1 RECONGv!:Ei'iDATION Council hear the testimony. BOARDS/COlVLvllSSION RECOMMEN1)A nON Not applicable DISCUSSION The Property and Business Improvement Law of 1994, Streets and Highways Code S 36600 et seq., authorizes cities to establish property and business i..,..nprovement districts for the purposes of promoting tourism. The Chula Vista Chamber of Commerce (CVCC) and the Chula Vista Convention and Visitors Bureau (CVCVB) composed of lodging business o\Vners, members of the business community and representatives from tt'1e City of Chula Vista have met to consider the formation of the Chula Vista Tourism Marketing District (CVTMD). The purpose of CVTMD is to levy and collect assessments on lodging businesses within the proposed CVTMD boundaries pursuant to the Property and Business Improvement District Law of 1994. The CVCC and the CVCVB has drafted a Management District Plan which sets forth the proposed bounda.,j of the CVT?vID, a service plan and budget, and a proposed mea."S of governance. The Management District Plan satisfies all requirements of Streets and Highways Code S 36622 A majority of the lodging business o\Vners subject to assessment proposed in the Management District Plan, that \Vill pay more than fifty (50) percent of the assessment have signed and submitted petitions to the City Council in support of the formation and establishment of the CVTNID Business Improvement Distt-icts represent an innovative approach to business promotion and service delivery. BIDs have traditionally been established by groups of local business and/or property o\Vners to improve specific business areas through increased promotion, beautification efforts, i.ncreased maintenance, special events and other activities determined by the local BID board. Fundi."g for these activities is derived from assessments paid by the members of the BID. Under the proposed CVTMD, an assessment of 2.5% will be levied on short-term gross room rental revenues for lodging businesses. All existing lodging businesses in the City will be subject to the assessment. New lodging businesses opecing subsequent to the formation of the CVTMD will also be subj ect to the assessment. Under applicable state law, the CVThID will have a five (5) year term unless renewed pursuant to Streets and Highways Code 36660. Renewal ""ill require a return to City Council and will follow the same procedures used to establish the origi."al CVT?vID. Any request for renewal at that time would be reviewed under both the business promotion needs, and the general City needs existing at the time of the renewal request. 9-2 Toe CVTMD will have tllIee zones. Zone 1 shall include the area of Chula Vista east of Interstate 5 with the exception of the Eastern Urban Center. Zone 2 shall include all areas west of Interstate 5. Zone 3 shall be comprised solely of the Eastern Urban Center. In Zone 1, the monies coUected from the special assessment will go to the CVCC, which will serve as the CVTlvID Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected may be used to fi~nd capital improvements or to provide revenues for debt serVIce if Council chooses to issue capital infrastructure bonds for capital improvements, the remaining 0.5% \Nill go to Owners' Association. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these zones will go to the CVCC and be used in the same way as monies collected in Zone 1. If bonds are issued, the assessment may continue to be levied until the maxim\L.'1l maturity of the bonds. Assessments used to repay bond debt shall have a term of 30 years. Annu21 assessment rates are 2.5% of gross short term (stays less than 31 days) room rental revenue on lodging businesses. The District shall have three zones. Zone 1 shall include the area of Chula Vista east of Interstate 5 with t.'1e exception of the Eastern Urban Center. Zone 2 shall include all hotels and motels west of Interstate 5. Zone 3 shall include all horels and motels in the Eastern Urban Center. The Eastern Urban Center is bound by State Route 125 to the west Birch Road to the north, Eastl<L~e Parkway to the east and t.'1e future extension of Hunte Park"iay to the south. Bonds may be issued in Zone 2 and Zone 3. In Zone 1, t.'1e monies collected from the special assessment will go to the Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected will go towards capi,al improvements, and the remaining 0.5% will go to Owners' Association. At the Council's discretion, this 2% in assessments collected in Zones 2 <L'1d 3 may be used to repay a capital in..f:rastructure bond if Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these zones will go to the CVCC and used in the same way as monies collected in Zone I. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on the benefit received, stays at R V parks and campgrounds within the Boundaries of the CVTMD shall not be assessed. The assessments levied for the CVTMD shall be applied toward the operation of the Chula Vista Visitor's Information Center, sales promotion and marketing programs to market Chula Vista as a tourist, meeting and event destination, and other capital improvements as set forth in Streets and Highways Code Ij 36610. The assessments will also be used to fund 50% of a Graphic Designer City staff position, which \Nill provide a continuation of support for marketing and promotion programs for the CVCC and CVCVB. Funds remaining at the end of any year may be used in subsequent years in which CVTlvID assessmems are levied as long as they are used consistent with the requirements of this resolution. On May 12, 2009 the Ciry Council took the first action reqUlred leading to the formation of the CVTMD, declaring its intent to establish t.'1e district and levy t.'1e assessment, and establishing the date and time for a public meeting and subsequent public hearing on the formation of t'te CVTlvID. The adoption of the resolution on May 12,2009 established May 26, 2009 as the date oft,':1e public meeting, and July 14, 2009 as the date of the public hefu-mg. 9-3 MAY 12, 2009, Item-.L Page 4 of 4 The purpose of the tonight's public meeting is to invite public testimony regarding the formation of the CVTMD. At the July 14, 2009 public hearing an Ordinance "ill be introduced that, upon adoption, "ill allow for the formation of the CVTMD. DECISION MAKER COl';"FLICT StElJ.4' 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 Califorrcia Code of Regulations section 1 8704.2(a)(l) is not applicable to this decision. CURRENT YEAR FISCAL l!vIPACT There "ill be no fiscal impact to the City's General Fund as a result of this action. ONGOmG FISCAL IMPACT There will be no fiscal impact to the City's General Fund as a result of this action. ATTACHMENTS 1. Chula Vista Tourism Marketing District, Marlagement District Plan 2. Chula Vista Tourism Marketing District - Petition Prepared by: Denny Stone, Economic Development Officer, Development Services 9-4 ATTACHMENT 1 CHULA VISTA TOURISM MARKETll'TG DISTRICT NlANAGEfvIENT DISTRICT PLiLN Submitted to the Chula Vista Chamber of Commerce And the Chula Vista Convention and Visitors Bureau April 28, 2009 by Downtown Resources o OtW,NToW",N ''i :;;,~' .':....~ ";".':,,_= iC,.<', ,,:; 9-5 CHULA VISTA TOURISM J\i1ARKETING DISTRICT :MA1~AGEMENT DISTRICT PLA1~ T ABLE OF CONTENTS I. INTRODUCTION Ac"lTI OVERVIEW ...........................................................................2 II. W1-lY A TOURISM ivV\RKETING DISTRlCT FOR CHULA VISTA?.......................4 ill. WHAT IS A TOURISM iv!AR..TZETING DISTRlCT~ ....................................................5 IV. CHULA VISTA TOlJRlSM MARKETING DISTRICT BOUNDARY ........................6 V. SERVICE PLA.!'-f Ac"lTI mJTIGET ..................................................................................7 'IT TOURlSM NL"u.TZERTING DISTRlCT GOVERL'-fAc'-fCE ............................................1 0 APPEl'mIX 1 - THE PROPERTY Ac'-fD BUSINESS IMPROVENlENT DISTRlCT LAW OF 1994.. ...... ....... ..... .... ...... ......... ............ ...... ............... ... ... ..... ................... ........1 1 APPENDIX 2 - LODGING BUSIf,iESSES TO BE ASSESSED \VITHIN CHULA VISTA Thill.................. .......................................................................................................................21 Chula Vista Tourism Marketing District ManaglllllOn! District Plan Page 1 I. Il'fTRODUCTION Ai""]) OVERVIEW Developed by the Chula Vista Chamber of Co=erce (CVCC) and the Chula Vista Convention and Visitors Bureau (CVCVB), th.e Chula Vista Tourism Marketing District (CVTiYfD) is a benefit assessment district proposed to help fund marketing and sales promotion efforts for Chula Vista lodging businesses, and to pay for capital infrastructure west of Highway 5 and "ithin Ll}e Eastern Urban Center. This approach has been used successfully in other destination areas throu::;hollt the country cO improve tourism and drive additional room nights. Location: The proposed CVTMD includes all lodging businesses located within the boundaries of the city of Chula Vista. Services: Mar:<eting and sales promotions to increase tourism and to market Chula Vista as a tourist, meeting and event destination. Budget: The total CVTiYfD budget for year one of its five (5) year operation is a base of approximately $650,000. Cost: Annual assessment rates are 2.5% of gross short term (stays less than 31 days) room rental revenue on 10dg:LTlg businesses. The District shall have three zones. Zone 1 shall include the area of Chula Vista east of Interstate 5 with the exception of me Eastern Urban Center. Zone 2 shall i..c,clude all hotels and motels west of Interstate 5. Zone 3 shall include all hotels and motels in the Eastern Urban Cemer. Tne Eastern Urban Center is bound by State Route 125 to the west, Birch Road to the north, Eastlal<e Parkway to the east and the future extension of Hunte Parbvay to the south. Bonds may be issued in Zone 2 and Zone 3. In Zone 1, Ll}e monies collected from the special assessment will go to the Owners' Association. hi Zone 2 and Zone 3, 2.0% of the 2.5% collected will go towards capital improvements, and L'1e remaining 0.5% will go to OViIlers' Association. At the Council's discretion, this 2% in assessments collected in Zones 2 and 3 may be used to repay a capital infrastrucrure bond if Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these zones wiJl go to the CVCC and used in the same way as monies collected in Zone 1. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on the benefit received, stays at R V parks and campgrounds "ithi.n the Boundaries of the CVThID shall not be assessed. . Formation: TiYID formation requires submittal of petiti.ons from lodging businesses representing more than 50% of the total annual assessment follovied by a City Council hearing and an opportunity for a written protest. The assessed lodging business owners "ill receive notice of L'1e public hearing by mail. If L'1ere is a maj ority written protest, the TiYfD win not be formed. ChuJa Vista Tourism i\'farketing District Managthr~t District Plan Page 2 Duration: The proposed District CVTIvID will have a five-year life. The assessments used to repay bond debt shall have a term of30 years. Tue CVThID assessment will be implemented beginning July 15, 2009. Once per year there is a 30 day period in which owners paying more than 50% of the assessment may protest and terminate the district. ChuJa Vista Tourism Marketing District Manag.Qm&t District Plan Pag-e3 II. 'WHY A TOlJRISM ~L~TIi"fG mSTRlCT FOR CHULA VISTA? Tnere are several reasons why now is The right time to form a Tourism Marketing Dismct in Chula Vista; The most compelling re:;tsons are as follows: 1. The Need to Increase Occupancy The formation of The CVThID is a Droactive effort to Drovide supplemental funding .. ~. . - beyond That provided by The Cirj of Chula Vista. Tne funding ensures the CVCC and The CVCVB have adequate fmancing for The investment required to increase occupancy in The lodging Ll1dustry and reach competitive in The conference segment of The tourism market. Tue investment will cover an expanded marketing and promotional budget needed to reach this market segment. 2. An Opportunity for Increasing City TiLY Rl?Venues . . As occupancy rates increase, so too ""ill the City's TOT revenue. WiTh stable public/private funding for The cvce and The CVCVB, annual occupancy rates should increase significantly as The new marketing and sales prommion programs are implemented. Greater occupancy will also produce an increase in sales ta, revenues from tourist spending. Tills represents a substantial rerum to The City. The formation of a CVTiYID i..n partnership with the cvec and The CVCVB creates a stable funding source tied directly to tourism promotion 3. The Ability to Grow the Economy without Substantial Development The CVCC and The CVCVB expect to achieve The above levels of revenue growth ""ithout a proportionate increase in the "footprint" of th.e tourism industry intrastructure. Little or no development shouid be required to raise average occupancy rates. Any development required to raise occupancy rates even more should be relatively minor in scope compared to The existing facilities. 