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2014-01-07 Agenda Packet
I deciare under penalty of perjury;hat I am employed by the City of Chula Vista in the �`�r� CI�/ Of Cf'1U�8 VISt�ffice of the City Clerk and that I posted ?his ,r document on the bulletin board according to � Brown Act requirements. �AO�A Agenda Dated I 3 l Signed�l-�� Cheryl Cox, Mayor Patricia Aguilar, Councilmember James D. Sandoval, Ciry Manager Pamela Bensoussan, Councilmember Glen R. Googins, CityAttorney Rudy Ramirez, Councilmember ponna R. Norris, City Clerk Mary Salas, Councilmember Tuesday, January 7, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A - - Chula Vista, CA 91910 REGULAR MEETINGS OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA REVISED AGENDA CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE . CONSENT CALENDAR The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the publrc, 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. 1. 13-0216 APPROVAL OF MINUTES of November 19, 2013. StaNRecommendation: COUf1Cl� Bpp�OV2 th2 fT11f1Ut8S. City o/Chala Visfa Page 1 Pnnted on f/3l1014 City Council Agenda January 7,2014 2. 13-0199 ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT (FORM BASED CODE) REGULATIONS FOR OTAY RANCH VILLAGE EIGHT WEST (SECOND READING AND ADOPTION) Department: Development Services Department Staff Recommendation: Council adopt the ordinance. Attachments: Ordinance 3. 13-0200 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 5.36.135 OF THE CHULA VISTA MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF MASSAGE AND HOLISTIC HEALTH ESTABLISHMENT LICENSE ANNUAL RENEWAL FEES AND AMENDING SECTION 5.36.190 TO REQUIRE PAYMENT OF NEW APPLICATION FEES FOLLOWING CHANGE OF LOCATION OF A MASSAGE ESTABLISHMENT(SECOND READING AND ADOPTION) Department: Police Department Staff Recommendation: Council adopt the ordinance. Attachments: Ordinance 4. 13-0201 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 5.28.010 OF THE CHULA VISTA MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF FIREARMS DEALER LICENSE ANNUAL FEES AND SECTION 5.28.015 TO REQUIRE ANNUAL INSPECTIONS OF FIREARMS DEALERS BY THE POLICE DEPARTMENT (SECOND READING AND ADOPTION) Department: Police Department Staff Recommendation: Council adopt the ordinance. Attachments: Ordinance 5. 13-0202 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 9.12.160 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO BINGO LICENSE APPLICATION FEE REFUNDS (SECOND READING AND ADOPTION) Department: Finance Department Staff Recommendation: Council adopt the ordinance. Attachments: Ordinance City of Chula Vista Page 2 Printed on 11312014 2014-01-07 Agenda Packet Page#2 City Council Agenda January 7,2014 6. 13-0203 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 5.38.030 OF THE CHULA VISTA MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF PAWNBROKER, SECONDHAND AND JUNK STORE DEALER LICENSE BIENNIAL RENEWAL FEES AND SECTION 5.38.120 TO AUTHORIZE THE COLLECTION OF PAWNSHOP EMPLOYEE IDENTIFICATION CARD ANNUAL RENEWAL FEES (SECOND READING AND ADOPTION) Department: Police Department Staff Recommendation: Council adopt the ordinance. Attachments: Ordinance 7. 13-0204 ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER 5.14 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ART FIGURE STUDIOS (SECOND READING AND ADOPTION) Department: Police Department Staff Recommendation: Council adopt the ordinance. Attachments: Ordinance 8. 13-0194 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING UP TO $172687400 OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 6 GRANT Department: Public Works Department Staff Recommendation: Council adopt the resolution. Attachments: Attachment 1 Attachment 2 Attachment 3 Attachment 4 Resolution. City of Chula Vista Page 3 Printed on 11312014 2014-01-07 Agenda Packet Page#3 City Council Agenda January 7,2014 9. 13-0229 A. CONSIDERATION AND ACCEPTANCE OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2013 B. RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2012-13 BY$1007000 (4/5 VOTE REQUIRED) Department: Finance Department Staff Recommendation: Council accept the report and Agency adopt the resolution. Attachments: Resolution g Financial Statement for fiscal 10. 14-0002 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STRADLING YOCCA CARLSON AND RAUTH PC FOR ATTORNEY SERVICES RELATED TO TRANSACTIONAL WORK FOR THE IMPLEMENTATION OF THE UNIVERSITY PARK AND INNOVATION DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NORTON MOORE AND ADAMS FOR ATTORNEY SERVICES RELATED TO THE PREPARATION OF LAND USE IMPLEMENTATION AND ENVIRONMENTAL DOCUMENTS FOR THE UNIVERSITY PARK AND INNOVATION DISTRICT Department: City Attorney Staff Recommendation: Council adopt the resolutions. Attachments: A-weement Moore Final Stradlipg Final Resolution it I Resolution l Final ITEMS REMOVED FROM THE CONSENT CALENDAR 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. City of Chula Vista Page 4 Printed on 11312014 2014-01-07 Agenda Packet Page#4 City Council Agenda January 7,2014 ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 11. 13-0190 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN EACH IMPROVEMENT AREA THEREIN TO FINANCE CERTAIN SERVICES AND SETTING THE PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) Department: Public Works Department Staff Recommendation: Council adopt the resolutions. Attachments: ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 5 RESOLUTION A RESOLUTION B Exhibit C to RESOLUTION B RESOLUTION C City of Chula Vista Page 5 Printed on 11312014 2014-01-07 Agenda Packet Page#5 City Council Agenda January 7,2014 12. 13-0195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ACCEPTING THE PROGRESS REPORT ON CLIMATE ACTION PLAN IMPLEMENTATION, (2) ACCEPTING THE 2012 GREENHOUSE GAS EMISSIONS INVENTORY REPORT, AND (3) DIRECTING THE CITY'S CLIMATE CHANGE WORKING GROUP TO DEVELOP RECOMMENDATIONS AS OUTLINED IN THE CLIMATE ACTION PLAN UPDATE ROADMAP FOR FUTURE COUNCIL CONSIDERATION Department: Public Works Department Staff Recommendation: Council adopt the resolution. Attachments: RESOLUTION EXHIBIT A-CAP November EXHIBIT B-2012 GHG Emissions v y CITY MANAGER'S REPORTS MAYOR'S REPORTS 13. 13-0196 APPOINTMENT OF CITY COUNCILMEMBERS TO OUTSIDE AGENCIES: - Chula Vista Veterans Home Support Foundation -Member - Chula Vista Veterans Home Support Foundation - Alternate - International Council for Local Environmental Initiatives(ICLEI)- Environmental Lead - International Council for Local Environmental Initiatives(ICLEI)-Alternate - League of California Cities, San Diego Division-Member - League of California Cities, San Diego Division-Alternate - Metropolitan Transit System Board of Directors (MTS)-Member - Metropolitan Transit System Board of Directors (MTS)-Alternate - Metropolitan Wastewater Commission (Metro)-Member - Metropolitan Wastewater Commission (Metro)-Alternate - Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager(POM)-Member - Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager(POM)-Alternate - San Diego Association of Governments (SANDAL) Bayshore Bikeway Committee - South County Economic Development Council (EDC)-Member - South County Economic Development Council (EDC)-Alternate Attachments: Memorandum COUNCILMEMBERS' COMMENTS City of Chula Vista Page 6 Printed on 11312014 2014-01-07 Agenda Packet Page#6 City Council Agenda January 7,2014 ADJOURNMENT to the City Council Workshop on January 9, 2014, at 4:00 p.m., in the Police Department Community Room. 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 A, 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(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. City of Chula Vista Page 7 Printed on 11312014 2014-01-07 Agenda Packet Page#7 M City of Chula Vista C,1111,16R,� STA, Legislation Text File #: 13-0216, Version: 1 APPROVAL OF MINUTES of November 19, 2013. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 1/2/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page#8 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL AND A SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA November 19, 2013 2:00 p.m. A Regular Meeting of the City Council and Special Meeting of the Successor Agency to the Redevelopment Agency of the City of Chula Vista were called to order at 2:06 p.m. in the Community Room, located in the in the Council Chambers, located in City Fall, 276 Fourth Avenue, Chula Vista. ROLL CALL PRESENT: Councilmembers Aguilar (arrived at 2:06 p.m.), Bensoussan (arrived at 3:11 p.m.), Ramirez and Salas, and Mayor Cox ABSENT: None ALSO PRESENT: Assistant City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Mayor Cox paid tribute to President John F. Kennedy and led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY • OATHS OF OFFICE Board o Libraly Trustees: Charter Review: Safety Commission: William Canedo Mike Spethman Ronald Hidinger Stephen Kalaluhi City Clerk Norris administered the Oath of Office to Commissioners Canedo, Kalaluhi, Spethman, and Hidinger, and Councilmember Ramirez presented them with certificates of appointment. • INTRODUCTION BY MARIYA ANTON, ANIMAL CARE FACILITY ADMINISTRATOR, OF EMPLOYEE OF THE MONTH EILEEN HOWARD, ANIMAL CARE ASSISTANT Animal Care Facility Administrator Anton introduced employee of the month, Animal Care Assistant Howard. Mayor Cox read the proclamation and Councilmember Aguilar presented it to Ms. Howard. Page 1 I Council Minutes November 19,2013 2014-01-07 Agenda Packet Page#9 DRAFT • RECOGNITION OF VETERANS ELEMENTARY SCHOOL FIFTH GRADERS MIKAELA GONZALEZ AND KATIE RUST, WINNERS OF THE LADIES AUXILIARY, MILITARY ORDER OF THE PURPLE HEART, UNIT 49 AND CHULA VISTA MARINE CORPS LEAGUE DETACHMENT 1207'S CHULA VISTA ELEMENTARY SCHOOL DISTRICT'S ANNUAL FIFTH GRADE ESSAY CONTEST: "WHY IT'S IMPORTANT TO THANK OUR VETERANS" Miss Gonzales and Miss Rust read their award-winning essays titled "Why It's Important to Thank Our Veterans." • PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT AGENT MANNY MENDOZA COMMENDING HIM ON 24 YEARS OF SERVICE TO THE CITY OF CHULA VISTA Police Chief Bejarano recognized Agent Mendoza for 24 years of service to the City of Chula Vista. Mayor Cox read the proclamation and Councilmember Salas presented it to Mr. Mendoza. • PRESENTATION OF A PROCLAMATION TO STEVEN "SHAYON" THOMAS- WELCH IN RECOGNITION FOR HIS ACTS OF COURAGE FOLLOWING A TRAFFIC ACCIDENT Deputy Fire Chief Davidson recognized Steven Thomas-Welch for his courage following a traffic accident. Mayor Cox read the proclamation and Councilmember Ramirez presented it to Mr. Thomas-Welch. • UPDATE ON CITY NOW, THE CITY'S CONTINUOUS IMPROVEMENT PROGRAM Administrative Services Manager Chew presented an update on City Now and provided examples of continuous improvement projects in the City, as well as efforts to train additional staff members. Accountant Apar presented a continuous improvement project completed in the Finance Department. Assistant to the City Manager Mills recognized current trainees and announced the recent production of City Now-branded shirts to further raise awareness of the program. CONSENT CALENDAR (Items 1-15) Item 4 was removed from the Consent Calendar at the request of Councilmember Ramirez. 1. APPROVAL OF MINUTES of October 15 and 16, 2013. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Pat Moriarty, Safety Commission. B. Letter of resignation from Russ Hall, Growth Management Oversight Commission. C. Resignation from Marshall "Dawes" Hamilt, Housing Advisory Commission. Recommendation: Council accept the resignations. Page 2 1 Council Minutes November 19,2013 2014-01-07 Agenda Packet Page#10 DRAFT 3. ORDINANCE NO. 3278 OF THE CITY OF CHULA VISTA AMENDING AND RESTATING IN ITS ENTIRETY CHULA VISTA MUNICIPAL CODE CHAPTER 9.06, SECURITY ALARM SYSTEMS, WITH THE NEW TITLE "SECURITY ALARMS" (SECOND READING AND ADOPTION — This ordinance was introduced 5/28/13) (Police Chief) Staff recommendation: Council adopt the ordinance. 4. Item removed from the Consent Calendar. 5. ORDINANCE NO. 3280 OF THE CITY OF CHULA VISTA AMENDING CITY OF CHULA VISTA ORDINANCE TO EXTEND THE TERM OF THE FEE DEFERRAL PROGRAM WHICH ALLOWS FOR CERTAIN DEVELOPMENT FEES TO BE PAID PRIOR TO BUILDING PERMIT FINAL INSPECTION INSTEAD OF AT BUILDING PERMIT ISSUANCE (SECOND READING AND ADOPTION) (Director of Development Services) Staff recommendation: Council adopt the ordinance. 6. ORDINANCE NO. 3281 OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 8.24.180 — PAYMENT OF SOLID WASTE COLLECTION CHARGES (SECOND READING AND ADOPTION) (Director of Public Works) Staff recommendation: Council adopt the ordinance. 7. ORDINANCE NO. 3282 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 12.24.130 RELATING TO THE INSTALLATION OF PUBLIC IMPROVEMENTS — DEFERRAL OF REQUIREMENTS (SECOND READING AND ADOPTION) (Director of Public Works) Staff recommendation: Council adopt the ordinance. 8. RESOLUTION NO. 2013-235 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROPRIATE FIRE DEPARTMENT ALS START UP FUNDS AND TO TRANSFER FUNDS BETWEEN CATEGORIES WITHIN THE FIRE DEPARTMENT AND TO TRANSFER FUNDS BETWEEN CATEGORIES WITHIN THE ADVANCED LIFE SUPPORT FUND TO PROVIDE FOR PARAMEDIC TRAINING PROGRAM COSTS (4/5 VOTE REQUIRED) (Fire Chief) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2013-236 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $150,008 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE STATE HOMELAND SECURITY PROGRAM (4/5 VOTE REQUIRED) (Police Chief) Staff recommendation: Council adopt the resolution. Page 3 Council Minutes November 19,2013 2014-01-07 Agenda Packet Page#11 DRAFT 10. RESOLUTION NO. 2013-237 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADDITION OF TWO COMMUNITY SERVICE OFFICERS TO THE AUTHORIZED POSITION COUNT FOR THE POLICE DEPARTMENT (Police Chief) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2013-238 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "SEWER REHABILITATION PROGRAM, FISCAL YEAR 2011/2012 AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (SW271)" PROJECT TO BLUE PACIFIC ENGINEERING & CONSTRUCTION OF SAN DIEGO, CALIFORNIA IN THE AMOUNT OF $410,350, WAIVING CITY COUNCIL POLICY NO. 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $60,000 (Director of Public Works) Staff recommendation: Council adopt the resolution. 12. A. RESOLUTION NO. 2013-239 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT TO PROVIDE ASSET MANAGEMENT INVENTORY AND CONDITION ASSESSMENT CONSULTANT SERVICES BETWEEN THE CITY AND GHD INC. AND APPROPRIATING $55,000 TO THE PUBLIC WORKS DEPARTMENT FUNDED BY SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) FUNDS FOR STREET SIGN REFLECTIVITY MEASUREMENT SERVICES (4/5 VOTE REQUIRED) (Director of Public Works) B. RESOLUTION NO. 2013-240 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT TO PROVIDE ASSET MANAGEMENT INVENTORY AND CONDITION ASSESSMENT CONSULTANT SERVICES BETWEEN THE CITY AND WEST COAST ARBORISTS, INC. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 13. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.06 OF THE CHULA VISTA MUNICIPAL CODE, ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES (FIRST READING) (Director of Development Services and Fire Chief) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2013 EDITION (FIRST READING) (Director of Development Services and Fire Chief) Page 4 1 Council Minutes November 19,2013 2014-01-07 Agenda Packet Page#12 DRAFT C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.09 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2013 EDITION (FIRST READING) (Director of Development Services and Fire Chief) D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2013 EDITION (FIRST READING) (Director of Development Services and Fire Chief) E. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.12 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2013 EDITION (FIRST READING) (Director of Development Services and Fire Chief) F. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2013 EDITION (FIRST READING) (Director of Development Services and Fire Chief) G. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2013 EDITION (FIRST READING) (Director of Development Services and Fire Chief) H. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE, 2013 EDITION (FIRST READING) (Director of Development Services and Fire Chief) I. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2013 EDITION (FIRST READING) (Director of Development Services and Fire Chief) J. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 2013 EDITION (FIRST READING) (Director of Development Services and Fire Chief) Staff recommendation: Council place the ordinances on first reading. 14. RESOLUTION NO. 2013-241 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR DESIGNATION OF A CHULA VISTA PROMISE ZONE FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND, IF SELECTED, TO AUTHORIZE THE DIRECTOR OF DEVELOPMENT SERVICES OR HIS DESIGNEE TO EXECUTE ANY NECESSARY OR REQUIRED DOCUMENTS TO SECURE SAID DESIGNATION (Director of Development Services) Staff recommendation: Council adopt the resolution. Page 5 Council Minutes November 19,2013 2014-01-07 Agenda Packet Page#13 DRAFT 15. RESOLUTION NO. 2013-242 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEASE FOR ADDITIONAL SPACE FOR THE OTAY RANCID BRANCH LIBRARY LOCATED AT OTAY RANCID TOWN CENTER AND APPROPRIATING $1101000 TO THE CALIFORNIA LIBRARY SERVICES ACT FUND (4/5 VOTE REQUIRED) (Director of Library) Staff recommendation: Council adopt the resolution. ACTION: Mayor Cox moved to approve staff's recommendations and offered Consent Calendar Items 1 through 3 and 5 through 15, headings read, text waived. Councilmember Ramirez seconded the motion, and it carried by the following vote: Yes: 4—Aguilar, Ramirez, Salas, and Cox No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR 4. ORDINANCE NO. 3279 OF THE CITY OF CHULA VISTA AMENDING CERTAIN SECTIONS OF TITLE 19 (ZONING ORDINANCE) OF THE CHULA VISTA MUNICIPAL CODE ESTABLISHING REQUIREMENTS AND REGULATIONS FOR THE SITING OF ELECTRICAL GENERATING FACILITIES WITHIN THE CITY OF CHULA VISTA (SECOND READING AND ADOPTION) (Director of Development Services) Staff recommendation: Council adopt the ordinance. ACTION: Mayor Cox moved to adopt Ordinance No. 3279, heading read, text waived. Councilmember Salas seconded the motion, and it carried by the following vote: Yes: 3 —Aguilar, Salas, and Cox No: 1 —Ramirez Abstain: 0 PUBLIC COMMENTS Terri Wyatt, San Diego resident, introduced herself to the Council and stated she would be running for District Attorney in June 2014. Jason Paguio, representing the Parade Band Foundation, thanked the City for its support of the recent parade at Otay Ranch Town Center. Steve Padilla and John Moot, both representing Inland Berg LLC, spoke in support of the relocation of the South Bay power substation and asked the Council to support a petition to modify the project to support a complete undergrounding of the substation components. Page 6 1 Council Minutes November 19,2013 2014-01-07 Agenda Packet Page#14 DRAFT PUBLIC HEARINGS 16. CONSIDERATION OF AMENDING A ZONING MAP TO REZONE TWO PARCELS TO A MIXED-USE ZONE AND APPROVING A TENTATIVE MAP AND DESIGN REVIEW PERMIT (Director of Development Services) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Senior Project Coordinator Kluth presented information on the item and staff s recommendation. Mayor Cox opened the public hearing. The following members of the public spoke in support of staff s recommendation: • Mike Spethman, Chula Vista resident • Daniel Rosenberg, representing Mountain West/Urbana • Deacon Greg Smyth, representing the Third Avenue Village Association(TAVA) • Kevin O'Neill, Chula Vista resident • Luanne Hulsizer, representing the Third Avenue Village Association (TAVA) The following members of the public spoke in opposition to staff s recommendation: • Julia Keys, Chula Vista resident • Jerry Thomas, Chula Vista resident There being no further members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor Bensoussan moved to place the following ordinance on first reading and adopt the following Resolution Nos. 2013-243 and 2013-244, headings read, text waived. Councilmember Salas seconded the motion, and it carried by the following vote: Yes: 5 —Aguilar, Bensoussan, Ramirez, Salas, and Cox No: 0 Abstain: 0 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY CHULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO REZONE TWO (2) PARCELS, TOTALING 0.38 ACRES, LOCATED ON THE NORTH SIDE OF ALVARADO STREET, FROM A MULTI-FAMILY RESIDENTIAL ZONE (R-3) TO A MIXED-USE ZONE (UC- 1) (FIRST READING) B. RESOLUTION NO. 2013-243 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN REVIEW PERMIT SUBJECT TO THE CONDITIONS CONTAINED HEREIN FOR THE COLONY MIXED-USE PROJECT IN THE UC-1 ZONE OF THE URBAN CORE SPECIFIC PLAN AREA, CONSISTING OF 162 RESIDENTIAL UNITS AND 31000 SQUARE- FEET OF COMMERCIAL SPACE ON APPROXIMATELY 2.61 ACRES LOCATED AT 435 THIRD AVENUE Page 7 Council Minutes November 19,2013 2014-01-07 Agenda Packet Page#15 DRAFT C. RESOLUTION NO. 2013-244 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE MAP SUBJECT TO THE CONDITIONS CONTAINED HEREIN FOR THE COLONY MIXED-USE PROJECT IN THE UC-1 ZONE OF THE URBAN CORE SPECIFIC PLAN AREA, TO COMBINE MULTIPLE PARCELS INTO ONE FOR 162 CONDOMINIUM UNITS AND ONE COMMERCIAL UNIT ON APPROXIMATELY 2.61 ACRES LOCATED AT 435 THIRD AVENUE ACTION ITEMS 17. CONSIDERATION OF AMENDING CHAPTER VI OF THE CITY OF CHULA VISTA MASTER FEE SCHEDULE (Police Chief) Administrative Services Manager Chew and Captain Ficacci presented background and staff s recommendation on the item. ACTION: Councilmember Aguilar moved to adopt the following Resolution No. 2013-245, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried by the following vote: Yes: 5 —Aguilar, Bensoussan, Ramirez, Salas, and Cox No: 0 Abstain: 0 RESOLUTION NO. 2013-245 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER VI, GENERAL POLICE FEES, ALARMS, OF THE CITY OF CHULA VISTA MASTER FEE SCHEDULE 18. CONSIDERATION OF APPROVING THE IMPLEMENTATION PLAN FOR THE CHULA VISTA BUSINESS CLUSTER ANALYSIS (Director of Economic Development) Director of Economic Development Meacham and Principal Economic Development Specialist Ruiz presented information on the Chula Vista business cluster analysis and staff s recommended implementation plan. ACTION: Councilmember Ramirez moved to adopt the following Resolution No. 2013-246, heading read, text waived. Deputy Mayor Bensoussan seconded the motion, and it carried by the following vote: Yes: 5 —Aguilar, Bensoussan, Ramirez, Salas, and Cox No: 0 Abstain: 0 RESOLUTION NO. 2013-246 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE IMPLEMENTATION PLAN FOR THE CHULA VISTA BUSINESS CLUSTER ANALYSIS AND AN APPROPRIATION OF $1281000 TO THE ADMINISTRATION DEPARTMENT (4/5 VOTE REQUIRED) Page 8 Council Minutes November 19,2013 2014-01-07 Agenda Packet Page#16 DRAFT Successor Agency to the Redevelopment Agenc. Item: 19. CONSIDERATION OF APPROVING A PURCHASE AND SALE AGREEMENT (Director of Development Services) Assistant Director of Development Services Crockett distributed revised documents to the Council related to the item which included the addition of a grant deed with restrictive covenants and also extended the effective date to December 2, 2013 to allow adequate time to get the document signed. The following members of the public spoke in support of the item: • Phil Reyes, representing Land Developer Associates • Lisa Cohen, representing the Chula Vista Chamber of Commerce RESOLUTION NO. 2013-021 OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR THE CITY OF CHULA VISTA APPROVING A PURCHASE AND SALE AGREEMENT WITH LAND DEVELOPMENT ASSOCIATES TO SELL ASSESSOR PARCEL NOS. 565- 310-09 AND 565-310-25 FOR $315,000 PLUS DUE DILIGENCE AND CLOSING COSTS OTHER BUSINESS 20. CITY MANAGER'S REPORTS Assistant City Manager Halbert provided an update regarding the South Bay power substation relocation and stated staff planned to provide a report on the subject at the Council meeting of December 17, 2013. 21. MAYOR'S REPORTS Ratification of appointment of Gloria Ciriza to the Commission on Aging. Mayor Cox moved approval of the appointment of Gloria Ciriza to the Commission on Aging, and the motion carried by the following vote: Yes: 5 —Aguilar, Bensoussan, Ramirez, Salas, and Cox No: 0 Abstain: 0 Mayor Cox reported on the San Diego Robotics Team and stated the team would participate in the Macy's Thanksgiving Day Parade. 22. COUNCILMEMBERS' COMMENTS Councilmember Ramirez spoke in support of a discussion at the Council meeting of December 171 2013 on the topic of undergrounding the South Bay substation lines. He also reported on his recent public office hours and presentations made to Castle Park Nigh School students on the topic of See Click Fix. Page 9 1 Council Minutes November 19,2013 2014-01-07 Agenda Packet Page#17 DRAFT Councilmember Aguilar stated she would be holding public office hours on November 21, 2013, on the topic of the proposed sewer rate increase and proposed change in the billing for sewer services. She also spoke in support of discussing the South Bay substation at an upcoming meeting. Councilmember Salas spoke in support of providing an opportunity for the public to speak at an early point in the discussion regarding the South Bay substation at the meeting of December 17, 2013. She also paid tribute to Mike Sole of the Senior Volunteer Patrol. Mayor Cox stated the meeting would be adjourned in memory of Megan Suzanne Thomas and Mike Sole of Chula Vista. City Attorney Googins announced that the City Attorney's office would make a presentation and conduct a discussion on the topics of California open meeting laws (the Brown Act), and State and local ethics rules at the Council workshop of December 5, 2013. CLOSED SESSION Mayor Cox announced that the Council would convene in closed session to discuss Item 23 listed below. She stated Item 24 would not be discussed. Mayor Cox recessed the meeting at 5:58 p.m. The Council reconvened in Closed Session at 6:07 p.m., with all members present. 23. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c) Two Cases There was no reportable action for Item 23. 24. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Eric Farris v. City of Chula Vista, et al., United States District Court, Case No. 09-cv- 2239-JAFI(DFIB) Item 24 was not discussed. ADJOURNMENT At 6:20 p.m., Mayor Cox adjourned the meeting in memory of Megan Suzanne Thomas and Mike Sole of Chula Vista to the meeting to the next Regular City Council Workshop on December 5, 2013, at 4:00 p.m., in the Police Department Community Room. Kerry K. Bigelow, Assistant City Clerk Page 10 1 Council Minutes November 19,2013 2014-01-07 Agenda Packet Page#18 M City of Chula Vista C,1111,16R,� STA, Legislation Text File #: 13-0199, Version: 1 ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT (FORM BASED CODE) REGULATIONS FOR OTAY RANCH VILLAGE EIGHT WEST (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. City of Chula Vista Page 1 of 1 Printed on 1/2/2014 IV powered I IL..........eglstar 11 m 2014-01-07 Agenda Packet Page#19 ORDINANCE NO. ORDINANCE OF' CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA(SPA)PLANNED COMMUNITY DISTRICT (FORM BASED CODE) REGULATIONS FOR,, OTAY RANCH VILLAGE EIGHTNEST` W14EREAS the property which i's the subject matter of this Ordinance is identified as Exhibit"A"attached hereto and incorporated herein by this reference and commonly knmNm as Otay Ranch Village Eight West,which consists of approximately 300.3 acres generally located.south of the existing terminus of La Media Road, and southwest of the intersection of Magdalena Avenue and Main Street (Property); and WHEREAS,an application PCM-09-18) to consider a new Sectional Planninp,Area(SPA) Plan, inc luding'Planned Conuiiuni`ty District Regulations/Development Code(Form Based Code) for Village Eight West (Project) was filed with the City of Chula Vista Development Services 0 Department on July 30, 2009, by Otay Land Company, LL,C ("Applicant' and "Owner")-- and, WHEREAS, the Project is intended to ensure that the Otay Ranch Village Eight West SPA Plan is prepared in accordance with the Otay'Ranch General Development Plan(GDP)toirnplement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which w1l].etiable, Otay Ranch Village Eight West to exist in harmony within the community; and WHEREAS,the development of the Property has been the subject matter of a General Plan Amendment GPA-09-01. and Otay Ranch General Development Plan Amendment GDPA 09-11, previously approved by the City Council on Februwy 26, 2013 by Resolution No. 2013-029 (GPA/GDPA Resolution); and WHEREAS, the development of the Property relied on the Otay Ranch General Plan Amendment and General Development Plan Amendment Supplemental Environmental Impact Report o.. 09-01, SCH #2004081066 (SE IR 09-01), and the Findings of Fact and Mitigation Monitoring and Reporting Program, previously adopted on February 26, 2013; and WHEREAS, the Project is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Conic ' Zone, which is a ic ,P unity ppl* able to the Otay Ranch 'Village Eight West'SPA Land Use Plan; and WHEREAS, the Project establishes a Form used Code applicable to the Open Space Preserve District, Open Space District,Neighborhood Edge District,Neighborhood General District, Neighborhood Center District, Town, Center District, Park ,District, Community Purpose Facility District, and Basin District, located in the Otay Ranch Village Eight West SPA Land Use Plan; and JAAttomeNA 'IN AL RESOS AND l I N E 1? 1 \12 17 13\CC0rdV8\VDesignRegs-I 1 12 13-FI NAL doe 12/3/2013 3 1 i,RM, 13-32 2014-01-07 Agenda Packet Page#20 Ordinance No. Page 2 WHEREAS, the Cit-7"s Development Services Director has reviewed the Project for V comp I i ance wi th'the California Env i ro nmental Q ual ity Act(CEQA)and determined that the Pro j e would result in a significant impact to the environment. and therefore. the Villaic-le 8 West Sectional I - % Planning Area and Tentative Map Enviromnental Impact Report (EIR 10-03") %\ras prepared: and WHEREAS, the Planning Commission set the time and place for a 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 owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hean'ng was held at the time and place as advertised, namely 6:00 p.m. 1.11 . November 20.20 1-) in the Human Resources Trainina Room locatedm' Bui Idincr C.Rooms B-I I I & 0 gz Z:�C. B-I'll 276 Fourth Avenue. and the Planning Commission voted 0-0-0-0 to approve Plannine Commission Resolution PCM-09-18 recommending to the Cit)?Council approval of the Project;and WHEREAS. I a duly noticed public hearing was scheduled before the Clt-%r Council of the City w of Chula Vista to approve the Project'., and 0 Whereas, the proceedings and any documents submitted to the City Council as the decision,- makers shall comprise the entire record of the proceedings. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and'ordain as follows: 1. PLANNING CONIN41SSION RECORD The proceedings and all evidence introduced before the Planm*ng Conunission at their public hearing held on November 20.2013 and the Minutes and Resolutions resultinp,therefrom.,are hereby incorporated 'into the record of this proceeding. These docum"ents. along with any documents submitted to the decision-mak-ers, shall comprise the entire record of the proceedings for ariv CEQA claims. 11. COMPUANTCE NVITH CEQA hnmedlately prior to this action, the City Council reviewed and certified EIR-10-03 and adopted the Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program pursuant to Resolution ffl. ACTION The City Council hereby adopts an Ordinance approving the Otav Ranch Village Eight West W W SPA Planned Communitv District Regulations (Form Based Code), finding that they are W consistent with the City of Chula Vista General Plan,the Otay Ranch General Development Plan and,all other applic able Plans. as set forth in,Resolution adopting the Village Eight West SPA Plan. and that the public necessity; convernence. general welfare and good I - Z� ,planning and zoning practice support their approval and implementation. 10 1 AI 2 17 1 3\CC0rd'V8WDes1P_nReqs-11 12 13-HNIAL.doc D-AttomelAFFNAL PLESOS AND ORDINIANCESU 1213/2013 3:41 PM 2014-01-07 Agenda Packet 13-33 Page#21 Ordinance No. Page -3 V. SEVERABILITY 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 unconstitutlonality shall not affect the valid'ity or enforceability of the renlanung portions of the Ordinance,or its application to any other person or circumstance.The City Council of the City of Chula Vista hereby declares that it would have adopted each section,sentence,clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional, V. 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. VI. EFFECTIVE DATE This Ordinance shall take effect and be in fall force on the thirtieth day from and after its adoption. VII. PUBLICATION 'fhe 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. Presented by Approved as to fonn by Kelly Broughton kq\,Glen Development Services Director City Attorney JAMtorneyTINAL RESOS AND ORDINANCES\2013\1 2 17 IMCCOMWWDesignRegs-11 12 1-3-HNAL,doc 12/3/2-013 3:41 PM 13-34 2014-01-07 Agenda Packet Page#22 i^ , ,. s2��rs�� r-� - �� n. ORDI?�P.NCE i��0. ORDI\'.4NCE OF CITY OF CHUL.4 VISTa .APPROVI\�G THE SECTI02�:aI,PLA.\T��I?vG ARE.A(SP.A)PL.ANNED COA��UT�7TY DISTRICT (FORi�9 BASED CODE) REGULATIONS FOR OTAY RaNCH V[LLAGE E1GHT \4��ST WHEREAS, the propem which is the sub}ect matter of this Ordinance is identified as Exhibit"A"attached hereto and incorporated herein by this reference and commonly l:now�n as Ot�p Ranch Villaee Eight \'�test.«�hich consists of approximateh�300.3 acres generall� located south of the exi sting terminus of La Media Road, and southw�est of the intersection of Ma2dalena.Avenue and Main Street (Propem•); and �'�%HEREAS.an appIication(PCI�4-09-1 S) to consider a new Sectional Planning Area(SPA) Plan; including Planned Communit;�District Reeulations/Development Code(Form Based Cooe) for Villaee Eieht �'�'est (Project) „�as filed ��ith the City of Chula Vista Development Semices Department on July 30; 2009; by Ota} L.and Company; LLC ("Applicant` and "Owner'-); and W1-IERE.AS, the Project is intended to ensure that the Ota} Ranch Villaee Eieht\Vest SPA Plan is prepazed in accordance���ith the Otay Ranch General De�elopment Plan(GDP)to implement the Cih= of Chula Vista General Plan for Eastem Chula Vista to promote the orderly plannins aod lone term phased devzlopment of the Ota��Ranch GDP and to establish conditions���hich�»I] enable Otay Ranch Villaee Eight �'�'est to exist in harmony within the communiry; and VdHEREAS;the de��elopment of the Propert��has been the subject matter of.a General PI2n Amendment GPA-09-01; and Ota�� Ranch General Development Plan Amendment GDPA 09-1 I, previously approved b}� the City Council on Februaq� 26, 2013; by Resolution No. 20li-,029 (GPA/GDP.4 Resolution); and � �4jF-]EREAS, the development of the Propem� relied on the Otay Ranch General Plan Amendment and General Development Plan Amendment Supplemental Environmer,tal Impact Report No. 09-01, SCH r200�081066 (SEIR 09-0]); and the Findin2s of Fact and Mitieation n4onitoring and Reportine Program, previously adopted on February 26, 2013; and \'�%HEREAS; the Project is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC)Planned Community Zone, ��hich is applicable to ihe Oeay Ranch Village Eieht \�'est'SP.4 Land Use Plan; and VdHEREAS, the Project estabiishes a Form Based Code applicable to the Open Space Preserve District,Open Space District,I�'eiehborhood Edee District Neighborhood General District, Nei�hborhood Center District; ToH�n Center District, Park District, Communih� Purpese Facility District, and Basin District, ]ocated in the Otay Ranch Village Ei�ht�Vest SPA Land lise Plan; and !.W.nom:}�\f1\'AL RES0S.4�D OADINA?�'CES�?O!3\]2 17 13\CCOrGV8�NpesiciRegs-I l 1? 13-Ffh'ALdoc 12T/2013 i:41 PD1 J Ordinance?��o. Paee 2 W�HEREAS; the Cim's De��elopment Services Director bas re�ie«�ed the Project for compliance«�ith the California Em-ironmental Qualih°Act(CEQA)and determined that the Project �+�ould result in a significant impact to the environment and therefore;tt�e V'illage 8 ��'est Sectional Plamiing Area and Tentative Map Em ironmental Impact Report (EIR 10-03) ���as prepazed; and ��%HEREAS, the Plannins Commission set the time and place for a hearing on said Project and notice of said hearina, toQether��th its purpose, ���as given b}�iu publication in a neti�spaper of genera] circulation in the Cin� and its mailino to propem� o��ners �+�ithin �00 feet of the ezterior boundaries of the Project site at least ten da}s prior to the hearing; and W-I-IEREAS. the hearine �vas held at the time and place as advertised, namely 6:00 p.m. I3o��ember 20.2013 in the Human Resources Trainine Room located in Buildine C.Rooms B-11 I & B-112, 276 Fourth Avenue, and the Plannin2 Commission voted 4-2-0-1 to approve Planning Commission Resolution PCA4-09-18 recommendine to the Cin�Council approval ofthe Project;and \�'HEREAS, a dul��noticed public hearino�vas scheduled before the City Council ofthe Cin� of Chula Vista to approve the Project and «�ereas; the proceedines and any documenu submitted to the City Council as the decision- mal:ers shall comprise the entire record of the proceedings. NO\V; THEREFORE; THE CI7'P COU1'CIL of the Cin�of Chula Vista does herebv order and ordain as follows: I. PLAI�'I�T�G COA4A�IISSION RECORD The proceedines and all evidence introduced before the Plannine Commission at theu public hearine held on\�o�ember 20.2013 and the?�4inutes and Resolutions resultine therefrom.aze hereb��incorporated into the record of this proceeding. These documents, alone �+nth any documents submitted to the decision-mal:ers, shall comprise the entire record of the proceedings for an� CEQA claims. II. COMPLI�\'CE ���TTH CEQ.A Lnmediatelv prior to this action; the Ciri� Council revie���ed and certified EIR-10-03 and adopted the Findin�s of Fact Statement of Ovemdine Considerations; and A4itisation �4onitorins and Reportin� Program, pursuant to Resolution III. ACTIOI�T The Citv Council hereby adopts an Ordinance approving the Ota}�Ranch Village EiQht�l�est SPA Planned Communit}� Disvict Rewlations (Form Based Code); finding that thev are consistent�vith the Cin�of Chula Vista General Plan,the Ota}�Ranch General Development Plan and all other applicable Plans; as set forth in Resolution adoptine the V"illage Eight�Vest SPA Plan; and that the public necessiri�, con��enience. oeneral N�elfare and 2ood plannino and zonino practice suppon their approval and implementation. C:\lisers\ShereeKWppData�l,ocalU9icrosofi\\1'indows\Temporarv lntemet Files\Content.OutlookV\'\'OliLU6Utem 13B- CCOrd\'S R�esi enRess-1 1 12 13-FI?dAl..doc 12/3/2013 3:41 PM I ' Ordin3zce \�o. ?aee � TV. SEVERABILITY If an�� porion of Ihis Ordinance, or its application to anv person or circumstance; is for anp reason held to be,im�alid; unen:orceable or unconstituuonal; by a court of competent jurisdiction; that porti�n shall be deemed se��erable;and such invalidi��,unenforceabilih�or unconstitutionalirv shall not affect the validin�or enforceabilirv of the remaining ponioas of the Ordinance;or its application to any other person or circumstance.The Cin�Council of the City of Chula Vista hereb��dedazes that it would have adopted each secuon;sentence;clause or phrase of this Ordinance, irrespective of the fact that an1� one or more other sections; sentences; clauses or phr�ses of the Ordin�,�ce be declared im�alid, unenforceable or unconsdtutional. - V. CONSTRUCTION The Ciro Council of the Ciry of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict; applicable state and federal law and this Ordinance shall be cons�-ued . in liaht of that intent. Vl. EFFECTIVE DATE This Ordinance shall t�:e effect and be in full force on the thinieth day from and afer its adoption. VII. PliBLICATI0�1 The Ciri� Clerk shall certifi� to the passage and adoption of this Ordinance and shall cause the same to be published or posted accordine to law. Presented by Approved as to form bv 3:elly Broughton �lGlen . Development Ser�ices Director City Attomey 1'�4ttorncy�FfIdALRESOSA\DORDINAtiCES�2013\l2 t713\CCOrd�'8\1'Dcsie�Regs-I1 1? 13-FI?�AL.doc 1 J3/'_013 3:41 PA1 � M City of Chula Vista C,1111,16R,� STA, Legislation Text File #: 13-0200, Version: 1 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 5.36.135 OF THE CHULA VISTA MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF MASSAGE AND HOLISTIC HEALTH ESTABLISHMENT LICENSE ANNUAL RENEWAL FEES AND AMENDING SECTION 5.36.190 TO REQUIRE PAYMENT OF NEW APPLICATION FEES FOLLOWING CHANGE OF LOCATION OF A MASSAGE ESTABLISHMENT (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. City of Chula Vista Page 1 of 1 Printed on 1/2/2014 IV powered I IL..........eglstar 11 m 2014-01-07 Agenda Packet Page#23 ORI fNAI CE Igo. ORDINANCE OF THE CITY of CHULA VISTA AMENDING SECTION 5.36.135 of THE CHULA VISTA. MUNICIPALS CODE TO AUTHORIZE THE COLLECTION OF MASSAGE AND HOLISTIC HEALTH ESTABLISHMENT LICENSE ANNUAL RENEWAL FEES AND AMENDING ING SECTION 5.36.190 To REQUIRE PAYMENT OF NEW APPLICATION FEES FOLLOWING CHANGE OF LOCATION of MASSAGE ESTABLISHMENT WHEREAS, the City of Chula Vista Municipal Code Section 5.36.220 relating to Massage Parlors requires an inspection of each business four times per year; and, WHEREAS, the cost associated with these required inspections is fully burdened by the City of Chula Vista; and, WHEREAS, there is currently no renewal requirement for massage or holistic health establishments; and, WHEREAS, the existing Municipal Code Section 5.36.190 only requires a transfer fee when a massage establishment changes location; and,, WHEREAS, the change of location of a massage establishment requires the same amount of staff time to process as a new applicant. NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follow s-0 Section I. Chula Vista Municipal Code Chapter 5.36 is hereby amended to read as shown in attachment A. Section 11. Severabilit y If an), portion of this Ordinance, or its application to any person or circumstance, is for any reason held to he in valid, unenforceable or unconstitutional, by a court of ompetent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality 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 City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance he declared invalid, unenforceable or unconstitutional. D ttomey FII I L RESOS AND oR INA1 ES 13\1? 