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HomeMy WebLinkAboutOrd 2013-3273 ORDII�'ANCE NO. 3273 ORDI?�'ANCE OF THE CITl' OF CHULA \%ISTA ESTABLISHING A PEDESTRIA\' BRIDGE DEVELOPA4EI�TT IMPACT FEE PROGRAM FOR THE EASTER�' URBAI�' CEt�'TER AND THE AREA OF BENEFIT VGHEREAS; the Conditions of Approval for the Ota�� Ranch Eastern Urban Center Tentative Subdivision Map (C.V.T. 09-03) require the establishment of a Development Impact Fee (DIF). or other funding mechanism to construct a pedestrian bridee that N�ill cross Easda}:e Pazkwa�� and will connect the Ota}� Ranch Millenia Eastem Urban Center (EUC) Project to Otav Ranch Villaee 11: and �\'HEREAS. land ���ithin Ota�� Ranch Millenia EUC will benefit from the installation of the Eastlake Pedestrian Bridge primaril�� due to: (a) location and proximity to the bridse: and (b) its ease of access to the bridee based on the trail confieuration: and WHEREAS, the"Millenia-Eastlake Park���av Pedestrian O��ercrossing Type Selection Report;" prepared by Simon �1'ona Engineerina, dated A9a}� 6; 2013 estimated that the construction of the Eastlake PazkH�av Pedestrian Bridee ���ould cost 52.808.41�.00: and �'HEREAS, the proposed EUC Pedestrian Bridge DIF (EUC PBDIF) Ordinance contained herein �rill fund �0% of the cost of the bridee. as the other �0% will be covered bv the Otav Ranch Villaee 11 Pedestrian Bridee DIF established bv Citv Ordinance No. 2003-2898: �,a ` ` - - WHEREAS, the methodology used to calculate the EUC PBDIF to co��er the cost of the Eastlake Park���a�� Pedestrian Bridee is esplained in the "Cit�� of Chula Vista Pedestrian Bridge De��elopment Impact Fee Report for Eastem Urban Center (EUC)," prepazed b�� De�elopment Planning �£ Financine Group, Inc, dated June 17, 2013; and WHEREAS, the Cit�� Council determined based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information recei��ed b�� the City Council in the course of the Public Hearine, that imposition of the EUC PBDIF on all development within the EUC is necessan- in order to protect the public health; safet�- and ���elfare and to ensure effective implementation of the City`s General Plan; and \'�rHEREAS. the Cirv Council has determined that the amount of the EUC PBDIF levied b}� this Ordinance does not exceed the cost of pro��idine the Eastlal:e Park��-a�� Pedestrian Bridge. NOI�'. THEREFORE. the Cirv Council of the Citv of Chula Vista does herebv ordain as follo���s: . - - Ordinance No. 3273 Paee 2 of l 1 Section 1. Environmental Review That the proposed activit�� ���as reviewed for compliance with the California Environmental Qualin� Act (CEQA) and the Cit�� Council has determined that the acti��ity is not a "Projecr' as defined under Section 1�378 of the State CEQA Guidelines; therefore; pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activiYy is not subject to CEQA. Not�-ithstanding the foregoing, the City Council has further determined that, pursuant to CEQA Guidelines Section's 15060(c)(2) and 15061(b)(3), there is also no possibiliry that the activity may ha��e a significant effect on the environment; therefore, the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental revie�� will be required prior to the appro��al of final design plans and the awarding of construction contracts for facilities funded through the Pedestrian Bridee DIF. Section 2. Acceptance of Report The City Council has reviewed tl�e proposed "City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Eastern Urban Center (�UC);' prepared by Development Planning & Financing Group, Inc., dated June 17, 2013 (the "Report"), and has accepted the Report by Resolution, in the form on file in the Office of the City Clerk. Section 3. Facilities The facilities (Facilities) to be financed by the EUC PBDIF relate to the construction of the Eastlake ParkH�ay Pedestrian Bridge, which are fully described in the Report. The City Council may modify or amend the list of projects herein considered to be paR of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development. Section 4. Territory to Which Fee is Applicable The area of the City of Chula Vista to which the EUC PBDIF applies to is defined in the Report as the Eastern Urban Center Area of Benefit (the "Area of Benefit"). The Area of Benefit is comprised by two separate o��merships, as sho«�n in Exhibit 2 of the RepoR and