4. The Opportunity to Fund Infrastructure West of Highway 5 and within the Eastern Urban Center The CVTvID ""ill utilize 2% of the tmal gross revenues to repay a capital infrastrucrure bond. Tnese bond monies will be used to construct needed improvements west of Interstate 5 and within The Eastern Urban Center. Chub Vista Tourism l'iIarketing District M:Inag.llma.t District Plan Page 4 m. WliAT IS A TOURISM J\'L~TIN"G DISTRICT? Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the market-based promotion of tourislI!- districts. Tourism Marketing Districts allow lodging and tourism-related business owners to organize their efforts to increase tourism. Tourism-related business owners within the district fund a Thill, and Lhose funds are used to provide services that the businesses desire and that benefit the lodging businesses within the District. Tourism Marketing District services may include, but are not limited to: >- Operation of the Chula Vista Visitor Information Center >- Marketing of the Area >- Tourism Promotion Activities >- Sales Lead Generation >- Infrastructure Financing In California, T olli-ism Marketing Districts are formed pursuant to the Property and Business Improvement Dis-w.-ict Law of 1994 (FBID Law). This law allow for the creation of a special benefit assessment district to raise funds within a specific geographic area. The key difference berween Tlvills and orher special benefir assessment disrricrs is that funds raised are rerurned ,0 the Drivare non-Drof!t corD oration governing the district. There are many benefits to Tourism Marketing Districts: >- Funds cannot be diverted for other government programs; >- Tourism Marketing Districts are customized to fit the needs of each tourism district; >- They allow for a wide range of services, including those listed above; >- Tourism Marketing Districts are designed, created and governed by those who will pay the assessment; >- The statute requires petition support from lodgi"g businesses paying over 50% of the annual proposed assessments; >- They provide a stable fimding source for tourism promotion. Tue Property and Business Improvement Disw.-ict Law of 1994 (AB 3754), as amended January I, 2009, is provided in AppendLx I of this document. Chula Vista Tourism Marketing DistTiet Mana19"'~@: District Plan P"J.g~ 5 IV. CHULA VISTA TN!]) BOUNDARY The Chula Vista TiYlD will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the ciry of Chula Vista_ The boundary currenily includes 23 lodging business_ Please see the map below. A larger map is available on request by calling (619) 420-6603. .J--~ "1\ ...._-', ;~ ....- .-1 ~ \ --- ::>:------_/ /, "// .-d'- " ..........~..../ ....,l " Y! I ,> ',-;,;::;:,.--J ". \ '\.....P- . _, _ ~.. '" \ O>=.,,"-~=;. JL51 ./>.~~~- ~,--/ ,/ ~- '-- \..;h~! Zone 2 , ~~ A,. ,Y-\l~L__r<-"__ I , \ .-::1<;" r'--"". ~'- ...-..j ~-~~ ,i \. '-1!-;:" ,,:v \ . J / '-. ' /'<," . '. ~ -J _I" - __.J-o<::"~' " ~ _/' ~T--....' 1'-""""1;".................1...-_ \" 4 ) . , ..-, -'. '. ,--.::::'" / /----..J, ./ \, .~ ) &::...d .. l...._;-~~__\-:-_~......-, f-~.('i-S .--'1' ---c...~~~''-'-----''''''' /'/'rl_~-; .( _~f; -1'-<--"1 ~J'--- ~- ,._.....'~~, ( ~', ../.-' ....~.../ ;~:.. '...... .--L-/ I .- ~ ~ .-~:';"~-;--:~~...---:-; - ~~ ---!"--~->~(" ~ /'(~ ~ / .... (,~7 - y"'- ,~'~'''''', ..--. .r-\ ----.' I,' /, 1 \ _..- '--..,. \ \ --""r- f ..6-'f-=-,- +~ ~.T'" ~ '-r.......-... .~-j;:..:~-~:t;\:~!J:y<~-~upr~ 1St~) '/ '\",;~ ~ 0- 'L.....- \.-, I l \ ',.--.,.,.\ -- 1f: -----~l._.:-~-< \ ___~ Zone 1 \ ._0/ ./ \ _~ ' _j o.~~: __-.~: ~~~~:g~~~v>- ..~~~' '~"I~ ,\-'// , iF-' ~ n--;-T,"",-.L~' 'f I' l ';:..,/'; /~bt.'1.Y i j ~~ J /1\ ,/, . '. 1 \ I \----....... ~ IU ..--------.,r--------- \--- i ,/-',_-... "', : I . \ . ...-- --L 'I ", ,I .,Ii" I, , \. A-r-i ::"'~I<::! ,~:.;.;.~ "--\... J - 'N.!. '1 i\ !........:.~.., :::::l ~ -~ ---; r ... " :' .I c.. ::'.'I'=':.:1;~ ! i I I A ~Oftl"~ Chula Vista Tourism Marketing District "'Iana~ht District Plan Page 6 SERViCE PLA..i'If AND BUDGET A. Assessment Tne Tourism Marketing District annual assessment rates are based upon 2.5% of gross shon term (stays less than 31 days) room rental revenue per night for hotels or motels. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on benefits received, stays at RV parks and campgrounds within the boundaries of the CVThID shall not be assessed. Bonds may be issued. Tue amount of assessment, if passed on to each transient, shall be separately stated from the iL'110unt of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. B. Determination of Special Benefit State law provides that the expenses of the district shall be apportioned in proportion to the benefit received by assessed businesses. A special benefit is defined as a particular and distinct benefit over and above general benefits conferred on the public at large. Conversely, a general benefit is a benefit to businesses in the surrounding community or a benefit to the public in general resulting from tb.e improvement, activity or service to be provided by the assessment levied. Many general benefits to the public at large are conveyed by municipal services, such as fire protection, police services and public transit services. These services are targeted to serve t..':te public at large and do not confer special benefits on particular businesses. The services in this Management District Plan are designed to provide targeted services to lodging businesses. Tnese services are tailored not to serve the general public, but rather to serve the specific lodging businesses within the District, e.g., the proposed activities are specifically targeted to increase room nights for assessed lodging businesses within the boundaries of the District, and are nan:owly tailored. Thill fimds .,viIl be used exclusively to benefit the assesses. The activities paid for from assessment revenue are lodging business services creating special benefit to those businesses. In addition, these activities are not for the benefit of the general public and do not provide general benefit as defined above. All generalcenefits (if any) to the surrounding community and general public are intangible and unquantifiable. It is appropriate that these special ousiness-related benefits be fimded through business assessments. C. Time and Manner for Collecting Assessments The CVT!\Iill assessment .,vill be implemented beginning July 15,2009 and will continue for five years. The assessments used to repay bond debt shall have a term of 30 years. The City of Chula Chula Vista Tourism Marketing District ~1anagtmei2t District Plan Page i Vista will be responsible for collecting the assessment on a momhly basis (including any delinquencies, penalties and interest) from each lodgi..ng business located in that the boundaries of the Thill. Assessments shall be collected monthly 3Ild the City shall take all reasonable efforts to collect the assessments from each lodging business. The City of Chula Vista shall fOf\vard the assessments to the CVCC which \vill have the responsibility to mfu'lage the Thill programs as provided in the Mmagement District Plm. D. Servic2.Pl:m Budget and Programs to be Provided: Service Plan Budget Summary- Calendar Years 2009-2014 The SUTIJ.illary of the calendar year 2009 (year one) service plan budget for the CVThill is provided on the following pages. Tne total five year inlprovement and service plm budget is projected at approxinlately $650,000 annually, or $3.25 million through 2014. E. Annual Servic2 Plan: A sen1ce plm budget has been developed to deliver service levels throughout the District. An annual senice plan and budget will be developed md approved by the CVCC Board. Please see the budget exhibit below. Tile budget also includes a portion for contingencies a.'l.d renewal of the District. Should the evce Board approve, p.mds may be appropriated for the renewal effort. If there are funds remaining at the end of the District term md lodging businesses choose to renew, these remaining funds could be trmsferred to the renewed District. If to.ere are funds remaining at the end of the District ma lodgi..ng businesses choose not to renew, my remaining funds will be spent consistent with lllls P 1m. Chula Vista Tourism ;:>!!arketing District Ma"a~milm District Plan Page 8 Chula Vista Tourism Marketing District . Annual Budget, Year One Total Tourism District Budget Chub Vista Tourism Marketing District Mana~iii~ih District Plan Pag~ 9 V. BID GOVER1~A.l~CE A. Chula Vista Tourism Marketing District COi}loration Govunall.ce The CVCC will serve as the OViIlers' Association for the CVTMD. Tne CEO of the CVCC will be charged "With the day-to-day operations of the Tourism Marketing District. / Chula Vista Tourism Marketing District Mana~mh!;1: District Plan Pag~ 10 APPENDIX 1- THE PROPERTY A.l'ID BUSIJ.'ITESS IMPROVEwIENT DISTRICT LAW OF 1994 STREETS &'<1) IDGHWAYS CODE SECTION 36600 et seq. As Amended January 1, 2009 Declarations 36600. Tills part shall be known and may be cited as the "Property and Business Improvement Dismct Law of 1994." 36601. The Legislature finds and declares all of the following: (a) Businesses loc3.ted and operating wir....1.lln the business districts of t.hjs sI:ate1s comrn.ururies are economically disadvantaged, are underutilized, and are unable to attract C1lsmmers due to inadequate facilities, services, and acnvities in the business dismcts. (b) It is in the public interest to promore the economic revitalization and physical mainrenance of the busmess districts of its cities ill order to cre3.re jobs, attract new businesses, and prevenr me erosion of the business dismcts. (c) Ir is of particular local benefit to allow cities to fund business related imlJrovemenrs, mainrenance, and activities through the levy of assessmenrs upon the businesses or real prope",! r..l:tar benefits from those improvemems. (d) Assessmems levied for the purpose of providing improvements and promoting activities that beneE.r real property or businesses are nor i:a..""{es for the general benent of a Clty, but are assessments for the Improvements and activities which confer special benefits upon the real propeny or businesses for which the improvements and activities are provided. 36602. The purpose of this part is to supplement prevlOusly enacted provisions of law that aut..l,.otize cities to levv assessments within a business llnDrOVement area. TillS D~-r does not affect , .. or h..ITl..lI anv ocher provisions of law auiliorizing or orov1nlnCt for the furnishing or imnrovements or J ,l. ----n ..... l. actiVIties or the raising of revenue for these purposes. 36603. Nothing in this p"-, is imended (Q preempr the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement disccict created pUISUanl: to t.b.s pan is expressly exempc from the provisions or the Special AssessmenL Invesngation, Limitation and Majority Protest Act of 1931 (Division 4 (cornmencing Wlth Section 2800)). 36603.5. Any provision ill this p"-, that conilicts with any other provision of law shall pre'7ail ove:: the other proVlsion of law. 36604. Tills part is intended to be construed liberally and, if any provision is held illvalid, the ren::aining provisions shall remain in full force and effect. Assessments levied under this pa.-1: are not spec""-.l t"-'l:es. Chula Yisu Tourism Marketing District Managtmeil: District Plan Page 11 Definitions 36606, "Assessment" means a levy for the purpose of acquiring, constructing, installing, or mainc:Un..ing improvementS and promoting activities which will benefit the propemes or businesses located within a property 1t'ld business improvemem district. 36607. rtEusmess" means all types ofbuslnesses and includes n..'1anclal llsric..ltions and professions. 36608. II Ciryfl me:a.ns a ary, county, cry and county, or an agency or entity created pursuant to Article 1 (commencing Wlth Section 6300) of Chaprer 5 of Division 7 ofTicle 1 of the Gove=em Code, L'le public member agencies of which includes only cities, counties, or a city and county, 36609, "City council" me3.11S the city cound of a city or the board of supervisors of a COu.::lty, or the agency, commission, or board created pursuant to a joini: pO'N-ers agreement and which is a city within the meaning of this part. 36610. "Improvement!! means the acquiSItion, constrUction, installacion, or marntenance of any =gible property ",-ith an estL..."'l.3.red useful life of five years or more illcluding, but not li.i:nited to, the follo",-ing' (a) Park1ng facilities. (h) Benches, booths, kiosks, display cases, pedestrian shelters and signs, (c) Trash receptacles and public restrooms. ( ') T. ' . , f '1' e! Llgncng and. nean..."lg aCI...:..ines. (e) Decorations. (t) Parks. (g) Fountains. (n) Planting areas. (i) Closing, opening, widening, or na....-::ow-mg of exiscing streets. G) Facilities or equipment, or both, to enhance security of persons and property ",-ithin thearea. (K) R2mps, sidewalks, plazas, and pedestrian malls. (1) Rehabilitation or removal of exisnng structures. o ~6' "P db" di . " "di ' " db' ,,)0 .!. 1. roperry an us.mess unprovement Sttlct, or st::!.Ct, means a propercy all USl...T1eSS improvement district established pursuant to this part. 36612. Irproperty" means real property situated 'N-ithin a district. 