17 E3)\Ordinance-Finance- +1ast r Fee- .doc 12/11/2013 12:19 PS I 14-84 f 2014-01-07 Agenda Packet Page#24 Ordinance Pale 2 Section 111. Construction The Cite Council of the City= of Chula Vista intends this Ordinance to supplement: nod, to duplicate or contradict. applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall tale effect and be in farce on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certifW�r to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: Approved as to form by: y David Bej arano Glen R. oogins Chief of Police City Attorney r J:1Attomev\FRNIAL RE SOS AND ORD I'%,'A\;CES1?0i311? 17 13\Ordinance-Pjnance-Master Fee-E.doc 1-/11/2013 12:19 PM 14-85 2014-01-07 Agenda Packet Page#25 Chapter 5.36 MASSAGE PARLORS AND HOLISTIC HEAL'T'H PRACTITIONER BUSINESSES* Sections: 5.)6.010 Title for citation. 5.36.020 Purpose and intent of provisions. 5.36.030 Definitions. 5.36-035 Repealed 5.36.040 Rules of construction of provisions—Liability—Scope—Compliance required. 5.36.050 License—Required. 5.3 6.060 Technician—Permit—Required. 5.36.070 Exceptions to applicability. 5.36.075 Massage and holistic health establishment permit and posting requirements —Name tags. 5.36.080 Massage and holistic health establishment hours and services. 5.36.085 Massage and holistic health establishments patron's specified anatomical areas covered—No touching. 5.36-090 Plumbing and electrical requirements for massage and holistic health establishments. 5.36.095 Permit and posting requirements for off-preen-ises massage and holistic health business—Name tags. 5.)6.100 Equipment and cleanliness requirements for off-premises ses massage and holistic health. . 6.105 Off-premises massage and holistic health appointment requirements. . 6.110 Massage technician and holistic health practitioner operating requirements. 5.36.1 15 Massage estallishrnent, holistic health establishment, massage therapist, holistic health practitioner, off-premises massage business, holistic health business advertising requirements. 5.36.1 20 Corporate officers and partners deemed applicants. 5.36.125 Designation of responsible managing officer— Signature on applications. 5.36.130 Count health department inspection and investigation required before issuing massage or holistic health establishment permit. 5.36.135 License—Application—Investigation fee required. 5.36-140 License tax required--Fate. 14-86 d 2014-01-07 Agenda Packet Page#26 53)6.145 Technician—Permit—Application— Investigation fee. 5.36.150 License or permit.—Application— Contents required. 5.36.155 Grounds for denial of massage to lis nt permit, holistic health establishment permit, off-premises business permit, massage therapist permit, holistic health practitioner permit. 5.36.160 l enevral of massage therapist or holistic health practitioner permit. 5.36.165 Equipment and cleanliness requirements for massage and holistic health establishments. 5.36.170 Facilities—Required enerall v. x.36.1 License -permit—Issuance prerequisites—Appeal f denial— TransferahilitNt. R x.36.1 loo Flame f sinless. 53)6.190 Change of location—New applicationFee required. 53)6.200 Sale or transfer of business— Effect—Fes for transfer of interest. 5. 6.205 Employment of persons not possessing Permits prohibited. . 6.210 Records of treatment to he kept—Confidentiality required—Disclosure deemed misdemeanor— Penalty. 5.36. Inspection required four times per year. 5. 6.23 0 Off-premises massages—Permitted when. 5.36.235 Applicabilitv of provisions. 5.3 "License or permit—Grounds for suspension or revocation. .36. 5 License or permit— Suspension. revocation or denial —public hearing. 5.36.250 Repealed 5. 6,260 Repealed ._J6.270 Repealed 5.3 . 0 He —l ecision f`determin ti n. 5.36.290 — 5. 6.3 20 Repealed 5.316.3) 5 1 nia-=ful operation declared nuisance. 5.36.330 Violation—pnaltv. 5.36.33 40 Operative slate—Grandfather clause. For statutory authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code § 3 7101. 14-87 2014-01-07 Agenda Packet Page#27 -5.36.010 Title f`or citati ............................... .........................t+.......a This chapter may be cited as the "Chula Vista massage and holistic health practitioner establishment ordinance." (Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.30). 5.36.020 Purpose and intent.of .t.....t.,t.....t...,t....t..+.....+...a. ............................. .--. ,;„;#;YF;rtt+i+...;;........+..t.+....... .#.a#.;t,a;.......................t... t;aY-.+.t..M4........t It is the purpose and intent of this chapter to establish appropriate rules and regulations for the conduct of massage and holistic health practitioner businesses within the city, said rules and regulations providing for the proper training and qualifications of massage technicians and holistic health practitioners, the requirements of certain facilities and the physical layout for massage and holistic health practitioner estabiislunent.s and the manner in which said businesses may conducted as necessary to protect the public health, safety'and general welfare. The massage and bolistic health business is declared to be a business subject to police and health regulations in the interests of protecting the patrons of such establishments. (Ord. 3125 § 1, x.005; Ord. 1312 § 2,-1970; prior code 9.31 1 . 5.36.030 Definitions. Dei ni t i ons. ,....,,,+..,.a,„+..t„.....+,r.,,,,+,f.„.ti„+., ..a...................+a.+...•.+....,t......•,;i.a Yti+t rtii+tiii.#,#i,#„#.a 4Y,+a,*,+.......#.•...•.....t...........r............+..+..t.......................... Whenever in this article the following words or phrases are used, they shall mean: A. "Cit y” means the city of Chula Vista, a municipal corporation in the state of California; B. "Health department” means the department of public health services of the county of San Di go when the city department is enforcing the terms of this chapter; C. "License”means the business license to operate a massage establishment required by this code; D. Massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping; pounding, vibrating, or stimulating the external harts of the human body with the hands or other parts of the body, with or Without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, ponder, creams, lotions, ointments or other similar preparations commonly used in this practice; E. "Massage establishment" means an establishment having a fixed place of business There any person engages in, conducts, carries on or permits to be engaged in, conducted or carried on any business where massages, as defined in this chapter, or other similar procedures are given or administered; F. "Massage technician', or "technician" means any person, male or female, who gives or administers to another person; for any form of consideration, a"massage" or bath as those words are defined in this chapter; G. `'Permit" means the penult to engage in the activities of a massage technician required by this chapter} H. "Person" means a natural person, firm, co-partnership, association or corporation; 1. "Holistic health practitioner's means a nonmedical health care therapist who uses any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, 14-88 2014-01-07 Agenda Packet Page#28 pound Ong; vibrating; or stimulating the external parts of the human bodv with the hands or other parts of the bodv. With or without the acid of any mechanical or electrical apparatus or appliances, rubbing alcohol. liniments. antiseptics. oils. powders. creams. lotions, ointments or other similar substances; and who claims exemption from police regulation as a massage therapist pursuant to this chapter and who presents to the police chief proof of satisfactory completion of 1,000 hours of instruction n ire such Specialty or therapeutic approach at a school Nvith a state-app ro-%ied curriculum and proof of membership in a stag or nationally chartered organization devoted to the specialty or therapeutic approach. The practice of such health care therapists, in addition to massage therapy, must include nutritional assistance. exercise programs and counseling that is directed to-vard health care: J. "Holistic health practitioner business" means any business that is owned and operated by one or more holistic health practitioners and that hires or contracts with other holistic health practitioners or massage therapists for the purpose of nonmedical care; K. `N1CBTM " means the National Certification Board for Therapeutic Massage and Bodwork; L. `NCCA N4" means the National Certification Commission of Acupuncture and , Oriental Medicine: ine: M. " Off-premises massage therapist*' means a.n #person who provides massage services by appointment at a location other than premises licensed as massage establishment. It includes massage therapists who provide ofd premises massage sere-,ices and who are self- employed and/or-%,\,ho contract with or work for a business other than a massage establishment: N. ``State-appro ved school" means any school or institution wi thin the 1 nited States. ,%Nrhich is approved b v the state in which it resides. for the teaching of massage: 0. "Specified a.natorr ical areas" shall mean pubic region, human genitals,-perineum; anus and the areol a and nipple of the female breast. rd. 02 § 1. 2005; Ord. 2408 § 1; 1990; Ord. 2307 § 1; 1989-, Ord. 2256 § 2. 1988, Ord. 1 12 § 2. 19 0 prior code 9.J.3 5.36.035 Holistic health ...................,,.,,..,,.,....,,.,._......,..,,..._...._.... to —Refundable fee. .............. ............................................................................................................................... +,.. Repealed b � Ord 3 025§ 1, 200x. (Ord. 25)47 § 2. 1993). 5.36.040 Mules of construction of provisions—Liabilit f —Scope— Compliance require . . ..+i i.,+ ............................................................W-.,,,•.....................................0.i......i..f....#.F.f i..........y ...........................I........................... This chapter shall be construed liberally in order to effectuate its purposes. Unless other ise specifically prescribed in this chapter. the follo-%Nring provisions shall govern its interpretation and construction: A. When not inconsistent xNrith the context. words used in the present tease include the future. ��ords in the plural number include the singular number and words in the singular number include the p l ral number. B. Time is of the essence in this chapter. No license or permit holder shall be relie ved of his obligation to compl y promptl y With any provision of this chapter by any failure of the cit r to enforce prompt compliance %.ith any of its provisions. 14-89 2014-01-07 Agenda Packet Page#29 C. Any right or power conferred or duty imposed upon any officer, employee, department or hoard of city is subject to transfer by operation of law to n other officer, employee, department or board of city. D. No license or permit holder shall have any recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or the enforcement thereof. E. This chapter does not relieve any license or permit holder or of any requirement of the city Charter or of any ordinance, rule, regulation or specification of'the city. F. No license or permit holder possessing such a license or permit as of the effective date of this chapter shall be relieved of his obligation to comply fully with the provisions of this chapter within the reasonable time established herein. (Ord. 3025 § 1, 2005; Ord. 1-3 12 § 2. 1970: prior code § 9.32). 5.36.050 License— e aired. ..............................................,,,,..,...., „................................................................................................................................................................... It is nlaful for any person to engage ire, conduct, carry on or permit to he engaged in, conducted or carried on in or upon any premises within the city a massage establishment or holistic health practitioner business without the license required by this chapter. Any person desiring to engage in off-premises massage must obtain an off-premises massage business permit. (Ord. 3025 § 1, oo ; Ord. 1312 § 2, 1970; prior code § 9.34). 5,36.060 Technician —Permit—R aired,................ ........................................................................................ �q It is unlawful for any person to act as a massage technician or holistic health practitioner without the permit required by this chapter. (Ord. 3025 § 1, 200 5; Ord. 131 § 2, 1970- d. prior code § 9.35). .3 .1 Exceptions a licahilit�............. .......................................................................................... ............... ...,..........., , ..,.,,. ,.. ..................... ..,...,.,....,..,.,,.,,,..,, The requirements of CV MC . .o 5 o et seq. shall have no application and no ef'f`ect upon and shall not be construed as applying to any persons designated as follows: Physician., surgeon, chiropractor, osteopath, acupuncturist, aesthetician, barber, cosmetologist, . exercise physiologist; rnamcurist, occupational therapist, physical therapist stylist, or any registered or licensed vocational nurse working under the supervision of a p �sician, surgeon, chiropractor; or osteopath duly licensed to practice their respective professions in the state, nor shall the requirements of CVMC 5.36.050 et seq. apply to any treatment administered in good faith in the course of the-practice of any healing art or profession b y any person licensed to practice any such art or profession under the Business and Professions Code of the state or of any other law of this state. All individuals who use a massage specialty and therapeutic approach in caring for clients while under the "control and direction'* of the exempted classes of individuals as listed above, must have�a valid massage techrrieian or holistic health practitioner perrrrit and comply with the requirements of this chapter. Practical nurses or other persons Without qualifications as massage technicians, holistic health practitioners, or other persons not otherwise licensed by the state to practice pursuant to the Medical l Practice Act, whether employed by physicians, surgeons, chiropractors or osteopaths or not, may not give massages or massage procedures. 14-90 2014-01-07 Agenda Packet Page#30 For the purpose of this section any indi -idual using massage specialty and therapeutic approach in caring for clients is considered under the "control and direction" of an exempt class individual only N Shen a member of that exempt class is ph vs1c li v present on the establishment premises -where the massage is being administered. (Ord. 3025 § 1. 2005: Ord. 2307 § 2, 1 989; Ord. 13 12 § 2, 1970: prior code § 9.3)6). 5.36,075 Massage and holistic health establishment penult and posting requirements —Name tags. ...............--------.... ..........................................................................................................................................................,_.....,,............................... A. The massage or holistic health establishment business permit. public health penult. and a copy of the permit of each massage therapist and holistic health practitioner working in the establishment shall be displayed in an open and conspicuous public place on the premises. B. Each massage therapist and holistic health practitioner must wear a name tag on their outermost garment when working in the establishment. The name tag must contain the therapist or practitioner`s name as it appears on the police permit. C. It is unla Nful for an y massage or holistic health establishment to employ or permit any person to act as a massage therapist or holistic health practitioner who does not possess valid massage therapist or holistic health practitioner permit. (Ord. 3 025 § 1. 2005). 5.36.080 Mas a a and holistic health establishment hours and services. .f...................................... .....................................................•r....a m-...................a....-r............4.......................................................................... .., A. It is unlav ful for any responsible person to allo w the establishment to be open b tv,=eery the hours of 10.00 p.m. and 6:00 a.r . All customers, patrons and vi sitors must be excluded from the prep ses during those hours. Bm A list of services a +ailable and the cost of such services shall he posted in an open and conspicuous public place on the premises. The services shall be descr'bed in readil y understandable langua(Ye. No services other than those posted are alto ved. (Ord. 3025 1. 2005) 5,36.085 Massage and holistic health establishments patron's specified anatomical areas ov.ered—No oucl�in . ...................................................................... ....................................................................................................................................................... A. Each establishment shall pro,%,ide to all patrons clean; sanitary and opaque coverings capable of covering the patron's specified anatomical areas. NTo common use of such covering shall be permitted; and reuse is prohibited unless the covering has been laundered after each use. In addition. no responsible person shall permit a massage to be given unless the patron is covered bv the co ring provided by the establishment. B. -Nlo responsible person shall permit any person in any area within the massage establishment, which is used b y the patrons orwhich can be viewed her patrons from such an area. unless the person's specified anatomical areas are fulls covered. This subsection does not apply to momentary nudit y: occurring in bathrooms. shower areas. or dressing or locker rooms. C. NTo permittee shall give a massage in any room with a patron unless the patron's specified anatomical areas are fuliv covered with are opaque co�tering. D. No responsible person shall permit any person to massage; or intentionall y touch the specified anatomical areas of another person. 14-91 2014-01-07 Agenda Packet Page#31 E.No permittee shall massage or intentionally touch the specified anatomical areas of another person. F. The responsible person and permittee shall ensure that patrons are advised of this section prior to treatment. The advisal may be: 1. Posted as a documents in the room where the massage is conducted, or 2. Contained in patron intake documents, or . Posted in any manner approved by the chief of police. The alisl may paraphrase the language of this section so long as such language is approved by the chief of police. Language quoting these sections need not be pre-approved by the chief of police. rd. X025 § 1, 200 5). 5.36.090 Plumbing and electrical requirements for massage and holistic health establishments. •f....r......+.i....♦+.#.+t.+.+r.a..a.i.a..a.a..ar.................•.......•r.i.+..ar.a.4a..aa....t...•t......•r......r.....................t a.#.+a.+.a*.a.ay.a.4a.+.aa.at..ta..at......at.................•...................... All plumbing and electrical installations in massage and holistic health establishments must be installed under permit and inspection by the building inspection department and such installations shall be installed in accordance with the Uniform Building Code and tie Uniform Plumbing Code as adopted b y this code. Ord. 3025 § 1, 2005). 5.36.095 Permit and posting requirements for off-premises massage and holistic healthbusiness..-..Name tags............... .i...............................................r............r...r......t+Oar..r..r..4...+i+.�.+..a+.tea++4�+............................................. ..............A. It is unla wful for any person to engage in off-premises massage or holistic health services xvho is not in possession of a valid off-premises massage or holistic health business permit. B. The off-premises massage and holistic health business permit must be displayed in an open and conspicuous plane on the licensed business premises. C. Each pennittee must wear a name tag on their outermost ganuent when providing off- premises massage or holistic health services. The name tag must contain the therapist or practitioner's name as it appears on the police permit. Ord. 3025 § 1, 2005). 5.36.100 Equipment and cleanliness requirements for off-premises massage and holistic health. .......r.......................................r..........i..#*.....4.fa.i.a...................................r........r.............W.............44......t.r..r.................................. .........*...a... Each permittee shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas. No common use of such covering shall be permitted; and reuse is prohibited unless the covering has been laundered after each use. In addition, no permittee shall give a massage unless the patron is covered by the covering,prorided by the permittee. (Ord. 3025 § 1, 2005). 5.36.105 Off-premises remises rims a and holistic health appointment requirements. .................................... ......a............................... .................r......r.........................+....... + ........._.....4............... ......i.....a.*..........................I...... A. Any massage conducted in a place not open to public view must be by appointment only. B. An off-premises massage technician or holistic health practitioner may perform massage without appointment if the massage is conducted in a public place open to View of the public such as in an airport, shopping center kiosk, or salon, or at events such as marathons and street fairs. (Ord. 3025 § 1, 2005). 14-92 2014-01-07 Agenda Packet Page#32 5.36.110 Massage technician and holistic health practitioner operating E Muir meet .:...�........,........_... ..._........t .+_.rte+_.......#........................•..................................................................a.•......4_.f•..................................... A. No massage technician or holistic health practitioner, while performing any task or service associated with the massage or holistic health business, shall be present in anv room with another person unless the person4s specified anatomical areas are fully covered. B. No responsible person shall permit and no massage technician or holistic health practitioner- shall be on the premises of a massage or holistic health establishunent during _ its hours of operation vvhile performing or available to perform anv task or service associated with the operation of a massage business, unless the massage technician is fully covered from a point not to exceed four inches above the center of the kneecap to the base of the neck,, excluding the arms, with the following exceptions: shorts may be om-so long as they extend doxvn the leg a minimum of three inches from the crotch and the bode-above that point is fully co vered to the base of the neck. excluding the arms. The covering. which includes trousers, pants or shorts. ill be of opaque material and %ill be maintained in a clean and sanitar ir condition. C. No massage technician or holistic health practitioner. while performing anv,task or service associated N gith the business of massage, shall massage or intentionally touch the specified anatomical areas of another person. D. Each massage technician or holistic health practitioner must wear a name tag when Nv rung as a massage technician or holistic health practitioner. The name tag must contain the technician or practitioner's name as it appears on the police permit. E. It is unla-%ful for any massage technician or holistic health practitioner to use towels, linens or instruments durin the massage that are not in a clean or in a safe condition. F. It is unla\\ful for anv massage technician or holistic health practitioner to pro vide massage er vices between 10:00 p.rn. and 6:00 a.m. G. The permittee shall ensure that patrons are advised of CV M C x.36.080; prior to treaunent. The ads#isal ma y be 1 posted as a document in the room where the massage is conducted, or contained in patron intake documents. r posted in any other manner approved b y the chief of police. The advisal ma y paraphTas6 the language of CVMC .36.00t so long as such language is approved by the chief of police. Language quoting these sections need not be pre-approved by the chief of police. H. Anv off-premises massage or holistic health business permittee who hires, dispatches or contracts with other off p remises massage technicians or holistic health practitioners to do off-premises massage is responsible for ensuring that those technicians or practitioners comply with all applicable regulations in this section. The permittee must also make reasonable efforts to prevent criminal activitv by the other technicians or practitioners. In addition to all other-grounds; prostitution by such technicians or practitioners is grounds for revoking the permit. 1. The sale or serving f food r beverage r the conducting f n n sa a business.or nonholrstrc health business is prohlb*1ted. (Ord. 3 02 § 1: 20 0 s Ord. 2307 § 3. 1989. Formerly 5.36.0'75). 14-93 2014-01-07 Agenda Packet Page#33 5.36.115 Massage establishment, holistic health establishment, massage therapist, holistic health practitioner, off-premises massage business, holistic health business advertising requirements. .a................... .....r. ..............#,.....a..a...a..........r,...#.a..a,.at...........,i„rt,a+,+r.arar.a.aa...a...a.......a..a....a..,.....a...r•a....................................r„..r.....Mfa. A. Each technician, practitioner, establishment, or business licensed under this section shall include the number of their police permit in any advertisement of services appearing in any newspaper, telephone directory; printed advertising medium, or electronic media. The reference cloys not have t contain the wow "Police permit.'' "City Chula Vista permit number 1 111,'' or similar language, will suffice so long as the correct police permit number is included. B. Advertising hours other than those allowed in this section is grounds for regulatory action against the permittee. This subsection 1s regulatory only. C. In addition to any criminal penalty, a ,,iolation of Business and Professions Code Section 17_'500 (false or misleading statements) is grounds for regulatory action against the permitteer (Ord. 3025 § 1, 2005). 5.36.120 Corporate officers and partners deemed applicants. ..........................#„rf.... r.+4a,.aa.*a+aa.a a..,.a,.............r„+,,......11%.,...aa..........,....,........................ ,.r,,•4ar.,4....,+,. ............................................. Each corporate officer or partner of a massage or holistic health establishment is deemed an applicant for a massage or-holistic health permit and each must provide the information required in Cv1 1C 5.36.150. (Ord. 3025 § 1, 2005). 5.36.125 DesiRnation of responsible managing officer—Signature n a? .l�cations ,,,.,,+,r.-r,,,++„tea.*-+a.i�aa..aa. +.„+4#,+i.aa........i.••.,ia•.,,.,. . . i a...........a.................. An applicant that is a corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. The responsible managing officer may complete and sign all applications on behalf of the corporate officefs and partners. (Ord. 3025 § 1, 2005). 5.36.130 County health department inspection and investigation required before issuir masse or holistic health establishment.permit. ................�,•,.,+a.i..a,+,ate aa+.a..+.aaaaaaa.+aa......,..,.a..,.......a.,...,.,,..,,,#a+i.a..a.aa.................. ...................a....a.....a.a.a..........a,,.aa...................................,... A. In addition to the requirements of CVMC 5.36#150, any persons desiring to operate a massage or holistic health establishment shall make an application to the County of San Diego, Department of Health Services, for a health permit. An annual nonrefundable fee, the exact amount of which shall be determined and kept on record by the County Department of Health Services, shall accompany the submission of each application to the Department of Health Services to defray the cost of investigation, inspection, and enforcement of the health aspects of this section. B. Any massage or holistic health establishment pen ittee failing to renew a health permit within 3 o days after its expiration shall be assessed a 10 percent penalty for each month of failure to renew. This penalty shall be added to the cost of the renewal of the health permit fee. The entire sum shall be paid to the Department of Health Services. In no ease shall the penalty exceed 60 percent of the renewal fee. The penalty unposed by this section, whether or not the penalty is paid, shall not prevent imposition of any other penalties prescribed by this chapter or prevent prosecution for violation of this chapter. (Ord. 3025 § l, 2005). 1 -9 2014-01-07 Agenda Packet Page#34 5.36.135 License—Alictinn —Investiatin fee renzred. ...__,..._.,...,._ ...,,...,..........,............... . . ...................... .._w..._. .,.........,................ ............................................. An y person desiring to obtain a license to operate a massy a or holistic health establishment shall make an application to the citv manager. A nonrefundable required fee(s). or the required renewal,fee(s). to cover the cost of are investigation, shall accompany the submission of each application* F {� � ei S IBA 6a nE r r f ti y . Such licenses. when issued.. 1 11 expire one vear from the date of'issuance and max, be renewed only b # filina a NNTitten request for renexval_ accompanied b v the annual i license fee and a cop%r of the license to be rcn xved. Said application fee' shall be in addition to any license; permit or fee required under any provisions of this code. (Ord. 3025 § 1, 2005; Ord 2506 § 1 (part), 1992; Ord 2408 § 1 (part); 1990; Ord 1312 § 2 (part), 1970: prior code § 9*37. Formerly 5.36.080)* 5.36,140 License tax required —Rate. ...........................................................,... .........................................._,........_...__...._..........,..,......,.....,........,....................,.......................................... re f person operating a massage or holistic health cst blishment shall pay a license to in an amount as presently designated, or as ma y in the future be amended, in the master tax schedule; CSC 5.07.030. (Ord. 302 1 Zoo ; ord. 1 1990. Fornerl . 5.36.081 . 5.36.145 'technician —Permit—Application—Investigation fee. ................................................................................*......w. •� .i. *...��..��+ .,.++..,rt.i..r+ii.#+i.i*ii„rt#i##*.#a#....*•...... Any person des ng to obtain a permit to act as a massage technician or holistic health practitioner shall make an application to the cite manager. A nonrefundable required fee(s). shall accompany the submission of each application to cover the costs of the investigation. A permit to act as a massage technician or holistic health practitioner does not authorize the operation of a massage or holistic health establishment. Any person obtaining a perm to act as a massaue technician or holistic health practitioner Nvho desires to operate a massage establishment must separately appiv for a license therefor. A P who applies for a license to operate a massy or holistic health establishment and who desires to act as a massage technician or holistic health practitioner-% •ithin said massage or holistic health establishment who pays the fees and taxes required by CVM *-36.13, and 5.3 6.140 steal l not be required to p aNr the fee required b f th*1 s sect ion. o rd. 3025 § 1; 2005: Ord. 2506 § 1, 1992: Ord. 2408 § 1, 1990; Ord. 1312 § 2. 1970f prior code § 9.3 8. Form- erl Nr 5.3 6.090). 5.36,150 License r permit ............................................._,._.__ . :,: '1lcatlon —Contents required. .--..._... ....................... * ................................................ Any applicant for a license or permit under this chapter shall submit the following information: A. The full name and any other names ever used b y the applicant; B. The current residential address and telephone number of the applicant. The previous addresses of applicant, if any, for a period of iPe years immediately prior to the date of the application and the dates of residence at each; 14-95 2014-01-07 Agenda Packet Page#35 C. The address of the proposed massage establishment or holistic health practitioner business; I . Britten proof that the applicant is over the age of 2 1 years; E. Applicant's height, weight, color of eyes and hair; F. Two passport photographs at least tro inches by two inches, taken within the last six months; G. Business, occupation or employment history of the applicant for the five years immediately preceding the date of the application; H. The business license or permit history of the applicant. Whether such person, in previously operating in this or another city or state under license or permit, has had such license or permit suspended or revoked, the reason therefor, and the business activity or occupation subsequent to such suspension or revocation; 1. All arrests and/or convictions and/or nolo contendere no contest) and guilty pleas except for minor traffic infractions. Charges dismissed pursuant to Penal Code 120-3.4(a) must be included. Dates of arrest and/or conviction and/or plea and the court must also be included. J. A certificate from a medical doctor licensed to practice in the state of California stating that the applicant has, within 30 days immediately preceding the date of the application, been examined and found to be free of any contagious or communicable disease; K. Applicant shall be required to furnish his fingerprints; L. Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage technician is taught. The terms "recognized school" or `other institutions of learning" shall mean and include any school or institution of learning-which has for its purpose the teaching of the theory, method; profession or work of massage technicians; which school requires a resident course of study of not less than 500 hours (massage technician) or 1,000 hours holistic health practitioner). Schools offering correspondence courses not requiring actual attendance of class shall not be deemed a "recognized school." The city has the right to confirm the fact that the applicant has actually attended classes in recognized school for the aforementioned minimum time periods. Proof of successful completion of a rational certification exam administered by a national professional certification organization approved by the chief of police. The exams administered by the NCBTMB and NCCAOM are approved by the chief of police; M. Such other identification and information as may be required in order-to di cover,the truth of the matters hercinahove specified as required to be set forth in the application. If necessary, the Chula Vista police department may take the fingerprints and additional photographs and confirm the height and weight of the applicant; I . If the applicant is a corporation, the name of the corporation exactly as shown In its Articles of Incorporation or Charter, together with the state and date of incorporation and names and residential addresses of each of its current officers and directors and of each stockholder holding more than five percent of the stock of the corporation; 14-96 2014-01-07 Agenda Packet Page#36 0. If the li n is partnership.. the hame and residential addresses of each of the partners: including limited to partners; P. If the applicant is limited partnership, a copy of the limited partnership's certificate of limited partnership as filed with the Count r Clerk; Q. If one or more of the limited p artners is a corporation, the applicant shall provide the information about that partner; I . If the applicant is a corporation or partnership.. the name of the responsible managing officer. (Ord. 3025 § 1; 2005; Ord. 1312 § 2, 1 970: prior code § 9.39. Formerly 5.36.100). 5.36,15' Grounds for denial of massage establishment permit, holistic health establishment permit, off-premises business permit, massage therapist permit, holIsi health. `raetitioner perm*t:... ..,.a+.,+++r,..++.....+..+,,,,,,,,,,,,,,, ................................................................................. In addition to the grounds for denial stated in CSC 5.02.200, are application for a massage establishment penult. holistic health establishment permit.. off-premises business permit, massage therapist permit or holistic health practitioner permit shall be denied for am of the following reasons: A. The applicant has -within 10 fears immediately preceding the date of the filing of the application, been convicted of any of the folloNN ing offenses: . 1. Any offense described in California penal Code Sections 266h, 2661, 315, 316, 318, 653.22; or 6 7af6 7b , 647(k)(1), 6 7k 2 , r6 7k • 2. Any offense described in California penal Code, Fart One, Title 9, Chapters 7.5 and 7.6: or the applicant has vAthin five years. immediatel v preceding the date of filing of the application been convicted of: a charge of 1.riolating any lesser included or lesser related offense, including Califomia Penal Code Section 415, in satisfaction of. or as a substitute for, an original charge of any of the offenses listed abo,%, . . rt The applicant has been convicted of any offense, which requires registration as a sex offender under California penal Code Section 290 or where registration pursuant to penal Code Section 290 was part of the imposed sentence. B. Arrests for any of the above viol ations may also be grounds for denial. (Ord. 3025 § 1, 2005 . 5.36.160 Renewal of massage therapist r holistic health ra i i n r permit. ...r..............r.......,.,,.,rt.+.-++},t.++-,+.a.aa*......a a.....,.... ,+++r.+i},}+ +a...........•...........•,..r....r.,....•,.i..,y,,,,,}, _#.#.,r#+.�„}„y.+r.+r4r.a+� .._a...a....a......,..,,r.,...+....... A. Renewal of a Pen-nit Shall Be Annual. All current massage therapists, holistic health practitioners. off-premises massage technicians and off-premises holistic health practitioners titioners workina in the cit y of Chula Vista. must rene w license"armuall t. B. Additionally. in order to renew a massage technician; holistic health practitioner, off- pren ses massage or holistic health business permit, the pertnittee must proVide proof of 12 hours of continuing education in massage therapy. The continuing education hours must be obtained from a facility or organization approved by the NTCBTMB,-NICCAOM or a state-approved school or any other certification organization reeogm ed by the chief of police. 1 -97 2014-01-07 Agenda Packet Page#37 C. Additionall y, the permittee must show proof that the pen-nittee's rational certification is current. Proof from NCBT t ;NCC OM or any other cerdfication organization recognized by the chief of police; i sufficient. (Ord. 3025 § 1, 2005). 5.36.165 Equipment and cleanliness requirements for massage and holistic health establishments. s. .................+....+.......+.....,,.+,.................+..+...+...,,....................+..........+....+.......+..+.++,.........,+....,... .,..,,.._....,,.....................+.....+............+.........+,.,+...... A. Disinfecting agents and sterilizing equipment must be used to ensure that any instruments used in performing any massage are clean and safe. B. pads used on massage tables must be covered in a workmanlike manner with durable, washable plastic or other waterproof material. C. Cleanable and nonabsorbent waste containers with tight-fitting covers shall be Provided for the storing of all waste natter and shall be maintained in a clean and sanitary condition. D. Closed cabinets or containers shall he provided for the storage of laundered towels and linens.Nonabsorbent containers or laundry bags shall be provided for damp or soiled linen, and linen shall be kept therein until removed for laundering. E. All establishments shall be so equipped, maintained, and operated as to effectively control the entrance, harborage, and breeding of vermin, including flies. When flies or other vermin are present; effective control measures shall be instituted for their control or elimination. (Ord. 3025 § 1, 200 5). 5.36.170 Facilities F.il ec uired enerall ±,.., ............+.............................................................. +................................. ...,+.........,...... No license to conduct a massage or holistic health establishment shall be granted unless an inspection by the city manager reveals that the proposed establishment complies with each of the following minimum requirements: A. A recognizable and legible sign shall be posted at the main entrance identifying the premises as a massage or holistic health establ i slim ent; B. Minimum lighting shall be provided in accordance with the building code of the city and in addition,, at least one artificial light of not less than 60 Avatts shall be provided in each room or enclosure where massage services are performed on patrons C. Minimum ventilation shall be provided in accordance with the building code of the city; D. Equipment approved by the health department for disinfecting and sterilizing instruments used in performing acts of massage shall be provided; E. Hot and cold running water shall be provided at all times; F. Closed cabinets shall be provided, which cabinets shall be utilized for the storage of clean linen; G. In any establishment in which massage services are rendered only to members of the same sex at any one time, such persons of the same sex may be placed in a single separate room or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth while massage services are being performed; 14-98 2014-01-07 Agenda Packet Page#38 H. Adequate bathing: dressing, locker and toilet facilities shall be provided for patrons. A rMrUMUM of one tub or shoiver, one dressing room ai i a. separate locker for each patron to be sere-red. xvhi h locker shall be, capable of being locked, and a minimum of one toilet and one wash basin shall b provided by v ry massaa r holistic health establishment; Provided h we%r r, that if male and female patrons are to be served simultaneously at said establishment, a separate mas a room or rooms, separate'ge dressing facilities and separate toilet facilities shall be provided for male and female patrons. Further, in those establishments where steam rooms or sauna baths are provided if male and female patrons are to be ry d simultaneously, separate steam morns or sauna rooms shall be provided for male and female patrons: 1. All walls ceilings. floors; pools, showers. bathtubs; steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms. or steam or vapor cabinets. shoxver compartments and toilet rooms shall be thoroughly cleaned and disinfected with a disinfectant approved by the health department each da v the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected iAith a disinfectant +' approved by the health department after each use: J. Cleary and sanitary towels and liners shall be provided for each patron of the establishment. No common use of t \N- is or linens shall be permitted: K.