described as fol lows: : SLF IV/McMillin Millenia JV, LLC The Otay Ranch Millenia Project is a fully entitled Master Planned Communit}� with a ceRified Environmental Impact Report (EIR), approved Sectional Planning Area (SPA) Plan and Tentative Subdivision Map, along with a llevelopment A�reement and a Construction of Parks Agreement. Millenia is planned for 2,983 Multi-Famil�� residentia] units and 3.4 million square feet of commercial uses. i Otay Land Company, LLC Otay Ranch Village 9 has a portion of the property within the GUC. This property; estimated to be 22 acres, is ]ocated north of Hunte Parkti�ay and south of the Otay Ranch Millenia Project. This portion oP the EUC is planned for a maximum of 699 Multi-Family residential units and a 3.64-acre park. Otay Ranch Village 9 has received appro��al of General Plan and General Development Plan Amendments hich are needed for a project-specific SPA Plan. Ordinance No. 3273 Paee 3 of 11 Section 5. Purpose The purpose of this ordinance is to establish the EUC PBDIF in order to pro�ide the necessan� financina to construct the Facilities «ithin the Area of Benefit. Section 6. Establishment of Fee The methodolog�� used to calculate the EUC PBDIF is e�:plained in the Report In summary, the procedure tal:en is as follo�+�s: % Determinine the Cost of the Pedestrian Bridge: Based on the "�4illenia-Eastlal:e Park��-a�� Pedestrian Overcrossing T}�pe Selection Report," prepared b�� Simon �Vons Eneineerine. dated Ma�� 6, 20li, and made part of the "City of Chula Vista Pedestrian Bridee Development Impact Fee Report for Eastern Urban Center (EUC)" as Exhibit 4 of the abovementioned report. it H�as estimated that the construction of the bridge would cost �2.808.41�.00. % Determinine the Ota�� Ranch Village 11 Pedestrian Bridee Funds (\'illaQe 11 PBDIF) for the Construction of the Eastlake Park���a�� Pedestrian Bridee: As of A1a�� 9. 20li. the fund for the Villaee 11 PBDIF had allocated assets corresponding to the construction of the Eastlal:e Parkwav Pedestrian Bridee of $1.097.036.00. ��ith estimated additional funds of �32.011.00 to be collected at the issuance of the building permits for the remainins units �vithin Villaee 11. % Determining the Area of Benefit and the Population: The Area of Benefit is composed b}� the t�vo o��nerships within the EUC: SLF IV/I�4cMillin Miilenia JV; LLC (A4illenia Project) �i�ith 2,983 b4ulti-Famil�� D���elling Units, and Ota�� Land Company, LLC (Portion of Ota�� Ranch Villaee 9) ���ith 699 Multi-Famil�� D�aelline Units. The population ��ithin the Area of Benefit ���as estimated by usino the People per Household Factor (PPHF) of 2.61 people per A4ulti-Famil}� giving a total of 9,610 persons to be benefited b�� the construction of the bridae. > Determinina the EUC Pedestrian Bridse DIF: Eastlake Pedestrian Bridae Total Construction Cost �2.808.41�.00 Villase 11 PBDIF Funds Correspondine to the Construction �e�1.129,047.00) of the of the Easdake Pedestrian Bridse Remaining Cost of the Eastlal:e Pedestrian Bridge to be ��,679.367.00 Financed b�� the EUC � � Po ulation ���ithin Area of Benefit 9.610 ersons EUC Ped Bridse D[F er erson �174.7� - - EUG-Pedestriau B�idge DIF pec Single=Fami1}' Dwellmg ':- C6Ia13/SFD- : -Unifr - - _ • — , _ EUC Pedestrian Bndge DIF per,111u1t� Fam�l}•.Dwell�ng ? l `'�• Unrt'°,'�- - - x ,_.'_ = yS456.10�1FD; • I Single-Famih�Dwelline Unit= iS2 persons '" 1 Dlulti-Famil�• Dwellin�Unit=2.61 persons Ordinance �o. 3273 Paae 4 of 11 Section 7. Due on Issuance of Building Permit The EUC PBDIF shall be paid in cash upon the issuance of a residentia] building permit. Earh� payment is not pennitted. No building permit shall be issued for residential development projects located ��ithin the EUC Area of Benefit unless the developer has paid the EUC PBDIF imposed b}�this ordinance. Section 8. Determination of Equivalent Dwelling Units Residential land uses shall be converted to Equivalent Dwelling Units for the purpose of this fee based on the followi�g table: Land Use People per Household Equivalent Dwelling Units EDUs Single-Family 3.