36613. I'..'\ctivities" means, but is not limited (0, all of the followmg: (,) Promotion of public events which be:J.eEt businesses or real property in the district. (b) Fu..rnishing or music in any public place WIthin me disllct. (c) Promotion of tourism WIthin L'le cliSllCt. (ci) iv'fa..r.k.ering and eCOIlormc developme:J.r, including retail retennon and recr:.:irme!lt. (e) Providing security, sarutation, graffiu removal, street and sidewalk cleaning, and orner municipal se=vices supplemental to those no=ally provided oy the murucipility. (f) ActiVIties whtch benefit businesses and real property loca(ed in the disillct. 36614. "j'ylanagemem cistrict plan" or "plan" means a proposal as deEned ;~ Section 36622. Chula Vista Tourism Marketing District Mana~en1eht District Plan Page 12 36614..3. llOw:::ersl associarion" rr:e3.llS a private nonprofit enrity that is undet contract with a citv to admimster or implement acnvities and improvements specified in the management district plan.' An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. ,An owners' assoelation is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be cOJlsidered to be public officials for any purpose. Norwiths=ding ,,'lis section, an owners' associarion shall comply with the Ralph M. Brown Act (Chapter 9 (co=encing Wlth Section 54950) of Part 1 of Division 2 ofTicle 5 of the Gove=ent Code), 3.t ill omes when marLe::s wi7~1r. the subject marrer of tbe district axe heard, discussed, or deliberated, and with the California Publ1c Records Act (Chapter 3.5 (co=encing with Section 6250) of Di'nsion 7 of Title 1 of the Gove=em Code), for all documems relating to activities of che disttic:. '661' "00 """ . th fland th la ~ :I. 1: roperry owner or owner means any person shown as. e owner 0 on test equalized assessment roll or otherwise known to be the owner of land by the city council. The city council has no obligation co obt::un other informanon as to me ownership of land, and its determinacion of ownership shall be final and conclusive for the purposes of this part. Wherever t.tus subcivlsion reqwres the 51gnattire of the property OVit-ner, the s~---3.ture of the authorized age!J.t of the property owner shall be sufficient. 36616. lIT enanII! means an oCC'l.lpanI pmsuant to a lease of commercial space or a dwelling unit, oilier than an owner. Prior Law 36617. This pa...-r: Drovides an alternacive r:wethod of financ...ng cenain improvements and activities. - , Tne proVlslons of ch1s p= shall not affec, or limit any other provisions of law aut..l:lOrizing or providing for ,the fumishing of improvements or acnvities or the r3lSillg of revenue for these pth-poses. Every rrnprove:JJ.e:J.t ::uea esrablished pursuan! La the Pa.r.k:i..ng and Business Improvement "-\.rea Law of 1989 (P= 6 (commencing ",-iili Secnon 36500) of this division) is valid and effective and is unaffected by r1::us parr. Establishment 36620. _~ pro perry :lud DUSiIless iwprove:'!lent dismct may be established as provided in this chapter. 36620.5. ~\ counr:r may noe for::n a diSt::1CI within me temtorial jurisdiction of a city WlmOUt the consent of t..~e ory council of that city. A CIty may not form a district within the llnmcorpo!3.ted cerirory Or:l counry W160ut ;:he consent or che board of 5upemsors of that county. _A. C1IY may not form a distict ,,-irhin the temtonal junsdiction of another ciDj witb.out the consent of the CWj council or the OL~e: ciry. 36621. (a) Upon the submission of 3. w!J.tte!J.. petition, signed by the property or busmess owners in the proposed disttict who will pay more than 30 percent or the assessments proposed to be levied, the ory council may i.ru:o.3.Ie proceedings to form a district by the adoption of a resolution expressing its !lltennon to fo~ a dismcL The amOUllr or assessment att:cibutable to property or a business owned by t.Se same properry or business owner that is in excess of 40 perce:::rt of the amount of all elml" 'list:>. TDurism Mark,ting District Man,,!jemeit District Plan Page 13 assessmems proposed to be levied, shill not be mcluded in det~rrnming whether the pention is signed by property or busmess owne=s wno wiJl pay more ilian 50 percent of the total.amount of assessmems proposed to be levied. (b) The perition of property or busmess owners required under subdivision (3.) shall include 3. 511mm~-r::T or me management district plan. That summary shall mclude all of the followi..ng: (1) A map showing me boundaries ot the distric:. (2) Inio=ation speclf..ng where the complere managemem district plan can be obrained. (3) Info=auon specifying that the complere management dist:1cr plan shill be fw:nished upon request. (c) The resolution of mrention descr'.bed in subdivislOn (a) shall contain all of the folloWlllg: (1) A bnei descriprion of ;-he proposed 3.CiVlTIeS ar;.d lmproVemerrEs, the amount: of the proposed assessment, a st3.tement as co whether the assessmenr will be levied on property" or businesses within the district, a sb.te::.nent as to wpether bonds will be lssued, and a descnpnon of the extenor boundaries or the proposed asc::ct. The descriprions and s~te::::ne:J.ts do not need to be derailed 3.Iid shill be suf:Eicent if mey enable an owner to generally idenufy me nature and e:crem of the lID.provements and acnviries and the loc.:J.tlon ::uJ.d e:rrent or the oroposed district. . , (2) A rime wci place ror :l pubuc he3..ring on the eS"L:lblisD..r::;.enr or lie properry and business improvet::lent district and the levy of assessments, which shall be consis1:em ",-i.th the requirements of Secnon 36623. 36622. T'le management district plan shall contain all of me following: (a) l\. map or U.~e dist:ict in sufficient detail co locate e~c: parcel of propeITJ and, if businesses are to be assessed, each business ~-itb.i.n the dis~ct. (b) The name of t.':te proposed district. (c) A descriptioIl of the boundaries of the dis~ct, including fhe bOU1J.daries or be:1eht zones, proposed for esrablishmem or exteuslOn in a manner suf:C.cenr co identify me affecred lands and businesses included. The oounda.nes of a proposed properry assessn:ent distnct shall not overlap Wlth the boundaries of anot.~e:: existi.ng prope:ty assessment dlsmcr c:eateci pursuant to this pa...-r. rnis part does nO{ prohibit the boundaries of a distnct Geared pursuant co wis part co overlap -with orner assessment districts esrablished pursuanr to oGer provisions of law, mcluding, but not limited co, the Parmg and Busmess Improve:ne:n _\.rea Law of 1989 (par: 6 (co""~en=g WIth Section 36500)). Tills p= does not prohiblr the boundaries of a business assessment distnct created pursuant to this pa..:..-r to ove.:hp 'with ::mother business assessmenl illst::ict created pu.rsuant to this part. Tills part does not prohibu the boundaries of a busmess assessment district c:eated pursuant to this part (0 ove:clap \-vith a property assessmen( 6smct created purSl..:3.llt to this part. (d) The improvements a::lci acnvrties proposed for e3.c..~ yen of ope::arion or the district and the ffia...-n.--num COS1: mereof. (e) The total annual amount proposed to be expended for improvements, mai.'1tenance and oDeranOIJ.s, and Gebt service !1J. ead:. ve:.u: of opera::.on of me dist:lcr. . . (f) The proposed source or sources or' 5.nancing~ including che proposed method and basis of leVYing the assessmenr in sufficient derm to allow each p!ODe~j or business owner to calculate the , ~ . amOW1i: of the assessment ;:0 be leVled againsi: his or he:: propeny or business. The plan also shall state whemer bonds will be Lssued (0 finance .unprovemenrs. (g) Tne bIDe and manner or coilecnng me assessments. (h) Toe spea..fic mJ.m.be:: of ye::us :.n whic~ assessme:lIS wJl be le"n.ed. In a new cllsmCt, me ma..'D.ffiUffi number ofvears shall be five. Upon renewal, a dismct shall have a term not 10 e.'l:ceed 10'vears. , ; Notw-iths!anding these lllmt:J.TIons, 1. disc:icr Geated pursuant [0 this part to finance capital improvements with bones may le'ry assessments until the ~"1:cim1.J.IiJ. matllnry of L~e bonds. Tne management distncr plan may set for..h spedJ.c mc::eases in assessments ror each year of operation of the dis~ct. Chula Vista Tourism Mar:<Gring Dis-rr.ct ManagQma:a District Plan Page 14 (i) The proposed time for impl=ent:1non and complenon of the manag=ent dismct plan. G) Any proposed rules and regulations to be applicable to the district. (k) A list of the propercies or businesses to be assessed, including the assessor's parcel numbers for properties to be assessed, and a statement of the method or methods by wruch the expenses of a ills mct will be imposed upon benented reai property or businesses, ill prop oman to the benent received by the property or business, 10 defray the cost thereof, including operation and maintenance. The plan may provide that all or any class or caIegory of reai prope..'"'1 which is ex=ot by law from reai property ta:<anon may neverilleless be included Wlthin the boundaries of the distri'c: but shill not be subject to assessmem on reai property. 0) Any other iTem or maner reqUlIed 1:0 be incorporated mer:e.m by the city council. 36623.(a) If a city council proposes to levy a new or increased property assessment, the nonce and protest and hearing procedure shill comply with Section 33733 of L.".e Gove=em Code. (b) If a city council proposes to levy a new or increased business assessmem, the nonce and pIotest a.[ld hearing ptocedure shall comply with Secnon 34954.6 of the Gove=em Code, except that notice shall be mailed 1:0 the owne=s or the businesses proposed LO be assessed. _r\. prates-t may be made Otally or ill wtiting by any intOIested pOIson. Every wntten protest shail be filed with 'the clerk at Ot befote the time ii.1:ed for the public hearing. The city council may waive any irregularity in the form or content of any wnnen p!oresr. A wnu:en pIOCeS! may be Wlilidra'~'iln ill. wrinng ar. any a.me befote the conclusion of the public hearing. Each vn:itten protest shall comain a descripTIon of the business in which me person subscribing me prOi.:esr is inreresIed sufficeD! (0 idenlli.-7 che business and, if a person subscribing is not shewn on che official records of me city as t.b.e owner of the business, the protest shail contain or be accompanied by written evidence that the pe:rson subscribing is the owner of the business. .l.-\. "","nrren protest which does nor cO.GlIJly with this seCTIon shall not be counted in detennining a majority protest. If written protests axe received cram the owners of businesses in the proposed district which will pay 30 percent or more of the assessments proposed to be Ie-vied and pro rests a=e not ~--imdraw-n so as to reduce ::he prores;:s to less t.~an SO percent, no further proceedings to levy the proposed assessmem agamst such businesses, as contained in L.".e resolunon of intennon, shill be taken fot a pe:J.od of one year from the date of ::he finding of a majority protest by the ary coune..l. 36624. At the conclusion of the public hearing to establish the dist:J.ct, the CD council may adopt, revise, change, reduce, or modify the proposed assessment or the type or rypes of improvemenrs and aCTIvities to be funded w-ith the teve1lues from the assessments. Ptoposed assessments may only be teV1sed by tedu=g any OI all of them. At ,l,e public heo'""g, the city council may only make changes in, to, or from me boundaries or me proposed property a.r:.d business improvement district that will exclude territory that will not benent from the proposed imorove::rrents or acn:vi.nes. Any modificaTIons, re~.slo:QS, reducr::.ons, or changes to cb.e Droposed J.. . .... assessment msmct shall be reileCLeci 1Il the notice and map recorded puzsuant l:0 Secnon 36627. 36623. (a) If the cty council, following the public hearing, decides to establish the proposed propeny and business improvement dist::!.ct, che city council shall adopt a resolUTIon of formation that shail contain all of the folloW'.ug: (1) A brief desc=pnon of the proposed activities and unprovecents, the amount of the proposed assessment, a statement as to whether ilie assessment wJl be leVi.ed on orooertv or businesses v;..