-A minimum of one separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment: Which basin shall pro,vide soap r detergent and hot and cold running rater at all times and shall b located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each Arash basin, sanitary towels placed in permanently installed dispensers. i This section shall be construed to require minimum standards only. All applicable provisions of this code have full force and effect. The applicant shall be required to comps Y NNith all applicable provisions o f this code. (Ord. 02 5 § 1, 2 0 0 5 Ord. 131 1970: prior code § 9.40. Form erl Y 53 6.110). 5.36.17" License or permit--Issuance prerequisites —Appeal of denial— Transcrabilit �. . ...................................... ........................,...,.....,................................................,....,.................................................................................................. A. Any applicant for a permit pursuant to these provisions shall present to the police department the application containing the aforementioned and described information. The chief of police shall have a ma it urn time period of 90 days in which to invest12ate the application and the background of the applicant. Based on such instigation, the chief of police, or his representative, shall render a recommendation s to the approval or denial of the p rrm't to the it r manager or his designee. B. The department of building and housing; the Byre department and the count health officer shall inspect the promises proposed to be devoted to the massage or holistic health establishment and shall make separate recommendations t the cite manager-or designee concerning compliance with the foregoing provisions. C. T it r manager, r his designee, after receiving the aforementioned and described recommendations, shall grant a permit to the establishment if all requirements for a 14-99 2014-01-07 Agenda Packet Page#39 massage or holistic health establishment described herein are met and shall issue a permit to all persons who have applied to perform massage services unless it appears that any such person has deliberately falsified the application or unless it appears that the record of any such person reveals a conviction of a felony or a crime of moral tuxpltude. The city manager or designee may recommend to the city council that an individual business t bli hurnent shall be subject to a public hearing and council approval, when in his judgment any such business establishment has an effect upon the public health, safty or welfare of the community. D. Any person denied a permit by the cite manager or his designee pursuant to these provisions shall be notified pursuant to Chapter 1.40 CVMC regarding an appeal why the permit should be granted. The decision pursuant to Chapter 1.40 CVMC shall be final upon the applicant. Also, the cite council may elect on its own motion to review any determination of the cite manager granting or denying a permit, in rhl h case, that decision shall then constitute the exhaustion of administrative remedy. E. All permits issued hereunder are nontransferable; provided however, a change of location of a massage establishment m a y be permitted pursuant to the provisions herein. (Ord. 3025 § 1, 2005; Ord. 2790, 1999; Ord. 2718 § 1, 1998; Ord. 1 312 § 2, 1970; prior code § 9.42. Forrnerly 5.3 .130a 5.36.180 Fame of business. .................+.............+....f....................+..,....,,,.+...,,...f......................+..+.......,i....f..................................................+..............+................................+...*., No person licensed to do business as herein provided shall operate under any name or conduct his business under any designation not specified in this permit. (Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.44. Formerly 5.36.150). 5.36.190 C h n of location—N � »at�on required. .. ---- . .ti.ati�.t r�i.ty■i +r*.tM�t■+a��+f��f+�srfatfa�iai�++.ir.f.ti......f�.........................i..�. A change of location of a licensed massage or holistic health establish ent t LIP i a + a a s r-ec%mnligad F t 34r-A T• y i tO 413A CE)StS y*IP.QWcr .at_Y shall deem the pernut and license null and void. A new application shall be made bNr any person. firm or entity desirinp, to overate the massage or holistic health establishment in a different location in the it (Ord. 3025 § 1, 200 5; Ord. 2506 1, 1992; Ord. 2408 § 1, 1990; Ord. 1312 § 2, 1970; prior code § 9.45. Formerly 5.3 6.160). 5. .200 Sale r transfer business—Effect—Fee for transfer f interest. .....+..+.,+.,..+.,.....,+....,+.............+..,...+.,...............,..........+.+...........+.........,........,....,............--.......---..---.----....,..+..................,+..,.....,+.............----.................. A. Upon the sale or transfer of any interest in a massage or holistic health establishment, the permit and license shall he null and void. A new application shall be made by any person, firm or entity desiring to own or operate the massage or holistic health establishment. The required fee(s) shall be payable for each such application Involving sale or other transfer of any interest in an existing massage or holistic health establishment. The provisions of C I1 C 5.36.150 shall apply to any person, firm or entity applying for a massage or holistic health establishment pennit for premises previousl y used as such establishment. B. Any such sale or transfer of any interests in an existing massage or holistic health establishment or any application for an extension of the building or other plane of 1 -100 2014-01-07 Agenda Packet Page#40 business of the massage r holistic health establishment, hall require inspection � shall require compliance with CVN4C 5.36.170. (Ord. 3025 § 1. 2005: Ord. § 1. 1992: Ord. 2 4 0 8 § 1, 1990; Ord. I 12 § 2. 1970 prior code § 9.46. Form erlv 5.3 .170). 5.36.205 minxment of ersns nit ssssing. errnis prohibited. i..............•.t..............• I....................... +....rt,..+#.........rt.. Y................... .aa......rtaa+.,.....,............a.............................+ra, It is unlawful for the holder of a license to operate a massage or holistic health establishment to emplov or othenvise allow a person who has not obtained a valid massage technician's r holistic health practitioner` permit t practice acts f massage. (Ord. 3025 § 1: 2 005 Ord. 131 , 1970: prior cod e § 9.4 rt Furmer-1 v 5.3 .1 . 5.36.210 Records of treatment to be kept—Confidentiality required—Disclosure deemed _... misdemeanor—Penalt .ta.ta.__+aa._..r.. .,,........,r., ............ .ta.t.ta....t..t....t.....t........t.,..tt.,a.t..t.....t..t..aa.a.ta.a.aaart r..............r...,...,....,..,....,...........,,.,..... Beery person, association, firm or corporation operating a massage or holistic health establishment under -license as herein provided shall keep a record of the date and dour of each treatment; the name and address of the patron, and the name 6f the technician administering such treatment. Said record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the cite shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this code, in addition to any other penalties provided by law. Identical records shall be kept of treatments rendered off the business site, and, in addition, shall describe the address NN;,here the treatment was rendered. Said records shall be maintained for a period of two Mears. (Ord. 3025 § 1, 2005. Ord. 1.30 12 § 2. 1970; prior code § 9.48. Fortnerly 5.,36.190). , .3 . Inspection four times er ear•l .............t................ p .t..aa.t..t..a.....a.t..aa...aa..aat...aa.t.....t..t..a.....a...as......t....,.at....t.r,....,., The departments of building inspection, lousing, fire. health, and police shall, from time to time and at least four times each Geary make an inspection of each massage establishment in the cite for the purpose f determining that the provisions this code are met. (Ord. § 1, 2005: Ord. 13 12 § 2, 1970: prior code § 9.49. formerly _16.200). . . 30 Off-premises massa es......Permit Permitted when. ' •._r_.,F#.it........4.............a ..t ................. .t.aaa.aaat.ta.ta.aa.aa.at........a.t..aa.aa.ta...............................,, It is unlaNxful for any person to engage in, conduct. Barr on or permit to be engaged in. conducted or carried on the business of massacle in any hotel room. motel room: guest- huse or other place of public accommodation. A. It is unlaxiful for any persons to engage in, or operate an off-premises massage or holistic health business without an off-premises massage or holistic health business • ice privet. B. Any persons possessing an off-premises massage or holistic health business permit is also permitted to operate as a massage therapist or holistic health practitioner. C. Any person desiring to operate an off-premises massage or holistic health business, but w-ho will not Provide massage services may obtain an off-premises massage or holistic health business permit so long as the following conditions are met: 14-101 2014-01-07 Agenda Packet Page#41 k 1. The person meets the application requirements for an off-premises massage business permit except for the education requirements. D. This section shall not be construed to: 1. Prohibit maintaining a licensed massage or holistic health establishment upon the premises of a place of public accommodation; or 2. Prevent the holder of a license or the holder of a permit employed by the holder of a license issued pursuant to this chapter from giving or administering massages within hospitals, convalescent centers, rest homes or the private hone of a patron. (Ord. 3025 § 1; oo ; Ord. 1312 § 2, 1970; prior#code § 9.50. Formerly 5.36.210). 5.36.235. licabllit of provisions. ...........................+ •...a.+*.*..* ......... ...a...a+a.+..a.......a....+....,.............,.......t..a..t..t .aa..........#.**................................ The provisions of this chapter shall be applicable to all persons and businesses described herein %,,hether the herein described activities were established before or after January 23, 1971. rd. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.5 1. Formerly 5.3 6.220). 5.36.240 License o ermi — Grounds for sus ..a+..,.,. ation. .,,. ... .-...a.a.as.aaaataat.a.a..a+.a..,..t., a...+.+..,,.t................. .a+aa,.,.a,..a+aa,+.+. en .. - r. a +..a...a..a+a+. a+aa.aaaa....a.a,..at.aa.a,+.a++.at.aa..a+.....,..+... +.+..+...a In the event that any person holding a license or permit issued pursuant to this chapter violates or causes or permits to be violated any of the-provisions of this chapter; or any provision of any other ordinance or law relating to or reg lating said business or occupation, or conducts or carries on such business or occupation in an unlawful mariner, the city manager, may, in addition to other penalties provided by ordinance, suspend or revoke the license or permit issued pursuant to this chapter. For the purpose of this section., a criminal court conviction shall not be required to support a finding of a '%Tiolation of any law. (Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.52. Formerly 5.36.230). 5.36.245 License or permit—.Suspension, revocation o denial—Public earin�. +.a...........................•a........,....,.....,..,..,.......,......,...a+a*a.4i. *a.......a..,..a..,...,..,.....,..,......a....a+.a........................aa4.*a.ay ria as 4.ataY..a.+.,.a*..,Y*.,tat t, •*+a+.,+aY a.*.**• Before denying, suspending or revoking a license or permit issued pursuant to this chapter, the city manager shall offer the applicant or permittee a hearing as provided in Chapter 1.40 CVMC. (Ord. 3025 § 1, 2005; Ord. 2718 § 1, 1998; Ord. 1312 § 2, 1970; prior code § 9.53. Formerly 5.36.240 . 5.36.250 o Hearin ----Notice r....q uire �...a..+.as+..aa.+.a.....a+...aa...a..a.aaa.a..a.a....a..a.,.a.............................+,,.a.,,.aa,....................... Repealed Ord 2718§ 1, 1998* (Ord. 1312 § 2, 1970; prior code § 9.54). .3 . 0 Hearin..-,.Procedure generllf. .+***...r*....*............................. .*..,.*...r*.a **a*ar***.a...,.a.h..ar*.*r..*..*..........*a.***a*.*.r*.r*...r*.....................+.............+......,..t......4.........4.............. Repealed Ord. 2718§ Ij 1998. (Ord. 1312 § 2, 1970; prior code § 9.55). 5.36.270 Hearin —Rules o evidence. ...................................+....a. ...,.....,..,........,.....,.,.........,.,..,,..*..,....,...+.....,..+.....,......................................aaa.a+.a,.aa..a,.a...-a,...*...........*.................*.....a... Repealed Y Ord. 2718§ 1, 1998. (Ord. 1312 § 2, 1970; prior code § 9.56). 5.36.280. o Hearing—Decision of determination. .....a t..a...........t.a a a a ......,..a..+....aa.a,aa..a+.a..,+a+.,aa.+..a+.,.a.+....,+.....,a...................at.a+ .a....}............+....,....a+......+.........+.a.......+.a a...a.•,a. At the conclusion of the hearing, the city manager shall make an order. Such order can; A. Dismiss the charges; B. Suspend or re-yoke the license or permit; or 14-102 2014-01-07 Agenda Packet Page#42 C. Affix such other conditional and probationary= orders as mar be proper for the enforcement of this ha t r. A copy of the decision speci ring findings of fact and the reasons for the decision shall be furnished to the license or permit holder. rd. 3,025 § 1. 2005; Ord. 1 12 § 2. 1970; prior code § 9.57). 5.36.290 Effect of decision sta •ed Fh n. ...............................................................................A......................,..,.......,.............,................. ...,.,...,,.....................4............. +....�s...�+ Repealed b � Ord. 2 718§ 1, 7998. (Ord. 1312 § 2. 1970; prior code § 9.58). 5.36.300 Hearinor Not.r ulr d when Effect. 12.. 44............................s..•......... .............................,. ......r..... .................................rt ............................•..•......•........ Repealed Ord 2 718 , 1998. (Ord. 1312 § 2. 1970 prior code § 9.5 9). 5.36.310 Appeal—Petition ruir�etl. r.,.a.........+..;....+.�..�. ................+......,...+,,.....,......+,..............,.,..,...+.,..............++.rt...++++r,+++i.+++,..+•.,,rt+...+, Repealed bY Ord 2 718§ 7, 1998. (Ord. 1312 § 2. 1970; prior code § 9.60). 5,36.320 Appeal..=.Public hearing—Notice—Effect decision. - ,4.........,_�+r_ +....4................................................................4.......*i�..+.+...i...}#...,rt,...++..+rt+...i....+..+rt 4............. Repealed bY Oral 2718§ 1, 7998+ {Ord. L'12 § 2. 1970; prior code § 9.6 1 . 5.36.325 Unlawful operation declared nuisance. ...........................................i..,..r..,rt,f..rt.._.rt....+............................................................................,................................................................................. And=massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereb y declared to be urdawful and a public nuisance. The c1tv attorney mar. in addition t . or in lieu of prosecuting a criminal action hereunder. commence an action or actions. proceeding or proceedings for abatement. removal or enjoinment thereof. in the manner prop#ided b v lal%-%7. The cit y attorney shall take such other steps and shall apply t such court r courts as near have jurisdiction to grant such relief as shall abate or rem ove such massage establishment and restrain and enjoin am person from operating, conducting. or maintaining, a massage establishment contrary to the provisions of this chapter. (Ord. 3025 § 1. 2005). 5.36.330 Violation —Penalty. ............... ....*,.s.,.,..,....,...,..............-t,.rtrs„y.+..+rts..+.rts.rt................... A. E e v person. except those persons Nvho are specifically exempted b y this chapter. \rhether acting as an individual. N\mer. employee of the \\ er, operator or employe of the operator: or whether acting as a mere helper for the )Amer. employee or operator; or -whether acting as a participant or worker in any wav. who gives massages or conducts massaiie or holistic health establishment or room, or who does or practices any of the other things r acts mentioned in this chapter without first obtaining a permit and paving for a license so to do from the cite. or shall violate any provision of this chapter is guilty of a misdemeanor. } B. Any NNmer. operator, .-manager, r per ittee in charge r in control .massage r holistic health establishment -N.h l n wingl � em l �s a person performing a.massage technician or holistic health practitioner as defined in this chapter who is not in possession of a 'alld permit, or who all ows such an employee to perform, operate or practice within such a place of business. is euiltv of a misdemeanor. C. Any massage or holistic health establishment operated, conducted; or maintained c ntra v to the provisions of this chapter shall be and the same is hereby declared to be } unlaN,% ul and a public nuisance and the cite att me v ma y. in addition to r in lieu of prosecuting a criminal action hereunder, revoke the business license pursuant to the 14-103 2014-01-07 Agenda Packet Page#43 procedure set forth in CVMC .3 .2 o, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage or holistic health establishment contrary to the provisions of this chapter. (Ord. 3025 § 1, 2005; Ord. 2256 § 3, 1988; Ord. 1312 § 2, 1970; prior code § 9.62). 5.36.340 Operative date —Grandfather clause. .•...........i#F++++.r4.....• ............rr+t+++.+..............•.....r Y++..+.............*............................rF4.+t Oar+a4+........+....•a...t.......•................t.. ............................ All persons holding a 1 valid massage technician permit, 2 valid holistic health practitioner permit, or an off-premises massage pen-nit and a 1 current business tax cert M City of Chula Vista C,1111,16R,� STA, Legislation Text File #: 13-0201, Version: 1 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 5.28.010 OF THE CHULA VISTA MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF FIREARMS DEALER LICENSE ANNUAL FEES AND SECTION 5.28.015 TO REQUIRE ANNUAL INSPECTIONS OF FIREARMS DEALERS BY THE POLICE DEPARTMENT (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. City of Chula Vista Page 1 of 1 Printed on 1/2/2014 IV powered I IL..........eglstar 11 m 2014-01-07 Agenda Packet Page#45 i ORDINANCE NO. RM ANICE OF THE CITY OF C ULA VISTA A IENDfNG SECTION 5.28.010 OF THE CHULA VISTA N41JNICIPAL CODE TO AUTHORIZE THE COLLECTION OF FIREARMS DEALER LICENSE AN U L FEES AND SECTION' -5.28.015 1 TO REQUIRE ANNUAL I\TSPECTI S OF FIREARMS DEALERS BY THE POLICE DEPARTMENT " EREAS. the State of California Penal Code permits local licensing authorities to assess fees to recover their fall costs of processing applications for a firearms dealer license; and; WHEREAS, the existing City of Chula vista ordinance relating to Firearms Dealers precludes the cite from collecting a fee.- and. WHEREAS, the Police Department must complete an inspection of the firearms dealer business as part of the approval process. NOW THEREFORE the City Council of the Ci r of Chula Vista clues hereby ordain as foll ows: Section I. Chula Vista Municipal Code Chapter 5.28 is hereby amended to read as shoNNrn in attachment A. Section II. Severabilit ' 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 in-%talidit .. unenforceabilitv or unconstitutionality shall not affect the validity or enforceability of the remaining portions the Ordinance, or its application to any other person or circumstance. The Cite Council of the Cite of Chula Vista hereby declares that it would h ire adopted each section; sentence; clause or phrase of this Ordinance. irrespective of the fact that any one or more other sections, sentences. clauses or phrases of the ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The Cite Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal later and this Ordinance shall be construed in light o f that intent. Section IV. ffecth Date This Ordinance shall tale effect and be in force on the thirtieth day after its final passage. DAttorneNVINIAL RE SOS ANID ORDINANCESQ10 1311? 17 13 Ordinance-Finance- faster Fee-F.doc 12/11 1 12:21 PM 1 --107 2014-01-07 Agenda Packet Page#46 Ordinance Page Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the sane to be published or posted according to law. Presented y: Approved as to fora by: acrid Bejarano Glen R. Goo ins Chief ofPolice City Attorney J:\Attomey\F1NAL RESO S AN D 0 RD IN A E 1?01 \1? 17 13\Ordinance-Finance- Iaster Fee-I=.doe 1?/11/61013.12:21 Ph i 1 --108 2014-01-07 Agenda Packet Page#47 Chapter 5.28 FIREARMS SALES* Sections: 5.28.010 License required-Statutory authority applicable. 5.28.015 Annual inspection required 5.28.00 Purpose. 5.28.030 Definitions. 5.28.040 Provision of safe firearm storage device. 5.28.050 Provision of safe firearm story a materials. 5.2 8.060 Acknowledgment of receipt by purchaser. . 8.070 Representations. 5.28.080 0 Exceptions. ' For statutory authority for cities to license businesses for poses of revenue and regfulation, see Goy. Code § 7101. 5.28.010 License re uired - Statutory auth rit r piicahle. ..............................---.---............... .....................................................................n...... ........................................._....................I......I................ No person shall engage in the business of selling, or otherw=ise transferring: or advertise for sale or transfer, any pistol, revolver or other firearm capable of being concealed upon the person; without first obtaining a license from the chief of police, which license shall be issued in accordance with the conditions and provisions contained in#= 4*,j ; ,; - Article L Chapter . Division 6. Title.. . Part 6 of the Penal Code. commenciney at Section 26700. T Baia r.13AI I I)e „E, C-hnrata &=w-t i s�,. nplp A *Li Q. .. In cordance with Penal bode%0 6J A A LL Section ')6705(d). a nonrefundable required fee(s). 6r the required renewal fee(s). shall accompany the submission of each license application. Such licenses. when issued=shall expire one v ar from the date o issuance and mar be renewed onl t box filing a tte request for renewal. accompanied bar the annual license fee and a copv of the license to be reneged. (Ord, 750; 1961). 5,28.015 Annual inspection required •• .. .. �•••••i•h •••F.t.............r-----................................................._.....-----..................--............................. The chief of police, or his designee. shall inspect each firearrns dealer in the city} for the Dumose of determining that the provisions of Penal Code Section 1 6575 are met. N • license to conduct business as a firearms dealer shall be granted unless an inspection -reveals that the business complies with all provisions. An inspection must be com feted at least once per vear at the time of license application or renewal. 5.28.020 Purpose. The purpose of this section related to trigger lock and safe firearm storage is to reduce the incidents of accidental gun deaths caused b the unintentional discharge of a loaded firearm. Ten (10) percent of all gun deaths in the United Mates are caused by accidental or unintentional discharge of a loaded firearm. One out of three deaths from accidental 14-109 2014-01-07 Agenda Packet Page#48 firearm discharges could be prevented by a firearm safety device. Most children who accidentally injure or kill themselves or a friend do so while playing with a loaded - firearm found in their home or a friend's home. The number of accidental deaths and injuries attributed to firearms and other weapons is unacceptable and warrants stricter control over the handling and storage of lam] firearms. Firearm owners have a responsibility to keep the public safe from the consequences associated with the proliferation and unsafe storage of firearms. Trigger locks or other similar devices, when properly used, can prevent the accidental discharge f firearms. This city has an interest in encouraging firearm oiArners to store their firearms in a safe manner and out of the reach of children. (Ord. 2774 § 1, 1999). 5.28.030 Definitions, ................................................................................................................................................................................................................................ For the purposes of this chapter, the below terms are defined as follows: A. "Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, from rhich a projectile is expelled through a barrel by the force of explosion or other form of combustion. B. "F%ire arm dealer'' means any person licensed by the city pursuant to California Penal Code Section 12071 for the retail sale of firearms within the city of Chula vista. "Firearm dealer*" shall not include persons involved in transactions excluded under California Venal Code Section 12070. C. "Safe firearm storage device" or "safe storage device' shall mean any of the following devices, the proper use of which will prevent the unintentional discharge of the firearm; 1. A lockable hard plastic or metal box capable of covering the whole of the firearm sold. The box shall have, or shall be provided with, a lock. 2. A soft case with an outer shell made With a heavy canvas or ballistic nylon capable of covering the whole firearm sold. The case shall have a zipper capable of being locked shut. The soft case shall have, r•shall be provided with, a lock. 3. Any type of reusable locking device that is capable of rendering the firearm sold, leased, or transferred inoperable, when properly installed by keeping the trigger from releasing the sear, thereby dropping the firing pin, or locking the action of the firearm open so it will not go into battery. Any device integrated into the firearm by the manufacturer which meets the criteria of this paragraph shall qualify as a safe firearm storage de,%;,ice. 4. All locks or locking devices sold, furnished or made available in order to comply with the provisions of this chapter shall have a key or a combination with at least three tumblers. A firearm "safety., shall not be considered a safe storage device for purposes of this chapter. (Ord. 2 774 § 1, 1999). 5.28.040 Provision o safe firearm st ra c de ice. ..................................................................................................... ......................................................................................................... A. It is unlarful for any firearm dealer to sell, base or otherwise transfer ownership of any firearm without also providing with the firearm a safe fireann storage device 1 -110 2014-01-07 Agenda Packet Page#49 designed to prevent the unintentional diseharc-re of the firearm being sold. leased. or transferred. B. The safe firearm storage de ri e shall be locked in place; properly attached to, or properly coven'na.. the firearm at the time it leaves the firearm dealer's premises. C. Nothing in this chapter shall prevent the firearm dealer from recovering the cost of providing a safe firearm storage device by eharaing a price for the safe storage device, either separately or as part of the price of the firearm. rd. 2774 § 1. 1 999). . .0 o Provrlsion safe firearm storage materi .............................................................................................. It is unla ful for any firearm dealer to sell, lease or otherwise transfer olAmership of an y firearm without providing x%pith the firearm printed-material: approved by the chief f police, that advises the user f safe fire �rn storage practices. rl. ?774 § 1. 1999). . .o o Acknowledgment ofreeei ba. urehaser. ,,,,.,,.,..,..,.....,...,.,.. ..,,,,, ., ,,,.,..,..,.,....,.....,. .............................................................. ,..................................................................... In connection A th the sale, gift, loan or transfer of a firearm, the firearm dealer shall obtain from the person receiving the firearm a sued a kno wlede ent that a trig er locking or similar device required by CVMC .o , and the printed material required by CVMC 5.28.050, has been Provided with the firearm. The acknowledgment shall be in a form approved by the chief of police. The firearm dealer shall retain sued acknowledgments of receipt in the same manner and to the same extent as required by state lair for other firearm transaction records. (Ord. 2774 § 1. 1999 . 5.28,070 Representations. ....................4........... ............................................................_...f............................t............................................................+.................................... A firearm dealer "rho has fully complied with the provisions of this section relatina to trigger locking or similar devices shall not be presumed to have made anv representation to the transferee retarding the safety or appropriateness of the use of the trigger locking or similar device, nor shall the fig- nn dealer be liable in any ivil action brought against the firearm dealer, to the extent such liability would be based solely upon the act of furnishing the trigger loekincy or similar dice to a person in compliance with this section. (Ord. 2774 § 1. 1999). , 5,28,080 Exceptions. ..................................... ........,............,......................,...,.,..,...,..,............................................................................................................................ A. The requirements of CVMC 5.28.040. 5.28.0 and 5.28.060 shall not a piv to firearms that have been determined b y the Director of the Bureau of leohol. Tobacco and Firearms, Department of Treasure: to be curios or relics under federal lain. B. The requirements of CVMC 5.2 8.040, 5.28.050 and 5.2 8.060 shall not apply to firearms rented at a licensed range for use on the range and shall not apple to tem or nr lending transactions in which the firearm does not lean the premises of the firearm dealer. rd. 2774 § 1; 1999). 14-111 2014-01-07 Agenda Packet Page#50 M City of Chula Vista C,1111,16R,� STA, Legislation Text File #: 13-0202, Version: 1 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 9.12.160 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO BINGO LICENSE APPLICATION FEE REFUNDS (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. City of Chula Vista Page 1 of 1 Printed on 1/2/2014 IV powered I IL..........eglstar 11 m 2014-01-07 Agenda Packet Page#51 RDFNANCE NO. ORDINANCE of THE CITY OF CHULA VISTA AMENDING SECTION 9.12.160 of THE CHULA VISTA MUNICIPAL CODE RELATING TO BINGO LICENSE APPLICATION FEE REFUNDS i WHEREAS, Section .12.1 of the Chula Vista Municipal Code requires the payment of an application fee with h bingo license application and states that "Ire the evert an application is denied, 50 percent of the investigation fee shall be refunded-" .nd WHEREAS, the City entered into a contract with NBS to conduct studies necessary to determine the direct and indirect costs associated various administrative and regulatory activities conducted by the City; and - - WHEREAS, the Cost of Se lie Study of User and Regulatory Fees; Selected Departments — fart 1, prepared by SIBS does not identify any cost savings to the City resulting from denied bingo license applications; aria WHEREAS, refunding a portion of the bingo license application fees to denied applicants reduces cost recovery for this activity. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chula Vista Municipal Code section 9.12.1 is. hereby amended to remove the partial refund requirement for denied applications, and shall read as follows: 9.12.160 Bingo—Terrn of license and fees. B. For a new license application or for each change in the bingo chairpersons who will manage the bingo game, there shall be a non-refundable fee for investigation and for processing the applicant's fingerprints. The required fee(s) shall accompany the submission of ch application. Section II. Severabiiiy 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, unenfor eability or unconstitutionality 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 City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections,, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. MAtt r eyTI AL R1Es s AND RDJ IA ESQ 201 \1 17 1 \Ordinance-Fin n e-Master 1~ - .doe 12111120 13 12:2)3 PIS 14-114 2014-01-07 Agenda Packet Page#52 Ordinance Pane Section III. Construction The City Council of the Citv of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict; applicable state and federal la and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance shall take effect and he in force on the thirtieth dav after its final passage. Section V. Publication The City Clerk shall ertif r to the passage and adoption o this Ordinance and shall cause the same to be published or posted according to lay. Presented By: Approved as to form by: Maria Kachadoorian Glen R. Gooclin Finance Director/Treasurer City Atrner MAttornevkHNIAL R-ESOSANID oR1 i E 1`7 1 I1 17 l.3lordin .n e-Fin ance- ter Fee- .doe r 11111? 1i1 :?3PM 1 -115 2014-01-07 Agenda Packet Page#53 M City of Chula Vista C'1111,16R,� STA, Legislation Text File #: 13-0203, Version: 1 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 5.38.030 OF THE CHULA VISTA MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF PAWNBROKER, SECONDHAND AND JUNK STORE DEALER LICENSE BIENNIAL RENEWAL FEES AND SECTION 5.38.120 TO AUTHORIZE THE COLLECTION OF PAWNSHOP EMPLOYEE IDENTIFICATION CARD ANNUAL RENEWAL FEES (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. City of Chula Vista Page 1 of 1 Printed on 1/2/2014 IV powered I IL..........eglstar 11 m 2014-01-07 Agenda Packet Page#54 oRDr TANCE NO. DRDE'sIANICE OF THE CITY OF H LA VISTA MENDE\TG SECTION 5.38.030 of THE CH LA VISTA MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF PAWNBROKER, SECONDHANID SECONDHAND AND JUNK STORE DEALER LICENSE BIENNIAL RENIE SAL FEES AND SECTION 5._'38.120 TO AUTHORIZE THE COLLECTION' OF PANNTNSHOP EMPLOYEE IDENTIFICATION TION CARD N-NI AL RENEWAL FEES WHEREAS,, the State of California Business and Professions Code 21641 permits local licensing authorities to assess fees to recover their fall costs of processing applications for pawnbrokers. secondhand, or*un store dealers; and WHEREAS, the State of Califomia Department of Justice license for a pawnbroker, secondhand, or junk sure dealer is valid for two years; and, lr IEREAS. the existing City of Chula Vista Municipal Code Section 5.38.030 relating to Fbrolers, Secondhand, and Junk: Store Dealers does not specify the tern of a license: and. WHEREAS. the existing City of Chula Vista Municipal Code Section 5.38.1 20 relating to pawnshop employee identification cards does not specif-r the valid term of a card. NOW THEREFORE the City Council of the City of Chula Vista sloes hereby ordain as follows: Section 1. . Chula Vista Nluru*cipal Code Chapter 5.38 is hereby amended to read as shown in attachment A. Section II. Severability 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; unenforceabilitv or unconstitutionality shall not affect the validity or enforceability of the remairung portions of the Ordinance. or its application to any other person or circumstance. The City Council of the Litt of Chula Vista hereby declares that it -%-N;,ould have adopted each section. sentence, clause or.phrase of this ordinance, irrespective of the fact that any one or more other sections, sentences. clauses + or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. J:1Attome,* Fi AL RE SOS AND ORDF+A N ESI? 1 11 2 17 13\ordinance-Finance- faster Fee-Kdo W 1 111 I?0 13 12:02 PN I 2014-01-07 Agenda Packet Page#55 Ordinance Page 2 Section 111. Construction The City Council of the Cite of Chula Vista intends this Ordinance to supplement; not to duplicate or contradict, applicable state and federal laver and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and he in force on the thirtieth day after its final passage, Section V. Publication The City Clerk shall eertif r to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented : Approved as to form by: Paid Bejarano GFen R. Gooins I Chief of Police City Attorney JAAttomeyTINIAL RE SO AN i DINANCES12 13\12 17 131 rdinance-Finance-mast r Fee-H.d oc 12/11/2013 12.02 PM 1 -120 2014-01-07 Agenda Packet Page#56 c Chapter~ 5,38 PAWNBROKERS, SECONTHAND ANA JUNK STORE DEALERS* S Sections: 5.38.010 License—Required—Faxes—Prerequisites— Scope. 5.'.38.020 Definitions. 5. .0 o License—Permit prerequisite—Investigation fee—Application—Contents required. 5.3 8.04 o Fax%mbroker or secondhand dealer—Records to be kept. 5.38.050 Fax%mbroker.junk or secondhand dealer—Reports required—Time. 5.3 8.060 Paximbroker or secondhand dealer—Records and reports—Contents required. 5..38.070 Junk dealer or collector records to be kept. .3 8.080 Use of fictitious rya.me prohibited. _J8.085 Transacting business with minors prohibited. 5.3 .090 Disposal of merchandise—1estrictions, J8.100 Hours and days for conducting business. 5.38.110 Exceptions to applicability—Donations. , 5.38.1 pax%mshop—Emplovee identification card required. 5.38.130 Junkyard; secondhand dealer or auto wrecker—Compliance required— Generall y. . 5.3 ,1 Junk secondhand dealer or auto wrecker—Enclosure required. 5.3 .1 Junkyard, secondhand dealer or auto wrecker—Gates on fence. 5.38.1 Junk vard, secondhand dealer or auto Arrecker—Permitted height of stored materials. 5.3 .1 Junkvard4 secondhand dealer or auto wrecker— Signs or materials not permitted where. 5.3 8.180 Junk Lard, secondhand dealer or auto wrecker—Inflammable liquids to be drained roan vehicles. T . .1 o Jul: ard, secondhand dialer or auto wrecker— Inspection requirements. 5-38.200 Junk-yard, secondhand dealer or auto iNTeck r— Compliance required— . License prerequisite. 5.38.21 o License—Revocation or suspension when. 5.38.220 License—Public bearing on suspension/revocation. For statutory provisions authorizing cities to license businesses for purposes of revenue and regulation, see Gov. Code § 3 7101: for statutory provisions authorizing cities to license businesses in the exercise of police polver, see Bus. and Prof. Code §§ 16000— 1600-3 . For provisions regarding auctions and auctioneers, see state l %Nr. 14-121 2014-01-07 Agenda Packet Page#57 5.38.01 License— Required—Tapes—Pere urxes — Sc e. i •+.t.aa....t.•t......#t•t...........................ti,.,ra +..ai#..................._.......at..t....t.,.a..,..,. ,..,. . #r,t.,,.,..,a . ........................f.a_aa_aaaaa.aaa,.....,..a..,.a•t...,.,,. Every person conducting, engaging in, or carrying on the business of pawnbroker or junk or secondhand dealer or collector shall possess a valid, existing and unrevoked license therefor. Such license or licenses shall be issued by the director of finance of the cite upon the payment of a tax as presently designated, or as may in the future be amended, in Section . Sao 10 of the master tax schedule in CVMC 5.0 7. o ff pro ided. however, that said director of finance shall not issue any such license without the consent in Titing first having been had and obtained from the chief of police and presentation of'the police permit, as required pursuant to the provisions of CVMC 5.3 8.020, et seq. Nothing in this section or this chapter contained shall be deemed or construed to apply to the loaning of money on personal property or personal security by any bank authorized to do so under the lass of the state. (Ord. 2408 § 1, 1990; Ord. 1560 § 1, 1974; Ord. 1 462 § 1, 1973; Ord. 1294 § 1, 1970; Ord. 1 009 § 1, 1 966; prior code § 18-62). 5.38.020 Definitions. ....a.......,..a...............................................................I......•..................f,Ffta.IFitfa F+t.i.4.li.*..ia4•#4.a.F..4.1..4i Fil4i t4#l.#1t+.14M F.#.*#af..+.l+,..#4.,.41.............................. For the purpose of this chapter and the licensing requirements of CVMC Title 5, the following definitions shall apply- A. "Auto recycler" means and is any person engaged in the purchasing of motor vehicles or used motor vehicle parts or used motor vehicle motors, as the term "motor vehicle" is defined in the California Vehicle Code, for the purpose of reconditioning and salvaging, or dismantling or disassembling, parts, materials, tins and accessories; for the purpose of reconditioning any other motor vehicle, or selling or otherwise dealing in the materials or parts of motor vehicles; or for the resale of such items. Any person who has dismantled three or more motor vehicles for the above purposes during any one calendar year shall be classified as an auto recycler, B. "f unk collector" means and i s defined as a person not having a fixed place of business in the city who goes from house to house, or from place to dace, gathering, collecting, buying, selling or otherwise dealing in any old rags, sacks, bottles, cans, papers, metal (including gold or mercury), or other articles commonly known as junk. C. '"Junk dealer" means and is defined as a person, not an auto wrecker, having a fixed palace of business in the cite and engaged in conducting, managing or carrying on the i business of buying; selling, or otherwise dealing in old rags, sacks, bottles, cans, papers, metal (including gold or mercury), or other wom or discarded articles, either at wholesale or retail. D. "Pawnbroker" mans and is defined as a person engaged in, conducting, managing or carrying on the business of pawnbroking, or the business of loaning money, for himself or for any other person; upon personal property, or the business of purchasing articles of personal property, and reselling or agreeing to resell such articles to the vendors, or their assigns, at prices agreed upon at or before the time of such purchase. E. "Pawnshop"" means and is defined to be any room, store or place in which any such business is engaged ire, carried on, or conducted. 