�2 1 "SFD" * Multi-Family 2.61 OJ4 "MFD")** *"Single-Family Dwellins�' shall mean a residential unit within a subdivision, planning area, or neighborhood with a net density of 8 units per acre or less as shown on the approved tentative map for said subdi��ision. **"Multi-Family Dwelling�' shall mean a residential unit within a subdivision, planning area or neighborhood ���ith a net density of greater than 8 units per acre as shown on the approved tentative map for said subdivision. Section 9. Time to Determine Amount Due; Advanced Payment Prohibited The EUC PBDIF for each developme��t shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building pennit plan eheck was conducted; or when application ���as made for the building permit. Section 10. Purpose and Use of Fee The purpose of the EUC PBDIF is to pay for the planning; design; construction, and/or financing (including the cost of interest and other fmancing costs as appropriate) of the Facilities, or reimbursement to the City or, at tl�e discretion of the City Manager or designee, if approved in advance and in �Titin�; to other third parties far advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the EUC PBDIF shall receive the advance consent of the City Manager and be used in a manner consistent with the purpose of the Development Impact Fee. Section 11. Amount of Fee; Establishing Master Fee Schedule The initia] EUC PBDIF shall be calculated at the rate of $615.13 per Sinale-Family Dwelling Unit (SFD), and $456.10 per Multi-Family Dwelling Unit (MFD). Chapter 16 — Development & In-Lieu Fees of the Master Fee Schedule is hereby amended to add the "Eastern Urban Center Pedestrian Bridge Development Impact Fee," under the "Pedestrian Bridee DIF" Section. The additional lan,uage shall read as follows: Ordinance No. 32T Paee � of 11 Eastem Urban Center Pedestrian Bridae De��elooment Imvact Fee (EUC PBDIF): Applicable: Eastem Urban Center (EUC): (1) Otay Ranch Millenia Project; and (2) Portion of Ota� Ranch Villaee 9 delimited to the north b} the Otav Ranch Millenia Project and to the south bv Hunte Park���a�� Sinsle Famil��, per D��elling Unit (DU) .........................................�61�.13 Multi Famih�, Per D���ellino Unit (DU) ..........................................�4�6.10 Section 12. Authorih� for Accounting and Espenditures The proceeds collected from the imposition of the EUC PBDIF shall be deposited into a public facilit}�-financine fund (`Eastem Urban Center Pedestrian Bridge De��elopment Impact Fee Fund," or altemati��el�� herein `Fund"), ���hich is herebv created and shall be eipended onh� for the purposes set fonh in this ordinance. The Director of Finance is authorized to establish various accounts ��ithin the Fund for Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance ���ith the Facilities Phasine Plan as specified in CVMC 19.09.0�0. or Capital Impro��ement Plan adopted bv the Citv Council. Section 13. Findines The City Council hereby makes the follo���ine findings: A. The establishment of the EUC PBDIF is necessary to protect the public health; safety and �ti�elfare and to ensure the effecti��e implementation of the Cit�-'s General Plan. B. The EUC PBDIF is necessan� to ensure that funds will be available for the construction of the Facilities concurrent ���ith the need for these Facilities and to ensure certaint�� in the capital facilities budeeting for gro«th-impacted public facilities. C. The amount of the fee levied b�� this ordinance does not exceed the estimated cost of providing the Facilities for ���hich the fee is collected. D. I�'e��� de��elopment projects ��ithin the Area of Benefit «ill 2enerate a sionificant amount of pedestrian traffic that the current pedestrian facilities cannot sen�ice; therefore construction of the Facilities ��•ill be needed to sen ice ne���de��elopment projects. Section 1�. Impact Fee Additional to other Fees and Charges The EUC PBDIF established b}� this Section is in addition to the requirements imposed b�� other Cit�� la���s. policies. or reoulations relating to the construction or the financine of the construction of public impro��ements �i�ithin subdi��isions or developments. Ordinance No. 3273 Pa_e 6 of I] SecHon 15. Mandaton' Construction of a Portion o( the Facilities; Duty to Tender Reimbursement Offer Whenever a developer is required as a condition of approval of a development permit to construct or cause the construction of the Facilities or a portion thereo£ the Ciry may require the de��eloper to install the Facilities according to design specifications approved by the Cit}� and in the size or