-ithin J. ~ . the district, a statement about whether bonds will be issued, and a descnpnon of the ex"tetor boundaries of the proposed dismc:. Tne descripcions and SL3.teme-::1rs do nor need co De dern.iled and shill be suffioem if they enable an owner to generally identify the natUIe and extem at the improvements and activities and the loc3.tJ.oQ and extent of the proposed disw:ic:. Chula Vista Tourism Marketing District Managllm2,u District Plan P:lg-e 15 (2) The n=ber, rune of adoption, and title of the resolution of inte:1tion. (3) The time and place where the public hearing was held conceming 1:..':1e establishmem of the district. (4) A detennination regarding any protests received. The city shill not establish the dismct or levy assessme:c.ts if a majoriry protest was :received. (5) A statement that the properties of businesses in the dismcr established by the resoiunon shill be subject to any amendments to this pa-T!. (6) A statement that the improve:::nenrs and aCTIvities to be provided in the ciist::ict wJl be rG1lc.ed by the levy of the assessments. The revenue trom the levy of assessments ""thin a clisrric: shill not be used to provide Improvements or acuvicies outside the distnct or for any purpose other than me purposes specmeci in the resolurio~ or intenrion, as modified by me city council at me ne:lE..1lg conceming establishment of the district. (7) A finding t.J.,at the property or busmesses within the area of the property and business improvement district will be benefited by the improvements and aCUV1ues Smcied by the assessments proposed to be levied. (b) The adoption of the resolution of formation and recordation of the notice and wap pursuant to Section 36627 shill constitute the levy of an assessment in each of the fiscal years referred co in the management disrrict plan. ( 36626. If the city council, following the public hearing, desires to establish the proposed property and business improvemenr dist=':.ct, and the city council has not made changes pursuant to SecTIon 36624, or has made changes that do not substantially change the proposed assessmem, the city cound shill adopt 1 resolution establishing the disrricL The resolution shill contain all of the information specified in paragraphs (1) to (8), inclusive, oE subdivision (b) of Section 36625, but need nOI contain information about the preliminary resolution if none has been adopted. 36627. Following adoption of the resolution establishing the district pursuant to Section 36625 or 36626, the de.r.k of t.1:.e cry shall record a not.ce and an assessrnenl: diagram pursuaur to Seenoil 3114. If the assessme:J.I is levied on businesses, the text of the recorded notice shill be mod.i5.ed LO reflect that the assessment \.'Vw be levied on businesses, or speci:5.ed categories of businesses, w"'1tb..in me 3J:ea of ilie dismct. No orner proviSion or Division 4.5 (comrnenci.:.~g \;V-ith Secilon 3100) applies to an assessment d.J.smct ceared pursuant to tb..is pan. 36628. r2e city cDune:J. :=:.ay est.1blish one or 20re separare benefit zones w-:t.h.i.rJ. the district basee. upon the degree of benefit derived from the improvements or aCiJ.vl.nes' to be provided WIthin the benefit zone and may iwpose a different assessment within each benefit zone. If me assessment 15 to be le-viec. on businesses, the CItv cormc:il may also de Ene cateZOI:ies or . . ~ businesses based upon t..~e degree of benefit that each will deriv~ from the improvements or activities to be prov1~ded WIthin the district and may impose a different assessment or r:lIe of a3sessment or::. eacb. c3.tegory of busllless, or on eaC2 c3.tegory of business '\N-1.t.:.Llln each zone. 36628.5. The city council n:.ay levy assessme:J.ts on businesses or on property owners~ or a combin:1D.on of 6e r"''''o, DillS1.lant to tbs O'll:. The city council shall S1J.-ucru.::e the assessments in , , whatever manner it decerrnines corresponds with the distribUTIon of benefits from the proposed improvements and actiVIties. 36629. All proVisions of this part applicable to the establisr=ent, wodilicaClon, or disestablishment of a property and business iwprovement dismct apply to the esrablishme::!t, modilicanon, or disestablishmen'L ofbenent zones or categor.es of busir:ess. The cry council sh~ 'LO est:lblish, ChuJa Vista Tourism Marketing District Mana~mHt District Plan P:lg~ 16 modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modi.."y, or disestablish a parking and business improvement area. 36630. If a property and business improvement district expires due to the time lli-nit set pursuant to subdivision (h) of Section 36622, a ne)'" management district phln may be created and a new disw..:ct established pursuant to this parr. Assessments 36631. The collection of the assessments levied pursuam to this part shall be made at the time and in the manner set forill by the city council in the resolution est3.blishing the management ciistriCI plan described 1Il Section 36622. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property t...,<, and may provide for the same lien priority and penalties for delinquent payment. All delinquent paymems for assessments leVled pursuant to this part shall be charged interest and penalties. 36632. (a) Tne assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property ,,-ithin the property and business improvement district. The city council may classify propertles for pu..-poses of determining 6e benefit to property of the improvements and acnvities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on 1:..1.e baslS of the estimated benefit to the businesses within the property and business =provement district. The city council may chssify businesses for pu...-poses of determining the benefit to the businesses of the improvements and actlvities provided pursuant to this parr. (c) Properties zoned solely for residential use, or that are zoned for agcicultural use, are conclUSIvely presumed not [0 benefit from the improvements and sen'i.ce funded th:ough mese assessments, and shall not be subject to any assessmenI pursuanr: to thJ.s part. 36633. The validity or an assessment levied under this part shall not be contested in any aCTIon or proceeding unless the action or proceeding is commenced within 30 days after the resolution levYlIlg the assessment is adopted pursuanr to Section 36626. Any appeal from a final judgment in an actioa or proceeding shall be perfected within 30 days after the entry of judgment. 36634. The city council may execute baseline service contracts thar would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Tne oVloersl association may, at any time, request that the Clry council modify the management chstrict phln. A.ny modification of the management district phln shall be made PW:SU3.2t LO 1'"h;S chapter. 36636. (a) Upon the written request of the owners' associacion, the city council =y modify the management dist:ict plan aITer conducMf1g OIle ~ublic hearing on the proposed modiEicarions. Tb.e cirv council mav moc1i.Dy the imurovements and activities to be funded with the revenue de.r:i:ved , , , from the levy of the assessments by adopting a resolution deterri11111'1g to make the modi.fic~tions aner holding a E=lUblic hearing on the proposed modifications. If t1::.e modification includes the levy of a new or increased assessment, the CIty council shall comply with Section 36623. Notice of all other public meetings and public hearings pursuant to this section shall comply with both of the following (1) Tne resolution of intention shall be published in a newspaper of general circulation 1Il the city once at least seven days before the public meeting. ChuJa Vista Tourism Marketing District Mana~lIt District Plan Page 17 (2) A comple:e copy of the resolurion of intenrion shall be mailed by fust class mail, at least 10 days before the public meeting, to each business owner or property owner affected by the proposed mo6f!carion. (b) The cary council shall adopt a resolurion of intenrion which states the proposed modilicarion pnor to the public hearing required by this secrion. The public hearing shall be held noc more than 90 days after the adoption of the resolurion of intention. 3663,. Any subsequent modilication of the resolurion shall be reflected in subsequent notices and maps recorc.ed ?illSU21J.t to DiviSIon 4.5 (coffi.:.--:::lencing w-ith SecTIon 3100), 1.0 a manner consistent Wlth the provisIons of Secrion 36627. Financing 36640. (a) The cty council may, by resoluDon, detenni:le and declare that bonds shall be issued Co finance the estimated cost of SOI:le Ot all of the proposed improvements described in the tesolution of formanoa ~dopted pU!su~t to Section 36625, if me resolution of formaton adopted pursuant co thac secrion provides for the issuance of bonds, under the Improvement Bond Act of1915 (Divi.sion 10 (co=en=g Wlrh Swoon 8500)) or in conJuncrion ",-i.rh Marks-Roos Local Bond Pooling Act of 1985 (A.rcicle 4 (co=encing Wlrh Secrion 6584) of Chapter 5 of Division 7 of Ticle 1 ofL':!e Gove=ent Code). E.J.ther act, as rhe case may be, shall govern L'::e proceedings rdaring to rhe issuance of bonds, alrhough proceedings under the Bond Act of 1915 may be modified by the ciry council as necessa.....y to accommodate assessments leVled upon busl1J.ess pursuant to, this part. (b) The resoluGon adopced pu=suam CO subdivision (a) shall generally describe the proposed improvements specafied in the resolution of formarion adopced pursuant to Section 36625, set forth the esci.rn.ai:ed cost of those i.mDIovements, speci..ryr r.he numoer of annual instqllr.:enrs and LlJ.e Escal c _ years during which they are to be collected. The amount of debt service to retire the bonds shall nm exceed the 'l..TTIOU!lL: of revenue es1:i.rpated to be raised from assessmeUlS over 30 years. (c) ~~Otwl.thST:mding any other provision or this part, assessments levied to pay the pcino.pal and l1lter~st on an,- bond issued pursuant to this secrion shall not be reduced or tecrninated if doing so would interfere w-ith the amely retirement of the debt. Governance 36650. (a) The owners' association shall cause to be prepared a report for each fiscal year, except the fust year, for which assessments are co be levied and collected to pay the COStS of the improve::nents and acuvrcies described in the report. The owners' assaciatJ.onTs IDst report shall be due arter the fust ve:u or operation of the ciismcr. The renort mav prooose changes, incluciin.z, bu;: , J.. '... '- not limited. (0) the boundaies of the propeny and business lmprovement district or any benefit zones w"l.tbin ille dist.:ic; ::he basis and method of levTillg ~~e assessments, and any ch::mges in the classIncationof property, 11lduding any cacegones of business, tf a classincation is used. (b) The repore shall be 5led w'lm cb.e cler.k and shall :efer to the property and business i.mprovemen~ district by name, specL~T the fiscal year co which the report a~plies, and, wlth respect to u.1.at fiscal yeu, shall conTain all of me followmg informacion: (1) __\ny proposed changes in the bOLUlcimes of che property and business i.o.provement chs~c;: or ill any benen, zones or classllcauon of property or busl1lesses ",-i.th.in the dismct. (2) The improvements anc:i aCu:viries to be provided for that fiscal yeaz. (3) "\.n eSUmate of the cost of providing rhe improvements and the activiries for that fiscal year. (4) The method and baSIS of levf.ng the assessment in sufficient detail to allow each real property or busmess owne:::, as appropriate) (0 estimate the at:iJ.ount of the assessment to be levied aga.ir!.st his or her properry or busl1less for that fiscal year. Chub Vista Tourism Marketing District i'rIana~at District Plan Page 18 (.S) T.o.e amounT of any surplus or defier revenues to be c~"""";ed OYeJ: from a previous fiscal year. (6) ree amoum of a,"y contributions to be made from sources other than assessments levied pursuant to this pa..rr. (c) The cirr council =y approve the report as @ed by the owners' association or may modify any pa..-ucuhr cont=ed in the repon: and approve it as modified. Any modincation shall be made pursuant to Secrioas 36.6.35 and 366.36. The ciry council shall not approve a change in me basis and method of levymg assessments that would impair an authorized or executed contract to be pa1d trom oe revenues derived from the levy of assessments, including any commit:nent to pay pnncpal and interest on any bonds issued on behalf of me dis;:nc;:. 36651. The m.~agemenI dis-c::cr phn ITlaYl but is not required to, stare that a..a.~ owners' assoc:i.ao.on w'Jl proV1de the improvemems or activines described in the management district pian. If the manage:::::.e12t mst::1ct plan deSignates an owners' associanon, me cicy shall contract: w~ili the deSIgnated nonprofit corporanon i:0 proVlde sernces. Renewal 36660. \f a) ,,,,"'17 dis;:nct preV10Llsly esublished whose te= has exorred, may be renewed by follow-h1<> , ~ , ....', i:;l the procedures for establishment as ?rovided in t:ills chapter. (b) Upon renewal, any remaining revent:es derivec. from the leY7 or assessr:::eni:S, or any revenues derived !rom the sale of asset3 acquired wi6 the reyenues, shall be cansferred to me renewed distnct. If me renewed district mcludes addiuo1J.al paIceis or businesses !lot included in the prior dismct, the remaining revenues shall be spe:1r to benebt only the parcels or businesses in me prior district. If the renewed district does not include parcels or businesses included in the prior distnct, me remaining reyenues arcibutable to mese parcels shall be rerunded co the ov.tne=s of these parcels or businesses. (c) Upon renewaL a district shall rur.re a cer::::l n.ot 'La exceed 10 yearsl Ot, if the district is authorized to issue bonds, unci the .:L::l:Gmum. mam.riry of illose bonds. T.o.e!~ 15 no requirement that the boundaries, assessments, i.m.prove.::nents, or aCTIV1UeS or 3. rene"'~led ciistnct be the same as me original or pnor distnc!. Disestablisrunent 36670. (:1) _'-\.ny 6.su::.c! eSLablished or e:{t.~n2.ed pursuant: 'La the provisions of c}1is pll1:, where there is no llldebtednes3, outstanding w.d ull?a.td, incurred to accomplish any of me purposes of me district, ma~'/. be ciisest:lblished bv resolunon b'7 the ClI7 council ;n eir...