14-122 2014-01-07 Agenda Packet Page#58 F. "Secondhand dealer" means and is defined as any person buying.. selling or othervs ise dealin in secondhand goods. wares and merchandise, other than a used car dealer, dealer in secondhand books or m ga. Ines. or secondhand clothing. (Ord. 2037 § 1, 19831 Ord. 1931 § 1, 198 1: Ord. 1769 § 1. 1977: Ord. 1008 § 2. 1966: prior code § 17.1 . 5.38.030 License—Permit prerequisite—In 'es i ation fee—Application— Contents required.....................,..................................,,....,..,,. .........w. 1 to license shall be issued to am pay%nbrokerf junk or secondhand dealer in the cite as defined herein pursuant to the pro visions contained in CVMC 5.38.010 without the xNTitten approval and a permit therefor having been obtained from the chief of police. The chief of police shall charge a nonrefundable required fee (s), or the required rene wal fee(s): to cover the cost of investigating the applicant. Such licenses: when issued. shall expire two gears from the date of issance and may be renewed only-her filing a Titten request for renewal; accompanied by the ]icense fee and cope of the license to be renewed. Every person xvishing to engage in the business of pa "broker or junk or secondhand dealer shall file an application for a permit; signed by the applicant, with the chief of police, and the application shall show the following information: 1. Permanent home address and full local address of applicant; 2. A brief description of the nature of the business and goods to be sold; J. A photograph of the applicant, taken within 60 da ys immediatel y prior to the date of the filing of the application. which picture shall be t Nro inches by two inches. shoNing the head and shoulders of the applicant in a clear and distinguishing manner: Y 4. The fingerprints of the applicant; . A statement as to whether or not the applicant has e rer been convicted of any offense involving stolen property, and if so, the details in general of such convictions. and specif ring the particular crimes or misdemeanors involved and the slates and places of such com ictions. B. In the event that the chief of police, upon investigation, should determine that the issuance of such a permit to the applicant Nvould be detrimental to the public health, safety. and general welfare of the cite, either because of the moral character of the applicant or the creation of a policing problem as a result of the establishment of a pa %"shop or junk or secondhand shop in a particular location, or shoeing that an i increase in the number of pa,%Nmshops or junk or secondhand shops over and above the existing number within the cite would be detrimental to the public health, safety and general welfare. said findings shall be prepared in Nvniting and delivered to the applicant. The applicant rnav, upon receipt of such notice of denial, appeal such denial to the city council: within 10 days of the receipt of the denial, by filing a notice of appeal with the city clerk of the cite. The council shall set the matter of the denial for bearing in the same manner as set forth in C S C 5.3 8.210 and 5.3 8.220. (Ord. 2506 § 1, 1992; Ord. 2408 1, 1990. Ord. 1961 § 1 1982: Ord. 1931 § 1. 198 1; Ord. 1008 § 2. 1966: prior code 17,2), y 14-123 2014-01-07 Agenda Packet Page#59 .3 .o o Pawnbroker or secondhand dealer—Records to be e . .+.................aa..++.+..++++........+......,,.,.a,..+..+++.+++a...+................---+...............,..,.,....,....,,...,..,.,.,,..,.,,.a,a..aa................ .....,............,,..,.................................. All paNNmbrokers and dealers in secondhand articles of eery kind, nature and description shall keep a record on forms approved by the chief of police of any and all articles acquired by such persons by purchase, pledge or otherwise. Each transaction shall be kept in chronological order concurrent with the making of said transaction, and shall at all times during ordinary business hours be open to inspection by any police officer of the city. (Ord. 193,1 § 15 1981, Ord. 1008 § 2, 1966; prior code § 17.3(A)). 5.38.050 Pa�iRnbrol r,gunk or secondhand dealer—Reports required„-,..Time.,,,....,+.._.+..+++++ ............................. ..+.............a..........,..,..,........,,....a..a......,....,.,..,.................,............, ,,...,.............. A. Every pawnbrol er; secondhand and i unk dealer, on each day except Sundays and legal holidays, before the hour of 1 0:00 a.m., shall m ake and deliver to the chief o f police, in Titing, upon blank forms of a type and content as approved by the chief of police and provided by said pawnbroker or k dealer, a full, true and complete report, in chronological order, of all dealings in secondhand goods, wares and merchandise by such pawnbroker or funk dealer during the 24 hours preceding said report. B. Exceptions. The following are excluded from the operation of this chapter: 1. Secondhand property which a dealer has acquired from another person who, under applicable state and/or local lays, has previously reported such secondhand property to the appropriate police agency. The dealer acquiring such property shall keep records of all such acquisitions,, which shall be presented to the police department upon demand. (Ord. 1931 § 1, 1981; Ord. 1769 § 1, 1977; Ord. 1008 § 2, 1966; prior code § 17.3(B)). 5.38.060 Pawnbroker or secondhand dealer—Records d reports—Contents required. ++.,a+t,,..,:,....,.a..,.t,.+.++.,.a4.,+.af.a•a.a aa.............•.............,i 4i t,FF+Ffa Fi+t+k,,.+1,t4+++,4,F,.+.....,,...t...•........t..,.•....t..,+.......,.,,......,.......................•,,..,,� The records and reports described in CVMC 5.38.040 and 5.38.050 shall contain the time of day Nvhen the article was purchased or received, a complete description of each article purchased or received, and a reasonable description of the person or persons from whom purchased or received, or with whorn dealt, and the true name and address of such-person or persons, as nearly as same is kno wn to, or can be ascertained by, the person making such report, and a certification by the intended seller that to his or her knowledge and belief the information is true and complete. If any such article purchased or received has engraved thereon an), serial number, word or initial, or contains any setting of any kind, the description of such article shall contain such serial number, word or initial, and shall show the kind of setting or settings and the number of each kind. Such records shall also contain the amounts of money loaned and the length of time during Which such loan is to continue and the rate of interest exacted for such loan. Any such report made, delivered or received pursuant to this chapter shall be open only to the inspection of the police department of the city, unless exhibited by order of court o f competent j urisdiction. (Ord. 1931 § 1, 198 1: Ord. 1008 § 2, 1966; prior-code § 17.3C . 14-124 2014-01-07 Agenda Packet Page#60 5.38.070 Junk dealer or collector— Records to be kept*..... ............................. .......... All persons engaged as unk dealers or collectors shall beep a record of any and al articles acquired by purchase, s Nrap or other-wise. which record shall contain the name and address of seller, elate of transaction and such other information as ma y be required by the chief of police. Such records rna v be destroved after one vear. Any such report or record made; delivered or received pursuant to this chapter shall be open only to the inspection of the police department during ordinary business hours, unless exhibited b y order of a court of competent jurisdiction. rd. 1 008 § 2. 1 966; prior code § 17.4). 5.38.080 Use o fictitious name prohibited. ............++,.++t+.++t#+i-+#.,+#++t+i+++++#•+t++t++#.+tt+.+r.+..*.+.............. ...t t..t..t.........+„+.......+...........0...,..,.......,...........t.t......t.....a.aa.+at.aa.aat+.tta.................................. It is unla N ful for an y person to sign or gi ve a fictitious name or address upon the deposit. sale or pledge of any goods, wares, merchandise or thing of value. or for use in the report fon n required to be made b F the provisions of this chapter or for r use in the register required to be kept by the provisions o f Section 3)39 o f the Penal Code. (Ord. 10 0 8 . 1966; prior code § 17.5). 5.38.085 Transac incy business l-ith nminors �]robibi ed. ..............t.........................rtt..tii,.t+irt+ 4#t,+}+.#+a*t+t..tt.t.tt....t......t..................++i.+a +...........t.t..t..t....at.t 4tt.t.tt.t ...................... No pambroker or secondhand dealer or junk dealer shall purchase or receive in pledge any personal propert y from anv person under the age of 18 years. (Ord. 1931 § 1. 1981). r 5.38.090 os — � aY merchandise Restrictions. .t....t......................t..t...,.,...._..,t.*.tt.............t...........+.tt+*,##.t.+#..t+_#.t+at.at.a.a*at.a#.t..+.ttt+.#a.#t.t.,.#.a.a+t*+.taa#a..t#.t t...........................,.a It is unlaNNTul for any p mbroker or secondhand dealer to sell or othemise dispose of any article; merchandise or object %rithin 3o days. except to.the pledgor after same has been received or purchased, or to fail to keep such article, merchandise or object unaltered.. as pledged or purchased. in lots separate and apart from other articles, merchandise or p objects in the lace of business of such paxN bro er or secondhand dealer in the city for a period of 30 days from the fate of pledge or purchase thereof; except upon the approval of the chief of police; provided, however, that Junk- dealers; collectors, and secondhand dealers may, upon approval of the chief of police, sell or otherwise dispose of any such items within seen dais. (Ord. 1931 § 1. 1981; Ord. 1008 § 2, 1 966; prior code § 17.6 . 5.38.100 Hours and days for eonductin business. t.t..t..............t...........,.....,...t,....,.,#t#.#t.t.a...t..t.tt....................._a*aa.....t .t.t...........,..,.,.,,.+...at+tattaa.ata..a.t..a.t.t_.tta.t..tt....tt............t....t......*+t_at................... It i �unlaNNTul for n person conducting, managing ing or carr ing on the business of pa\\mbroker or secondhand dealer. buying or selling used j eir �. watches. diamonds; clothing, musical instruments. luae and sports goods. except a dealer in secondhand %.%. automobiles or furniture, to conduct such business as follows: A. B et% een the hours of 6:30 P.m. and :3o a.m- on wee da vs. except that during the month of December such places of business shall be permitted to remain open until 9:00 P. 14-125 2014-01-07 Agenda Packet Page#61 B. t Teen the hours of 6:30 p.m. on Saturday and 8:30 a.m. on Monday; C. on the followig holidays: New Year's Day, Memorial Day, the Fourth of July, Labor Day, Than sgi ping flay, and Christmas Day. (Ord. 1 008 § 2, 1966; prior code § 17.7). 5.38.110 Exceptions t licabilit —Donations. .................+„+..............• .++,.......... ...........+..•... ........_........,.....,....,..,.,,..+++................................................,........,.......,,+.+..+.......I.......... The Provisions of this chapter shall not apply to any person who sells or deals in secondhand goods, wares or merchandise which have been donated to said person or the organization wbich he represents. A donation occurs, for the purposes of this chapter, when n a gift is made to the person or his orgni � ation, for whi h gift no money, property or other goods or services of value are exchanged or to be received in the future. (Ord. 1008 § 2, 1966; prior code § 17.8). 5.35.120 svt€nsho. •.-. l , identification card required. •i,,,•+.,.+�•...•..+...,.,...............�--.... +.F.,..•..•........t+r.+++.F...................• ...................,.........,.,,.......,,,,..-,,,.............................. Every person who is to employed by the owner of the pawnshop in the conduct of the Business shall first file an application for an identification card, signed by the applicant with the chief of pollee. The application shall show the following inf rmation: A. 1ernnanent hone address and full local address of the applicant; B. A photograph of the applicant, taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner; C. The fingerprints of the applicant; .nt; D. A statement as to whether or not the applicant has ever been convicted of any offense involving stolen property, and if so, the details in general of such convictions, and specifying the particular crimes or misdemeanors involved and the dates and places of such convictions. No person carrying on the business of a pawnbroker shall employ anyone ho has not rceird such a police identification card and such identification card shall not be issued if the applicant has been convicted of a crime involving stolen property. A. nonrefundable required fee(s), or the required renewal fee(s), shall he charged for such identification carol. Such identification cards, when issued, shall expire oiie year from the date issuance and may he r tiew d only by filing a written request for renewal accompanied by the annual license fee and a copy of the license to be renewed. (Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1 990; Ord. 1961 § 1, 1982; Ord. 1931 § 1, 1981; Ord. 1680 § 1, 1976; Ord. 1008 § 2, 1966; prior code § 17.9). 14-126 2014-01-07 Agenda Packet Page#62 5.38.130 Junkyard, secondhand dealer or auto wrecker— Compliance required— � n rally-. - #...#...................t............_......+r,,....................................................#+........#.+......................................................................._..,.._...............,.................... It is unlFful for any person to carry on, maintain r conduct the business of j unk dealer, j unk collector; salvage or j unk =ard. or j u.nk or secondhand material storage or to deal in secondhand articles, other than motor vehicles, in the cit�t# or to carry on, maintain or conduct the business of auto Nvrecker, whether conducted ire conjunction NN"ith the sale of used motor vehicles or not, unless such business is carried on, maintained or conducted in compliance Nvith the regulations set forth in this chapter, (Ord. 1008 § 2. 1966; prior code 17.10). 5.38.140 Junh-vard, secondhand dealer or auto wrecker—Enclosure required. ......................................t......................i#+.•+...+.......................,....,................+.r+#.r......,.,......................................................... ................................. Any business described 1n CVMC ,3 .130 shall be carried on, maintained or conducted Any . entirely inside an enclosed building. unless the premises on whi h such business is carried on, maintained or conducted is entirely enclosed by a solid fence or gall at least six feet in height and constructed according to the requirements of the building code. The one or wall required by this section shall be maintamed in a neat, substantial, safe condition and shall be painted. (Ord. 1008 § 2, 1966; prior code § 17.11 . 5.38.150 Junk ya rd, secondhand dealer or auto wre ker—Gates o fence. .alai tai..............................*....................f+#i.r#i#++..._...•............,.........it...+#..................•......................r......•air}.............................................................#.f..4 Fence gates for access to the premises shall not wm'iz outwardly. and shall be kept closed when the prernises are not open for business. Not more than one gate shall be constructed and maintained on each side of the lot or parcel of real property n xvhi h such business ` is conducted, and no such gate shall exceed 20 feet inn width. (Ord. 1008 § 2; 1966; prior code § 17.12). 5.38.160 Junk yard, secondhand dealer or auto wrecker--Permitted height of stored materials. ............................0........... ........................i.r*+ir4..4.....................f+.#+i.4 i+t+i...................4.........#•i..4..i.4i......................................... +i#.+i#4+..•+.,• No junk-, secondhand articles, automobile salvaged parts, metals; tires or accessories shall be piled. or permitted to be piled; in excess of the height of the enclosing fence or wall.. or nearer than t%vo feet thereto. No automobile shall be stored or piled on top of another automobile. Ord. 1008 § 2. 1966: prior code § 17.13). 5,38.170 Junkyard, secondhand dealer or auto wrecker—Signs or materials not l ' �erntc vs-here. .........+..+........................................+#,+..++.......................+#...,+......................#.+._.#.#_.++._..+._.+......................................................+.+.#,..................#.+..+.. NO signs, new materials offered for sale,junk, secondhand articles, automobiles, automobile parts, metals, tires or accessories shall be displayed, offered for sale, stored i upon; or deposited upon any public street, alley, sidewalk. public parkway or other public place. (Ord. 1008 § 2, 1966-, prior code § 17414). 1 -127 2014-01-07 Agenda Packet Page#63 5.38.180 Junkyard, secondhand dealer or auto Nyrecker—Inflammable liquids to he drained fro rn vehicles. .,,..++,i a..,++k.................+........+,-+i++..,..t..,..........,.........•..•................................................................. ........................r-+t.....I.....+r All gas or other inflammable liquids shall be drained and removed from any unregistered motor vehicle located thereon. rd. 1008 § 2, 1 966; prior code § 17.15). 5.38.190 Junkyard, secondhand dealer r auto vre ker—Inspection requirements. .,,,.,,.,...-+........................ ......................+..............,.......+.,...................._................................................... ....................... ...........................,...+... The premises shall be so arranged that reasonable inspection or access to all parts of the premises can be had at any time by the proper fire, health, police and building authorities. (Ord. 1 008 § 2. 1 966; prior code § 17-16). 5.38.200 Junk yard, secondhand dealer or auto wrecker—Compliance required — Li ense r r c uisit . ............I........i +++i,+a+++++ .........................+.,.,,a++..+...+................,,.,.-,,,+-..............+...........,.....,....................,,.,....,.,,.,..,,..,,.,..,,..,,...+-+,.++....+.................. No license, nor any rene Nral thereof, shall be hereafter issued unless or until the chief of police has reported to the finance officer that the provisions of CVMC 5.38.1 through . .190 have been complied with. (Ord. 1008 § 2, 1 966; prior code § 17.17). 5.38.210 License— Revocation r suspensi 5.38 X220 License—Public hearing n sus ensionre vocation. •....................................#......ii+,rt..ii...a.. ........•........• ...................i................................,`............#.........4........................................ The City Manager shall refer the notice of appeal for hearina- in accordance pith Chapter 1.40 CICf and the licensee shall he notified In rriti of the time, place and date of hearin.: which shall he not less than 10 days. from the filing of the notice of appeal. If the license or licenses of any person licensed by this chapter is so revoked, no license shall he granted to such person to conduct or carry on such business within six months after such revocation. During the period of suspension or revocation,the Chief of Police shall sequester any pledged or pa%timed goods and hold said goods at the police station in the City or other secured location, and shall post an appropriate notice at the place of business that such goods may he reclaimed at the police station. (Orel. 271 1, 199 y Ord. 1761 § 1. 1977; Ord. 1008 § 2. 1966: prior code § 17-18(B)). 14-129 2014-01-07 Agenda Packet Page#65, M City of Chula Vista C,1111,16R,� STA, Legislation Text File #: 13-0204, Version: 1 ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER 5.14 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ART FIGURE STUDIOS (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. City of Chula Vista Page 1 of 1 Printed on 1/2/2014 IV powered I IL..........eglstar 11 m 2014-01-07 Agenda Packet Page#66 ORDINANCE NO. ORDINANCE of THE CITY OF CHULA VISTA REPEALING CHAPTER 5.14 of THE CHULA VISTA MUNICIPAL CODE RELATING To ART FIGURE STUDIOS WHEREAS, the City of Chula Vistas Municipal Code Chapter 5.14 provides r arulattion for the operation of Art Figure Studios; and, WHEREAS, the City of Chula Vista Municipal Code Section 5.14.020 defines an art figure studio; and, WHEREAS, the City of Chula Vistas adopted Ordinance Number 32.41 in November 2012 to regulate Sexually oriented Businesses; and, WHEREAS, the City of Chula Vista Municipal Code Section 9.13.020(H) defines are adult model studio in the same manner as the City of Chula Vista Municipal Code Section 5.14.020; and, WHEREAS, the City of Chula Vista Municipal Code Section 9.13.020(X) determines an adult model studio to be a Sexually oriented Business required to follow the provisions of Chapter 9.13; and, Now THEREFORE the City Council of the City of Chula Vista does hereby repeal Chula Vista Municipal Code Chapter 5.14. Section II. Se erahility 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 unconstitutionality 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 City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the ordinance be declared invalid, unenforceable or unconstitutional. Section 111. Construction The City Council of the City of Chula Vista intends this ordinance to supplement, not to duplicate or contradict. applicable state and federal lave and this ordinance shall be construed in light of that intent. Section IV. Effective ]ate This ordinance shall tale effect and be in force on the thirtieth day after its final passage. J AAttomeyTIINIAL RE S 0 AND F DI A N E Q?0 1 \12 17 1 lordinan e-Finance-Master Fee-I do 12/11/2013 12:2 PM 14-132 2014-01-07 Agenda Packet Page#67 Ordinance Page Section V. Publication The City Clerk shall certiN,to the passage and adoption of this Ordinance and shall cause the sane to e published or posted according to lava. Presented y: Apprred as to form y: A ,04_ eA David Beiarano Glen M. Goggins - c } � Chief Police Cite t , MAttome,AFENAL RESOS AND ORD INANCESU 013\1 17 1 \Ordinance-Finance-M t r I✓ee-I.dac 12/11/201.3 1 7:2 PSI 14-133 2014-01-07 Agenda Packet Page#68 M City of Chula Vista C,1111,16R,� STA, Legislation Text File #: 13-0194, Version: 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING UP TO $1,268,400 OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 6 GRANT RECOMMENDED ACTION Council adopt the resolution. SUMMARY On April 29, 2013, Caltrans Division of Local Assistance announced Cycle 6 Call for Projects for the Highway Safety Improvement Program (HSIP) based upon anticipated federal safety funding in the upcoming 2014 Federal Statewide Transportation Improvement Program (FSTIP) starting in October 2013. On July 16, 2013, by Resolution 2013-139, Council authorized staff to submit applications for two projects. The State recently notified staff that the City has been awarded two grants totaling up to $1,268,400 for: 1) Traffic Signal Modifications at four intersections: Fourth Avenue/"J" Street; Hilltop Drive/"L" Street; Third AvenuePH" Street; Third Avenue/"I" Street; and 2) Expansion of Adaptive Traffic Signal System at: East "H" Street between Hidden Vista Drive and Tierra Del Rey; and Telegraph Canyon Road between Canyon Plaza Driveway and Buena Vista Way. ENVIRONMENTAL REVIEW The Development Services Director 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 the governmental administrative activity consists of acceptance of grant monies for projects that have not been fully defined and as such, this action would not result in a potentially significant physical impact on the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. Although environmental review is not required at this time, once the scope of individual projects to be funded have been fully defined, environmental review will be required for each project and the appropriate environmental determination will be made. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Highway Safety Improvement Program (HSIP), codified as Section 148 of Title 23, United States Code (23 U.S.C. §148) remains as one of the core federal-aid programs in the new federal surface transportation act, "Moving Ahead for Progress in the 21st Century" (MAP-21), which was signed into law on July 6, 2012. The specific provisions of the HSIP are defined in Section 1112 of MAP-21. The purpose of the HSIP program is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land. City of Chula Vista Page 1 of 3 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page#69 File #: 13-0194, Version: 1 On July 16, 2013, Council approved Resolution 2013-139 (Attachment 1), which authorized staff to submit grant applications for HSIP Grant Program funding for improvements for two projects. Individual CIP projects were not created at that time; since it was not known which projects would receive grant funding. However, it was recommended that the matching funds would be provided from the City's TransNet allocation. Grant applications were due by July 26, 2013. For California, Caltrans received 389 applications requesting $255 million competing for $150 million of available statewide funding. A total of 231 projects were approved and 19 projects are within San Diego County. In November 2013, Caltrans notified staff that the City of Chula Vista has been awarded a total amount of up to $1,268,400 in HSIP funds from the FY 2013/2014 allocation for the following projects (see Attachment 2): Project 1 - Traffic Signal Modifications at four intersections: Fourth Avenue/"J" Street Hilltop D rive/"L" Street Third Avenue/"H" Street Third Avenue/"I" Street The proposed project, located in northwestern Chula Vista, is to upgrade and modify four existing traffic signals listed above to add protected left turn phasing. The proposed protected left-turn only phase movement is targeted at improving safety for motorists and pedestrians. The proposed improvements include the installation of ADA compliant push buttons with crossing instruction signs, installation of loop detectors, re-wiring of the intersection, minor sidewalk improvements, construction of ADA compliant pedestrian ramps, enhanced re-striping and signage, and other required traffic control devices (see Attachment 3). The awarded grant amount for this project is $719,900 (90%). The grant also requires a local match of 10 percent for total amount $80,100 (10%). Therefore, as part of FY 2014/2015 Capital Improvement Program (CIP), a new CIP project will be established and funded. Sufficient funds will be identified within the TransNet and/or Traffic Signal funds to meet the 10% local match requirement. Project 2- Expansion of Adaptive Traffic Signal System: East "H" Street between Hidden Vista Drive and Tierra Del Rey Telegraph Canyon Road between Canyon Plaza Driveway and Buena Vista Way The proposed project will provide for the expansion of the existing Adaptive Traffic Signal System, Sydney Coordinated Adaptive Traffic System (SCATS), along two arterial corridors: (1) East "H" Street from Hidden Vista Drive to Tierra Del Rey and (2)Telegraph Canyon Road from Canyon Plaza Driveway to Buena Vista Way. This expansion will also include signalized intersections on Paseo Del Rey, Tierra Del Rey, and Paseo Ranchero in close proximity to East "H"Street and Telegraph Canyon Road, which would impact coordination. In total, the expansion would include 16-intersections added to the SCATS system. The scope of work consists of consultant services in project management,design, setup, documentation, implementation, and acquisition of additional SCATS licenses. Other work includes re-splicing of existing loops, cabinet rewiring, upgrading traffic signal equipment, and the installation/reconfiguration of communications infrastructure. City of Chula Vista Page 2 of 3 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page#70 File #: 13-0194, Version: 1 Currently near 1-805, East "H" Street and Telegraph Canyon Road carry in excess of 50,000 vehicles per day and is a major commute route for Chula Vista residents. This project aims to reduce driver delay, lower emissions, and improve safety through the optimization of adaptive signal control (see Attachment 4). The awarded grant amount for this project is $548,500(90%). The grant also requires a local match of 10 percent for total amount $61,000 (10%). As part of FY 2014/2015 Capital Improvement Program (CIP), a new CIP project will be established and funded. Sufficient funds will be identified within the TransNet funds to meet the 10% local match requirement. 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 properties that are the subject of this action. Staff is not independently aware, nor has staff been informed by any City Councilmember,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The HSIP grant supports three of these five goals; The Economic Vitality goal is supported as it helps foster opportunities for investing in Western Chula Vista to existing infrastructure by obtaining grants for missing and aging infrastructure improvements. For eastern Chula Vista, the HSIP grant supports the Healthy Community goal by allowing the city to reduce Green House Gas levels by reducing traffic delays. Lastly citywide, the HSIP grant supports the Strong and Secure Neighborhood goal by ensuring that our roadways are safer. CURRENT YEAR FISCAL IMPACT There is no direct fiscal impact to the City General Fund as project and staff costs are covered by a combination of HSIP grant funds and TransNet and/or Traffic Signal Funds. ONGOING FISCAL IMPACT There is no ongoing fiscal impact at this time. The improvements will require only routine City maintenance. ATTACHMENTS 1. Attachment 1- Resolution 2013-139 2. Attachment 1-Approved Project List- HSIP Cycle 6 Grant 3. Attachment 3 - Project (1)Vicinity Maps 4. Attachment 4 - Project (2)Vicinity Map City of Chula Vista Page 3 of 3 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page#71 Attachment t RESOLUTION NO. .J 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHL LA VISTA AUTHORAZfNG SUBMITTAL OF FEDERAL FISCAL YEAR 13/2014 HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 6 GRANT APPLICATION'S AND COMMITTfNG MATCHINIG FUNDS THEREFOR { WHEREAS. the Hi h wa y Safety Improvement Program SIP). codified as Section 148 4 of Title 23. Urdtcd States Cod 3 U.S.C. 1410; remains as one of the core federal-aid programs in the new federal surface transportation act. "Moving Ahead for Progress in the 215t i an Century"'(MAP721), which a s vp 'A'HEREAS on Monday. April 29., 2013, Caltrans Division of Local- Assistance amounc d Cycle Call for Pr ,� t for the Hi h �av Safety Impr ��erncnt Pr y(HSIP # axed t WHEREAS, this call for projects is through its competitive Highway Safety Improvement Program S grant program: and + WHEREAS, Caltrans expects the HSIP Cycle 6 funding apportioned to local agencies to he approximately $1 million. and WHEREAS; for a p r0i ect to be etiihle; a specific problem must be identified for correction and the Proposed countermeasure must correct or su stantialty improve the condition: and WHEREAS. Cite staff recommends applyina for HSIP grant funds and has identified the r following myo different types of projects: k r Adaptive traffic signal system ModiAt an existing traffic signal at an intersection to reduce the accident rate; and WHEREAS,these project's are: 1, Expansion of Adaptive Traffic Signal System: East %'H"Street between Hidden Vista Drive to Tierra Del Rey Tele rap an or Road et ee Ca von Plaza rive way to Buena Vista Wa y . Traffic Signal Modifications at four intersections: Forth V nu 'J" Street Hilltop rive 'L:: Street Third Areue 'H'' Street Third Avenue "I" Street 2014-01-07 Agenda Packet Page#72 i Resolution olutio N . ol3i 3 Page Igo. 2 NOW; THEREFOR-E. the City Council of the City of Chula Vista does hereby authorize submittal of Federal Fiscal Year 2013/2014 Highway Safety Improvement Program Cycle grant applications and commit matching ing funds therefor. Presented by Approved as to fora by Richard o jen . Goo in Director lip moors Atto PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista; Cal i fomia, this 1,6th day of July 20 1 the f l lo wi ng vote: of AYES: Councilm r ors: Aguilar, Bensoussan, Salas and Cox PAYS; u eilr ember : None ABSENT: C n ilmerrrb rs: Ramirez i Cheryl Cox, or ATTEST: Donna R.Norris; UM , City Clerk STATE OF CALIFORNIA. COUNTY of SAN DIEGO CITY OF CHU A VISTA I, Donna R. Norris, City Clerk of Chula Vista; California, do hereby certify that the foregoing Resolution N , 2013-139 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 1 6th day of July 2013. Executed this 16th day of July 2013. Donna ..Dorris. CMC. City Clerk 2014-01-07 Agenda Packet Page#73 C u] CN V) Cy It to LO N to il- ty r� I;r V) # ref N r- Y5 cr b 0 0 0 0 0 Q Q Q O o Q Q 0 0 Q 0 Q O 0 00 Q +- Q ¢ ¢ Q Q Q O b d 0 0 0 4 00 O O O 0 0 co O 1- #1? 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RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING UP TO $112681400 OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 6 GRANT WHEREAS, on April 29, 2013, Caltrans Division of Local Assistance announced Cycle 6 Call for Projects for the Highway Safety Improvement Program (HSIP); and WHEREAS, on July 16, 2013, by Resolution 2013-139, Council authorized staff to submit applications for two projects ("Projects"): 1) Traffic Signal Modifications at four intersections: Fourth Avenue/"J" Street; Hilltop Drive/"L" Street; Third Avenue/"H" Street; Third Avenue/"I" Street; and 2) Expansion of Adaptive Traffic Signal System at: East "H" Street between Hidden Vista Drive and Tierra Del Rey; and Telegraph Canyon Road between Canyon Plaza Driveway and Buena Vista Way; and WHEREAS, for California, Caltrans received 389 applications requesting $255 million competing for $150 million of available statewide funding. A total of 231 projects were approved and 19 projects are within San Diego County; and WHEREAS, in November 2013, the State notified staff that the City has been awarded two grants totaling up to $1,268,400 for the Projects. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby accept up to $1,268,400 in Highway Safety Improvement Program(HSIP) Cycle 6 Grant funds. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-01-07 Agenda Packet Page#81 City of Chula Vista Master File Number: 13-0194 File ID: 13-0194 Item Type: Consent Item Status: Agenda Ready Version: 1 LARQ: 131241 In Control: City Council File Created: 12/172013 File Name: Final Action: 7itle: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING UP TO S1,268,400 OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 6 GRANT Internal Notes: Agenda Date: 01/072014 Agenda Number: 8. Sponsors: Enactment Date: Attachments: Attachment 1,Attachment 2,Attachment 3, Master Fee Upd?('): Attachment 4, Resolution :onflicts Verif By: Hard Deadline: Draker: MCuthbert@chulavistaca.gov Conflicts Verif On: City olChula Ysia Page 7 Pnnted on f/3l10f4 Master Continued i f i0194) Approval History Version Date Approver Action 7 12/17/2073 Muna Cuthbert Appmve 1 12/18/2013 Prank Rrve2 Approve 1 12/78/2073 Robert Beamon Approve 1 72I79/2013 Nhlliam Valle P.pprove 1 12/19/2013 Rick Hopkin5 Approve 7 12/23/2073 MgehqAguilar Approve 7 12I232073 � Joyce MaNeau�c Detegate 1 72126/2073 Cheryl Ponds Delegate 1 72l27/2013 David Miller Approve 1 72/30/2013 Cheryl Ponds Appmve 1 72/31/2013 Mana Kachadoorian Approve 7 12/31/2013 Gary Halbert Approve History of Legislative File Ver- Acting Body: Date: Action: Sent To: Due Date: Retum Resutt: sion: Date: 1 City Council O7/07I2014 Text of Legislative File 13-0194 Ciry o/Chula�sta Page 2 Pnnted on 7N1010 M City of Chula Vista C,1111,16R,� STA, Legislation Text File #: 13-0229, Version: 1 A. CONSIDERATION AND ACCEPTANCE OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2013 B. RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2012-13 BY $100,000 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council accept the report and Agency adopt the resolution. SUMMARY Presented for City Council information and acceptance are the Audited Financial Statements for the fiscal year ended June 30, 2013, as prepared by the independent audit firm of Pun & McGeady, LLC. The audit report submitted for the City has received an unqualified (clean) opinion from the independent accounting firm. A budget amendment to the Successor Agency's fiscal year 2012-13 budget is requested in the amount of$100,000. The payment was approved by the California Department of Finance for the Recognized Obligation Payment Schedule 1314A (July through December 2013) and is part of the Successor Agency budget for the current fiscal year. 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 requested actions are not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Pursuant to the City Charter Section 1017, an annual audit is performed of the City's financial records by an independent accounting firm. The firm of Pun & McGeady, LLC (formerly Caporicci & Larson, LLC) has examined the general purpose financial statements of the City of Chula Vista and has issued their opinion that those statements "present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of June 30, 2013 and the respective changes in financial position, and where applicable, cash flows thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America' . A prior-period adjustment was recorded to reduce the Sales Tax In-Lieu revenue accrual from fiscal year 2005-06 due to a triple-flip sales tax recalculation relating to the California Budget Act of 2006 for the City's General Fund. The adjustment resulted in a decrease of $3.3 million to the General City of Chula Vista Page 1 of 3 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page#82 File #: 13-0229, Version: 1 Fund unassigned fund balance. With the adjustment, the General Fund unassigned fund balance was verified to be $10.8 million as of June 30, 2013. Included in the $10.8 million unassigned fund balance, is $0.1 million in the Fire Equipment Lease Fund which is classified as a general-fund type of fund. Unassigned fund balance is the portion of fund balance that is available for appropriation. The unassigned fund balance for the City's General Fund ($10.8 million) represents 8.5 percent of the 2013-14 fiscal year operating budget. The unassigned fund balance increased from $8.6 million (as restated) to $10.8 million representing an increase of$2.2 million. In order to form a basis for their opinion, Pun & McGeady, LLC, evaluated the internal control procedures of the City and found no reportable conditions. This was Pun & McGeady's fifth year serving as the City's independent auditors. This is the firm's final year under the current contract. The Finance Department will be issuing an RFP for audit services for the fiscal year 2014 financial statements. The City's Consolidated Annual Financial Report (CAFR), is provided as Attachment 1 of this report. Budget Amendment Request - FY 2012-13 A budget amendment to the Successor Agency's fiscal year 2012-13 budget is requested in the amount of $100,000. The payment was approved by the California Department of Finance for the Recognized Obligation Payment Schedule 1314A (July through December 2013) and is part of the Successor Agency budget for the current fiscal year. The payment was made in the current fiscal year to Goodrich as required by the Cooperative Remediation Agreement. The payment is due to Goodrich in July but is for reimbursable expenditures incurred in the previous fiscal year. During the course of the audit, the auditors reviewed all supporting documents for the payment and required an accrual back to fiscal year 2012-13 consequently a budget amendment of $100,000 is requested to the Other Expenses category for the Redevelopment Obligation Retirement Fund. The current year budget does not require amending because the next payment to Goodrich will be accrued back to the current fiscal year in accordance with generally accepted accounting principles. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the Successor Agency and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any Successor Agency member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The preparation of City's financial statements promotes a Connected Community through reporting the City's financial position to the public, regulatory agencies and bondholders. CURRENT YEAR FISCAL IMPACT There is no fiscal impact to the General Fund from this action. Approval of the resolution will amend the fiscal year 2012-13 Other Expenses Category of the Successor Agency budget by $100,000. City of Chula Vista Page 2 of 3 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page#83 File #: 13-0229, Version: 1 The Successor Agency has already received a property tax distribution for the $100,000. The contract for audit services totaled $117,965 for the year reported. ONGOING FISCAL IMPACT There is no fiscal impact in future years. ATTACHMENTS 1. Fiscal Year 2012-13 Comprehensive Annual Financial Report City of Chula Vista Page 3 of 3 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page#84 RESOLUTION NO. 2014- RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2012-13 BY $100,000 WHEREAS, a payment of $300,000 was made by the Successor Agency to the Redevelopment Agency of the City of Chula Vista(the "Successor Agency") to Goodrich per the Cooperative Remediation Agreement in fiscal year 2013-14; and WHEREAS, the payment should have been recorded in fiscal year 2012-13 per recommendation of the City's and Successor Agency's auditors; and WHEREAS, recording the payment in fiscal year 2012-13 will cause the Redevelopment Obligation Retirement Fund to go over budget; and WHEREAS, the California Department of Finance has approved the payment to Goodrich as an enforceable obligation contained on the Redevelopment Obligation Payment Schedule (ROPS) 1314a, and WHEREAS, the County of San Diego Auditor and Controller has already provided a distribution of property taxes for the payment; and WHEREAS, there were remaining budget appropriations in the Other Expenses category, such that, an amendment of only $100,000 is necessary. NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the Redevelopment Agency of the City of Chula Vista amends the Other Expenses category of the Redevelopment Obligation Retirement Fund by $100,000 for fiscal year 2012-2013. Presented by Approved as to form by Maria Kachadoorian Glen Googins Successor Agency Treasurer City Attorney and Successor Agency Counsel 2014-01-07 Agenda Packet Page#85 City of Chula Vista Master File Number: 13-0229 File ID: 13-0229 Item Type: Consent Item Status: Agenda Ready Version: 1 LARQ: In ConVOI: City Council File Created: 12/302013 File Name: Acceptance of Financial Statements 06302013 Final Action: � Title: CONSIDERATION AND ACCEPTANCE OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2013 RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2012-13 BY $100,000 (4/S VOTE REQUIRED) Intemal Notes: Agenda Date: 01/072014 Agenda Number: Sponsors: Enactment Date: Attachments: Resolution-Amending FY 2012-13 Successor Master Fee Upd?