capacity necessary to accommodate estimated pedestrian traffic as indicated in the Report and subsequent amendments. If such a requirement is imposed, the City shall offer; at the Citv's option, to reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the EUC PBDIF levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this ordinance, for the design and construction of the Facilit}� not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the EUC PBDIF. The City may update the EUC PBDIF calculation, as City deems appropriate prior to making such offer. This duty to offer to give credit or reimbursement shall be independent of the developers obli�ation to pay the EUC PBDIF. Section 16. Voluntary Construction oT a Portion of the Facilities; Duty of City to Tender Reimbursement Offer If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the execution of a development project within the Area of Benefit. the City ma��, as part of a ti�ritten agreement, reimburse the developer from the Fund either in cash or o��er time as Fees are collected, or give a credit against the EUC PBDIF levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that eaceeds their contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of the particular Facility as included in the calculation and updating of the EUC PBDIF and in an amount agreed to in ad��ance of their expenditure in writing by the City. The City may update the EUC PBDIF calculation, as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obli�ation to pay the EUC PBDIF. Section 17. Procedure for Entitlement to Reimbursement Offer The City's duty to extend a reimbursement offer to a developer pursuant to Section 15 of 16 above, shall be conditioned on the developer complying with the following terms and conditions: a. Written authorization shall be requested by the developer from the City and issued by the City Manager by ���ritten authorization before developer may incur any costs eligible for reimbursement relating to the construction of the Facilities, excluding any work attributablc to a specific subdivision project. b. The request for authorization sl�all contain lhe following information: (1) Detailed description of the work to be conducted by the developer N�ith the preliminar�� cost estimate. Ordinance No. 3273 Page 7 of 11 c If the Citv A4anaeer erants authorization. it shall be bv �rritten aereement with the De��eloper on the follo«ing conditions and on an�� additional conditions as the Cin� �4anaeer ma�� impose: (1) Developer shall prepare all plans and specification and submit same to the Cin� Manaser for appro��al; (Z) Developer shall secure and dedicate an�� rieht-of-�i�a�� required for the impro�ement ���ork; (3) Developer shall secure all required permits and environmental clearances necessan� for construction of the improvement; (4) Developer shall pro�ide performance bonds in a form and �i�ith a suret�� satisfacton� to the Cin A4anaeer: (5) Developer shall pa�� all City fees and costs; (6) Developer shall defend. indemnif��, protect and hold harmless the City. its elected and appointed officers. aeents. emplo��ees, and volunteers (`Indemnitees ') from and aeainst am� and all claims. demands. causes of action, costs. expenses; liabilit��, loss, damage or injun�, in la�v or equity, to property or persons: includine wronsful death. in anv manner arisins out of or incident ro an�� alleeed acts. omissions, ❑egligence, or ��illful misconduct of Developer, its officials, officers, employees. aeents, and contractors ("Indemnitors"). associated �i-ith the impro��ements. This indemnit�� pro��ision does not include an�� daims. damaees. liability, costs and espenses (includine �+�ithout limitations, attome��s fees) arisine from the sole neelieence or sole ��illful misconduct of the Indemnitees. Also co��ered under the indemnitv oblisations is liabilin� arisina from. connected ��°ith. caused bv or claimed to be caused b}� the active or passi��e neelisent acts or omissions of the Indemnitees; ���hich may be in combination ���ith the acti��e or passive neelieent acts or omissions of the Indemnitors; (7) The Developer shall ad��ance all necessar�� funds for the improvements, induding the costs for the desien and construction of the Facilities. The Cit�� �vill not be responsible for an} of the costs of constructine the Facilities; (8) The