~er or the followmg CD:cumsta...T1ces: I ,., (1) If the city cound Ends there has been lUlsappropriation of funds, malfeasance, or a violation of law !.ll conneCTIon w-i.th the rnanagemen:t: of the district, it shall norice a hearing on ciisesrablishment. (2) D'mng 6e operation of the cllStIlG, mere shall be a 30-da:! period each year ill which assesses may requeST disestablishmenr of the clismct. Tne firSt such period shall beg.n one yea: after the dare o! establishment of che cllSillCi: ane. :3l:ail connnue for 30 days. The next SUCD. 3D-day period shall beg..n NO ye:lIs aIte!: the d::u:e or U.~e est3.blishment of the district. Each successr,re year of operation or the dismcr shall have such a 30-ciay pe.::.od. Upon the wnrren pec.non or the owners of real property or of bUSlllesses in the area who pay 50 percent or more of the assessments levied, me city council shall pass a resolUTIon of inrennon to disesublish the dismc'L. The ClLY cou..qcil shall nonce a hearing on diseSTablishment. (a) The ary council shall adopt a resolunon of intention to disestablish the district prior 'LO the public he:.u:ng reqw.red by t:.l:Us section. The resolution shall state the reason for the ciisesi:3.blishrne::E.., shall stare ilie urne and phce or~ the public hearing; and shall conuin a ?roposal to dispose of any assets acqmred WIth the revenues of the assessments levied withrn the property 3..I::.d business improve2e:J.t ciisLnct. Tne nOTIce of the hearing on disesrablishment requrred by t.h1s secTion shill be ~sen by mail (Q the property owner of each parcel or to the owner of each ChuJa Visu Tourism i'Yiark"nng District Mana~lh District Plan Page 19 business subjecc co assessment ill the discict, as appropriate. Tne city shall conduct the public he2..rino- not less mm 30 dayS afte: mai1.i.:J.g me noric~ [0 be crope...-rv or ous:i:c.ess owne.::s. The public o J -'- . I hearin<> shall be held not more th:111 60 davs arrer che adopuon of che resoktion of intention. ~ " 36671. (aJ Upon the disesnblishment of a district, any remaining revenues, arrer all outstanding debts are paid~ deny-ed from the lery of asseSSI:lenr5, or derived from the sale of assets acqui:ed with the revenues, or from bond reserve or construCTIon 6=ds, shall be reEullded to the owners of be property or busmesses men located and ope::J.tng W'"":."fh1Tl ;he disL:J.ci: ill whrch assessmenrs we:e levied by applying the s=e mew.'-lod and basis that was used to calculate the assessments levied in the fiscal year .in which U.~e dis~ct is msesrabhsned. ~'\ll QUISL:UlciIlg assessn:eU"c revenue collected aner disestablishmerrr shall be SDent on unprovemenrs and actiVltleS snecJied in cl:e mana.zement l. ~ J. '-' dismct plan. (D) If L.~e cUsesrablishmem: QCCUIS berore an assessmenr is lev-i.ed for the fiscal year, the memod and basis that was used to calculate the assessments levied in L~e immeCiate prior fiscal year shall be used to calcu.hte the a.::iJ.ount: or any ref~d. Cbula "ista Tourism Marketing Distric! iYIana~",2:IiX District Plan Page 20 APPEJ'li1)IX 2 - LODGING BUSTh~SSES TO BE ASSESSED W llllL.'{ THE CVThID: Bes! Western Chula Vista La Quinta Inn Harborview Inn 150 Bonica Road 1089 Broadway 946 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 Chu1a Vista, CA 91911 (619) 691-1211 (619) 422-2967 (619) 691-6868 Ramada Inn }ljghway Inn Best Western South Bay 91 Bonita Road 70 Broad\vay Inn Chula Vista, CA 91910 Chula Vista, CA 91910 710EStreet (619) 425-9999 (619) 691-8118 Chu1a Vista, CA 91910 (619) 420-5183 Travel Inn Motel 6 394 Broadway 745 E Screet Big 7 Motel Chula Vista, CA 91910 Chula Vista, CA 91910 333 Broad"way (619) 420-6600 (619) 422-4200 Chula Vista, CA 91910 (619) 422-9278 Avon Palomar Inn 99 Broadway 801 Palomar Stree! Days Inn Chula Vista, CA 91910 Chula Vista, CA 91910 699 E Street (619) 422-6002 (619) 423-9170 Chula Vista, CA 91910 (619) 585-1999 Bay Cities Motel Palomar Motel 846 Broad"vay 1160 Walnut Avenue E1 PriHlero Botique Hotel Chula Vista, CA 91911 Cnula Vis!a, CA 91911 416 Third Avenue (619) 420-2951 (619) 575-2944 Chula Vista, CA 91910 (619) 425-4486 Comfort Inn & Suites Riviera Motel 632 E Street 372 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 Good Nite Inn (619) 476-8635 (619) 422.-1987 225 Bay Boulevard Chula Vista, CA 91910 Early California Travel Inn & Suites (619) 425-8200 692 H Street 23 5 yV oodlawn A venue Chula Vista, CA 91910 Chula Vista, CA 91910 Holiday Trill Express (619) 425-3862 (619) 427-9170 4450 Main Street Chula Vista, CA 91911 Farmhouse Motel Vagabond Inn (619) 422-2600 523 Arnita Street 230 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 (619) 422-5568 (619) 422-8305 Chula Vista Tourism Marketing District Mana~ltt District Plan Pag-e 21 ATTACHMENT 2 PETITION TO THE CITY OF CHlJLA VISTA TO CREATE A TOURlSM lYHRKETING DISTRICT We petition you to initiate special assessment proceedings to create a Tourism Marketing District (TvID) in accordance with the Property and Business Improvement Disuict Law of 199", Streets and Hig...'1ways Code Section 36600 et seq., for the purpose of underta.ld.ng and i..rnplementing the TMD as described in t.'le attached summary of the i'vlanagement District Plan aTtached hereto as Exhibit A. Lodging Establishment Business Owner i , Owner Representative/Owner Name (prim:ed) Owner/Representati ve Signature Date 9-27 Exhibit A SummarY of the Management District Plan Tne Management District Plan provides ror the provision or sales promotions and marketing: programs for the Chula Vista area, and to pay ror capitol irJ'rastructure west of Hig:hwav j and within the Eastern Urban Center. The Chula Vista Tourism Marketing District (CVTIvoJ) shall be established ror j years and ",ill ralse approximately $6jO,000 per year in assessments. The assessmems used to pay bond debt shall have a term of 3 0 years. The boundaries or the CVTIvill will be the city limits of Chula Vista. The CVTrvill will only include notels and motels. \Vithin the boundaries or the CVTIvill there shall be t'lIee zones. Zone I shall include the area or Chula Vista east or Interstate j with the exception or the Eastem Urban Center. Zone 2 shall include all hotels fu"1d motels west of 1"1terstate j. Zone 3 shall include all hotels ,md motels in the Eastern Urban Center. Tne Eastern Urban Center is bound by Stale Route 12j to the west, Birch Road to the norch, Eastla.i<e Parkway to the east and the furore e:nenSlOn or Hunte Parbvay to the south. Bonds shall be issued in Zone 2 and Zone 3. A detailed map is attached. Services the CVTJ\;ill will pro,ide include 1:.c1.e operation or the Chula Vista Visitors Information Cemer, sales promotion and marketing programs designed to market Chula Vista as a tourist, rneeti.'1g and event destination. In additior~ assessment dollars will pay for infras1:.c--ucture 'w'est or Highway j and within the Eastern Urban Center. f\nImal assessment rates ar~ 23Yo or gross short term (stays less than 31 days) room rental revenue on lodging businesses. In Zone I, the monies collected from 1:.c1.e special assessment w'JI go to the O'wuers' Association. In Zone 2 and Zone 3, 2.0% or the 23)10 collected will go towards capital i.'11provements, and the remaining 03Yo will go to O",ners' Association. At the Council's discretioil, this 2~~ L."1 assessments collected in Zones 2 fuJ.d 3 may be used to reDav a . , capital infrastructure bond if Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, fu'1Y funds collected in these zones ",ill go to the CVCC and used in the same way as mor.ies collected in Zone I. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on the benefit received, stays at R V parks and campgrounds witmIl the Boundaries of the CVTIvill shall not be assessed. Tne proposed District CVTiYill shall have a five-year life. Tne assessments used to pay bond debt snall have a term of 30 years. The CVThill assessment will be implemented beginning june I, 2009. Once per year there is a 30 day period in which owners paying more u1.aTI jO% or the assessment mav orotest and terminate the oomon or the district that is nor used to reoav . -.... 4 .I bonds. 9-28 A complete j',[anaaement District Plan caIl be obtained by contacting the Chula Vista Chamber - - of Co=erce or me Chula Vista Convention & Visitors Bureau at me address or phone number below. A complete Management Dis;rict Plan shall be furnished upon request. If you have any questions piease contact us at: Chula Vista Chamber or Co=erce 23:3 4th Avenue Chula Vis1:a, CA 91910 (519) 120-6603 Lisa(w.chulavislaCD.2.ill bel". org: 9-29 Chula Vista Convention and Visitors Bureau 750 E Street Chula Vista, CA 91910 (619) 420-6603 Lisa@chulavistachamber.org Chula Vista Tourism Marketin~ Disrrict Boundaries I ,---~-,", - _~ _ 1_._'- ~. .~.-- r-~::./ -=~. - ~. -'. ,I .l:'-~.;;::.,..;:;r r . 11' ,r "=,,,,_-' 7.....:::>It:" ---" .--.:I:/ ,.~ '-""":;" ..... \ ;1 /'/ ~,='''''''=)J .f :",,-;c;->--;o ~~ Lone 2 ~. ;(-~ a-0~~T- I I;.__-=-i _~?~ ~ --." '~ ," '~Jt " "~'" i " /.~ . "-. ~,;'-, \ ' , ''".l:.. ,:: ___-\::.-_.J." '..~' .,~// __ ......_"""""'-_. . " ~ .....;~.~..__~ . \ . -< L.. , ~ '..-......, J....~.~. ,.- --__.. 'ii-' i ,..__---.., ,I '~,::. , -.... ,\--.... '\ _/ ---.....-.. .-----. 1..-" X ~''',.., \"---, ~~---_..-:- _'R---\ f >" ~ ,..--- -- - '::.:-:...-~-- -. "'-/f'.' . . ~ i, --~.-, '-~ \ '~\, f -". --....- '-_ -." I ~~ r ,,- \ P'--' -- . '. ,". _____-.~ " _,' '. "'--_.'j. '---' " _~__--_. l~_~_""',. .. _ "' .__~: . __...~... -'" ':........- . .' ..._ " --, '.....-:~-- '< ...........-......--' Q - ....------; "" ," \ e. r' ]....1 ~..1-"i7 4?~f~~$.-=~'::'2~:~~.-t~~::'r;" '.:'\"~~"'d- ~1" ./ .+_., /-1 \ _,Li ';:> \..'1;!,\i~~~,__,"'(\--;.__-;--.~~i~.:..t"~,.:O*~~ U.l'a-'y lSta " /' f".._._- ' ~~"'.,~~ .~~, ~.,,-. .-- '" ~" --- -"" ",-" I, . . vJ"',:....~,. '.--,'" .---" j 1-------- . --~ . A-<, r' - a '~~-,~ \...:--' ' .- , -- ~.~-' < L,one fJ~-:"I-'- ~~.- , -; ~ . :,;-"" .~. 'i ;. -- r~~ _.- ._"0- 'I. ' ~-~ ..:...one 1 . ___--" do.,.... \ /- _ "'-~;~~' I~~f,. ~::::.:;;.,~~::::=:':.-._::::,' '/ , -..-->~ ./<:-. --- '1 ;:'] ~~'" \ ,--; ~-~--'- -,.,,~-.- " i\' r ,/~ \1. ( "',.,';. -~~"' ,'--~ I~~; ~ _.__~-.~;:;~_-~-~. \ ~~:~~;_:-~ _,') , __/-... ~:;-:::..:. ; ,/" { '" ----,."'-"'-""-',,'.!~,' J 1/-' i f . :;~_.' ..--<Ota'lr\ Ra'hch I /~'>-t___ . ,~\ i "".,.._~L__J--/',' '--~- -:: .---'~ \ '_":'-1/ . .,,, -L \ ULJ---;U L ~~ . \ " ....::-::""', I I f\ ".... ~; :.-;,.:t :,=: :~:. i ! . \ ~----; :~..i';'!'.."~::;:o;::;.;.::,: A IfCRTH ...-.....~k _ -..;......1 \ ....' I, -~.. . -.~~ ., 9-30 ~`1 ~~ k~~ CIN OF CHULA VISTA Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax ~~. ~/ MEMO May i3, 2009 TO: Donna Norris, City Clerk Lorraine Bennett, Deputy City Clerk Sheree Kansas, Records Specialist VIA: Mayor Cheryl Cox C~ FROM: Jennifer Quijano, Constituent Services Manage RE: Resource Conservation Commission Mayor Cox would like to recommend Juan Ulloa for appointment to the Resource Conservation Commission. Juan will replace Brett Davis. Please place this item on the May 26, 2009 Council agenda for ratification and schedule the oath of office for the June 2, 2009 Council agenda. Thank you. 5/!d/off - ~v. Ullooe otc+~cs c~tr c~ werk~~ ~ rue o~ a d~ula, V ism ~e,~vo~ '~ c~ N•t~ S i i ot~ I- R ~~t~i x~~ CIlY OF CHULA VISfA Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax TO: Members of the City Council CC: Donna Norris, City Clerk FROM: Cheryl Cox, Mayors/ MEMO Wednesday, May 20, 2009 The City Council should consider an appointment process for selecting a new Port Commissioner for the term expiring on January 2, 2011. The process proposed below is similar to the process used by the City Council regarding openings on the City's Planning Commission, Parks and Recreation Commission, and Chula Vista Redevelopment Corporation (CVRC): 1. Applicants for Chula Vista Port Commissioner must be residents of Chula Vista. Information regarding the responsibilities of a Port Commissioner can be found at www.portofsandie o.org 2. Applications will be available online at www.chulavistaca.gov and at the City Clerk's office. 3. The City Council will determine opening and closing dates for applications. 4. Each applicant must submit to the City Clerk a completed Port Commissioner application (Part 1) and a resume by 5 pm on the closing date for applications. 5. After the closing date, all applications and resumes will be forwarded to the Mayor and City Council. 6. The Mayor and City Council will submit the name/s of applicants they want to interview by a deadline stated when applications and resumes are forwarded to them. 7. Applicants receiving two or more nominations will be scheduled for interviews. 8. Each applicant selected for an interview must submit to the City Clerk an Economic Interests Disclosure form (Part 2 of the Port Commissioner application) no later than one week prior to the scheduled interview. This information will be forwarded to the City Council prior to interviews. 9. Applicants will be interviewed in a public meeting by the City Council on a date selected by the City Council. 