('): Agency Budget, Financial Statement for fiscal year ending June 30, 2013, Successor Agency Budget Amendment Detail Form :onflicts Verif By: Phillip Davis Hard Deadline: . Drafter: PhillipD@chulavistaca.gov Conflicts Verif On: 12/272013 Crty o/Chu/a Ysta Page f Pnnfetl on 7!3lL070 Masier ConUnued(110229/ Approval History Version Date Approver Action 1 72/30/2013 MgeLpAgular Approve 1 72I30l2073 Maria Kachadoonan Approve 7 72I30/2013 Cheryl Ponds Delegate 7 72I30/2013 Jdl Maland Approve 7 12/30/2013 Mana Kachadoonan Approve 7 721312073 Gary Halbert Approve History of Legislative File Ver- Actlnq Botly: Date: Action: Sent To: Due Date: Retum Resutt: sion: Date: Text of Legislative File 13-0229 City olChula Ysta Page 2 PriMetl on 1/3R0f0 M City of Chula Vista C,1111,16R,� STA, Legislation Text File #: 14-0002, Version: 1 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STRADLING YOCCA CARLSON AND RAUTH PC FOR ATTORNEY SERVICES RELATED TO TRANSACTIONAL WORK FOR THE IMPLEMENTATION OF THE UNIVERSITY PARK AND INNOVATION DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NORTON MOORE AND ADAMS FOR ATTORNEY SERVICES RELATED TO THE PREPARATION OF LAND USE IMPLEMENTATION AND ENVIRONMENTAL DOCUMENTS FOR THE UNIVERSITY PARK AND INNOVATION DISTRICT RECOMMENDED ACTION Council adopt the resolutions. SUMMARY In 2008, the City entered into Land Offer Agreements that will provide approximately 375 acres of land to the City for a University Campus and Innovation District (UCID). With the City expecting to receive much of the land within the next year, staff is working on several activities that are foundational to continued planning and ultimate development of the UCID. This report presents the additional legal assistance that will be required to implement the UCID, and includes the following items: 1) approval of a Legal Services Agreement between Stradling, Yocca, Carlson & Rauth, PC and the City to provide outside counsel services for the required transactional work to implement the UCID; and 2) a second Legal Services Agreement between Norton, Moore and Adams, LLP and the City to provide attorney services with regard to land use implementation documents (i.e., preparation of a Sectional Planning Area (SPA) Plan and a programmatic Environmental Impact Report (EIR)) for the UCID. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Since the adoption of the Otay Ranch General Development Plan in 1993, the City of Chula Vista has maintained a vision of locating a university within the Otay Ranch. This vision is also reflected in the City of Chula Vista Page 1 of 4 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page#86 File #: 14-0002, Version: 1 General Plan. While the properties have been designated "University" with a secondary residential land use should the University not become a reality, they have been held in private, rather than public, ownership. In 2001, progress in assembling the land necessary to locate the University was made with the acquisition of approximately 140 acres of developable land for university purposes. It was understood that additional acreage was required to realize the land mass envisioned for the University by the General Plan and Otay Ranch General Development Plan (ORGDP). In 2007, the City began negotiating with the landowners to facilitate the acquisition of land necessary for the future development of a University and a Regional Technology Park while also providing equitable benefit to the landowners. In 2008, and as subsequently amended in 2010, the City of Chula Vista entered into two separate Land Offer Agreements (LOAs) with the Otay Land Company (OLC), a subsidiary of HomeFed, and JPB Development. Through a combination of land exchanges and agreements for expedited entitlement processing, the City of Chula Vista has reached agreement on how it would assemble approximately 375 acres of land for the UCID. These applications are currently being processed (e.g., OLCs Village 8 West was recently approved by City Council) with the remaining entitlements expected to be before City Council over the next year. Since the City is expecting to receive much of this land within the coming year, planning for the UCID is timely. The City has entered into an Exclusive Negotiating Agreement with HomeFed to serve in the role of Master Developer. Staff has been meeting with representatives from HomeFed regularly and has developed a conceptual framework for project implementation (including both transactional and land use entitlement elements) that has been agreed to by both parties. In addition, Development Services City staff has contracted with a number of consultants over the past year to provide professional services related to the preparation of land use entitlement documents (i.e., the SPA Plan and Programmatic EIR). Due to limited resources and the focused specialized effort required it will take to final negotiations and to fully document the transactional arrangements and entitlement work necessary to implement the UCID, the City Attorney's Office, also requires additional legal resources. As such, the City Attorney's Office placed advertisements in the San Diego Daily Transcript and Los Angeles Daily Journal for a Request for Qualifications/Proposal (RFQP) from attorneys and law firms to submit their qualifications and proposal to assist the City Attorney's Office in implementing the UCID. The RFQP process resulted in the submission of qualifications/proposals from eleven (11) attorneys/law firms from around the state. The City Attorney's Office created an in-house selection committee (the "Selection Committee"), familiar with the UCID, to review the qualifications/proposals. The Selection Committee included: the City Attorney, Assistant City Manager, Deputy City Attorney III and Assistant Development Services Director. Out of the eleven (11) attorneys/law firms that submitted their qualifications/proposals, the following five (5) were invited for an interview by the Selection Committee: Higgs, Fletcher & Mack, LLP Morrison & Foerster, LLP Norton, Moore and Adams, LLP Stradling, Yocca, Carlson & Rauth, PC Thomas Law Group The Selection Committee reviewed and ranked the proposals based on firm experience, quality of City of Chula Vista Page 2 of 4 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page#87 File #: 14-0002, Version: 1 management team, capacity to perform the work, project understanding, proposal quality and clarity, local experience, and billing rates. All five (5) of the above law firms are highly qualified to assist the City Attorney's Office with both the transactional and entitlement work to implement the UCID. After Selection Committee interviews, however, the Selection Committee rated highest and chose Stradling, Yocca, Carlson & Rauth, PC for the transactional work and Norton, Moore and Adams, LLP for the entitlement work. Both firms have performed high quality work for the City in the past. City Attorney's Office staff have prepared separate Legal Services Agreements (attached) with each of the selected law firms so that they may begin work on the UCID. The costs for retaining these two (2) law firms will be covered by monies deposited with the City in accordance with the LOAs and a federal grant received by the City. Payment to the law firms for work conducted will be on a "time and material basis." Stradling, Yocca, Carlson & Rauth, PC's top billing rate is $425 per hour. Norton, Moore and Adams, LLP's rate is $340. These rates are very reasonable in the market given the high level of work being performed and the experience levels of the lawyers. Furthermore, both firms have reduced their rates because the City is a public entity and they have committed to implement measures to manage costs. Pursuant to Municipal Code section 2.56.110(F), City Council approval is required for these two Legal Services Agreements because each agreement will exceed the $50,000 threshold authorizing the City Attorney to retain outside council services. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed UCID addresses the Economic Vitality goal in that implementation of the UCID will assist in creating a locally based professional work force within the City. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund related to these agreements. The costs for retaining these two (2) law firms will be covered by monies held on deposit for the University project which currently has a balance of approximately $775,000. These funds are also available to reimburse for staff time and consultant costs associated with work on the UCID. . ONGOING FISCAL IMPACT If funds on deposit are exhausted prior to completion of the work associated with the subject Legal Services Agreements, staff will return to the City Council for appropriation requests and alternative funding sources. ATTACHMENTS Attachment A - Resolution for Transactional Work Attachment B - Legal Services Agreement for the Transactional Work City of Chula Vista Page 3 of 4 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page#88 File M 14-0002, Version: 1 Attachment C - Resolution for Entitlement Work Attachment D - Legal Services Agreement for the Entitlement Work City of Chula Vista Page 4 of 4 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page#89 LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT (Agreement) is entered into this 1st day of January, 2014 (Effective Date), by and between the City of Chula Vista, a Charter Municipal Corporation (hereinafter the "CITY") and Norton, Moore and Adams, LLP (hereinafter "ATTORNEYS"). RECITALS The following Recitals are a substantive part of this Agreement: A. In 2008, the City entered into Land Offer Agreements (LOAs) that will provide approximately 375 acres of land to the City for a University Campus and Innovation District (UCID). B. City staff is working on several activities that are foundational to the continued planning and ultimate development of the UCID. C. The City Attorney has determined that additional legal assistance will be required to implement the UCID. D. The City Attorney's Office placed advertisements in the San Diego Daily Transcript and Los Angeles Daily Journal for a Request for Qualifications/Proposal (RFQP) from attorneys and law firms to submit their qualifications and proposal to assist the City Attorney's Office in implementing the UCID. E. The RFQP process resulted in the submission of qualifications/proposals from eleven (11) attorneys/law firms from around the state. F. The City Attorney's Office created an in-house selection committee (the "Selection Committee"), familiar with the UCID, to review the qualifications/proposals. G. The Selection Committee reviewed and ranked the proposals based on firm experience, quality of management team, capacity to perform the work, project understanding, proposal quality and clarity, local experience, and billing rates. H. After Selection Committee interviews, the Selection Committee rated and chose Norton, Moore and Adams, LLP for the land use and environmental/entitlement work. I. ATTORNEYS represent that they are highly qualified by virtue of experience, training, education and expertise to accomplish the services necessary under this Agreement. J. The City Council approved this Two-Party Agreement between the City of Chula Vista and Norton, Moore and Adams, LLP for attorney services related to the land use and environmental/entitlement work for the implementation of the University Campus and Innovation District, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorized and directed the City Attorney or designee to execute the same. 1 2014-01-07 Agenda Packet Page#90 AGREEMENT FOR VALUABLE CONSIDERATION THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term of Agreement. This Agreement shall terminate when the parties have complied with all executory provisions hereof as determined solely by the City Attorney. 2. Services to be Provided. The services to be performed by ATTORNEYS shall consist of any and all tasks reasonably required to advise, assist and fully represent the CITY in all legal matters presented to ATTORNEYS, wherein ATTORNEYS are consulted by or appear on behalf of the CITY, regarding providing legal support for the implementation of the UCID including the land use and environmental/entitlement work and other related work as determined by the City Attorney. ATTORNEY'S services shall include, but are not limited to, any and all reasonably required legal representation on behalf of the CITY as determined solely by the City Attorney or designee. 3. Compensation - ATTORNEY shall be compensated as follows: 3.1 Amount. The CITY shall compensate ATTORNEYS for services rendered at the following hourly rates: Ann Y. Moore $340/hour Paralegals $120/hour Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as defined below, such hourly compensation shall be the sole and total remuneration for services rendered pursuant to this Agreement. Attorney fees are not contingent upon any aspect of the matter. 3.2 Billing. ATTORNEYS agree to provide detailed invoicing of all billing for services on a monthly basis. Monthly invoices shall begin on the first of the month following the execution of the Agreement herein. All charges must be itemized by ATTORNEYS, showing in detail the work task performed during the billing entry. All charges must be presented in a line item format and in a manner such that each task is separately explained in reasonable detail, and with a specific time allocation recorded, for each task. The invoice shall include the amount, billing rate and basis for calculation of all fees and costs. The CITY will not accept, and will not be responsible for block or cumulative invoice entries. ATTORNEYS shall not charge the CITY for more than one ATTORNEY'S time when appearing at a meeting, in Court, or for performing any task unless the CITY has expressly authorized the use of two or more ATTORNEYS for the appearance or task. All billing for work performed under this Agreement shall be sent to the following: 2 2014-01-07 Agenda Packet Page#91 Glen R. Googins, City Attorney Michael J. Shirey, Deputy City Attorney III City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5037 With a copy to: Eric Crockett Assistant Director Development Services City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3.3 Reimbursements for Expenses. ATTORNEYS shall keep accurate records of all costs, travel and expenses. These records shall be made available to the CITY upon reasonable request. The CITY will reimburse actual, reasonable and necessary out of pocket expenses incurred by ATTORNEYS in performing any services under this Agreement as follows: a. Photocopying charges at no more than $0.15 per page. b. Facsimile charges at no more than $1.00 per page. C. Computerized legal research at the actual amount charged to ATTORNEYS. However, all computerized legal research must be authorized and approved in advance by the CITY. d. Parking Fees at the actual amount charged to ATTORNEYS. e. Travel/Mileage at the rate of 58.50 per mile. Any travel fees incurred outside of San Diego County must be authorized and approved in advance by the CITY. f. Statutory Fees, Witness Fees, Reporters Fees, Stenographic Transcription, jury fees and the cost of serving process actually incurred by ATTORNEYS. g. ATTORNEYS may seek reimbursement for any actual, reasonable and necessary expenses incurred on items not identified above with the prior authorization and approval by the CITY. The CITY will not reimburse ATTORNEYS for any additional charges incurred due to "rush" deliveries or "late" charges, unless such expenses are approved in advance by the CITY and the need for such services is determined by the CITY to be reasonably beyond the control of ATTORNEYS. 3 2014-01-07 Agenda Packet Page#92 To obtain reimbursement, ATTORNEYS shall submit a monthly summary of expenses, along with all supporting receipts, within thirty (30) days of the expense being incurred. 3.4 Expert Consultations and Witnesses. Expert consultations and witnesses, and any investigators, may be retained on terms acceptable to the CITY, authorized and approved in advance, for which the CITY shall reimburse the ATTORNEYS or pay investigators, consultants or experts directly. In no event shall ATTORNEYS retain any service of any expert, investigator or consultant without first receiving express authorization and approval from the CITY. 4. Insurance. 4.1 Professional Errors and Omissions Insurance. ATTORNEYS shall obtain and maintain in full force and effect at all times Professional Errors and Omissions Liability Insurance. Such insurance shall provide coverage in an amount not less than two million dollars ($2,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate. The CITY reserves the right to require insurance for a higher coverage than the minimum limits noted above. All insurance carriers shall hold a Best rating of "A+" or better. The insurance policy required under this paragraph shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, given to the CITY. Said insurance policy shall provide coverage to the CITY for any damages or losses suffered by the CITY as a result of any error or omission, or neglect by ATTORNEYS which arise out of the services rendered under this Agreement. Such insurance may not be subject to a self-insured retention or deductible in an amount in excess of Five thousand ($5,000.00) dollars without prior written authorization and approval by the CITY. ATTORNEYS shall, within ten (10) days after entering into this Agreement, and before commencing or performing any services under the Agreement, deposit with the CITY a certificate of insurance certifying that all insurance required herein is, and will be, in full force and effect from the time the Agreement is entered into until completion or termination of this Agreement. The Certificates of Insurance must be renewed at least fifteen (15) days prior to expiration. ATTORNEYS shall not commence any work under this Agreement until ATTORNEYS have obtained all CITY approved insurance. All insurance required shall be carried only by responsible insurance companies licensed to do business in California and shall name as additional insured the CITY, its elected officials, officers, employees, agents and representatives. All policies shall contain language to the effect that: (1) the insurer waives any right of subrogation against the CITY and the CITY's elected officials, officers, employees, agents, and representatives; (2) insurance shall be primary non- contributing and any other insurance carried by the CITY shall be excess over such insurance; 4 2014-01-07 Agenda Packet Page#93 and, (3) such insurance shall not be cancelled or materially changed except after thirty (30) days notice by the insurer to the CITY by certified mail. ATTORNEYS shall furnish the CITY with copies of all applicable policies promptly upon receipt. Nothing in this section shall be construed to make ATTORNEYS other than a Consultant for all purposes. ATTORNEYS agree to notify the CITY in the event that the limits shall fall below the coverage stated above or if the insurance policies noted here are allowed to lapse and substitute insurance is, or is not, obtained. 4.2 Workers Compensation Insurance. ATTORNEY shall obtain and maintain workers compensation insurance in accordance with section 3700 of the California Labor Code. 5. Indemnification. ATTORNEYS agree to protect, hold harmless, defend, and indemnify the CITY, its employees, elective or appointive boards, officers, agents, agenda and affiliates, from any and all loss, claims liabilities, expenses, or damages of any nature whatsoever, including attorneys' fees, arising out of or in any way connected with the performance of, or services rendered by, ATTORNEYS, ATTORNEYS' agents, officers, employees, sub-contractors or independent contractors of ATTORNEYS, except where the loss or liability is due to the sole negligence or willful misconduct of the CITY. 6. CityAgent. Glen R. Googins, City Attorney, or his designee, for the purposes of this Agreement, is the Agent for the CITY. Whenever authorization or approval is required, ATTORNEYS understand that the City Attorney has the authority to provide the authorization or approval. 7. Independent Contractor. ATTORNEYS, and anyone employed by ATTORNEYS, are not and shall not be, deemed employees of the CITY. ATTORNEYS are solely responsible for the payment of employment taxes, workers compensation taxes, and any other taxes for employees. 8. Conflict of Interest. ATTORNEYS represent that they presently have no material financial interest other than that which may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf of the CITY which may be affected by the services to be performed by ATTORNEYS under this Agreement. ATTORNEYS further agree that no person having any such interest shall be employed by them. If ATTORNEYS, or their employees, acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the CITY and the interested individual shall abstain from any contracts or decisions under this Agreement. 5 2014-01-07 Agenda Packet Page#94 In addition to the proscriptions regarding conflicts of interest imposed on ATTORNEYS by the Business and Professions Code and by California Rules of Professional Conduct, ATTORNEYS represent that no ATTORNEY shall represent clients before any board, commission, committee or agency of the CITY or represent any client with interests adverse to the CITY. Furthermore, ATTORNEYS shall at all times avoid conflicts of interest or the appearance of a conflict of interest in performance of this Agreement. ATTORNEYS shall immediately notify the City Attorney of any circumstances, or change of circumstances, that may provide for the potential for a conflict of interest, or actual conflict of interest. 9. Non-Liability of Officials/Employees of the City. No official or employee of the CITY shall be personally liable for any default or liability under this Agreement. 10. Compliance with Law. ATTORNEYS shall comply with all applicable laws, ordinances, codes and regulations of the Federal, State and local governments. In addition, ATTORNEYS agree to abide by all ethical and moral standards as represented by the Rules of Professional Conduct as applied to the California State Bar. 11. Work Product. All documents, or other information developed or received, by ATTORNEYS shall be the property of the CITY. ATTORNEYS shall provide the CITY with copies of items upon reasonable demand and upon termination of this Agreement. 12. Notices. All notices shall be personally delivered or mailed, via first class mail, to the below listed address. In addition, such addresses shall be used for delivery for service of process. ATTORNEYS agree to notify the CITY within ten (10) days of the date of any change of address and agrees to keep an updated address with the applicable Courts on any matters that ATTORNEYS are representing the CITY. a. Address of ATTORNEYS is as follows: Norton, Moore and Adams, LLP 525 B Street, Suite 1500 San Diego, CA 92101 Attn: Ann Y. Moore b. Address of CITY is as follows: Glen R. Googins, City Attorney/General Counsel Michael J. Shirey, Deputy City Attorney III/Deputy General Counsel Eric Crockett, Assistant Director Development Services City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 6 2014-01-07 Agenda Packet Page#95 13. Default/Termination of Agreement. CITY and ATTORNEYS shall have the right to terminate this Agreement without cause by giving fifteen (15) written notice. However, ATTORNEYS shall not substitute out as Attorneys of record on any matters it may be representing the CITY without first obtaining written consent from the CITY, or first obtaining an appropriate Court Order, allowing ATTORNEYS to withdraw as counsel of record. 14. Limitations Upon Assignment/Subcontracting. ATTORNEYS agree that no portion of their performance or services rendered under this Agreement shall be assigned by ATTORNEYS or subcontracted to any other without prior written authorization and approval of the City Attorney. 15. Non-Discrimination. ATTORNEYS covenant there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. 16. Time of Essence. Time is of the essence in the performance of this Agreement. 17. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement as herein stated. 18. City/Audit The CITY is required to complete an annual audit. The Auditors may contact and require some input from ATTORNEYS concerning matters ATTORNEYS are engaged for the CITY. ATTORNEYS agree to cooperate, at not charge to the CITY, for such cooperation or input as part of Attorney costs of service for the CITY. 19. Entire Agreement. This Agreement represents the Parties' final and mutual understanding. This Agreement supersedes any previous Agreements, oral or written. 20. Modification. This Agreement shall not be modified or replaced except by another signed, written Agreement, properly executed by the parties. 7 2014-01-07 Agenda Packet Page#96 21. Waiver. The waiver of any breach or any provision of this Agreement does not waive any other breach of that term, or any other term, in this Agreement. 22. Partial Invalidity. If any part of this Agreement is found for any reason to be unenforceable, all other parts nonetheless shall remain in force. 23. Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of California. Any action commenced regarding this Agreement shall be filed in the Central Branch of the San Diego Superior Court. 24. Interpretation. This Agreement shall be interpreted as though prepared by both parties. 25. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CITY and ATTORNEYS survive the termination of this Agreement. 26. Financial Interests. If ATTORNEYS are designated on Exhibit A, as a Fair Political Practices Commission ("FPPC") Filer, ATTORNEYS are 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, or if none are specified, then as determined by the City Attorney. [Remainder of page intentionally left blank.] 8 2014-01-07 Agenda Packet Page#97 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. CITY OF CHULA VISTA, a Charter Municipal Corporation By: Glen R. Googins City Attorney ATTEST: By: City Clerk NORTON, MOORE AND ADAMS, LLP By: Ann Y. Moore Approved as to Form: Glen R. Googins City Attorney J:A Attorney\MichaelSh\University\LSA\Agreements\LegalServicesAgrmnt-NortonMoore-12.24.13-FINAL.doc 9 2014-01-07 Agenda Packet Page#98 EXHIBIT "A" TO LEGAL SERVICES AGREEMENT STATEMENT OF ECONOMIC INTERESTS Attorneys: (X) Not Applicable. Not a Fair Political Practices Commission ("FPPC") Filer. ( ) FPPC Filer. If Attorneys in the performance of its services under this agreement: (1) conducts research and arrives at conclusions with respect to its rendition of information, advice, recommendations or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and(2)possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendations or counsel, Attorneys should not be designated as an FPPC Filer. If Attorneys are designated as FPPC filers, specify below which disclosure categories apply: ( ) 1. All investments, sources of income and business positions; ( ) 2. Interests in real property; ( ) 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department; ( ) 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property; ( ) 5. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the Redevelopment Agency to provide services, supplies, materials, machinery or equipment; ( ) 6. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment; ( ) 7. List Attorneys' interests in real property within 2 radial miles of Project Property, if any: 10 2014-01-07 Agenda Packet Page#99 LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT (Agreement) is entered into this 1st day of January, 2014 (Effective Date), by and between the City of Chula Vista, a Charter Municipal Corporation (hereinafter the "CITY") and Stradling, Yocca, Carlson & Rauth, P.C. (hereinafter "ATTORNEYS"). RECITALS The following Recitals are a substantive part of this Agreement: A. In 2008, the City entered into Land Offer Agreements (LOAs) that will provide approximately 375 acres of land to the City for a University Campus and Innovation District (UCID). B. City staff is working on several activities that are foundational to the continued planning and ultimate development of the UCID. C. The City Attorney has determined that additional legal assistance will be required to implement the UCID. D. The City Attorney's Office placed advertisements in the San Diego Daily Transcript and Los Angeles Daily Journal for a Request for Qualifications/Proposal (RFQP) from attorneys and law firms to submit their qualifications and proposal to assist the City Attorney's Office in implementing the UCID. E. The RFQP process resulted in the submission of qualifications/proposals from eleven (11) attorneys/law firms from around the state. F. The City Attorney's Office created an in-house selection committee (the "Selection Committee"), familiar with the UCID, to review the qualifications/proposals. G. The Selection Committee reviewed and ranked the proposals based on firm experience, quality of management team, capacity to perform the work, project understanding, proposal quality and clarity, local experience, and billing rates. H. After Selection Committee interviews, the Selection Committee rated and chose Stradling, Yocum, Carlson&Rauth, P.C. for the subject transactional work. I. ATTORNEYS represent that they are highly qualified by virtue of experience, training, education and expertise to accomplish the services necessary under this Agreement. J. The City Council approved this Two-Party Agreement between the City of Chula Vista and Stradling, Yocca, Carlson and Rauth, P.C. for attorney services related to transactional work for the implementation of the University Campus and Innovation District, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorized and directed the City Attorney or designee to execute the same. 1 2014-01-07 Agenda Packet Page# 100 AGREEMENT FOR VALUABLE CONSIDERATION THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term of Agreement. This Agreement shall terminate when the parties have complied with all executory provisions hereof as determined solely by the City Attorney. 2. Services to be Provided. The services to be performed by ATTORNEYS shall consist of any and all tasks reasonably required to advise, assist and fully represent the CITY in all legal matters presented to ATTORNEYS, wherein ATTORNEYS are consulted by or appear on behalf of the CITY, regarding providing legal support for the implementation of the UCID and formation/negotiations of all entities associated therewith and any negotiations concerning entering into any other agreements as may be required and other related work as determined by the City Attorney. ATTORNEY'S services shall include, but are not limited to, any and all reasonably required legal representation on behalf of the CITY as determined solely by the City Attorney or designee. 3. Compensation - ATTORNEY shall be compensated as follows: 3.1 Amount. The CITY shall compensate ATTORNEYS for services rendered at the following hourly rates: Kurt Yeager $395/hour Celeste Brady $395/hour Vanessa Locklin $325/hour Shareholders $395/hour Senior Associates $325/hour Associates $275/hour Paralegals $140/hour Legal Assistants $120/hour Advisory Services concerning Public Financings: Kurt Yeager $425/hour Robert Whalen $425/hour Shareholders $425/hour Senior Associates $350/hour Associates $325/hour Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as defined below, such hourly compensation shall be the sole and total remuneration for services rendered pursuant to this Agreement. 2 2014-01-07 Agenda Packet Page# 101 Attorney fees are not contingent upon any aspect of the matter. 3.2 Billing. ATTORNEYS agree to provide detailed invoicing of all billing for services on a monthly basis. Monthly invoices shall begin on the first of the month following the execution of the Agreement herein. All charges must be itemized by ATTORNEYS, showing in detail the work task performed during the billing entry. All charges must be presented in a line item format and in a manner such that each task is separately explained in reasonable detail, and with a specific time allocation recorded, for each task. The invoice shall include the amount, billing rate and basis for calculation of all fees and costs. The CITY will not accept, and will not be responsible for block or cumulative invoice entries. ATTORNEYS shall not charge the CITY for more than one ATTORNEY'S time When appearing at a meeting, in Court, or for performing any task unless the CITY has expressly authorized the use of two or more ATTORNEYS for the appearance or task. All billing for work performed under this Agreement shall be sent to the following: Glen R. Googins, City Attorney Michael J. Shirey, Deputy City Attorney III City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5037 With a copy to: Eric Crockett Assistant Director Development Services City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3.3 Reimbursements for Expenses. ATTORNEYS shall keep accurate records of all costs, travel and expenses. These records shall be made available to the CITY upon reasonable request. The CITY will reimburse actual, reasonable and necessary out of pocket expenses incurred by ATTORNEYS in performing any services under this Agreement as follows: a. Photocopying charges at no more than $0.15 per page. b. Facsimile charges at no more than $1.00 per page. C. Computerized legal research at the actual amount charged to ATTORNEYS. However, all computerized legal research must be authorized and approved in advance by the CITY. d. Parking Fees at the actual amount charged to ATTORNEYS. 3 2014-01-07 Agenda Packet Page# 102 e. Travel/Mileage at the rate of 58.50 per mile. Any travel fees incurred outside of San Diego County must be authorized and approved in advance by the CITY. f. Statutory Fees, Witness Fees, Reporters Fees, Stenographic Transcription, jury fees and the cost of serving process actually incurred by ATTORNEYS. g. ATTORNEYS may seek reimbursement for any actual, reasonable and necessary expenses incurred on items not identified above with the prior authorization and approval by the CITY. The CITY will not reimburse ATTORNEYS for any additional charges incurred due to "rush" deliveries or "late" charges, unless such expenses are approved in advance by the CITY and the need for such services is determined by the CITY to be reasonably beyond the control of ATTORNEYS. To obtain reimbursement, ATTORNEYS shall submit a monthly summary of expenses, along with all supporting receipts, within thirty (30) days of the expense being incurred. 3.4 Expert Consultations and Witnesses. Expert consultations and witnesses, and any investigators, may be retained on terms acceptable to the CITY, authorized and approved in advance, for which the CITY shall reimburse the ATTORNEYS or pay investigators, consultants or experts directly. In no event shall ATTORNEYS retain any service of any expert, investigator or consultant without first receiving express authorization and approval from the CITY. 4. Insurance. 4.1 Professional Errors and Omissions Insurance. ATTORNEYS shall obtain and maintain in full force and effect at all times Professional Errors and Omissions Liability Insurance. Such insurance shall provide coverage in an amount not less than two million dollars ($2,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate. The CITY reserves the right to require insurance for a higher coverage than the minimum limits noted above. All insurance carriers shall hold a Best rating of "A+" or better. The insurance policy required under this paragraph shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, given to the CITY. Said insurance policy shall provide coverage to the CITY for any damages or losses suffered by the CITY as a result of any error or omission, or neglect by ATTORNEYS which arise out of the services rendered under this Agreement. Such insurance may not be subject to a self-insured retention or deductible in an amount in excess of Five thousand ($5,000.00) dollars without prior written authorization and approval by the CITY. 4 2014-01-07 Agenda Packet Page# 103 ATTORNEYS shall, within ten (10) days after entering into this Agreement, and before commencing or performing any services under the Agreement, deposit with the CITY a certificate of insurance certifying that all insurance required herein is, and will be, in full force and effect from the time the Agreement is entered into until completion or termination of this Agreement. The Certificates of Insurance must be renewed at least fifteen (15) days prior to expiration. ATTORNEYS shall not commence any work under this Agreement until ATTORNEYS have obtained all CITY approved insurance. All insurance required shall be carried only by responsible insurance companies licensed to do business in California and shall name as additional insured the CITY, its elected officials, officers, employees, agents and representatives. All policies shall contain language to the effect that: (1) the insurer waives any right of subrogation against the CITY and the CITY's elected officials, officers, employees, agents, and representatives; (2) insurance shall be primary non- contributing and any other insurance carried by the CITY shall be excess over such insurance; and, (3) such insurance shall not be cancelled or materially changed except after thirty (30) days notice by the insurer to the CITY by certified mail. ATTORNEYS shall furnish the CITY with copies of all applicable policies promptly upon receipt. Nothing in this section shall be construed to make ATTORNEYS other than a Consultant for all purposes. ATTORNEYS agree to notify the CITY in the event that the limits shall fall below the coverage stated above or if the insurance policies noted here are allowed to lapse and substitute insurance is, or is not, obtained. 4.2 Workers Compensation Insurance. ATTORNEY shall obtain and maintain workers compensation insurance in accordance with section 3700 of the California Labor Code. 5. Indemnification. ATTORNEYS agree to protect, hold harmless, defend, and indemnify the CITY, its employees, elective or appointive boards, officers, agents, agenda and affiliates, from any and all loss, claims liabilities, expenses, or damages of any nature whatsoever, including attorneys' fees, arising out of or in any way connected with the performance of, or services rendered by, ATTORNEYS, ATTORNEYS' agents, officers, employees, sub-contractors or independent contractors of ATTORNEYS, except where the loss or liability is due to the sole negligence or willful misconduct of the CITY. 6. CityAgent. Glen R. Googins, City Attorney, or his designee, for the purposes of this Agreement, is the Agent for the CITY. Whenever authorization or approval is required, ATTORNEYS understand that the City Attorney has the authority to provide the authorization or approval. 7. Independent Contractor. 5 2014-01-07 Agenda Packet Page# 104 ATTORNEYS, and anyone employed by ATTORNEYS, are not and shall not be, deemed employees of the CITY. ATTORNEYS are solely responsible for the payment of employment taxes, workers compensation taxes, and any other taxes for employees. 8. Conflict of Interest. ATTORNEYS represent that they presently have no material financial interest other than that which may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf of the CITY which may be affected by the services to be performed by ATTORNEYS under this Agreement. ATTORNEYS further agree that no person having any such interest shall be employed by them. If ATTORNEYS, or their employees, acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the CITY and the interested individual shall abstain from any contracts or decisions under this Agreement. In addition to the proscriptions regarding conflicts of interest imposed on ATTORNEYS by the Business and Professions Code and by California Rules of Professional Conduct, ATTORNEYS represent that no ATTORNEY shall represent clients before any board, commission, committee or agency of the CITY or represent any client with interests adverse to the CITY. Furthermore, ATTORNEYS shall at all times avoid conflicts of interest or the appearance of a conflict of interest in performance of this Agreement. ATTORNEYS shall immediately notify the City Attorney of any circumstances, or change of circumstances, that may provide for the potential for a conflict of interest, or actual conflict of interest. 9. Non-Liability of Officials/Employees of the City. No official or employee of the CITY shall be personally liable for any default or liability under this Agreement. 10. Compliance with Law. ATTORNEYS shall comply with all applicable laws, ordinances, codes and regulations of the Federal, State and local governments. In addition, ATTORNEYS agree to abide by all ethical and moral standards as represented by the Rules of Professional Conduct as applied to the California State Bar. 11. Work Product. All documents, or other information developed or received, by ATTORNEYS shall be the property of the CITY. ATTORNEYS shall provide the CITY with copies of items upon reasonable demand and upon termination of this Agreement. 