Developer shall secure at least three (3) qualified bids for ���ork to be done. The construction contract shall be granted to the lowest qualified bidder. Anv claims for additional pa��ment for extra �ti�ork or chazees durine construction shall be justified and shall be documented to the satisfaction of the Director of Public \�'orks: Ordinance No. 3273 Paee 8 of 11 (9) The developer shall provide a det�ailed cost estimate, which itemizes those costs of the construction attributable to the improvements. Soils rngineering shall be limited to 7.5 percent of the projected cost, Civil Engineering shall be limited to 7S percent of the hard cost; and landscape architecture shall be limited to 2 percent of the landscaping cost The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Facilities; (10) The agreement may instruct tl�at upon determination of satisfacton� incremental completion of the Facilities, as approved and certified by the Public Works Director. the Cit}� may pay the developer progress pa}�ments in an amount not to eaceed 7� percent of the estimated cost of the construction completed ro the time of the progress payinent, but shall provide in such case for the retention of 25 peroent of such costs until issuance by the City Manager of a I�'otice of Completion; (ll) The agreement may provide that any funds owed to the Developer as reimbursements may be applied to the Developers obligation to pay the EUC PBDIF for building permits to be applied for in the future; (12) When all work has been completed to the satisfaction of the City Manager, the Developer shall submit verification of payments made for the construction of the Facilities to the Citv. The Director of Public Works shall make the final determination on eapenditures whicb are eligible for reimbursement; (13) Afier the Public Works Director has made final determination of expenditures eligible for reimbursement, the parties may agree to offset the Developer's duty to pay the GUC PBDIF required by this ordinance against the City`s duty to reimburse the de��eloper; (74) Afier offset, if any funds are due the Developer under this section, the City Manager may at its option, reimburse the Developer from the Fund either in cash or over time as fees are collected, or give a credit against the EUC PBD1F levied by this ordinance or some combination thereof, in the amount of the costs incurred by the De��eloper that exceeds their required contribution to such Facilities as required by this ordinance, for the desi�n and construction of the Facility not to eaceed the estimated cost of that particular Facility as induded in the calculation and updating of the EUC PBDIF and in an amount agreed to in advance oFtheir expendimre in writing by the City Manager; (1�) A Developer may transfer a credit against tbe EUC PBDIF to another Developer �vith the written approval of the Director of Public Works, at his/her so]e discretion. Ordinance \'o. 3273 Pase 9 of 11 Section 18. Procedure for Fee Alodification Am� Developer ��ho. because of the nature or tvpe of uses proposed for a development project, contends that application of the EUC PBDIF imposed b� this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development. ma� apph to the Cih Council for a waiver or modification of the EUC PBDIF or the manner in which it is calculated. The application shall be made in «ritine and filed ���ith the Citv Clerk no later than ten (10) days afrer notice is vi��en of the public hearine on the de��elopment permit application for the project, or if no de��elopment permit is required. at the time of the filine of the buildins permit application. The application shall state in detail the facmal basis for the claim of���ai�er or modification, and shall pro��ide eneineering and accountine report showins the overall impact on the EUC PBDIF and the abilit�� of the Cit}� to complete construction of the Facilities b� mal:ing the modification requested b�� the applicant. The City Council shall mal:e reasonable efforts to consider the application «�ithin sixty (60) days afrer its filins. The decision of the City Council shall be final. The procedure pro��ided by this section is additional to am� other procedure authorized bv 1a�3� for protection or challen�ing the EUC PBDIF imposed by this ordinance. Section 19. Fee Applicable to Public Agencies