10. When interviews have ended, the City Council will deliberate in a public meeting until an applicant receives at least three votes. Recommendation: The City Council discuss and approve an appointment process and determine opening and closing dates, after which applications will not be accepted. Il~~~` ~«!/ CITY OF CHULA VISTA APPLICATION FOR PORT COMMISSIONER, PART Name (^ Mr. ^ Mrs. ^ Ms.) Home address City Zip E-mail address Residence phone Business phone Cell phone Do you live within the City limits of Chula Vista? ^ yes ^ no I low long? Present employer Occupation Are you currently serving on a Chula Vista Board or Commission? ^ yes ^ no Which one(s)? What experience or special knowledge can you bring to this position? What would you hope to accomplish by your participation? Please attach a resume. Candidates selected for an interview will be required to submit a completed Economic Interest Disclosure form (Part 2 of this application). Note: Applications will be accepted by the Off ce of the City Clerk until 5:00 p. m., at 276 Fourth Avenue, Building 100, Chula Vista. I am familiar with the responsibilities of the Unified Port of San Diego Board of Port Commissioners. By submitting this application I hereby acknowledge those responsibilities and attest that the information provided on this application and its attachments is true and accurate. Signature Date °` `"., Name APPLICATION FOR PORT COMMISSIONER, PART 2 ECONOMIC INTERESTS DISCLOSURE In order to determine potential conflicts of interest, please disclose all economic interests that you have had within the boundaries of the County of San Diego under the following categories (if you have nothing to disclose, indicate with "N/A"): INVESTMENTS Disclose any financial interests with a value greater than $2,000 that you, .your spouse, registered domestic partner, or dependent children had with any business located, doing business, planning to do business, or that has done business in the past two years, in the County of San Diego (include stocks, bonds, sole proprietorships, partnerships, trusts). BUSINESS NAME ESTII~fATED VALUE i GROSS ANNUAL r INCOME INCOME Disclose the source and :amount of gross incarne or loan of $500 or more that was received by you, your spouse, or your registered domestic partner during the past year from any source located, doing business, planning-to do business, or that has done business in the past two years, in the County of San Diego. (You are not required to report loans from commercial lending institutes, child support or alimony payments, or salaries, reimbursements for expenses, social security; disability, or other similar benefit payments from a federal, state, or local government agency.) SOURCE OF INCOME YOUR BUSINESS POSITION GROSS ANNUAL INCOME OR LOAN AMOUNT Attach additional pages as needed. ~ I Name GIFTS Disclose the source, description, and value of gift(s) valued at $50 or more from a single source during the past year from any source located, doing business, planning to do business, or that has done business in the past two years, in the County of San Diego. A gift is anything of value for which you have not provided equal or greater consideration to the donor. (You are not required to disclose gifts from family members, inheritances, or campaign contributions). NAME OF SOURCE DESCRIPTION OF GIFT VALUE REAL PROPERTY Disclose interests that you, your spouse, registered domestic. partner, oz your dependent children had of $2,000 or more during the past year in real property located in the County of San Diego or within two miles of the boundaries of the County of San Diego. {You are not required to disclose property used exclusively as a personal residence.) CITY WHERE PROPERTY' 1S LOCATED FAIR MARKET GROSS ANNUAL INCOME VALUE (IF RENTAL) Attach additional pages as needed. ~ ~ ' '" ~"~' Honorable Mayor Cheryl Cox and Distinguished Council Members City of Chula Vista, CA RE: Request Review by Mayor and City Council of Fire Department Order to Install 3 strobes and Knox box at entrance gates at Villa Tempra Homeowners Association and to rescind Order to Install I write this letter to you requesting a review ofCV Fire Department policy OPS 3103.00 dated 4/19/1999 (HI) as it relates to automatic gates. This policy is being unfairly, selectively and retroactively applied to Villa Tempra as follows: The Villa Tempra complex is located at 341 Palomar Street, built in 1986. It is a central location, which means there is constant traffic. In 206 we decided to install an entrance and an exit gate to control access to the complex and to enhance security (AI). Our gates also have pedestrian access, remote control operation as well as an electronic keypad for code entry, meaning REDUNDANT systems. We applied for all the permits required by the city (81), and followed all the instructions and met all the requirements we were told we had to meet, including installing the Knox boxes to each gate by the fire department. The permit was granted on 8/24/07 (CI). The California Fire Code section 503.6 requires "an approved means of emergency operation" (FI). Our gates already have the Knox boxes (GI), which means we are in compliance. The order from the fire department of 4/1/09 (II) requiring the installation of 3 strobe lights to open the gates, the installation of one additional Knox box and the activation of the exit loop, would cost approximately $2,500 to install, money which in these difficult economic times, with multiple foreclosures in the complex, Villa Tempra does not have. Besides, enforcing this order would be a violation of the law, as the law can't be applied retroactively. We were told our only option would be to appeal to the Board of Appeals, but that process costs $400, which we don't have. We have filled out an appeal form, included here (JI), in case you want to waive the fees and have the Board take up the matter, but we also ask you, the City Council and the Mayor, to review the matter and to rescind the order. We appreciate your consideration of this important issue. Please rescue us from the Fire Department! (6] 9) 253-0901 Table of Exhibits Villa Tempra HOA Appeal of Order from Fire Department AI. Pictures of the entrance and exit gates to Villa T empra 81. Approved application to install gates with all required signatures CI. Building permit B07-0530 granted 8/24/07 Fl. California Fire Code section 503 and 504 page 52 G 1. Knox Box requirements hand-out given out by the fire prevention division HI. Fire Department Policy OPS 3103.00 of 4/1999 11. Fire Department order to Villa Tempra to install additional equipment by 6/30/09 JI. Appeal to the Board of Appeals to rescind order from Fire Department ..,~:~:;:;;;:..,;.;,--,,::,.-' ;,~,~:. I ~ ., TAn ..!i'.'li Itlll II: \3-4 ;--- ~ A l ~ ~ ~ R -~ ~ _[ Slevenson, --------------' i'~~ildfIWil~i,j( . ~iW';. 11./ H! '1' ~}(?G~>Y,cv ~~)6(1-;:: 6 -f- ihG0( ~ti1~r- IE (-, f / .;' \ ' ;' -, . ---' -;-.. fie?.:). .' I 1 . \ I ,,, .' '..'1 I . I " c'; --- ;' ,- . -...... ,I . ....~ /.J ~/ ~~ i ". ~. , -l ~ ~. 11 -- F . 1302 vi 1346 (' C 1368 ... (" t. j 38 2 "' ~ - ....- . . :',';' . - :i /. :'r t\ I ;..; i_I '~/?k-'/ : 1. c 1304 1336 1362 13a6 o ~ r- r- m -I m ~ -0 :u ~ ~~j) , t 3ii l' ,.. . 'C: 1348 "" r-- c 13&1 ...r> 138e 1303 1336 1387 1399 I:'oe . /'Ii,?(c-/'? /I~() f. ; . :r: I ~ . . . . .. . . / - '" - ( - 'L L '.: , "f' / (; I. ,.. ((I... 'f, _ ' L-. / - -'.. () L' , / " .c _ ; tk,-e:~"- . . . r- -<i . , . $.' :: , . . . .,. ... [ C ~~ll'k 130B 1338 1384 1392 '_._".~""" .. . .. .. ..... ~.. '" (0':> n C-f ,~J) U .1.1 : :V'l:':LA __ . L G -l m ~ -0 :u ~ " r )> o m 1332 < r ---------.-------.-.. -f-- -- _._~- ------ .( ~ 1324 -l 1323 ~ m ~ "tI :u ~ o :u 1339 1348 13611 1364 1393 1382 +j (i~ ,-l l~~) [t I< \ r _-:J if EMPRA -") " . L -1- 1'0' r \:- jli~ ~, 1301 I . ,-) , I , ..~ _13.} 7f - .'....... I 1 I -l m ~ " :u )> o o :u -l m 1 S3 8 89 ,I ~ "- ~3~' t :~~ '-:; , - n. . \ _ 1365 , !,' ""11.1 ,"/ \\" 1'311'1 .;".. ;;, -; .~ ". '-- '..::' PIJ.::32""~-J /~ {or- e.- v" r.j .~, 6 --J '::. --J [Nl ,.J ~ I .--j' t: t,.:.::~ __,.._"__ .~::':-=~t..) .XJ -,) ,,) ." _. t.O ~}Ri(bji t!f/rrt~ 3" {' i- /h((:< IJ ~lt' lei (L f .- ,-. " f'-,.. (J ~ t= :() ... \" () ... ~ CJ ("J I;' ~ D I ~,."J "" Q ... ~ -~ --.:l <j 1:J 1:' G"l fT1 .", ~ I L, '-' t~:L .t - , 1-' . ' : . ; /' , :-; -. ~;.:..{(,..-- ~~~~ ClTYGf CHUL~ VISlo. PLANNING AND BUILDING DEPARTMENT BUILDING DIVISION 276 FOURTH AVENUE. CHULA VISTA. CA. 91910. 619.6.~1-527': . 619.409.5428 (Fax) LICENSED CONTRACTOR DECLARATION I hareby affirm under penally of perjury that I am licensed under provisions of Chapler 9 (commencing \~ith Section (000) of Di'/ision 3 oi ,lie aU5;r.~5S c:l'J ?ro;csslcns Code, and my icenseisintullforceandettect. License # Class Expiration Date Contractor Signature OWNER - BUILDER DECLARATION I hereby atrrm under penally of pe~ury that I am exempt trom the Contractors' State License LaN for the following reason (Sec. 7031.5 Business and Professions Coae: My city or county that requires a permit to construct, alter, mprove, demolish or repair any structure, prior to its issuance also requires the applicant tor such permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractors' State License Law (Chapter 9 (commencing with Section 7000) of OMs ion 3 01 the Business and Professions Code) or that he or she is exempt there from and the basis tor the alleged exemption Any violation 01 Section 7031.5 by any applicant tor a permit subjects the applicant to a CIVil penalty 01 not more than five hundred dollars (S500).): o I, as owner 01 the property or my employees with wages as their sole compensallon, will do the work, and the structure is not intended 01 offered ror sale (Sec, 7044, Business and Professions Code: The Contractors' State lJcense Law does not apply to an owner of property who bUilds or improves thereon, and who does such work himse~ or herself or through his or her own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of camp etion, the owner-builder will have the burden of proving that he or she did not build or improve for the purpose of sale.) o I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractors' State Ucense Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects w th a contractor(s) licensed pursuant to the Contractors' State License Law.). o I am exempt under Sec. B.&P.C. for this reason: Date o.vner WORKERS' COMPENSATIDN DECLARATION I hereby affirm under penalty of pe~ury OI1e of the following declarations: o I have and will maintain a certif cate 01 consent to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. o I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, lor the performance of the work for which this perm t is issued. My worke~s compensation insurance carrier and policy number are: () clrner Polley Nurnber ~Jte Appllcanl L CERTlACATE OF EXEMPTlDN FROM WORKERS' COMPENSATION INSURANCE (ThIS section need not be completed if the permrt ts for $1 00.00 or less). I certify that In performance 01 the work for whICh thIS permit IS Issued, I s II not employ any person in any manner as to become subject to the workers' compensation laws of Cal fomia, and agree that 1 I shou d beco ubJect to 7" workers' co pensat on provIsions of Section 3700 01 the Labor Code I sha I lorthwlth comply with those provisions. ~ ::J . ()-I-- Date f-z'-l-07 ApplicanL ~ ~-~ WARNING. Failure to secure workers' compensation coverage is hall ubJ€Ct an ~mployer to cnmlnal penallles and CIVil fines up to one hundred mousand dollars (S100,000), in addition to the cost of compensation, dama s as provide section 3706 of the labor code interest, and atiomey's lees ONSTRUCTlON LENDING AGENCY I hereby affirm under penally of perjury that there is a constru on lending agency lor the performance of the work tor which this permit is issued (Sec. 3097, Civ. C.). Lende~s Name Address I CERTIFY THAT I HAVE READ THIS APPLICATION AND STATE THAT THE ABOVE INFORMATION IS CORRECT. I AGREE TO COMPLY WITH ALL CITY AND COUNTY ORDINANCES AND STATE LAWS RELATING TO BUILDING CONSTRUCTION, AND HEREBY AUTHORIZE REPRESENTATIVES OF THIS CITY TO ER UPON TH ABOVE-MENTIONED PRDPERTY FOR INSPECTION PURPOSES. 5-iW i ~ U;;;R J--/Y - 0 ") PERMIT NUMBER: ISSUED: JOB ADDRESS: DESCRIPTION: PARCEL NUMBER: PERMIT TYPE: APPLICANT OWNER VALUATION $ Occupancy Type Totals.. 807 -0530 341 E PALOMAR ST CHVI ELECTRIC GATES (2) BUILDING PERMIT B07-0530 STATUS: ISSUED 03/12/2007 EXPIRES: 09/08/2007 341 E PALOMAR ST CHVI 6' Eleclnc Gate & 3.5 High Electric Gates ACCESRY1 SUB-TYPE: MSRYWALL VILLA TEMPRA C/O ASSOC PROFESSIONAL SERVICE POBOX 602090 92160 VILLA TEMPRA ClO ASSOC PROFESSIONAL SERVICE POBOX 602090 92160 $0.00 Factor Sq Feet Valuation $0. 00. Calculated Fees: Additional Fees: Total Penni! Fees: Payments: Balance Due: $0.00 $133.15 $133.15 $133.15 $0.00 THIS PERMIT SHALL EXPIRE BY LIMITATION AND BECOME NULL AND VOID IF THE WORK AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS OF DATE OF ISSUE OR IF THE WORK IS SUSPENDED OR ABANDONDED AT ANY TIME AFTER THE WORK IS COMMENCED FOR A PERIOD OF 180 DA YS. CALL THE AUTOMATED Voice Permit..- LINE AT 619-409-5434 TO SCHEDULE INSPECTIONS, FIRE SERVICE FEATURES fire apparatus anti shall be surfaced so as to provide all.wcmher driving capabilities. 