12. Notices. All notices shall be personally delivered or mailed, via first class mail, to the below listed address. In addition, such addresses shall be used for delivery for service of process. ATTORNEYS agree to notify the CITY within ten (10) days of the date of any change of address and agrees to keep an updated address with the applicable Courts on any matters that 6 2014-01-07 Agenda Packet Page# 105 ATTORNEYS are representing the CITY. a. Address of ATTORNEYS is as follows: Stradling, Yocca, Carlson & Rauth, P.C. 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 Attn: E. Kurt Yeager b. Address of CITY is as follows: Glen R. Googins, City Attorney/General Counsel Michael J. Shirey, Deputy City Attorney III/Deputy General Counsel Eric Crockett, Assistant Director Development Services City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 13. Default/Termination of Agreement. CITY and ATTORNEYS shall have the right to terminate this Agreement without cause by giving fifteen (15) written notice. However, ATTORNEYS shall not substitute out as Attorneys of record on any matters it may be representing the CITY without first obtaining written consent from the CITY, or first obtaining an appropriate Court Order, allowing ATTORNEYS to withdraw as counsel of record. 14. Limitations Upon Assignment/Subcontracting. ATTORNEYS agree that no portion of their performance or services rendered under this Agreement shall be assigned by ATTORNEYS or subcontracted to any other without prior written authorization and approval of the City Attorney. 15. Non-Discrimination. ATTORNEYS covenant there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. 16. Time of Essence. Time is of the essence in the performance of this Agreement. 17. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement as herein stated. 18. City/Audit The CITY is required to complete an annual audit. The Auditors may contact and require 7 2014-01-07 Agenda Packet Page# 106 some input from ATTORNEYS concerning matters ATTORNEYS are engaged for the CITY. ATTORNEYS agree to cooperate, at not charge to the CITY, for such cooperation or input as part of Attorney costs of service for the CITY. 19. Entire Agreement. This Agreement represents the Parties' final and mutual understanding. This Agreement supersedes any previous Agreements, oral or written. 20. Modification. This Agreement shall not be modified or replaced except by another signed, written Agreement, properly executed by the parties. 21. Waiver. The waiver of any breach or any provision of this Agreement does not waive any other breach of that term, or any other term, in this Agreement. 22. Partial Invalidity. If any part of this Agreement is found for any reason to be unenforceable, all other parts nonetheless shall remain in force. 23. Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of California. Any action commenced regarding this Agreement shall be filed in the Central Branch of the San Diego Superior Court. 24. Interpretation. This Agreement shall be interpreted as though prepared by both parties. 25. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CITY and ATTORNEYS survive the termination of this Agreement. 26. Financial Interests. If ATTORNEYS are designated on Exhibit A, as a Fair Political Practices Commission ("FPPC") Filer, ATTORNEYS are 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, or if none are specified, then as determined by the City Attorney. 8 2014-01-07 Agenda Packet Page# 107 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. CITY OF CHULA VISTA, a Charter Municipal Corporation By: Glen R. Googins City Attorney ATTEST: By: City Clerk STRADLING, YOCCA, CARLSON & RAUTH, P.C. By: E. Kurt Yeager Approved as to Form: Glen R. Googins City Attorney J:A Attorney\MichaelSh\University\LSA\Agreements\LegalServicesAgrmnt-Stradling-12.24.13-FINAL.doc 9 2014-01-07 Agenda Packet Page# 108 EXHIBIT "A" TO LEGAL SERVICES AGREEMENT STATEMENT OF ECONOMIC INTERESTS Attorneys: (X) Not Applicable. Not a Fair Political Practices Commission ("FPPC") Filer. ( ) FPPC Filer. If Attorneys in the performance of its services under this agreement: (1) conducts research and arrives at conclusions with respect to its rendition of information, advice, recommendations or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and(2)possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendations or counsel, Attorneys should not be designated as an FPPC Filer. If Attorneys are designated as FPPC filers, specify below which disclosure categories apply: ( ) 1. All investments, sources of income and business positions; ( ) 2. Interests in real property; ( ) 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department; ( ) 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property; ( ) 5. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the Redevelopment Agency to provide services, supplies, materials, machinery or equipment; ( ) 6. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment; ( ) 7. List Attorneys' interests in real property within 2 radial miles of Project Property, if any: 10 2014-01-07 Agenda Packet Page# 109 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NORTON MOORE AND ADAMS FOR ATTORNEY SERVICES RELATED TO THE PREPARATION OF LAND USE IMPLEMENTATION AND ENVIRONMENTAL DOCUMENTS FOR THE UNIVERSTY PARK AND INNOVATION DISTRICT WHEREAS, in 2008, the City entered into Land Offer Agreements (LOAs) that will provide approximately 375 acres of land to the City for a University Campus and Innovation District (UCID); and WHEREAS, the City is expecting to receive much of the land within the next year; and WHEREAS, staff is working on several activities that are foundational to the continued planning and ultimate development of the UCID; and WHEREAS, additional legal assistance will be required to implement the UCID; and WHEREAS, the City has entered into an Exclusive Negotiating Agreement (ENA) with HomeFed to serve in the role of Master Developer for the UCID; and WHEREAS, staff has been meeting with representatives from HomeFed weekly and has developed a framework for the transactional and entitlement work that has been agreed to by both parties to implement the UCID; and WHEREAS, due to limited resources and the time that it will take to conduct all of the transactional and entitlement work to implement the UCID, the City Attorney's Office requires additional legal resources to have the UCID come to fruition; and WHEREAS, as such, the City Attorney's Office placed advertisements in the San Diego Daily Transcript and Los Angeles Daily Journal for a Request for Qualifications/Proposal (RFQP) from attorneys and law firms to submit their qualifications and proposal to assist the City Attorney's Office in implementing the UCID; and WHEREAS, The RFQP process resulted in the submission of qualifications/proposals from eleven (11) attorneys/law firms from around the state; and WHEREAS, the City Attorney's Office created an in-house selection committee (the "Selection Committee"), familiar with the UCID, to review the qualifications/proposals; and 2014-01-07 Agenda Packet Page# 110 Resolution No. Page 2 WHEREAS, the Selection Committee reviewed and ranked the proposals based on firm experience, quality of management team, capacity to perform the work, project understanding, proposal quality and clarity, local experience, and billing rates; and WHEREAS, after Selection Committee interviews, the Selection Committee rated and chose Stradling, Yocca, Carlson & Rauth, PC for the transactional work and Norton, Moore and Adams, LLP for the entitlement work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Resolution of the City Council of the City of Chula Vista approving a Legal Services Agreement between the City of Chula Vista and Norton, Moore and Adams for attorney services related to the preparation of land use implementation and environmental documents for the University Park and Innovation District, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Attorney or designee to execute the same. Presented by Approved as to form by Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2014-01-07 Agenda Packet Page# 111 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STRADLING YOCCA CARLSON AND RAUTH PC FOR ATTORNEY SERVICES RELATED TO TRANSACTIONAL WORK FOR THE IMPLEMENTATION OF THE UNIVERSITY PARK AND INNOVATION DISTRICT WHEREAS, in 2008, the City entered into Land Offer Agreements (LOAs) that will provide approximately 375 acres of land to the City for a University Campus and Innovation District (UCID); and WHEREAS, the City is expecting to receive much of the land within the next year; and WHEREAS, staff is working on several activities that are foundational to the continued planning and ultimate development of the UCID; and WHEREAS, additional legal assistance will be required to implement the UCID; and WHEREAS, the City has entered into an Exclusive Negotiating Agreement (ENA) with HomeFed to serve in the role of Master Developer for the UCID; and WHEREAS, staff has been meeting with representatives from HomeFed weekly and has developed a framework for the transactional and entitlement work that has been agreed to by both parties to implement the UCID; and WHEREAS, due to limited resources and the time that it will take to conduct all of the transactional and entitlement work to implement the UCID, the City Attorney's Office requires additional legal resources to have the UCID come to fruition; and WHEREAS, as such, the City Attorney's Office placed advertisements in the San Diego Daily Transcript and Los Angeles Daily Journal for a Request for Qualifications/Proposal (RFQP) from attorneys and law firms to submit their qualifications and proposal to assist the City Attorney's Office in implementing the UCID; and WHEREAS, The RFQP process resulted in the submission of qualifications/proposals from eleven (11) attorneys/law firms from around the state; and WHEREAS, the City Attorney's Office created an in-house selection committee (the "Selection Committee"), familiar with the UCID, to review the qualifications/proposals; and 2014-01-07 Agenda Packet Page# 112 Resolution No. Page 2 WHEREAS, the Selection Committee reviewed and ranked the proposals based on firm experience, quality of management team, capacity to perform the work, project understanding, proposal quality and clarity, local experience, and billing rates; and WHEREAS, after Selection Committee interviews, the Selection Committee rated and chose Stradling, Yocca, Carlson & Rauth, PC for the transactional work and Norton, Moore and Adams, LLP for the entitlement work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Legal Services Agreement between the City of Chula Vista and Stradling, Yocca, Carlson and Rauth, PC for attorney services related to transactional work for the implementation of the University Park and Innovation District, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Attorney or designee to execute the same. Presented by Approved as to form by Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2014-01-07 Agenda Packet Page# 113 City of Chula Vista Master File Number: 14-0002 File ID: 14-0002 Item Type: Consent Item Status: Agenda Ready Version: 1 LARQ: In ConVOI: City Council File Created: 12/312013 File Name: Final Action: . 7itle: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STRADLING YOCCA CARLSON AND RAUTH PC FOR ATTORNEY SERVICES RELATED TO TRANSACTIONAL WORK FOR THE IMPLEMENTATION OF THE UNIVERSITY PARK AND INNOVATION DISTRICT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NORTON MOORE AND ADAMS FOR ATTORNEY SERVICES RELATED TO THE PREPARATION OF LAND USE IMPLEMENTATION AND ENVIRONMENTAL DOCUMENTS FOR THE UNIVERSITY PARKAND INNOVATION DISTRICT Intemal Notes: Entered on the request of Glen Googins& Mike Shirey Agenda Date: 01/072014 Agenda Number: Sponsors: Enactment Date: Attachments: Agreement Moore Final,Agreement Stradling Final, Master Fee Upd?('): Resolution Entitlement Final, Resolution Transadional Final :onFlicts Verif By: Scott Donaghe Hard Deadline: Draker: CPonds@chulavistap.gov Conflicts Verif On: 12/312013 Approval History Version Date Approver Actlon 1 12l31/2013 MgelinAguilar Approve 1 01/02I2074 Maria.Kachadoonan Approve 1 01/02I2014 Michael Shuey Approve City of Chula Ysta Page 7 Pnrtted on 1/3ROU MasterContinuetl ry40004) History of Legislative File Ver- Acting Botly: Date: Action: Sent To: Due Date: Retum Resuk: sion: Date: Text of Legislative File 14-0002 City of Chula Ysfa Pa9e 1 Prinied an 1l3R07a M City of Chula Vista C,1111,16R,� STA, Legislation Text File #: 13-0190, Version: 1 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/M ILLEN IA) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN EACH IMPROVEMENT AREA THEREIN TO FINANCE CERTAIN SERVICES AND SETTING THE PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/M ILLEN IA) RECOMMENDED ACTION Council adopt the resolutions. SUMMARY McMillin Otay Ranch, LLC has requested that the City conduct proceedings to consider the approval of the formation of Community Facilities District No. 14M (Eastern Urban Center/Millenia) (CFD 14M). The conditions of approval of the tentative map for Eastern Urban Center/Millenia require that the community facilities district (CFD) be formed prior to issuance of the first production home building permit. This district will fund the maintenance and replacement of (a) landscaping, including, but not limited to, parkways and medians; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; (d) trails; (e) pedestrian bridges, including, but not limited to, graffiti removal; (f) public lighting facilities, and (g) public parks. The City has retained the services of NBS as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. This action initiates the formal proceedings to consider the establishment of CFD No. 14M. ENVIRONMENTAL REVIEW The Development Services Director 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 the creation of government funding mechanism is not considered a project; 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. BOARD/COMMISSION RECOMMENDATION Not Applicable City of Chula Vista Page 1 of 7 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page# 114 File #: 13-0190, Version: 1 DISCUSSION On January 13, 1998, Council adopted the "City of Chula Vista Statement of Goals and Policies regarding the establishment of Community Facilities Districts" (the "Goals and Policies"). The approval of this document ratified the use of CFDs as a public financing mechanism for (1) the construction and/or acquisition of public infrastructure, and (2) the financing of authorized public services. Taxes levied by maintenance districts, such as CFD No. 14M, are currently excluded from the 2% maximum tax criterion set forth in the Goals and Policies. On April 28, 1998, Council, acting under its Charter authority, enacted the "Chula Vista Community Facilities District Ordinance" (the "Ordinance"). The Ordinance adopted the Mello-Roos Act with modifications to accomplish the following: (1) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" (the "1972 Act"); (2) include certain maintenance activities not listed in the Mello-Roos Act or the 1972 Act; and (3) establish an operating reserve fund for open space districts. McMillin Otay Ranch, LLC has requested that the City conduct proceedings to consider the approval of the formation of Community Facilities District No. 14M (Eastern Urban Center/Millenia) (CFD 14M). The conditions of approval of the tentative map for Eastern Urban Center/Millenia require that said CFD be formed prior to issuance of the first production home building permit. This district will fund the maintenance and replacement of (a) landscaping, including, but not limited to, parkways and medians; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; (d) trails; (e) pedestrian bridges, including, but not limited to, graffiti removal; (f) public lighting facilities, and (g) public parks. The City has retained the services of NBS as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. Tonight's action will initiate the formal proceedings to consider the establishment of CFD No. 14M. CFD 14M will provide the necessary funding for the operation and maintenance of public landscaping, storm water quality, walls, fencing, trails, pedestrian bridges, lighting, and park improvements by levying an annual "special tax" which is collected from the property owners within CFD 14M in conjunction with property taxes or via direct billing. All expenses related to the district administration, including levying and collecting the special taxes, are also funded from such special taxes. On September 15, 2009, Council approved an Agreement Regarding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center (the "Parks Agreement"). The Parks Agreement states that the City and McMillin shall split equally (50-50) the costs of maintaining the Public Parks in the Eastern Urban Center based on preliminary cost estimates provided by both the City and McMillin. The City's share (and thus McMillin'S basic share) shall be based on the average annual cost for 21.51 acres each fiscal year as calculated for the City's budget for public parks. To ensure collection of the City's portion of the cost of the park maintenance, CFD 14M has been structured with two improvement areas with the City parks placed into the second improvement area. On December 17, 2013, Council, acting under its Charter authority, amended the Chula Vista Community Facilities District Ordinance to allow for the City park property to be placed into the improvement. Each year, the City will be assessed for its portion of the costs to maintain the parks based on the average annual citywide maintenance cost for 21.51 acres budgeted for that fiscal year multiplied by a ratio of the public park acres in the Eastern Urban Center that has been turned over to the City for maintenance. The ordinance was also amended to allow the CFD Administrator to directly City of Chula Vista Page 2 of 7 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page# 115 File #: 13-0190, Version: 1 bill the City each year for the assessment so the public parks remain off the County property tax rolls. The proposed CFD 14M is consistent with the above-mentioned Ordinance as amended and the Goals and Policies. In addition, the staff and developer have met to discuss, review and clarify the intent of the Goals and Policies and Ordinance, the proposed special tax rates, and the methodology for the apportionment of the special taxes. Any matters raised by the developer have been discussed and solutions, satisfactory to all parties, have been incorporated into the "Rate and Method of Apportionment" (the "RMA"). The RMA has also been modeled after similar open space maintenance districts in the surrounding area. Staff, the legal counsel, and the special tax consultant have reviewed the proposed RMA and consider it ready for City Council approval. Area of Benefit The proposed boundaries of CFD14M encompass parcels located within Millenia, an Urban Village of approximately two-hundred and six (206.6) acres located south of Birch Road Parkway, west of Eastlake Parkway, and east of State Route 125 (SR125). McMillin Otay Ranch, LLC owns 100% of the property within the proposed district. Millenia is proposed to contain approximately 2,983 multi- family units, 3,487 non-residential/commercial units, a public school (6.84 acres) and six neighborhood parks (12.88 acres). Staff has reviewed the proposed boundary map and has found it acceptable and ready for approval by Council. A reduced copy of the map is presented in Exhibit "B' . Description of the Improvements to be Maintained The proposed CFD 14M will fund the operation, maintenance, and replacement of the public landscaping, storm water treatment, walls and fencing, trails, pedestrian bridges, lighting, and park improvements within Eastern Urban Center/Millenia. A complete list of such improvements is presented in Exhibit "C' . Cost Estimate The estimated annual budget for CFD 14M is approximately $941,952. This budget includes a total of $664,498 for landscape, storm water quality, walls and fencing, trails, pedestrian bridges, lighting, and park maintenance; and a total of $191,014 that is set aside for the replacement of the amenities as they reach the end of their useful life. In addition, the budget includes $20,000 for CFD administration (preparing reports, levying and collecting taxes, public assistance, etc.) by the Engineering Division of the Public Works Department or their designee, and an additional $43,268 to fund an operating reserve for maintenance and $23,181 to fund an operating reserve for replacement. Staff (Public Works/Operations and Engineering) and NBS have reviewed and approved the proposed budget. Exhibit "D" contains a detailed annual budget for the district at build out. The actual City contribution for park maintenance will be based on the requirements in the Parks Agreement as noted above. Proposed Special Tax CFD 14M has six proposed categories of taxable property, as follows: - Developed Property (Apartment Property and Multi-Family Property are taxed based on the City of Chula Vista Page 3 of 7 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page# 116 File #: 13-0190, Version: 1 number of dwelling units and Non-Residential Property is taxed on the acreage of the parcel) - Public Urban Parks Property (taxed on the acreage of the parcel) - Approved Property, Undeveloped Property and Taxable Property Owner Association Property (taxed on the acreage of the parcel) - Community Purpose Facility (CPF) Property not classified as exempt (taxed based on Non- Residential Property if classified as Developed Property and taxed as Undeveloped Property if undeveloped) The Exempt Category that is not taxed includes all publicly owned parcels excluding City parks, CFP property owned by non-profit organizations, and parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. Developed Parcels are those parcels for which a building permit has been issued. The proposed maximum special tax rate in the RMA on all Developed Parcels was determined by dividing the estimated annual budget at build out (plus an operating reserve allocation of 10% of the annual budget) by the total estimated development at build out. For residential property, residential building square footage was used and for non-residential property, industrial and commercial estimated acreage was used. The proposed maximum special tax rate in the RMA on vacant land has been determined by dividing the estimated annual budget at build out (plus a reserve allocation of 10% of the annual budget) by the estimated net lot acreage within the district. Collection of Taxes At the beginning of each fiscal year the City shall determine the amount of the Special Tax Liability (budget plus reserve) of the CFD. Then, the special taxes will first be levied on the Developed Property. If this pool of funds is not enough to fund the Special Tax Liability, as may be the case in the early years of development, the district will levy the special tax on the Approved Property, and then the Undeveloped Property, and finally the Taxable Property Owner Association Property. The buffer of potentially having all of the other categories of property covering any portion of the Special Tax Liability not funded from special taxes levied on the Developed Property will disappear once the area has been fully developed (except for the City Park Property). If the Special Tax Liability for any fiscal year is less than the maximum special tax authorized to be levied on the Developed Parcels, the actual rate of the special taxes to be levied in that specific year will be reduced accordingly. Special taxes shall be levied each year on the City Park Property based on the requirements in the Parks Agreement as noted above. Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment (RMA) of Special Taxes": (See Exhibit "A" for full description of RMA) - The maximum special taxes rates shall be adjusted each year for inflation using a factor equal City of Chula Vista Page 4 of 7 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page# 117 File #: 13-0190, Version: 1 to the greater of the annual percentage increase, if any, in the San Diego Metropolitan Area All Urban Price Index (CPI-U), or 0%. However, the maximum special taxes assessed to the City for the City Park Property shall be adjusted each year based on the average annual citywide maintenance cost for 21.51 acres budgeted for that fiscal year multiplied by a ratio of the public park acres in the Eastern Urban Center that has been turned over to the City for maintenance. - The Ordinance requires that the developer maintain the landscape and park improvements for the minimum period of one year following their completion. During this period the District will collect the special taxes with the purpose of building up a six months operating reserve. The RMA provides that the annual budget for any year may include an amount deemed necessary to maintain an adequate level of this operating reserve fund. - The maximum special tax rates are based on the best estimate by the developer of the building square footage of residential development and the acreage of non-residential (industrial and commercial) development within CFD 14M (reduced by 5%). This reduction in estimated total square footage of residential development and in estimated acreage of non- residential development has the net result of raising the maximum special tax that can be levied on future residential parcels and on future non-residential (industrial and commercial) parcels to avoid a possible shortfall in special tax revenue in the event that the actual square footage of residential development or the actual acreage of non-residential (industrial and commercial) development is less than the projected square footage or acreage on which the computation of the special tax rates has been based. If the actual square footage or acreage of development meets or exceeds the projections on which the special tax rates were based, the actual special tax rate necessary to be levied annually to fund the Special Tax Liability may be less than the authorized maximum special tax. - The annual budget used to calculate the special tax rates are only the "best estimates" of the cost of maintenance at build out. There is always a risk that actual expenses in future years may be higher than the total maximum collectable special taxes. This may result in reduced levels of maintenance of landscaping and the parks, unless the property owners approve an increase in the special tax rates (2/3 voter approval is required). It is anticipated, however, that the proposed maximum special tax rates contain enough of a cushion in the operating reserve, the inflation adjustment, and the assumed reduction of total square footage of residential development and total acreage of non-residential (industrial and commercial) development to minimize the risk of future special tax revenue shortfalls. Proposed Maximum Special Taxes The proposed maximum special tax rates for fiscal year 20014/15 for a typical dwelling unit within CFD 14M are as follows: Land Use Description Maximum Special Tax Class 1 Apartment Property $189.00 per Dwelling Unit 2 Multi-Family Property $252.00 per Dwelling Unit 3 Non-Residential Property 1$1,259.00 per Acre City of Chula Vista Page 5 of 7 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page# 118 File #: 13-0190, Version: 1 Resolutions There are three resolutions on tonight's agenda, which, if adopted, will accomplish the following: The RESOLUTION ADOPTING THE BOUNDARY MAP is the formal action adopting the map and setting forth the boundaries of the proposed Community Facilities District No. 14M. The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the intention of the City Council to establish the proposed Community Facilities District No. 14M, authorize the levy of a Special Tax, and set the time and place for the public hearing. The RESOLUTION ORDERING THE PREPARATION OF THE "COMMUNITY FACILITIES DISTRICT REPORT" is the formal action of the City Council directing the preparation of a detailed report containing a description of the services and its estimated cost for the proposed Community Facilities District No. 14M. Future Actions The public hearing and consideration of the adoption of a resolution forming and establishing CFD No. 14M, and submitting the authorization for the levy of special taxes to the qualified electors are scheduled for the City Council meeting of February 11, 2014, at 2:00 P.M. DECISION-MAKER CONFLICT Staff had reviewed the property holdings of the City Council and has found no property holding within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the goal of providing Healthy Communities, which includes maintaining and operating community and neighborhood facilities. CURRENT YEAR FISCAL IMPACT All costs of formation of the district are being borne by the developers and the on-going administration will be funded entirely by the district. The City will recover the full cost of staff time expended in district formation and administration activities in perpetuity. ONGOING FISCAL IMPACT The City and the CFD shall split equally (50-50) the costs of maintaining the Public Parks in the Eastern Urban Center based on preliminary cost estimates provided by both the City and McMillin. The City's share shall be based on the average annual cost for 21.51 acres each fiscal year as calculated for the City's budget for public parks. Annual maintenance costs to maintain the park(s) constructed will need to be budgeted in 2015. ATTACHMENTS 1. Rate and Method of Apportionment City of Chula Vista Page 6 of 7 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page# 119 File #: 13-0190, Version: 1 2. Boundary Map 3. List of Public Facilities to be Maintained 4. Annual Budget 5. Agreement Regarding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center City of Chula Vista Page 7 of 7 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page# 120 CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 14M RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 (Eastern Urban Center/Millenia) A Special Tax of Community Facilities District No. 14M (Eastern Urban Center/Millenia) of the City of Chula Vista ("CFD") shall be levied on all Taxable Property in the CFD and collected each Fiscal Year commencing in Fiscal Year 2014-2015 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All such Taxable Property shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "`A' Map" shall mean a master final subdivision or parcel map, filed in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.) and the Chula Vista Municipal Code, which subdivides the land or a portion thereof shown on a tentative map into "super block" lots corresponding to units or phasing of combination of units as shown on such tentative map and which may further show open space lot dedications, backbone street dedications and utility easements required to serve such "super block" lots. "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. In the event that parcel acreage information is not available from the sources previously listed, San Diego County GIS data may be utilized. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes within Improvement Area No. 1, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of Improvement Area No. 1; the costs of collecting installments of the Special Taxes within Improvement Area No. 1; and any other costs required to administer Improvement Area No. 1 as determined by the City. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 1 2014-01-07 Agenda Packet Page# 121 "Apartment Property" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in an `A' Map, excluding lettered lots thereon, or a Final Subdivision Map, excluding lettered lots thereon, that were recorded prior to the March 1St preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit prior to the March 1St preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. If any parcel of Public Urban Parks Property is not shown on an Assessor's Parcel Map or assigned an assessor's parcel number, an Assessor's Parcel of such property shall mean that property as shown on the instrument conveying the title of such property to the City. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 14M (Eastern Urban Center/Millenia) of the City of Chula Vista. "CFD Boundary Map" entitled "Proposed Boundaries of Community Facilities District No. 14M (Eastern Urban Center/Millenia), City of Chula Vista, County of San Diego, State of California" as recorded in the Office of the County Recorder of the County of San Diego on January , 2014 as Document No. 14- at Page of Book of the Book of Maps of Assessment and Community Facilities Districts for such County. "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "City Share" means the City's Share of the budgeted costs of the maintenance of the Public Urban Parks Property, as determined in accordance with the Eastern Urban Center Parks Agreement and Section E below. "Community Purpose Facility Property" or "CPF Property" means all Assessors' Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 2 2014-01-07 Agenda Packet Page# 122 "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued prior to the March 1 st preceding the Fiscal Year in which the Special Tax is being levied. "Dwelling Unit" means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential dwelling units. "Eastern Urban Center Parks Agreement" means that certain Agreement Regarding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center made and entered into as of the 15th day of September, 2009 by and between the City and McMillin Otay Ranch LLC, as recorded on October 28, 2009 with the San Diego County Recorder's Office, Document Number 2009-0599389, or as otherwise modified and agreed upon by all parties thereto. "Final Subdivision Map" means a subdivision of property creating buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area No. I" means all property within the boundaries of such improvement area as shown on the CFD Boundary Map. "Improvement Area No. I Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to pay for the authorized maintenance services for Improvement Area No. 1 as described in the CFD special tax report and Administrative Expenses. "Improvement Area No. I Operating Fund Requirement" means, for any Fiscal Year, an amount equal to the budgeted costs for Improvement Area No. 1. The budgeted costs for Improvement Area No. 1 shall equal (i) the greater of(A) 50% of the budgeted costs for maintenance of the Public Urban Parks Property and(B) 100% of such budgeted costs minus the City Share; plus (ii) the budget costs of landscape maintenance, street frontage maintenance, bio-retention maintenance, storm water maintenance, and the maintenance, repair and replacement of the facilities and improvements, other than the Public Urban Parks Property, which have been accepted and or maintained by the CFD during the current Fiscal Year; plus (iii) the budgeted Administrative Expenses for the current Fiscal Year in which Special Taxes are levied. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 3 2014-01-07 Agenda Packet Page# 123 "Improvement Area No. I Reserve Fund" means a fund that shall be maintained for the CFD for Improvement Area No. 1 for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes within Improvement Area No. 1 and a reasonable buffer to prevent large variations in annual Special Tax levies within Improvement Area No. 1. "Improvement Area No. I Reserve Fund Requirement" means an amount equal to up to 100% of the Improvement Area No. 1 Operating Fund Requirement for any Fiscal Year. "Improvement Area No. I Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (i) pay the Improvement Area No. 1 Operating Fund Requirement; (ii) pay any amounts required to establish or replenish the Improvement Area No. 1 Reserve Fund to the Improvement Area No. 1 Reserve Fund Requirement; (iii) pay for reasonably anticipated delinquent Special Taxes within Improvement Area No. 1 based on the delinquency rate for Special Taxes levied in the previous Fiscal Year within Improvement Area No. 1; less (b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the Improvement Area No. 1 Reserve Fund above the Improvement Area No. 1 Reserve Fund Requirement and any amount remaining in the Improvement Area No. 1 Operating Fund that is available to pay the Improvement Area No. 1 Operating Fund Requirement in such Fiscal Year. "Improvement Area No. 2" means all property within the district boundaries that is owned by the City and classified as Public Urban Parks Property. "Improvement Area No. 2 Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to pay for the authorized maintenance services for Improvement Area No. 2 as described in the CFD special tax report. "Improvement Area No. 2 Operating Fund Requirement" means, for any Fiscal Year, an amount equal to the City Share. "Improvement Area No. 2 Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to pay the Improvement Area No. 2 Operating Fund Requirement less a credit for funds, if any, available to reduce the annual Special Tax levy within Improvement Area No. 2 and any amount remaining in the Improvement Area No. 2 Operating Fund that is available to pay the Improvement Area No. 2 Operating Fund Requirement in such Fiscal Year. "Land Use Class" means any of the classes listed in Table 1. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 4 2014-01-07 Agenda Packet Page# 124 "Mixed Use Property" means all Assessor's Parcels that have been classified by the City to allow both Residential Property and Non-Residential Property uses on each such Assessor's Parcel. For an Assessor's Parcel of Mixed Use Property, only the Residential Land Use Class thereon is subject to taxation pursuant to the provisions of Section C. "Multi-Family Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for a residential structure consisting of two or more residential dwelling units that share common walls, including, but not limited to, duplexes, triplexes, townhomes, and condominiums. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non-residential use. "Ordinance" means the Chula Vista Community Facilities District Ordinance, being Ordinance No. 2730 enacted on April 28, 1998, as modified and supplemented by Ordinance No. , enacted on January , 2014. "Property Owner Association Property" means any property within the CFD boundaries that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each Land Use Class. "Public Property" means any property within the CFD boundaries that has provided proof to the City prior to March 1 st preceding the Fiscal Year in which the Special Tax is being levied, that it is expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency, excluding Public Urban Parks Property. "Public Urban Parks" means those parks to which the City accepts title pursuant to the Eastern Urban Center Parks Agreement. "Public Urban Parks Property" means all Assessor's Parcels that are owned by the City and upon which the Public Urban Parks are located or to be located. "Residential Property" means all Assessor's Parcels of Developed Property classified as Apartment Property or Multi-Family Property for which a building permit(s) has been issued for purposes of constructing one or more residential dwelling units. "Special Tax" means the Special Tax levied pursuant to the provisions of sections D and E below in each Fiscal Year on each Assessor's Parcel of Developed Property, Approved Property, and Undeveloped Property in Improvement Area No. 1 to fund the Improvement Area No. 1 Special Tax Requirement and the Public Urban Parks Property to fund the Improvement Area No. 2 Special Tax Requirement. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page S 2014-01-07 Agenda Packet Page# 125 "State" means the State of California. "Taxable Property" means, as to Improvement Area No. 1, all of the Assessor's Parcels within the boundaries of Improvement Area No. 1 that are not exempt from the Special Tax pursuant to law or as defined below under Tax-Exempt Property and, as to Improvement Area No. 2, all Assessor's Parcels of Public Urban Parks Property. "Tax-Exempt Property" means an Assessor's Parcel not sub j ect to the Special Tax. Tax-Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property excluding Taxable Property Owner Association Property, or (iii) Assessor's Parcels of Taxable CPF Property that is owned by a non-profit organization and has provided proof to the City prior to the March 1St preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, or (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Association Property which is not exempt from the Special Tax pursuant to Section F below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Approved Property or Taxable Property Owner Association Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be (a) categorized as being located in either Improvement Area No. 1 or Improvement Area No. 2; (b) classified as Developed Property, Public Urban Parks Property, Approved Property, Undeveloped Property, Taxable Property Owner Association Property, and Taxable CPF Property, and (c) subject to the levy of Special Taxes pursuant to Sections D and E below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. The Land Use Class of each Assessor's Parcel of Residential Property or Mixed Use Property shall be determined based on the records of the San Diego County Assessor, or other such information provided by the City. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section F below shall be taxed as Non- Residential Property when such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is undeveloped it shall be classified as Undeveloped Property. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 6 2014-01-07 Agenda Packet Page# 126 C. MAXIMUM SPECIAL TAX RATE 1. Improvement Area No. 1 a. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 14M within Improvement Area No. 1 Land Use Maximum Class Description Special Tax 1 Apartment Property $189.00 per Dwelling Unit 2 Multi-Family Property $252.00 per Dwelling Unit 3 Non-Residential Property $1,259.00 per Acre Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on an Assessor's Parcel shall only be levied on the Residential Property Land Use Class located on that Assessor Parcel(s). Sample Maximum Special Tax Calculation for Mixed Use (Non-Residential Property and Apartment Property) Under the proposed example, assume that Assessor's Parcel Number 1 is classified as a Mixed Use Property. Assessor's Parcel Number 1 is a 2 Acre parcel that contains 10,000 square feet of retail shops and Apartment Property with 10 residential dwelling units. The following table shows what the expected annual Maximum Special Tax would be for Assessor's Parcel Number 1. No. of Non-Residential Residential Assessor Residential Property Property Total Annual Parcel Parcel Dwelling Maximum Maximum Maximum No. Acreage Units Special Tax Special Tax Special Tax 1 2.00 10 $0.00 $11890.00 $11890.00 (1) The Maximum Special Tax is based upon the initial Maximum Special Tax rates as defined in Table 1. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 7 2014-01-07 Agenda Packet Page# 127 b. Approved Property, Undeveloped Property and Taxable Property Owner Association Property within Improvement Area No. 1 The Maximum Special Tax for Approved Property, Undeveloped Property and Taxable Property Owner Association Property shall be $4,359.00 per Acre. 2. Improvement Area No. 2 a. Public Urban Parks Property TABLE 2 Maximum Special Tax for Public Urban Parks Property Community Facilities District No. 14M within Improvement Area No. 2 Land Use Maximum Class Description Special Tax 1 Public Urban Parks $33,049.00 per Acre Property 3. Annual Escalation of Maximum Special Tax The Maximum Special Tax for Improvement Area No. 1 and Improvement Area No. 2 as shown in Tables 1 and 2 above that may be levied on each Assessor's Parcel in the CFD shall be adjusted each Fiscal Year beginning in Fiscal Year 2014-15 and thereafter by a factor equal to the greater of, the positive percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) from the base date of June 1, 2013 through June 1 of the prior Fiscal Year, or 0%, provided the Maximum Special Tax shall never be less than the amounts shown in Tables 1 and 2, respectively. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR IMPROVEMENT AREA NO. 1 Commencing with Fiscal Year 2014-15, and for each following Fiscal Year, the Council shall levy the Special Tax in Improvement Area No. 1 at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Improvement Area No. 1 Special Tax Requirement. The Special Tax in Improvement Area No. 1 shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property within Improvement Area No. 1 up to 100% of the applicable Maximum Special Tax; City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 8 2014-01-07 Agenda Packet Page# 128 Second: If additional monies are needed to satisfy the Improvement Area No. 1 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property; Third: If additional monies are needed to satisfy the Improvement Area No. 1 Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Improvement Area No. 1 Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Multi-Family Property or Apartment Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Improvement Area No. 1. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR IMPROVEMENT AREA NO. 2 Commencing with Fiscal Year 2014-15, and for each following Fiscal Year, the Council shall levy the Special Tax Proportionately on all Public Urban Parks Property within Improvement Area No. 2 up to 100% of the Maximum Special Tax as necessary to fully fund the Improvement Area No. 2 Special Tax Requirement. For the purposes of determining the Improvement Area No. 1 Operating Fund Requirement and the Improvement Area No. 2 Operating Fund Requirement, the City Share shall be the lesser of the amount determined in Step One and Step Two below. Step One: The City shall calculate the amount equal to 50% of the budgeted costs for maintenance of the Public Urban Parks Property that has been accepted and or maintained by the CFD during the current fiscal year, for the current fiscal year in which the Special Taxes are being levied, and for Public Urban Parks Property that the City anticipates accepting during the upcoming Fiscal Year. Step Two: As outlined in Section 5.1(a) of the Eastern Urban Center Parks Agreement, each Fiscal Year, after the Council adopts the City's annual operating budget, the City shall calculate the City's total annual public park maintenance cost included in the budget. The City shall also calculate the acreage of public parks that are maintained and City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 9 2014-01-07 Agenda Packet Page# 129 owned by the City and included in the budget (including the Public Urban Parks Property for which the City has accepted title). The total annual cost shall be divided by the total park acreage to determine the City's average annual park maintenance cost per acre for that Fiscal Year. This amount shall be multiplied by 21.51 acres and then multiplied by a fraction, the numerator of which is the acreage of the Public Urban Parks Property for which the City has accepted title and for which the City is currently assessing a Special Tax in anticipation of acceptance by the City and the denominator of which is 10.60 acres. If the amount calculated pursuant to this Step Two is lower than the amount calculated under Step One above, it shall be the City Share unless the City Manager, at his or her own sole discretion, elects to use the higher amount as the City Share in order to maintain the fifty/fifty (50-50) split of maintenance costs as outlined in Section 5.1(a) of the Eastern Urban Parks Agreement. F. EXEMPTIONS The CFD Administrator shall classify as Tax-Exempt Property (i) Assessor's Parcels defined as Public Property, (ii) Assessor's Parcels defined as CPF Property that are owned by a non-profit organization which provides proof to the City prior to March 1St preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and (iii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. The CFD Administrator shall classify as Tax-Exempt Property within Improvement Area No. 1 those Assessor's Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all Taxable Property within Improvement Area No. 1 to less than 130.39 Acres. Assessor's Parcels defined as Property Owner Association Property and CPF Property that cannot be classified as Tax- Exempt Property will be classified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. The CFD Administrator will assign tax-exempt status in the chronological order in which property becomes exempt Public Property or CPF Property or Tax-Exempt Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property or CPF Property or Tax-Exempt Property Owner Association Property, its tax-exempt status will be revoked. Taxable Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property and Taxable CPF Property. There shall be no Tax-Exempt Property within Improvement Area No. 2. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 10 2014-01-07 Agenda Packet Page# 130 G. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner or resident believes such error still exists; such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. H. MANNER OF COLLECTION Special Taxes levied in Improvement Area No. 1 pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the CFD Administrator. Special Taxes levied in Improvement Area No. 2 pursuant to Section E above shall be collected by direct billing by the CFD Administrator, such Special Taxes to be due and payable and shall become delinquent at the same time as Special Taxes levied within Improvement Area No. 1. I. TERM OF SPECIAL TAX Taxable Property in Improvement Area No. 1 and Improvement Area No. 2 of the CFD shall remain subject to the Special Tax in perpetuity or until the Council takes appropriate actions to terminate the Special Tax in both Improvement Areas pursuant to the Act. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 11 2014-01-07 Agenda Packet Page# 131 w z H � � � w z " � w z p " (np � LLa (App DW W p � U1 � � Z � � V0Q � Z � Q � � Z � Q � J � J � � � Q J � J 1-- o � � J � � U w 2 � U U � � � Y2 � U w � W li V C) U) H � O m U JLL � o � o QW 0zw � � aJ V � zw oWD zZw a = w � H � � Q wcnU » Q � � O � = O � Z O � � cnW OOH Q � C) Ucn _ v > U UUUcn LLaol� UUcn LLo ti� City of Chula Vista Exhibit"C" List of Public Facilities to be Maintained Community Facilities District No. 14M (Eastern Urban Center/Millenia) I.STREET FRONTAGE MAINTENANCE Eastlake Parkway Trees Palms Planting Areas/Irrigation/Recycled water Rodent Control Enhanced paving Birch Road Trees Palms Planting Areas/Irrigation/Recycled water Rodent Control Enhanced paving Recycled Water Irrigation Meters Back flow preventer inspection Wireless for irrigation controller Trash Receptacles Bike rack Benches Bus Rapid Transit Facility Palms Planting Areas/Irrigation/Recycled water Rodent Control Decomposed Granite Medians Eastlake Pkwy(Birch to Hunte Pkwy) 50% Birch (1-125 to Eastlake Pkwy) 100% Pedestrian Bridge(over Eastlake Pkwy) Bus Stop Trash receptacles Maintenance II. PARK MAINTENANCE Frontages (Parks 1, 2,4, 5 and 6) Trees-shade Palms Planting Areas/Irrigation/Recycled water Rodent Control Recycled Water Irrigation Meters Back flow preventer inspection Wireless for irrigation controller Enhanced paving Porous pavers Decomposed Granite Uplighting Decorative Lighting 2014-01-07 Agenda Packet Millenia Maintenance CFD budget 9-20-13 Page# 1§§ge 1 City of Chula Vista Exhibit"C" List of Public Facilities to be Maintained Community Facilities District No. 14M (Eastern Urban Center/Millenia) Planting/Irrigation Trees-shade Trees-ornamental Palms Planting Areas/Irrigation/Recycled water Sod/Irrigation/Recycled Water Rodent Control Recycled Water Irrigation Meters Potable Water Irrigation Meters Wireless for irrigation controller Back flow preventer inspection Hardscape Seat Wall Flatwork Pedestrian paving (concrete and pavers) Decomposed granite Playground surfacing Site Furniture Bike Racks Trash Receptacles/Collection Dog Waste Bag Dispenser/Collection/Disposal Benches Picnic Tables Moveable Tables and Chairs Umbrellas Decorative Lighting Metalwork Metal fence/gate Site Amenities/Features Fountain Fountain- Interactive or large Spray Park SCADA Monitoring System Signage,Wayfinding Elements Sculpture,Art Elements Playground Equipment Overlook Platform Tree House Outdoor Theater Regional Trail Regional trail Structures Restrooms, Maintained storage Gazebo, Pavilion Trellis, Overhead Structure Athletic Facilities Basketball Court Tennis Court III. BIORETENTION MAINTENANCE 2014-01-07 Agenda Packet Millenia Maintenance CFD budget 9-20-13 Page# 1P3glge 2 City of Chula Vista Exhibit"C" List of Public Facilities to be Maintained Community Facilities District No. 14M (Eastern Urban Center/Millenia) Bioretention Basins Inspection/Ongoing Maintenance Replacement 3 times per 100 years Street M Underground Detention IV.STORM WATER MAINTENANCE Wolf Canyon Detention Basin Vegetation Removal Silt Removal Maintenance Silt Removal Screen Replacement Engineer's Inspection Periodic Inspection and Maintenance Bioretention Facilities Poggi Canyon Channel Detention Basin Birch Street Filters Vactor Truck Replacement 2014-01-07 Agenda Packet Millenia Maintenance CFD budget 9-20-13 Page# I§gge 3 City of Chula Vista Exhibit"D"-Maintenance Budget Community Facilities District No. 14M (Eastern Urban Center/Millenia) I.STREET FRONTAGE MAINTENANCE BUDGET Improvement Area No.1 Improvement Area No.2 COMBINED Annual Annual Annual Annual Maintenance Contribution to Maintenance Contribution to Total Annual Cost Reserve Cost Reserve Cost 1 Eastlake Parkway Trees $ 2,970 $ 330 $ 3,300 Palms $ 450 $ 203 $ 653 Planting Areas/Irrigation/Recycled water $ 5,785 $ 300 $ 6,085 Rodent Control $ 160 $ 160 Enhanced paving $ 135 $ 63 $ 199 Total $ 9,501 $ 897 $ - $ - $ 10,397 2 Birch Road Trees $ 1,260 $ 140 $ 1,400 Palms $ 810 $ 365 $ 1,175 Planting Areas/Irrigation/Recycled water $ 7,391 $ 384 $ 7,774 Rodent Control $ 205 $ 205 Enhanced paving $ 209 $ 98 $ 307 Recycled Water Irrigation Meters $ 1,404 $ 1,404 Back flow preventer inspection $ 75 $ 75 Wireless for irrigation controller $ 300 $ 300 Trash Receptacles $ 480 $ 150 $ 630 Bike rack $ 240 $ 300 $ 540 Benches $ 33 $ 100 $ 133 Total $ 12,406 $ 1,537 $ - $ - $ 13,943 3 Bus Rapid Transit Facility Palms $ 2,520 $ 1,137 $ 3,657 Planting Areas/Irrigation/Recycled water $ 11,239 $ 584 $ 11,822 Rodent Control $ 311 $ 311 Decomposed Granite $ 662 $ 294 $ 957 Total $ 14,732 $ 2,015 $ - $ - $ 16,747 4 Graffiti and Vandalism Sinking Fund(2%of Total Annual Cost) $ 733 $ 89 $ - $ - $ 822 Total $ 733 $ 89 $ - $ - $ 822 5 Medians Eastlake Pkwy(Birch to Hunte Pkwy)50% $ 9,264 $ - $ 9,264 Birch(1-125 to Eastlake Pkwy)100% $ 3,616 $ - $ 3,616 Total $ 12,880 $ - $ - $ - $ 12,880 6 Pedestrian Bridge(over Eastlake Pkwy) Bridge Maintenance per CFD 09M $ 560 $ - $ 560 Total $ 560 $ - $ - $ - $ 560 7 Bus Stop Trash receptacles $ 360 $ 113 $ 473 Maintenance $ 3,000 $ 3,000 Total $ 3,360 $ 113 $ - $ - $ 3,473 I.TOTAL STREET FRONTAGE MAINTENANCE $ 545171 $ 45650 $ - $ - $ 583821 II.PARK MAINTENANCE BUDGET Improvement Area No.1 Improvement Area No.2 COMBINED Annual Annual Annual Annual Maintenance Contribution to Maintenance Contribution to Total Annual Cost Reserve Cost Reserve Cost Frontages(Parks 1,2,4,5 and 6) Trees-shade $ 945 $ 105 $ 945 $ 105 $ 2,100 Palms $ 1,125 $ 313 $ 1,125 $ 313 $ 2,875 Planting Areas/Irrigation/Recycled water $ 8,027 $ 417 $ 8,027 $ 417 $ 16,888 Rodent Control $ 222 $ 222 $ - $ 445 Recycled Water Irrigation Meters $ 3,510 $ 3,510 $ - $ 7,020 Back flow preventer inspection $ 188 $ 188 $ - $ 375 Wireless for irrigation controller $ 750 $ 750 $ - $ 1,500 Enhanced paving $ 447 $ 698 $ 447 $ 698 $ 2,288 Porous pavers $ 13 $ 21 $ 13 $ 21 $ 69 Decomposed Granite $ 76 $ 34 $ 76 $ 34 $ 218 Uplighting $ 600 $ 167 $ 600 $ 167 $ 1,533 Decorative Lighting(pole-mounted) $ 1,275 $ 1,558 $ 1,275 $ 1,558 $ 5,667 Total $ 17,178 $ 3,312 $ 17,178 $ 3,312 $ 40,978 2014-01-07 Agenda Packet Millenia Maintenance CFD budget 9-20-13 Page# 13bge 1 City of Chula Vista Exhibit"D"-Maintenance Budget Community Facilities District No. 14M (Eastern Urban Center/Millenia) Planting/Irrigation Trees-shade $ 4,725 $ 525 $ 4,725 $ 525 $ 10,500 Trees-ornamental $ 2,025 $ 225 $ 2,025 $ 225 $ 4,500 Palms $ 6,480 $ 1,800 $ 6,480 $ 1,800 $ 16,560 Planting Areas/Irrigation/Recycled water $ 11,619 $ 670 $ 11,619 $ 670 $ 24,578 Sod/Irrigation/Recycled Water $ 87,973 $ 87,973 $ 175,945 Rodent Control $ 2,514 $ 2,514 $ 5,027 Recycled Water Irrigation Meters $ 3,510 $ 3,510 $ 7,020 Potable Water Irrigation Meters $ 3,510 $ 3,510 $ 7,020 Wireless for irrigation controller $ 1,500 $ 1,500 $ 3,000 Back flow preventer inspection $ 188 $ 200 $ 188 $ 200 $ 775 Total $ 124,042 $ 3,420 $ 124,042 $ 3,420 $ 254,925 Hardscape Seat Wall-CIP concrete-18"high,wide $ - $ 263 $ 263 $ 525 Total $ - $ 263 $ - $ 263 $ 525 Flatwork Pedestrian paving(concrete and pavers) $ 3,530 $ 1,655 $ 3,530 $ 1,655 $ 10,369 Decomposed granite $ 2,340 $ 1,040 $ 2,340 $ 1,040 $ 6,760 Playground surfacing $ 690 $ 3,450 $ 690 $ 3,450 $ 8,280 Total $ 6,560 $ 6,145 $ 6,560 $ 6,145 $ 25,409 Site Furniture Bike Racks $ 350 $ 656 $ 350 $ 656 $ 2,013 Trash Receptacles/Collection $ 3,500 $ 700 $ 3,500 $ 700 $ 8,400 Dog Waste Bag Dispenser/Collection/Disposal $ 7,718 $ 952 $ 7,718 $ 952 $ 17,340 Benches $ 908 $ 1,375 $ 908 $ 1,375 $ 4,565 Picnic Tables $ 788 $ 4,688 $ 788 $ 4,688 $ 10,950 Moveable Tables and Chairs $ 1,225 $ 6,475 $ 1,225 $ 6,475 $ 15,400 Umbrellas $ 1,400 $ 6,667 $ 1,400 $ 6,667 $ 16,133 Decorative Lighting(pole-mounted) $ 2,400 $ 2,933 $ 2,400 $ 2,933 $ 10,667 Total $ 18,288 $ 24,446 $ 18,288 $ 24,446 $ 85,468 Metalwork Metal fence/gate 4 $ - $ 600 $ 600 $ 1,200 Total $ - $ 600 $ - $ 600 $ 1,200 Site Amen ities/Featu res Fountain $ 988 $ 179 $ 988 $ 179 $ 2,333 Fountain-Interactive or large $ 8,640 $ 3,116 $ 8,640 $ 3,116 $ 23,511 Spray Park $ 4,328 $ 2,169 $ 4,328 $ 2,169 $ 12,993 SCADA Monitoring System $ 7,200 $ 12,000 $ 7,200 $ 12,000 $ 38,400 Signage,Wayfinding Elements $ 1,125 $ 6,250 $ 1,125 $ 6,250 $ 14,750 Sculpture,Art Elements $ 2,250 $ 2,125 $ 2,250 $ 2,125 $ 8,750 Playground Equipment $ 2,880 $ 13,333 $ 2,880 $ 13,333 $ 32,427 Overlook Platform $ 2,160 $ 800 $ 2,160 $ 800 $ 5,920 Tree House $ 4,320 $ 4,500 $ 4,320 $ 4,500 $ 17,640 Outdoor Theater $ 4,320 $ 4,320 $ - $ 8,640 Total $ 38,210 $ 44,472 $ 38,210 $ 44,472 $ 165,363 Regional Trail Regional trail $ 603 $ - $ 603 $ - $ 1,206 Total $ 603 $ - $ 603 $ - $ 1,206 Structures Restrooms,Maintained storage $ 17,880 $ 800 $ 17,880 $ 800 $ 37,360 Gazebo,Pavilion $ 500 $ 875 $ 500 $ 875 $ 2,750 Trellis,Overhead Structure $ 1,000 $ 480 $ 1,000 $ 480 $ 2,960 Total $ 19,380 $ 2,155 $ 19,380 $ 2,155 $ 43,070 Athletic Facilities Basketball Court $ 1,000 $ 315 $ 1,000 $ 315 $ 2,630 Tennis Court $ 2,000 $ 1,200 $ 2,000 $ 1,200 $ 6,400 Total $ 3,000 $ 1,515 $ 3,000 $ 1,515 $ 9,030 Graffiti and Vandalism Sinking Fund(2%of Total Annual Cost) $ 4,545 $ 1,727 $ 4,545 $ 1,727 $ 12,543 Total $ 4,545 $ 1,727 $ 4,545 $ 1,727 $ 12,543 2014-01-07 Agenda Packet Millenia Maintenance CFD budget 9-20-13 Page# 1351ge 2 City of Chula Vista Exhibit"D"-Maintenance Budget Community Facilities District No. 14M (Eastern Urban Center/Millenia) II.TOTAL PARK MAINTENANCE $ 2319806 $ 889053 $ 2319806 $ 889053 $ 6395718 III.BIORETENTION MAINTENANCE BUDGET Improvement Area No.1 Improvement Area No.2 COMBINED Annual Annual Annual Annual Maintenance Contribution to Maintenance Contribution to Total Annual Cost Reserve Cost Reserve Cost Bioretention Basins Inspection/Ongoing Maintenance $ 91,079 $ 91,079 Replacement 3 times per 100 years $ - $ 7,810 $ 7,810 Total $ 91,079 $ 7,810 $ - $ - $ 98,889 Street M Underground Detention $ 10,890.00 $ 10,890 Total $ 10,890.00 $ - $ - $ - $ 10,890 III.TOTAL BIORETENTION MAINTENANCE $ 1019969 $ 79810 $ - $ - $ 1095779 IV.STORM WATER MAINTENANCE BUDGET Improvement Area No.1 Improvement Area No.2 COMBINED Annual Annual Annual Annual Maintenance Contribution to Maintenance Contribution to Total Annual Cost Reserve Cost Reserve Cost Wolf Canyon Basin Millenia Fair Share of Existing Maintenance Vegetation Removal $ 1,614 $ 1,614 Silt Removal Maintenance $ 16,637 $ 16,637 Silt Removal Screen Replacement $ 500 $ 500 Engineer's Inspection $ 500 $ 500 Periodic Inspection and Maintenance $ 1,200 $ 1,200 New Bioretention Maintenance Requirements Periodic Inspection and Maintenance $ 7,000 $ 7,000 Add 2"Mulch $ 7,319 $ 7,319 Bioretention annualized Replacement $ 6,273 $ 6,273 Total $ 41,043 $ - $ - $ - $ 41,043 Poggi Canyon Channel $ 210 $ 210 Detention Basin $ 285 $ 285 Total $ 495 $ - $ - $ - $ 495 Birch Street Filters $ 3,200 $ 3,200 Total $ 3,200 $ - $ - $ - $ 3,200 Vactor Truck Replacement $ - $ 2,448 $ 2,448 Total $ - $ 2,448 $ - $ - $ 2,448 IV.TOTAL STORM WATER MAINTENANCE $ 449738 $ 29448 $ - $ - $ 479186 TOTAL MAINTENANCE COSTS AND CONTRIBUTION TO RESERVE $ 4329683 $ 1029961 $ 2319806 $ 889053 $ 8559503 V.ADMINISTRATIVE EXPENSES $ 209000 $ 209000 VI.MAINTENANCE RESERVE $ 439268 $ 239181 $ 669449 VII.TOTAL ANNUAL COST AND CONTRIBUTION TO RESERVE $ 4959951 $ 1029961 $ 2549986 $ 889053 $ 9419952 2014-01-07 Agenda Packet Millenia Maintenance CFD budget 9-20-13 Page# 13*ge 3 i I 1 I' i . 6 ?I THE ORIGINAL OF THIS DOCUMENT Recording Requested 13y, VA RECOID ors OCT28 2009 and DOCUMENT NUMBER O µ0 389 When R cord d Mail TO: DAVID L,BUTLER,COUNTY RECORDER SAN DIEGO G COUNTY OOUNTY RECORDERS OFFICE TIME. 2:10 PM City Clerk City of Chula Visa 276 Fourth Avenue Chula Vista, California 91910 EXEMPT FROM RECORDER'S FEES Pl rsuant tO GOVERNMENT C DE1 §6103 (IlBOVE49 SPACE FOR R E CO R DIER'S US11 UNL Y) I AGREEMENT REGARDING CONSTRUCTION of PARKS IN A PO TION OF OTAYRANCHEASTERNURBANCENTER THIS AGREEMENT TT REGA DIN CONSTRUCT10N OF PARKS IN A PORTION ION OF OTAY RA C14 EASTERN N f A l CENTER ("Agreement"') k made as of this I 5th ay of September; 2009, by and between the CITY OF CHULA VISTA! a California municipal corporation and. ha er city ("Cite") and Wflrt I LLIN OTAY RANCH LL C3, a Delaware limited liability company "{Mel JI]iW wi th reference to the fib IIo in g wets: WHEREAS of y Ranch is a master planned community with-in City that consists of vario s "Villages,'" A portion of C tay Ranch, called the Eastern Urban Center ("EUC'"), will consist. of a high-intensity niiNture'of retail,, eiinployment, civil, cultural and rnedium- h-to- urban-core levels of residential uses* WHEREAS, McMillin owns approximately ninety percent of the EUC area, The legal description of the approximately 206.6 acres of IB C owned by McMillin :`WMYIlin Property"), which is the subject �� this A �reenie�nt, is shorn on Exhibit'A hereto al on � � vii a map of EUC showing the remainder, owned other owners "Other Owner Property"), is not governed by this A.greenient; vl4-E4 EAS, California Government Code §66477, el .rc* . the l i u "` Q Act"') and the City's Parklands and Public Facilities Ordinance, [Chula Vista Municipal Cody "CVMC'' Cha ter 17.1 P o J? as amend d, require that developnient projects Provide land are InI rov mcnts for neighborhood and community arks and recreational facilities.�trer for a credit against the payment of fees or dedication of land if the subdivider rovidcs ark and P � recreational inm r venient . and rn-lit the City to require a combination of dcdie Lion and Payment of in-lieu fees 'If the City detennines that the combination would better serve the public; Attachment I to Resolution'2_009-226 Pa e I of 2014-01-07 Agenda Packet Page# 139 i WHEREAS, the PL 's re luiremcnts have been and will be imposed on the McMillin Property through conditions of approval of tentative maps and supplemental subdivision improvement agreements; WHEREAS, the Quimby Act, the PLDO and the Otay Ranch General Development Pian '`G DPI') parks and opein space policies require that E C-provide 3 acres of neighborhood and community parks per 1,000 residents; WFIERF,A , approximately 2336 acres of Parkland would be required of the Mc]Milli Property. This figure is based on the PLDO's assumption that there will be an average of 2.61 residents in each of the 2,983 Multi-far ril y units. in the McMillin Property and its and the GDII's requirement to provide 3.0 acres per thousand residents — i.e., 2,983 units times '2.61 residents per unit tunes 3 acres per [divided by] 1,00 0 residents equals?3.36 acresr WHEREAS,, the GDP policies: i state that the E C will provide local parks, lolwrn squares, plazas or other park facilities to meet its needs, pursuant to the EUC Parks master flan, which may include variations from,conventional parkland standards; and (ii) allow pedestrian spaces, plazas, promenades and town squares to be credited toward satisfying th.e EUC park requirement; WH AS, the SSA Plan for EEC anticipates that E C will provide sufficient area and facilities to meet its recreational needs on-site and a portion of its recreational needs will be provided through the payment of in-lieu fees. The SPA-level parks master plan considers the needs and standards identified in the framework strategy prepared for the iversity,stLidy `ca-.. .- `and the E -specific policies of the General Plan and GDP, which allow variations rom conventional parkland standards. Thus, E C will provide a net)AI- rk of public and private pedestrian spaces, plazas, paseo , promenades, and squares to create a pedestrian and recreation- oriented environment, with additional fees paid "in lieu" of land c nsisient with the EUC pans master plan and PLDO. In addition to traditional parks, EEC will receive a credit for the 2.75 acres of additional recreational facilities provided in districts 1; 4 and 8 in the form of dedicated jogging paths and office plazas; i11 EAS, the parties intend'by this Agreement to implement nt the requirements of the E C SPA Plan, the PLDO, the Quimby Act and the conditions of approval of tentative naps for the McMillin Property by establishing park rand dedication, im rovernent and additional in-lieu fee requirements which satisfy park r gUirements for the McMillin Property'. WHE I AS; the City's General Plan contemplates development of E C as the focal point for the east area plan, with EEC comprised of a vibrant and intense mixture of land uses in an urban setting. 'Simi'larly, the San Diego Association of Govcnulients has identified EIJC as a smart growth urban center. These urban centers attract a different demographic profile than the surrounding suburban development in Otay Ranch, so successful implementation requires that an emphasis be placed on plat rna ing in the public realm, including as to parks and other public spaces. The General Plan also contemplates the development of standards for bath pudic and private- uses; unique to the mern Urban Cenie-, to Delp create this urban character. This Agreement reflects these unique approaches in applying City standards needed to accomplish the vision of C contemplated by the General Plan and the Otay Ranch GDP; Attachment i to Resolution 2009-226 Page 2 of 2 2014-01-07 Agenda Packet Page# 140 i I i I WHEREAS. City, by entering into this Agreement, finds that due to the unique, urban higb-density nature of the EUC. suitable land does not exist to satisfy the entire 23.30- acre I parkland dedication requirement solely through the dedication of parkland and improvements; the City further finds that, as a result, public interest and the park and recreation creed f th o e future EUC residents would he better served through a combination of parkland daedicatimi, = gar land development improvements and in-lieu fees; n approximate estimate of park costs = appears in Ex hi bi t F hereto); and WHEREAS, this Agreement dues not increase or decrease any park obligations but instead clarifies responsibility for the PLD0 requiremcnts attributable to the McMilfin Property by addressing: the amount. of land required, in-lieu fee payment requited, ark design, ark construction, bonding the level o 'amenities to be provided, event programming, and-the lundi g ; ofmaintenance. NOW, "HERE ORE. in consideration of the mutual covenants herein contained. the parties agree as follows: l e niti n . In addition to ternis defined in the Recitals the followin ternis shall have the indicated.definitions throughout this A rcement; L] "Association" means the property owners (hone or business) association whose territory..includes the obligation to operate and maintain a private Urban Park or Urban Recreational Facility. 1.2 "'Commence Construction" means a construction permit or Other such approval necessary to commence construction has been issued by. the City and construction staging has.began, 1. "Complete Construction" means that construction of a park has been completed to the reasonable satisfaction of City's Director of Development elope ent xclusive of-the warranty period, ' 1. "CVMC" means City's Municipal Code. . 1.5 "District" means a planning district within the McMillin Property� ray a shown on exhibit B. 1.6 "Escalator" means the pereenta a change in construction costs calculated pursuant to CVMC §17.10.110, w ich oullines park development fee updates, roni the month of approval of this Agreement to the month of issuance of the construction permit for any one park. 1.7 "Ire-Lieu Fees" means park- acquisition and parkland development fee obligations pursuant to Cali fomia Government Code §66477 and City's PL DO. 1.8 "MD" means irrevocable oft r of dedication. 1. `*Park Improvements" means the improvements � r the City-approved park- construction documents. Attachment 1 to Resolution 2009-226 Pa c 3 of I 2014-01-07 Agenda Packet Page# 141 1.1 ',"Park Master rr Flan" means the Master Plan as defined in the Chula Vista Landscape Manual Section One—Submittals. ift 1.11 "Turnkey, means designed and constructed consistent with the provisions of the Chula Vista Landscape Manual, the SPA Plan, and related Development Services Department specifications and policies in effect on the date of this Agreement, and ready for use without any further Improvements required, including provision for a City Council--approved three-pay agreement among McMillin; City and a landscape architect for the design and preparation of a specific Park Master Plan and preparation of construction documents. 1.12 "Urban Parks"' means the six publicly or privately o wned parks shown conceptually on Exhibit B. 1.13 "Urban Recreational Facilities=" means the office plazas and jogging paths within Districts 1, 4, and 8 shown conceptually on ]_ hi it 13 and described ill the E C SPA Plan. 1.14 "value Engineering Guidelines" mans the guidelines in E hi it C. 2. Satisfying ! McMillin shall sallsfy the PLDO for the McMillin property by providing the following: 12.88 acres of Urban 1' rks, 2,75 acres of Urban Recreational Facilities, and In-Lieu Fees in an amount equivalent to the parkland and parkland improvement value of 7.73 acres. - 2.1 Urban Parke. - M Milfin-sha:lf-pr id approximately 11,88 acres of land P with Park lm -roves ts, �ursu t to C VMC�.§§1 7'.10.0140 and 17.10.050. as Urban Parks on the following terms: l Park Master Plan and Approval of Construction Documents. McMillin shall use City's customary procedures to design, and obtain City approval or the designs of, Urban Parks. All Parr Master Plan designs and design approvals shall be consistent with the 13UC SPA Plan, the PLDO and the City"s Landscape Manual. Each Park Master flan shall be processed through the foil grin ,ste s: (i) City and McMillin shall enter into a three party agreement with a landscape architect to design a Park Master flan and prepare construction documcnts., to the satisfaction of the DI rector o1`I ev clopm ent Services. (ii) In order to facilitate the .11ark Master flan and Construction Document process and milestones identified in the City's landscape Manual,City and WMillin shall hold a scoping meeting at the beginning of the design process for each Urban Park to confirm the design intent of the particular Urban Park-(S) and to identi�' applicable City requirements prior to initiating design work. City and McMillin acknowledge the need for close coordination during the design phase to ensure the final, approved docuilients reflect the intent of the Eastern Ufban Center Urban Parks, Recreation, Open Spacc and 'Trails- Plan and other applicable City requirements. City and McMillin also no wled a that Attachment 1 to esolution 009-22.6 Page 4 of 2014-01-07 Agenda Packet Page# 142 I I I . I I I I. I refinement to the process relay be appropriate over the ter i of this Agreement to improve the design; review, delivery and ongoing operation of the EEC Urban Parks. To accomplish this end result, a "post design-con truetion meetin g shall be held among Citv, McMillin and the design leam to identify areas where actions can be taken (design, materials,, construction-coordination, phasing, delivery, maintenance etc.) that could improve the design and delivery of each' subsequent Urban lark, b Level of Impro vcnients. The I in provem ent s for each Urban 'ark provided pursuant to this Agreement shall be 'in Turnkey condition and consistent with the SPA Plan and Exhibit 1 As adjacent land uses are defined, McM'Il i'i or City nay propose that facilities to be provided within each Urban Park be modified or rearranged � } to complement adjacent land uses. Such changes are subject to City revie w and approval. (c) `onstructionai inn. McMillin shall provide City are IOD l r the land needed for each Urban Park as a condition of approval ofa final subdivision i s p for the area that includes that Urban Park, McMillin shall Commence Construction of each Urban Park consistent with Exhibit D hereto, `Thresholds for Iarls aaciliies,: McMillin shall then pursue that Construction diligently to Completion. The "om p letion of Construction for each BUC Urban Park shall be consistent with E hibit D. In ad itiori McMillin shall submit. for City revie w and obtain City approval of the construction bud t for each Urban - 'ark and "l"own Square park- prior to park construction Commencement. Construction budgets, establishe4 at the time construction documents are submitted. should reflect both the base requirement established by the parkland development component l the PLDO and the proportionate a ioum of In-Lieu' n- i Fee of 5.88 acres being applied, d) Boundary Adjustmcnt . 1"he parties agree that minor adjustments to Urban Park boundaries may be appropriate to optimize the interlace with adjacent development. All such adjustments shall be subject to City review and ap rov 1. No4thing in this section shall be construed as allowing any reduction in the overall acreage of Urban Coat• , but-additional r c e provided may result in a credit at City's discretion. I (e) of Costs. -McMillin shale, within sixty days of Completion of Construction, provide City, for its review and pp rova l al I documentation City reasonably requires to evidence the completion and costs of each Urban Park: reflecting as necessary the provisions ol;section 3 of this Agreemcni. City approval of that cost documentation shall constitute confiniiation of the acreage and acreage equivalencies provided thereby, 0 Title, For public Urban Parks, Cite shall accept title pursuant to its customary procedures. For private Urban n Parks, McMillin shall irrevocably and without charge grant City a right of public use and access over, through, and across said facilities for parr and recreation purposes. City shall accept and provide credit for Urban l ar-s on land subject to easements so long as the lard is usable open space and a park- use would not be Inconsistent with the easements, such as underground sewer easements. Attachment I to Resolution 2009-226 Page. of 22 2014-01-07 Agenda Packet Page# 143 : 2,2 Urban Recreational Facilities. McMillin shall provide 2.75 acres of Ur ball Recreational Facilities i Districts f, 4 and 8; co nceptuaI I shown on Exhib it B and as described in the EUC SPA flare., on the f olio wing terms. City has determined that these Urban Recreational Facilities are usable for active recreational uses arid. therefore, eligible as a credit toward Mc illi "s parkland dedication requirement.,pursuant to the PL DO. a Urban Recreational Facility Park Cr dit. McMillin shall receive 2.75 acres of parkland dedication and i mprovcrnent credit for delivery of Urban Recreational facilities x%ithin Districts 1, 4 and 8. City shall require the construction of the Urban Recreational Facilities as shown in Exhibit B. ]prior to the approval of a final neap containing an Urban Recreational Facilit r, the applicant shall provide and secure an engineer ft s cost estimate for the on-site Urban Recreational Facilities. (b) Implementation. McMillin or the successor owner of the affected part of the McMillin Property shall, its accordance with the timing set forth in 'Ex.lei b it ,h,r ire holds for Parks and Facilities."' provide City for review and obtain City approval for construction plans for Urban Recreational Facilities. McMillin shall also provide City,. ! r its review and approval, master Association covenants. conditions and restrictions to document responsibility for long term maintenance. Improvement plans for Urban Reercational facilities shall be reviewed by the Zoning Administrator pursuant to the SPA and City's customary improvement ent plan revie w procedures. All designs shall be consistent with the EUC SPA Flan and City's applicable regulations. (c) Construction/Timing. McMillin shall construct each- -Urban Recreational F ility, or the contained segment, eoneur�renily with developme .t of the - - WF surrounding community and in accordance pith'the timing set forth in Exhibit D. Unless other timing or phasing is pproved as part of a discretionary permit, all such #'a:ilities hall be completed prior to request for final inspection for the first residential unit or non- resid ntial space in Districts 1, and containing said facility segment. In addition, the applicant shall submit for City revie w and obtain City approval of the construction budget for each Urban Recreational Facility, or segment thereof. prier to Commencement of Construction. Construction budgets should reflect both the base requirement established by the parkland development component of the PLDO and the proportionate arnount of In-bleu Fee of 5.88 acres being applied, as described in section 2.3, below. (d) Documentation of Costs, McMillin shall, within sixty days of Completion of Construction, provide City, for its review and approval, all documentation City reasonably requires to evidence the completion and cons of each Urban recreational Facility. City approval of that cost documentation shall constitute confirmation of the acreage and acreage equivalencies provided thereby. Should more than a total of 2.75 acrd of Urban recreational Facilities be delivered in Districts 1, 4 and 1 , then the applicant may transiler that balance within the EEC to offset other parks obligations or establish credits for future use sub ect to the review and approval of the Director of Development ent Services. Should the applicant deliver less than a total of 2.75 acres of Urban Recreational Facilities in Districts 1, 4 and 8 then the applicant shall provide the valance in either a additional acreage or equivalency in EUC Urban larks, h additional improvements in EUC Urban parks and/or pay fees equivalent t the Attacb eot I to Resolution 200 9-226 rage 6 of 4 2014-01-07 Agenda Packet Page# 144 I ' i i i i balance ofacreagle based on the City fees In effect at the time subject to the review and approval of the City Engineer, (e) Boundary Adjustn'ients. The parties agree that minor a4justments to Urban Recreational Facility boundaries may be appropriate to optimize the in(er ace with adjacent development. All such adjustments shall be sul feet to City review and approval. Nothing in this section shall be construed as allowing any reduction in the overall acreage of Urban Recreational Facilities, but additional aera- e provided may result in a credit at City's discretion. 1"'Ttle. City shall accept and provide credit for Urban recreational Facilities on land subject to easements so long as the land is usable open space consis het , with the SPA and a recreational use would not be inconsistent with the easements, such as and r round sewer easements, 2.3 Credit DIY n t- n_ . u Fees. City has dete rniined that McMillin a satisfy 7.73 acres of McMillin-s PLDO obli}lation through In-Lieu Fees, cMilfin will provide park and recreational finprovernents to the dedicated land describerd in se' ti rns .l and . , above, equivalent to the value of 5.88 acres of parkland dedication and developme t, for which McMillin will-receive n credit against the payment of 5.88 acres of In-Lieu fees. The p ark and recreational improvements shall be provided as folt w . (a) Implementation. McMillin shall deliver physical improvements., beyond the base leve.1 accounted for in the PLDO development f e, in the public Urban Parks, private Town Square; and the Urban Recreational Facilities. OnK, the Bost of those enhancements consistent with F-4,UC. SPA Plan and approved by City and McMillin shall be eligible for credit against the payment of In-Lieu Fees. (b) Acreage Equivalency. The value of the additional park and recreational improvements to the Urban Park, private r1"own Square. and/or any Urban Recreation Facility shall be converted to an equivalent acreage as shown 'in Exhibit "Monitoring Table/Equivalency Calculations,," based one the PLDO as of the effective date of th i s reement, adjusted by the Escalator l ursuant to Section �. (c) Documentation of costs, McMillin shall within sixty days of Completions of Construction of each Urban, Park, To rn Square or Urban Recreational Faciiity nor which McMill1n seeks credit toward payment of In-1,ieu Feet pro vide C i ty all documentation City reasonably requires t evidence the a count e end 'd - park and recreational improvements, beyond the base level accounted for in the PLD development fee. City approval of that cost docunnentati n shall constitute confir` ation oI#the acreage and acreage equivalencies provided thereby. (d) Additional Credit. Should McMillin expend or invest more than the equivalent of 5.88 acres of parkland dedication and development. oil approved f cilities, with casts documented in accordance With S Lion 23(c), McMillin may rccei ve credit for the vale of* those expenditures, at the City's dasUction toward any .additional EUC park requirements. Attachment I to 1 esolulicn 2009-226 Page 7 of 22 i 2014-01-07 Agenda Packet Page# 145 l a vi ent of f-1 ieu Dees, McMillin shall pad' City the remaining fn-Lieu Fees equivalent to 1;85 acres of parkland acquisition and de velopment as follo%ors: (a) Payment Amounts. The In-Lieu Fees shall be paid at three residential devc1opment milestones. The first payment shall be cq ivalent to 0.6 sure R and the second and third ayments shall be equal to 0.61 acres each. .The actual amount of each payment will be deters fined by multiplying both the parkland acquisition flee and the parkland devel pme nt'fee, as set forth in the PLDO at the time of`paym rat, by the aforementioned acreage. (b) Tinging of Payments. The first payment, equal to 0,63 acres, shall be made -prior to the approval of the first final neap which grants any residential development fights. The second payment, equal to 0.61 acres, shall be made prior to the ap r vaI o f the filn l neap that could allow the 100 0"' uni i n the McMil I i n Property. The third payment, equal to 0.61 acres, shall be made prior to the approval of the final map (fiat would allow the 2000th unit in the McMillin Prop erty. . Additional Parkland Ae i uisilion Parkland e Selo rnent and In-Dieu l ee obli ti ns* In the event that residential, hotel, motel or other development as described in VM §17.10.040 occurs within the EUC above and beyond 2.983 units and that de elopinctit results in additional parkland, park acquisition or in-lieu fee obligations in accordance with the 1 LDO, McMillin shall satisfy the additional obligations to the satisfaction of the Director of Development Services, 3. Escalator. McMillin shall.be responsible for increases in costs of providing Park 1m pro vements as foilo s. .The use oft he Escalator is shown in Exhibit 1-0. i f Urban Parks and Urban Recreational Facilities. All parkland and improvement costs will be escalated in accordance with the improvement component of the PL DO and the terms of this Agreement; in the event of a conflict between the PLDO and this Agreement, this Agreement shall prevail. 