Development projects by public aeencies, includine schools, shall be esempt from pro�isions ofthe EUC PBDIF. Section 20. Assessment District If any assessment, communit}� facilities district or special ta�ing district is established to desi�n, construct and pay for anv or all of the Facilities (`�1'ork Altemati��eh• Financed"), the o�rner or De��eloper of a project ma}� appl�� to the City Council for reimbursement from the Fund or a credit in an amount equal to that portion of the cost included in the calculation of the EUC PBDIF attributable to the Work Altemativel�• Financed. [n this reeard, the amount of the reimbursement shall be based on the costs included in the Report; as amended from time to time, and therefore. ��ill not include am� ponion of the financing costs associated �vith the formation of the assessment or other special ta�ins district. Sectiou 21. Ecpiratiou of this Ordinance This ordinance shall be of no further force and effect ���hen the Citv Council determines that the amount of EliC PBDIF �vhich has been collected reaches an amount equal to the cost of the Facilities. Sectiou 22. Time Limit for Judicial Action An� judicial action or proceedin, to attack. revie�v. set aside. ��oid or annul this ordinance, or its application, shall be brou2ht «�ithin the time periods as established bv Go��emment Code Section's 66020(d)(1) and 66022 as applicable. Section 23. Other Not Previouslv Defined Terms For the purpose of this ordinance, the follo�vine words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meanine is intended. (a) "Buildina Permir' means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by tbe City. Ordinance No. 3273 Page ]0 of 11 (b) "Developer' or `ONmer�` means the o�mer of Property, which is the subject of this Agreement, anyone authorized to act on behalf of the owner of the Property, and any and all of owner`s successors in interest, whether individual, partnership, corporation, or other entity such as a Home O�nmers' Association, regardless of the manner of transfer. including purchase, de��ise, or gift. (c) "Development Project�` or "Development" means any activiry described in Section 66000 of the State Go�-ernment Code. Section 24. Severabilih� If any portion of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional; by a court of competent jurisdiction; that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionalih� shall not affect the validity or enforceability of the remaining portions of the ordinance; or its application to any other person or circumstance. The City Council of the Cit�� of Chula Vista hereby declazes that it would ha��e adopted each section, sentence, clause or plvase of this ordinance, irrespecti�-e of the fact that any one or more other sections. sentences; dauses or phrases of the ordinance be declared invalid, unenforceable or unconstitutional. Section 25. Construction The City Council of the City of Chula Vista intends this ordinance to supplement; not to duplicate or contradict; applicable state and federal law and this ordinance shall be construed in light of that intent. Section 26. Effective Date This Ordinance shall take effect and be in force on the thirtieth day afrer its final passage. Section 27. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presente Approved as to Form by � � . Kelly . roughton, FASLA GI n R. , obins Development Ser��ices Director City rney Ordinance ?�'o. 32 i3 Pase 11 of 11 P.ASSED. APPROVED. and ADOPTED b�� the Cin� Council of the Cit�� of Chula Vista. Califomia this lith dav of.Aueust 2013. bv the follo��ins vote: AYES: Councilmembers: Bensoussan. Ramirez. Salas and Cos N.AYS: Councilmembers: None .ABSENT: Councilmembers: Aeuilar Chen�l Co�. 9 ��or ATTEST: , c.t,�� o/�� Donna R. I�'orris. D9C. Citv Clerk STATE OF CALIFORNIA ) COUI�'TY OF SAN DIEGO ) CITY OF CHULA VISTA ) I. Donna R. Noms. Cin� Clerk of Chula Vista. Califomia, do hereb�� certifi� that the foresoins Ordinance No. 3273 had its first readine at a reeulaz meetins held on the 6th da�� of Aueust 2013 and its second readine and adoption at�a regular meetine of said Citv Council•held on the lith day of Ausust 20li; and ���as duly published in summan� form in accordance ��ith the requirements of state la�i and the Cit�� Charter. Ct'c�ruc�r 2q, 2�,3 /���,�,a�, �l o,h,C�l Dated Donna R. Norri�. CA4C. Citv Clerk