503.2.4 Turning radius. The IequiJed lurning radius of a fire apparatus access lO<ld shall be determined by the tire code official 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess 01150 feet (45 720 mm) in length shall be provided with an <lpproved area for turning around fire apparatus 503.2.6 Bridges and elevated surfaces. Where a bridge or :111 elevated surface is part of a fire apparatus access road, the blitlge shall be consuuclcd and maintained in accordance witl. AASHTO HB.17. BIidges and elevated surfaces shall be designed IOf a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfnces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved baniers, approved signs or bolh sholl be installed and maintained when required by the fire code official. 503.2.7 Grade. The grade of the fire appaJatus access road shall be within the limits established by the fire code official based on the fire depaHment's apparatus. 503.3 Marking. Where required by the fire code official, approved signs Of other approved notices shall be provided for fire apparatus access roads to identify sllch roads or prohibit the obstruction thereot. Signs or notices shall be maintained in a dean and legible condition at all times and be replaced 0( r~paired when necessary to provide adequate visibility 503.4 Obstmction of fire apparatns access roads. Fire appa. ralUS access roads shall not be obsttucted in any manner. including the parking of vehicles. The minimum widths and clearances established in Section 503.2, I shall be maintained al aJl ti mes, 503.5 Reqnired gates or barr'icades. The fire code official is authorized to require lhe installation and maintenance ot gates or ocher approved ban icades across fire apparatus access roods. trails or other accessways, not including public streets, alleys or highways 503.5.1 SecUl-ed gates and barricades. When required. gates and barricades shall be secured in an approved man- ner. Roads, trails and other accessways . chat .have been dosed and obstructed in the manner prescribed by Section 503.5 shall nOl be trespassed on 01 used unless authorized by the owner and the fire code official. Exception: The restriction on use shall not apply to pub- lic officers aCling within the scope of duty. fB} 503.5.2 Fences alld gates. School glvlmdj may be fenced and galej thereilllllQ)' be equipped with locks, pro- vided ThaI 5afe di5penol areGS based all 3 square feel (0.28 m2) peT' occupam are located between lhe school and the {ellce. Such required jafe disperJal areas shall nol be locared len rhall 50 feer ( J 524011/11/) froll/ ,chool bllildillgs. EvelY public alld p;it.ote school shall confonlllVilh Sec- tion 32020 afthe Education Code which slales: 52 lFT1 The goveming board oj every public school di5IJict, and the g0\1emi1t8 out/uJ/it)' oj eve,)' private school, which maimaim all)' builditlg lHed tm tlte imtmctiolJ 01' ;'OlHillg oj 5ehool pupils olllmld entirel)' ene/osed (e.-Kept (or build- ing walls) by {ellces or walls, .shall, through cooperation with the local law e1ljorcemelll and fire protection agencies having jurisdiction oj the area, make pro~,j.'iioll {Of the erec- tioll of gates ;1/ slIch fellces or walls. Tire gates shall be oj mfficielll siz.e to petmit the elllrollce of the ambulallces. police equipmem alld firejightillg apparatm used by the law c/lforcemcm aud fire protection agencies. [here shall be 110 less rholl olle such acces.~ gate and there shall be as many such gates as tlceded 10 ell.\llI'f' Qc.cen to all majol' buildings and ground areas, lj such gates are to be equipped with loc,ks, the locking devices shall be designed to penult ready e1l1rance by the me oj Ihe chain or holt-olltillg devicej with which Ihe local law enforcemelJl and fire protection agen- cies may be equipped. 503.6 Security gates. The installation 01 securilY gales across a fire appmatus access road shall be approved by the fire chiel. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be mainlained operational at all times. SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS 504.1 Required access. Exterior dools and openings required by this code or the Cali/omia Building Code shall be main- tained readily accessible for emergency access by the fire depaltment. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the tire code official. 504.2 Maintenance of exterior doors and openings. Exterior doors and their function shall not be eliminated without prior approval. Exterior doors that have been rendered nonfunc- tional and that retain a functional door exterior appearance shall have a sign uffixed to the exterior side of the door with the words THIS DOOR BLOCKED. The sign shall consist of let- ters h"ving a principal stroke of nOlless lhao 0.75 inch (19 I mm) wide and at least 6 ioches (152 mm) high on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. Exit and exit access doors shall comply with Chapter 10. Access doors COl high-piled combus- tible storage shall comply with Section 2306.6. L / ( 304.3 Stairway access to roof. New buildings fOUl 01' more stories in height, except those with a roof slope greater than four units vertical in 12 units horizonral (33.3 percent slope), shall be provided with a stairway to the roof. Stairway access to the roof shall be in accordance with Section 1009.12. Such stairway shall be mmked at street and floor levels with a sign indicating that the stairway continues to the roof. Where roofs are used for roof gardens or for other purposes. stairways. shall be provided as required for such occupancy classification. 2007 CALIFORNIA FIRE CODE .~\,{} K ().') (. - (~(J<-'---- f:'ij () / \.-/~1....-'\... \,...../ . -" -~ CHUlA VISTA FIRE DEPARTMENT FIRE PREVENTION DIVISION COMMERCIAL KNOX BOX REQUIREMENTS Building Knox V;lUlt I 10 ft. Main Entrance t8l1m" 6ft. 'Tlln5fl. . rnax ,.,,' ",. ~, ~'r.:;,; ~.... ,- '~., ;~.: :. > .J.S':'... p.,j:..J.' :.. ~'1;-;' ::s "_ '''~C:.~:~~ ::" :" j"<:~~i~.~ Main Entrance/Street facing . Located no further than 10ft. fro III main entrance . Minimum height ~ 5 ft. I Maximum ~ 6 ft. . Knox Vault 4444 Series (recessed wi hinged door) . Each building requires a minimum oitwo Knox devices (one Knox vault and one Knox box as located above). This requirement can only be waived by the Fire Marshal . Some buildings will required additional Knox devices . The "Fire Department" Alert Decal is to be mounted on the Knox device's door or frame . Keys to be placed into the Knox box will be deter- mined by CVFD Fire Prevention Staff (i.e. master key(s), Fire Control Room, FACP, SDG&E, keys for appliance opperation, etc.) . Keys shall be identified with a tag and attached with a key ring . Mid and high rise buildings shall provide an addi- tional master key cabinet on the inside of the building with a minimum of six sets of keys ~!/?- ~ CIlY Of CHUlA V(srA Building Knox Box , I i;~l fire Control Room _ 'i~ max m~~ !J h. ,1!t mm5n. ~ !' ......; ~ y\. ,', 'J .. ,j~~~:!:i~~: . . '.. - ',.J.~. ~ . '~;', .'. . .. ";..~' ~ . ,- .~, -~..., ~"'-. .' ~ 'J .,: . .... . -/..'; ...,;;. . Fire Control Room . Located no further than 2 ft. from fire control room (,lIlalching side) . Minimum height = 5 ft. / Maximum = 6 ft. . Knox Box 3227 Series (recessed wi hinged door) /.:;~~3~':;,,~, ., i >r':;:~N'F':i~.~.~ ~~i~~ ,.":",~, d' ...~' "!;f' , , ,0. ,. ,. ~"'" _, '.;, ,#" ,~, -.: ,~~ ~ .;;;}f'l ;;:j".i. '~j/~t; r f1".,~ ~i ('l'~ ....'t.:~ . "-I ~J; "71,_1 t ",' ',;-c; : ."..;;r,;; ~:-' ".. ~r ~~. ;.~~, , '.~~,;"'. ;;,i.;r~ . " ,,:-, t:fo"""':'.~","""""y'~ 'Li"'''~'I!r'-;,' .",,'>11' ,"-';;.;tc.... .~"s:',.~,......;. y,:.: 'f~'';''~i'" ,_Ji;"Y';i:''';~,:w_.r.' ~ ~-~,;;,.,~.;' ...~~..;.:.. 1. ..('''-'.:, ' ~."" (~''''Jo t"_#>l"JIt.It.l!-':';, 0# ->s:..f-C;:'I' '". -or "f.l '~~2'1\~.:- ':,{~ "'~'1:''; Ut ,;,~,,"IO. i':rt it ,': ~" l ,.l, \:., .t.~;'f'~' t,- L~' ~5i~'" '.. " ,~':: . Knox Box/Vault Fire Department . 447 F Street . (619) 691-5055 . fax {619l 691-5057 . w\vw.chulavistaca.gov rGTI Chula Vista Fire Department Standard Operating Guideiines Section:31 - Fire Prevention Subject: Automatic Gates OPS.3103.00 Division - Plan Checks Page: 1 of 1 Origin Date: 04/1 9/99 Revision Date: It is the policy of the Chula Vista Fire Prevention Bureau to require Knox key switch and Opticom opening devices on all new motorized gate-opening devices. During the plan check phase, the inspector will document that the minimum clear gate width of the gate is 20 feet He/She will fill-out a Plan Correction Sheet requiring both types of devices. The FD will have the ability to use both devices. All gate plans shall be routed and/or submitted to the Fire Prevention Bureau for approval. There shall be a Fire Prevention plan check stamp on all approved plans. When the inspector does the final inspection, he/she shall review the stamped approved plan and make sure the gate was installed per the approved plan. CITY OF CHULA VISTA FIRE DEPARTMENT REVIEWED THE STAMPII\IG OF THESE PLANS AND SPECIFICATIONS SHALL NOT BE HELD TO PERMIT OR APPROVE THE VIOLATION OF ANY CITY, COUNTY, STATE, FEDERAL LAWS OR OTHER RESTRICTIONS. CONSTRUCTION APPROVAL IS SUBJECT TO FINAL FIELD INSPECTION AND ACCEPTANCE PERMIT # BY DATE IE! fiRE SAFETY INSPECTION REPORT (Type 3) \ \ Page~ of ~ FIRE PREVENTION DIVISION . 447 F Street . (619) 691.5055 . fax (619) 691.5057 Business Name: '" l: l. I. .t\ Business Address: , t. C. \ ;';;..~. '_\t ~.'h It'"' .. ,l \.~. \ ., , '. , f.. ~ ...... "\ ,,,~I\. \ Inspection Date: Business Phone: 4, i. ) \ . I' Owner/Property Management:; . , \[ 'i) Address: ,.......C ,..~ 1" ._'.~...L\' f..: Suite: c' .. .....'r' Properly Phone: r. \ " "\~. \ " 0 j..L City: \... ,\ \.. I \' ",I ~... State: , Zip: '-II "'f I I . CODE:; COMPLIANCE REQUIRED INITIAL DATE , , ~ , ~~., \ I . , . . j . , r - ,. ,,\ . .' , I' , .L ,! \ <::'il.. , ~ .. , l \ . " , . , , t , .' .,. :~ , .' . ; , , - .... , .. , \ . , .., " .\ , , 'I( , r" , , .- ,-. , ; , 1 ! I. e . \~I - \ .. - ., t , " ,. " " : I. I \, . .\ , .. _:t#. ; !, l.' ,. ., " I .. J , > "l'~. ,,\ t , \ , , . -~ ' , , , . .' +2_, ,':. " ! I . ... '.'1,: ,'\ I . A. "l( . . , i. , i'. " , \ " r , , , , " , , , ;. , I.. , 1 ' " ,j..\.. \ . . f\t:. ') ." . \ ' , . , , .. . . ,I '. -.:t ;....... ) -, , , " .- , ,. , I " , I , , , . .. , - I. ., \ ; ,J ", I ,\ , \~ ..\1, , \ \ I \ , , ., .. , -, , , ' t _... ---- '"'"1(1 J~. --< .........--- '.-"-- ....... " .-....- - - ~, .:;-.... --:"'-'~"'l""':":'...... ~ " , '. , . , \ "< !' , . , , (l' , , -\".f!. , \ <I' I , , ' -;>, , : , , .- "i '" f ., . '.' ,{ , v " . -~....._-.,,- , , - , \ I , i , I , . , RE.INSPECTION DATES INSPECTOR TIME SPENT By order of the Fire Marshal, vou iHe hereby notiiied In correct all violafions 1st I immediately or show cause wh>' you sholl If nul be required 10 do 50. I A re-inspection will be conducted on S ~ .....; t " .,-,:'1 . \Nilliul 2nd I I failure tu comply with this notice is a misdemeanor. Violations"which are not corrected immediately andror remain aiter the fe-inspection may be processed 3rd ($95 fee) I I as a criminal offen~e. Thank you for your assistance Jnd cooperation in minimizing the fire and liie fuss in yOU! community. ,. , City Attorney I I Signature oi Recipient: 'L Final Clearance I I DOwner ~8~V1an<l.gcr o Employee DContra<:lor . or : ..:.::rt~ I. t,....'~ I D Permitted Occupancy 10 Update RMS and file. Inspecting Officer: ,.. ,- OccupLlnc)' Class: ID:, t ~" 't Time Spent . Area: l; , ,u;: -:;("'''"OW _ Fi,,,' Cur,.. Own"IOo"'r'OI . Pink. ,,,;,;,, Cop,.. Owne,/Occur,n, ~~~~ 0lY Of .000lA VISTA DVI-\"U VI" I-\t"'t"'CI-\L;:) I-\NU AUVI:SUK:S APPEAL APPLICATION FORM Appeal the decision of the: o Building Official Nire Marshall o Other Application Information Date Received: Deposit Paid ($400)*: Receipt No.: Case No.: Name of Appellant V,, II ~ l-t .......'P~ H-vA Home Address: I ~ '3 S La... 1€ ~ fP n::L. Phone No. ilJJ eo y -t-e-. J 4-2~~710 2 GII. cr~ - Business Address: Project Address: 3 l.f I ~a.lo ~Ir S ~ prOjectDescriPtion:'O'r!t.y ~~ 3 -s{.o'ctes/ l ~bo(< ih "8ev~S. (Example: New residential or commercial, room addition, TI, etc.) ~-2G-09 Date t- Compliance with Americans \.'.lith Disabilities Act The ~ of Chuta Vista, in compliance with the Americans with Disabilities Act (ADA), asks individuals who require special accommodation to access, attend, and/or participate in a City meeting, activity, 01 service, to request sudl accommodation at least forty-eight hours in advance for meetings and five days in advance for sdleduled services and acti-:ties. Please call (619) 691-5272 x3510. 276 FOURTH AVENUE, CHULA VISTA, CA 91910 (619) 691-5272 . @ Nd;.r,oncJ l~.{O ~ 1 MEMORANDUM Notice of Determination May 22, 2009 TO: Jim Sandoval, City Manager ~ Rick Hopkins, Director of Public War" ._ David Miller, Deputy City Attorney I.. FROM: SUBJECT: Notice of Determination (Protest by Ultrasigns Electrical Advertising) Following a hearing today, May 22, 2009, regarding a bid protest submitted by Ultrasigns Electrical Advertising on May 13, 2009 (see Attachment A), we, hereby, conclude that there is no merit to the protest and request moving forward with a recommendation to award the design- build contract to Yesco (Young Electrical Sign Company) at the City Council meeting scheduled for March 26, 2009. SUMMARY OF EVENTS The City advertised a Request for Proposals (RFP) on March 6, 2009 for Design-Build Services for the Chula Vista Auto Park Sign (see Attachment B). This RFP was followed with Addendum #1 on March 12, 2009 (see Attachment C), Addendum #2 on March 19,2009 (see Attachment D), and Addendum #3 on April I, 2009 (see Attaclunent E). These addendums resulted from questions/requests for clarifications raised by the prospective tean1S prior to the RFP due date. The City received seven separate proposals in response to the RFP. Four mid-level managers from the Development Services and Public Works Departments were appointed by the City Manager to form the selection panel. These panel members were Gordon Day, Miguel Tapia, Janice Kluth, and Craig Ruiz. After review of the RFPs, the panel short-listed three teams for further consideration (see Attachment F). Interviews were scheduled and completed for the three teams on April 3, 2009. After deliberation, the panel recommended award to Yesco and proceeded to notify the second (FJouresco Lighting and Signs) and third (Ultrasigns Electrical Advertising) placing teams (see Attachment G). Subsequently, Ultrasigns Electrical Advertising filed a written protest regarding the selection process (see Attachment A). The contract award recommendation was pulled from the Council Agenda pending review of the matter. A Protest Hearing was conducted today, May 22, 2009. Mr. John Hadya, CEO and Mr. Ron Breen, Account Executive, represented Ultrasigns. David Miller, Deputy City Attorney, and Rick Hopkins, Director of Public Works presided. .. Jim Sandoval May 22, 2009 Page 2 CONCLUSIONS Ultrasigns highlighted three areas where they felt the RFP/selection process was mishandled by the City. I) In their written protest they asserted: "We feel that there are several indicators within the RFP guidelines, the three clarifications addendums and in the interview process that strongly suggest that a preferred design team and sign design was already pre-determined by City staff. The staff report again alludes to a pre-determined sign design and process." They restated this concern in the hearing and further complained that this pre- determination cost them tens of thousands of dollars in wasted efforts that could have been better spent on other endeavors. In post hearing deliberations, we reviewed the documents and interviewed two of the panel members and determined that in preparing the RFP, staff had sought information from the internet regarding display board sizes that were available. Daktronics, Inc., a manufacturer, had a display board size in their on-line catalogue that was used as a starting point for those bidding for the job to create tbeir proposals. Daktronics, Inc. was not used as the display source by tbe winning bidder; therefore, tbey bad no inberent advantage witb respect to any claimed proprietary design. Additionally, such information was freely available on the internet to any individual or firm seeking to source display boards. Finally, it appears that tbe Auto Park dealers had obtained a sample sign design from Graphic Solutions prior to this RFP process. In creating tbeir proposal, Ultrasigns used Graphic Solutions as their design team. Tbus, if any team had a competitive advantage, it would have been Ultrasigns, as tbeir designer bad previously consulted with tbe Auto Park dealers and would have bad a more thorougb understanding of what tbe Auto Park dealers were seeking in a sign. 2) "Throughout the Request for Proposal (RFP) there are inconsistent statements and referrals to the sections or attachments that are not applicable. The RFP appears to be copy and paste from other RFP's or SOQ's causing disjointed statements and misleading criteria that the respondent is to answer." Admittedly, tbe RFP had a numher of errors or gaps requiring clarifications. However, the addendum process and subsequent extensions to tbe RFP due date dealt effectively with these problems. Tbere were seven teams that ultimately submitted proposals with no other teams submitting protests or additional concerns. 3) In the Protest Hearing, Ultrasigns indicated that the interview scoring criteria did not consider "project cost" which should be a prominent factor in a team selection. They also felt that several of the scores were clearly erroneous and insulting when you consider the experience and accOI11plishments of the Ultrasigns team. Subsequent to tbe hearing, we reviewed tbe scoring criteria with two members of the selection panel. We find that "project cost" was a significant consideration in the initial scoring where the tbree finalist teams were short-listed from tbe original seveu (see Attachment F). As the three finalists all submitted bids within a range acceptable to tbe Jim Sandoval May 22,2009 Page 3 selection panel, the subsequent interview process focused on different and more subjective criteria (see Attachment G) to determine which team appeared to be a better "fit" to work with the City on the project. Though Ultrasigns received relatively low scores, which the U1trasigns team considered an insult, the panel members report that they believe that all three of the finalist teams were capable of performing the work. Ultimately, however, it was a unanimous decision that the Yesco team outshined the others during the interview process. SUMMARY OF FINDINGS The gaps and errors in the RFP are pointedly illustrated by the need for three addenda. It was cumbersome and inefficient, but in the end, is not a reason to reject the process. Project cost was an important criteria in the overall selection process, but was not the determinative factor in the final selection. We regret that there WaB a sense and/or suspicion of pre-detennination by at least one of the competing teams. However, we can find no basis supporting this notion and recommend proceeding with award to Yesco as recommended by the appointed Selection Panel. ATTACHMENTS A. Protest Letter B. Request for Proposal C. Addendum] D. Addendum 2 E. Addendum 3 F. Short Listing G. Finalists cc: Gordon Day; Project Manager Ron Breem, Ultrasigns ~1 MAY 26,2009 MAYOR COX CITY OF CHULA VISTA COUNCILMEMBER'S AL THOUGH I AM UNABLE TO ATTEND TONIGHT I WANTED TO EXPRESS MY OPINION OF THE AUTO PARK "READER BOARD" SIGN BIDDING PROCESS AND OUTCOME. THE DEALERS HAVE BEEN KEPT INFORMED AS TO THE PROGRESS AND OUTCOME OF THIS PROJECT FROM THE OUTSET WE WERE ABLE TO REVIEW AND COMMENT ON THE REQUEST FOR BID AND THE THREE RESPONSES THAT WERE RECEIVED. WE FELT THAT THIS WAS A VERY OPEN AND FAIRLY ADMINISTERED PROCESS. I DID NOT FEEL THAT THERE WAS ANY PRESSURE TO SELECT ONE BID OVER ANOTHER AND WE ARE SATISFIED WITH THE OUTCOME OF THE SELECTION PROCESS I CANNOT SPEAK ON BEHALF OF ALL OF THE DEALERS IN THE AUTO PARK, HOWEVER, I AM NOT AWARE OF ANYONE WHO FEELS DIFFERENTLY WE LOOK FORWARD TO MOVING FORWARD ON THE DESIGN AND INSTALLATION OF THE SIGN IN A TIMELY MANNER. WE ALL FEEL THAT IT WILL BE A GREAT ASSET FOR THE AUTO PARK AND FOR CHULA VISTA. DOUGLAS G. FULLER PRESIDENT FULLER FORDIHONDNKIA ,.' Of Many Communities, One Chula Vista CHUlA VISTA CIVIC ASSOCIATION BOARD OF DIRECTORS Ed Herrera President Russ Hall Vice President Christopher Altbaum SccretZlry & Treasurer Alicia McGinnis BOJrdmcmber Penny Vaughn Boarclmember Ga ry Tillman Boarclmember Isabelle Espino Boardmcmber Camille Cowlishaw Boardmcmber Derrick Dudley Boardmember Timothy Barnes Floardmembcr George Little Boardmcmber Yyonne Mayfield Boarclmcmber Brittney Sullivan Boardmember www.chulavistacivicassoclatlon.org May 26, 2009 Dear Honorable Mayor & Council, The Chula Vista Civic Association is dedicated to bridging divides, generations, and communities, to engage in constructive dialogue, empowering the present and future generations to move Chula Vista forward, together as one Chula Vista. Now, more then ever before in our city's history must we work together to bring reform to City Hall. In order to assist this Mayor & Council, the Chula Vista Civic Association has announced the "Reform Chula Vista" agenda comprised of responsible and feasible proposals that encourage fiscal responsibility, economic development and safeguard first responders in public safety. The road toward budget reform may be difficult but is not a lonely one. We stand ready to support our Mayor & City Council in its expedition of these proposals. On behalfofthe Chula Vista Civic Association and its Board of Directors, we respectfully ask for your due consideration and support for the proposals. Yours in service, ~ President Russ Hall Vice President Contact us: in fo@chulavistacivicassociation.org (w) 619 271 5214 \VWIN .chu I a vi stacivi cassoc i alion. Ofg Reform Chula Vista Agenda I May 26, 2009 . Public Safety Fir-st Responde,' Budget Protection Policy: The top Council policy priority must be the budget protection of emergency first responders that compose our public safety personnel. The Chula Vista Civic Association herein referred to as CVCA, believes that the quintessential core service of municipal government is the health and safety of its citizens. Should this Council decide to allocate money elsewhere, it would have established an irresp.onsible policy precedent that may in fact lead to harming the safety of the citizens. . 10% Salary Reduction for Mayor, Council, and Depal.tment Executives: We support the concept of reducing the salaries of the Mayor, Council, and top level executives of the City by a minimum of 10%. If the need arises based on revised budget gap projections, the reductions should be increased to 15% CVCA feels that the city's leadership needs to take the lead in demonstrating to city personnel that the budget crisis is being felt at even the highest levels of our city. . Budget Review Committee: CVCA supports the immediate establishment of a blue ribbon committee comprised of two Council Members and five citizens charged with performing a "line item" budget review. The citizens selected ought to be professionals with accounting, finance, and banking experience. The review should be completed in no more than 60 days. . Elimination of Auto and Cellular Phone Allowances: All city auto and cell phone allowances should be eliminated unless they have a proven need related to emergency first response activity. . Pension Reform: Between 2002 and 2007, the city's annual pension costs have increased unsustainably by 400%. The employee's share covered by the city has increased by 11 1%. ln total, annual pension costs have increased by 595%, and accounted for 8.8% of general fund expenditures. (SDCTA Jan 26.2009) The CVCA believes, given our devastating financial crisis, it is ever more crucial that Mayor & Council work now towards pension reform which directs City employees pay their fair share of their retirement in order to safeguard our city's future. . WV,,'W ;chu IJ.vistaciv'j cas~ociation,()l'g Reform Chula Vista Agenda I May 26, 2009 . Independent Review on Employee Ove.1ime: CVCA supports the Chula Vista Ta,payers Association's recommendation: The issue of overtime has become a key fiscal concern for Chula Vista. According to the Union Tribune, thanks to abundant overtime firefighters "are guaranteed $91,000 or more a year" This arrangement has been accepted by the city as a way to avoid the greater expense of hiring additional new firefighters. This policy may indeed provide a net savings to the public. However due diligence requires that this argument be verified by a hard nosed outside source. The city should seek out a qualified outside individual with a track record for ma,imizing the efficient use of public safety and other city staff This person should be empowered to take a critical look at our overtime and other personnel policies to see if the city is utilizing its employees and compensating them in a way that works in the best interest of ta,payers. Personnel Expenses: CVCA is concerned that over 80% of the General Fund is locked in recurring city personnel costs. We recommend that the Council, with the City Manager and Finance Director determine what percentage of the General Fund this city can truly afford with dedicated personnel costs. Should the target level be at 75%, 70% etc.? Costs should be inclusive of emergency first responders as a personnel priority. . Business Sh'eamlining: CVCA encourages this Council to work closely with the Chula Vista Chamber of Commerce to develop proposals that will streamline business permits, development processing, and approvals at all levels of City government. Council is encouraged to hold public hearing inviting business owners to share their nightmare experiences in dealing with city codes, regulations and development processes. . Economic Development Plan Implementation: The Economic Development Strategic Plan that was voted into Council policy as of March 2003 requires immediate due process by staff Council needs to review the document if they have not done so and require staff to provide quarterly progress updates on the implementation of economic development strategies outlined in the Economic Development Strategic Plan. , '.:1 Bi~' I;;i '. "j <', ,,;, f~. til ":li!jt' , <'!'''''',ll'?''r. 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