3.2 Credit A aainst fnA ieu Fees. For those park and recreational improvements for which McMillin seeks a credit against the payment of In-Lieu fees, the Escalator shall apply'to both the acquisition and development components of the l L o. Time o f Calculation. Total required Park Improvement costs shall be calculated as of'the issuance of a construction permit for each park. Program . In order to help encourage the sense of community of the McMillin Property's residents and businesses, City may consider approving at least twelve (12) events per park per year if proposed by McMillin or an Association, subject only to reasonable insurance, public health and safety requirements and in accordance with CVMC and zoning requirements. Any proposed event shall not exclude attcndance by any member of the public. Suitable events include community; health (e.g.,, exercise, yoga or Tai Chi classes), art, science. literature local business, and health fairs: recreational events; farmers* markets; seasonal and holiday events; and outdoor performances. All events shall be consistent with the underlying zoning and tine requirements of the CVMC unless otberwise modified by the EUC S A'Pl n. Attachment I to Resolution 2009-226 Pe i;22 2014-01-07 Agenda Packet Page# 146 I City may consider establishing a strew dined process allowing City to accommodate requests for general public event S at lea t twe lve privately-sponsored events per year) to be held on the McMillin Property subject to the provision of blanket insurance, public health and safety requirements. City will have the opportunity to request and receive approval ltoni the Town � i Square site owners/owners representative(s) for.at least helve 1 publiely-sponsored events per year at the Torn Square private park site subject to the provision of-'blanket insurance. ALaintenance, A Urbgji Parr .. City and/or McMillin shall maintain the public and private Urban Parks as shown in Exhi. `I B to established City standards or.as ran Sher be dcned within approved park in aster plats. I y .a Public Parks. City and McMillin shall--.%split-equally(.50-50)-the costs o maintaining Public Parks; determined at the park master plan approval stage and based on preliminary cost estimates provided by both City -and McMillin. City's share {and -thus--M cMi lJ:in's basic share,-subject -to Section --shal-I be based-on the aver t,e ar r l.:rnai t nanee e for 21.51 aer ':::: ��.- acres:I s .-:.-t a-1.85 0ITI'S�il -ln� ieu Fe'e acreage) a h.- scal year as calculated for the City"s bbd get'-for public p arks. Should maintenance costs be d tern fined to be overly burdensome on either City or McMillin at the lime of 'Individual park master plan submittal/review, the park flacilifies shall be adjusted .and.approved in accordance with the Value Engineering Guidelines in 1�tolenan. Shou''Id''. I . a rs d. ta:r ied above :. Mi v iii 'reserves 'the c t ...t 'i n rea e its 0rti n f the d :#. : t :i It's 4e d re ti . :Sh .�ul :MicM-i1.1 it 1, t.'. �'t . :s:o�e::. �. .reti :.:::.d. � e to i ncrease .t .:p rt i .r .. ' .:requir d to match tl a funding 1.11 order to rna nt the if fit �50)splil'of maintenance costs. I I (b) Private larks. McMillin shall be responsible for maintenance of rivatc parks within the McMillin Property,, to the satisfi ction of the Director of Development Services, until an Association or other entity Assumes responsibility, ill writing.,, for maintenance of the park, pursuant to CC&Rs approve'd by the City. Urban Recreational Facilitie .� ,. qty shall maintain the Urban Recreational facilities that are within publics street rights-of-way to established City standards and as may further be defined d Within the approved improvement � Y prop event p� ��s� City aid 1fe����rn may also enter into a n agreement to pernixt maintenance of Urban Recreational Facilitie within public rights-of- way blic by an Association. [urban recreational facilities incl tided in individual pr ject submittals to City's Design Review. as dctailed in' the Threshold for Parrs and Recreational Facilities (!��xhibit , shall either be included in or annexed to a community facilities disirict a : assessment district, an Association, or equivalent entit y that would finance maintenance, Districts', City and McMillin agree that cMillins portion of park , maintenance costs may be covered through incl u ion in a mainte nance district. Should this occur, those #lads collected for park maintenance will be used soley and entirely On part: 11-taintenanee and will not be used to corner the r aintenancc costs of other facilities. Attachment 1 to Resolution 2009-226 Page 9 of I X014-01-07 Agenda Packet Page# 147 6. Rent,Concessions and Events, - ,eases; concessions and special events are Contemplated i n all of the-parks..in the Me Mi 11in Property. A Rents and Concessions in Public Parks. City shall Control leasing and concessions within all public parks in the Me-Millin Property, subject to City's customary pennitting process. Net proceeds i.e. revenues to the extent greater than expenditures) received by Oty therefrom shall be deposited into a City-Controlled capital reserve fund to be used sol y for capital replacements or improvements within public parks within the McMillin Property. 6.2 Events In Public Parrs. Net proceeds received by City from Current and prospective City-wide programs and events shall be used by City at City"s discretion. Net revenues received by City from non-City-wide programs and everts. 'in: a public:-pat#k-. ih:."Ifie McM llin Property shalI-b deposited into City- control I ed Capital.res rve fund to.be used solely ` xt l replace ' eply: M SI or irr er s r h .pub i ark rit n f it f'ro #. p . Private Parks. The mN er of each private park in the McMillin Property shall have furl decision'-making power over leasing and concessions within each such park, as well as Control over and the fight to receive any revenues derived therefrom and will confer in good'faith with the City to avoid Conflicts associated with a competing or conflicting activity or use with an existing or proposed City activity or use in ail E,UC park. Should City sponsor any event in any private ITC park, then the net proceeds received therefrom shall be deposited into a City-controlled capital reserve fund to be used solely.for Capital replacements or improvements within parks within the McMillin property. 7. Seep *1 McMillin shall post security with City in an amount equal tc 100% ofd. the Cost of constructing the Park Improvements, as d #eniiined by City based on final construction documents subniitt d by McMillin. The security shall be posted as a condition of receiving an urban Park construction peniiit and prior to recciving any building permits for the EUC. City may use that security to Complete Construction of such Urban Park or Urban Reercational Facility, and to satisfy In-Lictj Fecs, should McMillin fait to meet its obligations to do so. City may reduce and release these securities pursuant to City's custol art procedures and schedules pro rata upon completion or payment of the parks and fees described in Section 2. City reserves the right to withhold issuance of building and/or construction permits for units or properties wilhin any part of the EUC when parks have not been Completed as shown its l" hi It D,, "Thresholds for [larks." All security shall be a bond or letter of credit sUbject to the reasonable approval of City. McMillin shall pad' the City the difference between flie total cos(s incurred to Complete Construction and satisfy In-Lieu F cs, and any proceeds from the security. 8. Delays. City may approve extensions for the date For Commencement and/or Co mplction of Construction of any Park dine to City delays in approving park puns or due to force majeure. In addition, City may consid r changing the construction schedule if appropriate to improve the relationship of certain parks, such as the Civic Plaza, with its surrOL[n iin community. 9. Joint Lase. McMillin and the City agree to meet in good faith to discuss the feasibility of entering into a joint use acyreernent frith the Chula Vista Elementary School District ib should that district wish to pursue joint use of a park adjacent to its property. The details and Attachment 1 to Resolution 2009-226 Page 10 of 2 2014-01-07 Agenda Packet Page# 148 71'. i. contents of such an agreement shall be in accordance with the CVMC, the EUC SPA Plan this Agreement and any City park standards in effect at that time. 10. Public Works. When constructing, or entering into any contract relating to the design or construction of. an Urban Park, a Park Improvement or any other park or'r oreati nal i-niprovenient -required b this A rcer ent (collectively, the "Inn rovements" ,, McMillin shall comply with City Charter Section 1 009; the City's policies and procedures ;oeir competitive bidding far public works projects, and all ether applicable local, state and federal = requirements in effect at the time the bidding and contracting for, or construction of~. the Iniproveme ts-takes place. Changes. City res rNres its right to aniend the PL DO. SPA Plan and parks master plan', subject to state and federal law and to a development agreement ,between City and McMillin.. The Parties agree that.. should any changes in state or federal law result in one or :. more provisions of this Agreement no longer being enforceable, the Parties shall meet and confer regarding amending the Agreement accordingly. The required PLDO fee obligations and valucs are sub ct to periodic updates. Mc lillin's fee obligations are based on the level f fees in effect at the t i rne the Fees are paid, wi th the.exception of the fee, obligation described in Secti on 2. . Ciij Action. If the City Council finds that the proposed design ofa park within the McMillin Property is inconsistent with 1he SPA Plan, McMillin shall have the opportunity to re-design the park and brmi! the revised design for the City Council's consideration. 130 Miscellaneous llaneous Provisi n . 13.1 Notices. All notices and demands given pursuant to this Agreement shall be written, They shall be decreed seared i zmmediately; upon personal delivery; H the next business days i f seat prepaid by recognized o�vemi ht service such a Fed for 4elive the next business r s s day; or three business days after deposit its the United States mail, certified or registered mail, return receipt requested, first-class postage prepaid. Until notice of a change of address is properly given, notice shall be giver: F' 117 to City: City of Chula Vista Attn:James D. Sandoval, City Manager 276 Fourth Avenue Chula vista. C'-alif`orri I With a copy to: Office of the City Attorney Att»: City Attorney 276 Fo rth A ven LI Chula Vista, Cal i 11orn ia 919 10 if to McMillin: McMillin Otay Ranch L LC C/o McMillin illin Companies LLC Attn: Mr. Todd GalarneauM 20 Womble Road Attachment 1 to Resolution 2009-226 Pa c 1 1 of 2014-01-07 Agenda Packet Page# 149 Saxe Diego, California 92106 With a copy to; Hecht Solberg Robinson Goldberg& Bagley U Attn: Mr. Richard Schulman 600 W. Broadway, " Floor San Diego, California 92 101 13.2 Caption Captions in this Agreement are inserted for convenience of reference. `l'liey do not define, describe or limit any terns of this Agreement. 13.3 Entire A areer ent. This A eement em odies the entire a reen�er�t and understanding bet ween the parties regarding the subject 'matter hereof. No prior or conte i poraneous oral or written representations, agreements, understandings and/or statements regarding its sut�jeet matter shall have any force or effect. This Agreement is not intended to supersede or amend any other agreement bet%veers the parties unless expressly noted. However, all previous written a;recinents; such as supplemental subdivision improvement agreements, by and between the parties relating to park obligations as Yell as City's Parks and Recreation Master Man and Landscape Manual, remain in Bull force and ei'l c,:t except to the extcnt. they conflict with this Agreement. 13.4 Contents of )reement. All recitals set forth above and all exhibits attached hereto are part of this A reement. 13.5 Severahilit . If any provision of this Agreement or its particular application is held invalid or-unenforceable, the remaining provisions of this Agreement, and their application, shall remain in full force.and effect: unless a party's consideration materially fails as a result. 13.6 Recordation. The City may record this .Amendment in the Offlice of the County Recorder of San Diego County, Cali fiomia- 13.7 Pruaration of , �r=sent. No inference, assumption or presumption shall be dram From the fl act that a party or its attorney drafted this Agreement. It shall be conelLIsively presumed that all parties participated equally in drafting this Agreement. 13.8 Authority, Each party warrants and represents that it has legal authority and capacity to enter into this Agreement, and that it has taken all necessary action to authorize its entry into this Agreement. Each individual signing this Agreement on behalf of are entit y warrants that his/her principal has duly authorized hinilhcr to sign this Agreement on its beh ff so as to hind his/her principal. U).9 Modification. "this Agreement ma y not he modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowled cd by the parties hereto, their successors or assigns. Attach n( l to Resolution 2009-226 Page 12 of 2 2014-01-07 Agenda Packet Page# 150 ...... .... ........... ... .._... .vim.. ... .. i I .... I li i i i ' I 13 o Successors, (a) Subject to paragraph 1".10(b), McMillin shall remain responsible to City for compliance with this A reeme t. However, McMillin may contractually .H obligate, to McMillin, mcr hart builders or other successors without:--aff ctin City's rights hereunder. Should McMillin transfer or assign its interest in the McMillin P-roperty, in whole or in part. to any person or entity during the Tenn of this Agreement, any such transferee or assignee shall be bound by this reeme , as applicable to the portion of the McMillin Property acquired the transfer or assi gnient. 1 ' o action by McMillin pursuant to this section without the City" consent, shall relieve McMillin of its obligations tinder this AgreemQnt. (b) �a McMillin's design, construction and payment obligations hereunder rna f be performcd or relmbu-sed, i11 ho]e or in part, by a ommuni ty facilities district or similar financing district, subject to approval by i - R r a y f � I la7 o f 1�`�` s provided in or as modified by the Development t A reeme .t, McMillryi n may urWe construction in accordance with CV MC §3.50.140, (c) ol" liar e with 'this Agreement shall he deemed to satisfy y M Milli n's T)LDO and' SPA Plan obligations relating to Parks. Once all parks and improvements have been constructed and dedicated, as required by this Agreement including any additional park obligations that may be required pursuant to section 2.5 above, all park; dedication and improvement requirements for the EUC shall be deemed complete and the obligation shall be removed from title, as to McMillin and all merchant builders deg{e!o tog within the y McMillin Property. 13.11 Te n, This Agreement shall remain in effect until, but shall automatically terminate upon, City acceptance of all the public Urban barks and Urban Reere . ional Facilities, the Completion Of CoxIstTuetion of tine private To wn Square and Urban f ecre tional Facilities. the construction and delivery of park and recreational improvements equal to the value of tbe' total credit against In-Lieu Fees, 'arid payment of In-Lieu Fee obligations per the terns of this gree���ent• provided, � � A p �, however, that the. provisions of Sections .l a , .1 b and 3.1 shall survive ten nination of this Agre mcnt . _ 13.12- Governing Law and Venue. This Agreement shall be governed by and construed in acrt cor&uice with the laws of the State of California. Any action arising under or relating to this grrecmcnt shall be brought � .� ought only in the ede�ral r state courts located in San Diego County, State of Cal ifornia{ and if applicable, the City of Chula Vista{ or as close thereto as possible. Venue for this Agrecincnt,and perfiormance hercund r,, shad be the Cit y of Chula 'vista. Administrative Claims ire quirements and Procedures. No suit or arbitration steal l be brought an sing out o I'this A greement at,ainsi the it � � �` � y unless a ia�n� 1-,a f�rst been presented in writing and Filed with the City and acted upon by the City its accordance-with the pro .ed ores set forth in Chapter 1.34 of the C MC, as sane ma y from time to time be amended the provisions of which.are incorporated by this reference as if f�u I set fo rt herein and such policies and procedures used by City in the implementation of sarne. Attachment 1 tO Y esO ILItion 2009-226 Page 13 of 22 2014-01-07 Agenda Packet Page# 151 13.14 Indemnification. McMillin shall indemnify, protect and bold the Cit y. its officers, employees, agents and independent contractors, free and hannI ss from any liability whatsoever or any damage of any kind or nature, relating to, arising out of, or alleged to be the result of acts, omissions, n li nce or willful misconduct of McMillin or Mc illin's employees, subcontractors or other persons, agencies or fiTnis for whoill McMillin is legally responsible. (collectively, "McMillin"), relating to r arising from McMillin's activities contemplated under this Agreement, excepting only those claims for damages arising from the Bole active negligence or sole Willful misconduct of the City. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passi I I . i I I FN WITNESS WHEREOF, the parties here(o have caused this Agreement to be executed the day and year first set forth above. I I. I CI'T'Y OF CHULA VISTA, a municipal McMIL N OTAY RANCH, L C, a , corporation Delaware limited liability company . I. Delaware limited liability company I.. Cheryl C 4 Mai r Its: Manager I I I I I Attest; By izo?� I tee Name: FAI Donna R.Norris, City Clerk I By APPROVED AS TO M: Its, Printed Name:: � .� I -- I . { B k a . die l fit tte r I i I I� I' t. i i. i i i. I. i I i I i I i� I I i I Attachment I to Resolution� tae 15 of 2014-01-07 Agenda Packet Page# 153 CALIFORNIA ALL PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 1 S'TAG'E OF CALIFORNIA COUNTY i SAN DIEGO On October�1 s 2009,.before me, Ann M. Futo,Notary Public., personally appeared Todd G l meau and Nip:k Lee, wh o proved to ni e on the basis o f satisfactory evidence to be the Person who h se rare(s) i-s/ar subscribed to the within instrument and acknowledgeduto me that a they executed the same in f their authorized eat eit (i s), acid that by their signature(s) on the instrument the person(s), or the entity upon behalf of hi the person(s) acted, executed the instrument. i ccrtify u-nd e r P ENALTY 0 F P RJU RY under the laws o f the State of Call o ia.that the foregoing ' paragraph is true and correct. WITNESS ray hand and official seal. team . J)LAA &N mop Signature ja 2:1 "I-If t 15 '. 1�`���"'w' ",�.+`�r ' ���/�e� w,'' /�!•w,I* �s' /�/hf+'�e ��r'1F�'a�i/ .'*��!'1�'lrr1J-.�.�'..���.�� 1�''f�.�/ V �`/\.�.+ fi*w Notary Form 2009 2014-01-07 Agenda Packet Page# 154 �5 a GOVERNMENT CODE 27361 n r I . I I - I I.. I, C= =Y UNDER PrEMNALTY PERJURY THAT THE NOTARY SEAL ON THE I DOCUMENT TO WMCH THIS ST ATEM' T IS A-1-TACHED RFADS AS FOLLOWS: 4 F . I. q Marne of the Notary: :—Z,f3 T;0 S4j Cornmission Nu�nber Da-%'-.e Commission Fxpl*re 1ho, *)ot 3 County Where Bond is Filed. Mr or r Number: (Located on both sides of the notary seal border) I I . I I Signature: w fy ' I [r a*e f app Place of x .�.. r I r 5 R .Form# I (Rev.7/961 r 2014-01-07 Agenda Packet Page# 155 ACKNOWLEDGEMENT" State of Califomia County of San Diego On the 12,th day of October, 2009, before rye, Teresa Rodriguez, Deputy City Clerk-, Mp Personally appeared Cheryl Cox, who proved to me on the basis of satisfactory evidence to be the pers on whose name i s subscribed to the wit in instrument and acknowled ged to rye that she executed. the same in her authorized capacity,and that by her signature on the instrument, the person, or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJ URY under the laws of the State of Cal if rn*1athatthe forego in paragraph is true and correct. WITNESS nor hand and official seal. - Teresa d1' ue , ept :City Clerk City of Chula Visuf dk S , � w r , } F . 2014-01-07 Agenda Packet Page# 156 ii j i' I XB I BIT Legal Description of McMillin Provertv --"IIIIY ice"' I I I I III IIIIIIII i l+ M■Y�Y+-1�r I' With Ma f All of EUC. I' SEAL PROPERTY 1N THE UNtC I P I ATED AREA OF THE COUNTY OF SAN DIEGO, STATE OF I. CALIFORNIA, DESCRIBED AS FOLLOWS. PARCEL 3 OF PARCEL MAP ISO. 184811 IN THE CITY OF COLA VISTA, COUNTY F SAID DIEGO, STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAKI DIEGO COUNTY MAY 31,2000,AS IN STR UME T NO,2000-283684 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE LAID DESCRIBED Iii THAT CERTAIN IRREVOCABLE OFFER GE DEDICATION OF FEE INTEREST T EC I DEI MAY 22., 2003, AS INSTRUMENT NO. 2003-0604602} AND ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST RECORDED MAY 22, 1003,AS INSTRUMENT CIO. 2003,0604603, AND CONVEYED TO THE STATE OF CALIFORNIA IA B GRANT DEED RECORDED MAY 221 20033 AS fNSTRUMENT NO. 2003- 06 046072 ALL 0 OF]"-'[C]AL RECORDS OF SAN DIEGO C D[JNTY,CALIFORN fA I I. .F 1 F y M Fy I ,r VILLAGE 12 PARCEL 2 PM 18481 PARCEL BIRCH ROACH '. `t• ', }1* I t { 1 p `F VILLAGE I I i r. MAP 14780 APN#643-612- 2 i PARCEL PM 18481 VILLAGE 7 FTFE E. 11 LO APIA#643-060-19 PI #643-060-1 irk { 1 , F L L1 1 APr #644-070-01 Y LOT OT 2 y i DTAY RANCH MAP 862 R TO Scmm R.01&i5771 Attachrr ent 1 to Resolution 2009-22 A-1 , 16 of I 2014-01-07 Agenda Packet Page# 157 I EXHIB11" B Conceptu-'al N11. 9 2f Memillin Property and Parks Exhibit B j 01 y WAN. Nort st he a s J, J; iinteraction YON kP r Ar IF V J6 PP P v P1 A ;1 "Kinetic' ■ 4P A K 41 omp, L,r-i,1 W—M -4 1 - Rk 41 Town Square N Pe rfo n iia n c e • —P-A 6 A4 VF vT %—W hr 0*4VI■qrjp,# PP W-rt A SCUthwe St Niolion' h L k A— k uthea st . .So To Village 9 ..}f—Sbulh'Centra I 0 ifi Light % to: .I=i�Im Public RAs. M l. M\ PflVate P.,As PdVale office Plaza Jogging Path Note;Joggim path and plaza Inca, ons are wnceptual ar�d will be Se�ured ffirough Lhe Eastern Urban Center .," '% TM conditions and 0-it conceptual WGO. plarming process. Ot y Ranch Atlachmeni I to Resolutim 2009-226 B-1 Page 17 of 22 2014-01-07 Agenda Packet Page# 158 I 5, 5 ti. ' S I + I r S { ' I n I BIT C Value Engineering Guidelines . I I I . Intent: The hitent of these Value Engineering GUidelines Program is to provide a cf cisi n making tool for addressing facility design and/car iti l sioti should the Escalator and -any value engineering exercise not result in sufficient fmids to omplete. the construction o f the parks as originally anticipated. I Guid lit 1. t a i it ��t , th park facilities should meet the following in objectives; a. And fit ility re ision or reduction mum no.t.r cicr e `111accnilaking" f"Unction oI'tl e parks. b. w Facility rcducttoii or nio i f ie tions shall fi s 011 the r ccreational needs ofthe target deniogra phie as i den ti Red in the EUC S P A Plan and en s u re fact l i t ies to meet this target demographic. i. c. Any f ci ity revision or reduction should niaintain the d sign coilcept for the p rtic kar park its identlfi.M in the UC SPA Plan. I I _ i Ea ch park shall ni a i nta in th c core facilities tNat promote a niuI tip Iic:ity of're rea fio 11aI experiences rattler than a singular use(for are example; UIC 11IL11tiptirpOse field area would be maintained over a specialized COUrt sport facility). 3. Each park shall maintain at least oiic l us clemeiit that.addresses th e 'energy' design nee t for the particular piark as identif ted in the CSC Spy.Plan. 4. Bach park shall provide both shaded and stmny recreational areas. Shade can be rovided l l ' struCtUre or tree canopy. . . Each lark shall provide a complement of site funjislunus for the general operati tis ofthe park, including at a mini ium adequate r to and recycling receptacles, benches and potable pater sources. 6. At a mininium i F pro v rani nietl into the lark and identIfled iri (lie E C SPA flan, r stroc m/maintunance raeilili es wtll be provided U 11 CSS th C City cif C11ula Vista cleteniii11 es otlicrwis . The extent and design of these facilities may be SUbject to V31Ue-eii iti Grin . 7. Each tat• ShOUlcl maintain its commitment to sustain-able practices inclUding drOLIght tot rant plant neat rial , increase of pervious surfaces, low energy and low valor use fi tLza- s, f recycled materials and other measures. S. G rants or o thcr contributing fund in g sources s uch as s 1)o nso rs 111 ps S110UId h e exp Iored to increase the flinding pool and enable the initi'al design oncopts. ►tt hnic nt l to solution 2009-226 C.1 IS f 2014-01-07 Agenda Packet Page# 159 Exhibit 1) Thresholds for Parks Park 10D Scibmit Park,Muster Plan commence Constructim& Park Conipletioll � Submit Public Access Oil first Prior to issuance of fire Prior to occupancy of 100 Park to be completed one FiIlaI ma b ildinty permit for Temative dwelIia �units ithIn Tentative year'after park Map Lot 4 a) Lot 4. Commences onstr uction� P n fir Prior to issuance of first Prior to occupancy of a library Park to be completed o.ne 1 Inal Nltip bitilding 13crinit for a library or or cultural venue in Lots 7 or year after•park cotnnic aces cultural venue within Lots 7 or 16:' Construction 2 16.' P3 & On first Prior to issuance of first Prior to occupancy y of th first fork to be completed one Pasco Final Nlap bu i Id i ng periniI for Ten(ati ve building on Tentative map leis year after-park coinmences Map Lots 17 or 18. 17 or IS. Construction� 1>4 On first Prior 14)ISSUalice of first PI-i01-to OCC LIP-ZI 11CY Of 100 Park to be completed oaQ Final lap building peniiit for Tentative ""Olin nits within for year after park cc�r����3eR��*cs �i Lot 27. �I entative � lot 7.1 construction� 1115 On f i I•st Prior to issuance of first Prior to occupancy cif 65 Park to he completed one Final 1Viap building permit fir,rentative d w llino units within Tcntative year after park con-mi nces Mae Lot 26. Ma t construction� 1' n firsi Prior to issuance of first Prior to occupancy of.700 Park t be completed one Final INILip building permit for Lot 28. dwelling units within Lot ' year after park con viien ces construction� 'it is detei-mirecd that a school site will be located adJa ent to the park, tier!n construction oi't ie park shall c oinnieirc Prior to its operlin . 2 Should sufficlent evidence or bonding be provided to Elie Oily En incur enstiting that the park will be completed in a tiIlleIy ma nne r tlicn the City Eng ineer may--al low b u i I d 1 ng permits to be issued ill t 11C sUbsequent SPA-Site Ulili ation 11lan I islr acts and/or Tcj i ta tive iM ap Lot s.- Should another building fronting on the park siw replace the library or cultural vr4 nue, the issuance cif`a buildimi permit for, and occupancy of, that building will trigger the submittal of'the park master plan and the.conuiiencenlent of No te:S'ec:iion 7 "Seciiriti g AYc..s flee,Ch 11 the rigIn io ii-it rhol I)rrildh g I)e rin itsfin-iiniIs i)r pl-i q)erlivs ivithin th 'UC sholdif Park consl;-rf liol? CWrWtei4cm ion i w4 parka c.oinpletio n not om fr cis Aoivii in leis cvhibif. Thresholds for Recreational Facilifties F aciiit (s) Submit Design Submit Security, Credit Received Enghiee 's Est, & public access easenlent Jogging l':1i11 With project submittal 1116 or to pr•aj t uiIdino Ti]s'On�1�`1' ,f Condition to 11.. . _ Permit SIA/SSIAjIL. like Plazas With project submittal Prior to project Bull(lin Through'I'M I ondition tco DRC. $WSSILk s Notes: It is allliCI at d that iIldivi d1la 1 1)rllcc;t su binittaIs will c ntain their proj ec t p r'tion af'the rec:reati naI racifific:s and that the City *vill accept recreational facility ddi ery in segments through the buildout of the EUC, Pedestrian 111 r-c ve-nient Plans means the f rat r venient plans that contain 111C pcdestrian facility referenced. Attachm nt 1 t o Resolution D- 19 cif 2014-01-07 Agenda Packet Page# 160 I Co Co 7 t*3 4qq lKt cal .>. 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Q 1 a U. tares Cp11iC rV40-w0 t���O 104 rnO-�rw�t� 60&D Sao- cv�i*a��ntv ��oJo� ry � �t Lo �o t� C cq 1n tit �� a u7 i27 u Ir1 i1>rn u7 m vi M 0 ao CD;C1 :I D C�rti l+ � f. f� � r- L 2014-01-07 Agenda Packet Page# 164 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SLOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) WHEREAS, the City Council of the City Of Chula Vista, California desires to initiate proceedings to create a Community Facilities District therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance, as originally enacted and subsequently amended pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District shall hereinafter be designated as Community Facilities District No. 14M (Eastern Urban Center/Millenia) (the "District"); and WHEREAS, there has been submitted a map showing the boundaries of the territory proposed to be included in the District and in each of the improvement areas proposed to be designated therein which territory includes the properties and parcels of land proposed to be subject to the levy of special taxes by the District for each such improvement area. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The map designated as "Proposed Boundaries of Community Facilities District No. 14M (Eastern Urban Center/Millenia), City of Chula Vista, County of San Diego, State of California" and each of the improvement areas proposed to be designated therein, which territory includes the properties and parcels of land proposed to be subject to the levy of a special tax by the District for each such improvement area, in the form presented, a copy of which is on file in the office of the City Clerk, is approved and adopted. SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of the map of the District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the formation of such District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Sections 3110 and 3111 of the Streets and Highways Code of the State of California. PREPARED BY: APPROVED AS TO FORM BY: Richard A. Hopkins Glen R. Googins Acting Director of Engineering City Attorney 60297.00043\8491346.2 1 2014-01-07 Agenda Packet Page# 165 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN EACH IMPROVEMENT AREA THEREIN TO FINANCE CERTAIN SERVICES AND SETTING THE PUBLIC FEARING TO CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), desires to initiate proceedings to create a Community Facilities District and to designate two improvement areas therein pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance, as originally enacted and as subsequently amended pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law") for the purposes set forth herein; and WHEREAS, this Community Facilities District shall hereinafter be referred to as Community Facilities District No. 14M (Eastern Urban Center/Millenia) (the "District") and the improvement areas proposed to be designated therein shall hereinafter be referred to as Improvement Area No. 1 and Improvement Area No. 2 (each, an "Improvement Area" and collectively, the "Improvement Areas");and WHEREAS, pursuant to the Community Facilities District Law, the City Council adopted a Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts (the "Goals and Policies") that establish and state the City's goals and policies concerning the use of the Act in providing adequate infrastructure improvements and public services for the City; and WHEREAS, the maintenance of public parks is authorized to be funded by a community facilities district pursuant to the Act but is not enumerated in the Goals and Policies, as a public service authorized to be financed through a community facilities district established by the City; and WHEREAS, the Goals and Policies provide, however, that other public services not listed in the Goals and Policies may be financed by a community facilities district established by the City if such services are authorized to be financed by the Act and the City Council determines that such services are otherwise consistent with the Goals and Policies and in the best interest of the City and the residents and property owners within a proposed Community Facilities District; and WHEREAS, the City Council has determined that the financing of the maintenance of public parks located within Improvement Area No. 2 by the District is (i) consistent with the Goals and Policies, and (ii) in the best interest of the City, and the residents and the property owners within Improvement Area 2; and 2014-01-07 Agenda Packet Page# 166 WHEREAS, the City has determined at this time that it is appropriate to fund the maintenance of public parks within Improvement Area No. 2; and WHEREAS, this City Council is now prepared to proceed to adopt its Resolution of Intention to initiate the proceedings for the establishment of such District, to set forth the boundaries for such District and the Improvement Areas therein, to indicate the type of public services to be financed by such District, to indicate a rate and method of apportionment of special taxes proposed to be levied within each Improvement Area sufficient to finance such services for and within each such Improvement Area, and to set a time and place for a public hearing relating to the establishment of such District and the designation of the Improvement Areas; and WHEREAS, a map of such District has been submitted showing the boundaries of the territory proposed to be included in the District and in each of the Improvement Areas which territory includes the properties and parcels of land proposed to be subject to the levy of a special tax by the District for each of the Improvement Areas. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. Recitals. The above recitals are all true and correct and are hereby made findings of the City Council. SECTION 2. Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the provisions of the Community Facilities District Law. SECTION 3. Boundaries of District and the Improvement Areas. It is the intention of this City Council to establish the Community Facilities District and to designate the Improvement Areas therein pursuant to the provisions of the Community Facilities District Law, and to determine the boundaries and parcels on which special taxes may be levied to finance certain services. A description of the boundaries of the territory proposed for inclusion in the District and each Improvement Area therein including properties and parcels of land proposed to be subject to the levy of a special tax by the District is as follows: All that property as shown on a map as previously approved by this City Council, such map designated "Proposed Boundaries of Community Facilities District No. 14M (Eastern Urban Center/Millenia), City of Chula Vista, County of San Diego, State of California", a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 4. Name of District and Improvement Areas. The proposed Community Facilities District shall be known and designated as "Community Facilities District No. 14M (Eastern Urban Center/Millenia)." The Improvement Areas within the District shall be known and designated as "Improvement Area No. 1" and "Improvement Area No. 2." SECTION 5. Description of Services. It is the intention of this City Council to finance certain services that are in addition to those provided in or required for the territory within the District and will not be replacing services already available. A general description of the services to be funded by special taxes levied in Improvement Area No. 1 are set forth in Exhibit "A," attached hereto and by this reference incorporated herein. A general description of the 2 2014-01-07 Agenda Packet Page# 167 services to be funded by special taxes levied in Improvement Area No. 2 are set forth in Exhibit "B," attached hereto and by this reference incorporated herein. Such maintenance shall include, but not be limited to, the provision of all labor, material, administration, personnel, equipment and utilities necessary to maintain such improvements. SECTION 6. Special Tax. It is also the intention of this City Council that, except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non-exempt real property in each Improvement Area of the District, will be levied annually within the boundaries of each such Improvement Area. Under no circumstances will the special tax authorized to be levied within an Improvement Area be increased as a consequence of delinquency or default by the owner of any other parcel or parcels used for private residential purposes and located within such Improvement Area by more than 10 percent. For further particulars as to the rate and method of apportionment of the special tax proposed to be levied within Improvement Area No. 1, reference is made to the attached and incorporated Exhibit "C," which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within such Improvement Area to clearly estimate the maximum amount that such person will have to pay for such services. For further particulars as to the rate and method of apportionment of the special tax proposed to be levied within Improvement Area No. 2, reference is made to the attached and incorporated Exhibit "C", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within such Improvement Area to clearly estimate the maximum amount that such person will have to pay for such services. The special taxes herein authorized to be levied within Improvement Area No. 1, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any such special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the District. The special taxes herein authorized to be levied within Improvement Area No. 2 shall be collected through a direct billing procedure by the District. SECTION 7. Public Dearing. Notice is given that on the 11th day of February, 2014, [NOTE: The Agenda Statement says February 4th] at the hour of 2 o'clock p.m., in the regular meeting place of the City Council being the Council Chambers, located at 276 4th Avenue, Chula Vista, California, a public hearing will be held where this City Council will consider the establishment of the proposed District, the designation of the Improvement Areas therein, the proposed rate and method of apportionment of the special taxes proposed to be levied within each Improvement Area, and all other matters as set forth in this resolution of intention. At the above-mentioned time and place for public hearing any persons interested, including taxpayers and property owners may appear and be heard. The testimony of all interested persons for or against the establishment of the District, the extent of the District, the designation or extent of the Improvement Areas or the furnishing of the services, will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of 3 2014-01-07 Agenda Packet Page# 168 the City Council on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing. If a written majority protest against the establishment of the District is filed, the proceedings shall be abandoned. If such majority protest is limited to certain services or portions of the special tax, those services or that tax shall be eliminated from the proposed District by the City Council, before the City Council takes action to establish the District. SECTION 8. Election. If, following the public hearing described in the Section above, the City Council determines to establish the District and proposes to levy a special tax within each of the Improvement Areas within the District, the City Council shall then submit the levy of the special taxes to the qualified electors of each such Improvement Area. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within any Improvement Area for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of such Improvement Area, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of such Improvement Area who were the owners of record at the close of the subject hearing, with each landowners or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within such Improvement Area. A successful election relating to the special tax authorization shall, as applicable, establish and/or change the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to this District. SECTION 9. Designation of Authorized Representative for Voting. The City Council hereby designates the City Manager or his authorized representative as the person authorized to submit a ballot for and on behalf of the City for the purposes of submitting a ballot in the election described in the Section above. SECTION 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing a Notice of Public Dearing to be published in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. PREPARED BY: APPROVED AS TO FORM BY: Richard A. Hopkins Glen R. Googins Director of Engineering City Attorney 4 2014-01-07 Agenda Packet Page# 169 Exhibit A Community Facilities District No. 14M (Eastern Urban Center/Millenia) Improvement Area No. 1 Description of Services The types of services to be funded by special taxes levied within Improvement Area No. 1 ("Services") shall include maintenance and servicing of the following facilities (the "Improvement Area No. 1 Facilities") and any administrative expenses related thereto: I. STREET FRONTAGE MAINTENANCE Eastlake Parkway Trees Palms Planting Are water Rodent Control Enhances paving Birch Road Trees Palms Planting Are water Rodent Control Enhanced paving Recycled Water Irrigation Meters Back flow preventer inspection Wireless for irrigation controller Trash Receptacles Bike rack Benches Bus Rapid Transit Facility Palms Planting Are water Rodent Control Decomposed Granite Medians Eastlake Pkwy (Birch to Hunte Pkwy) 50% Birch (I-125 to Eastlake Pkwy) 100% Pedestrian Bridge (over Eastlake Pkwy) A-1 2014-01-07 Agenda Packet Page# 170 Bus Stop Trash receptacles Maintenance II. PARK MAINTENANCE (PUBLIC URBAN PARKS) Frontages (Parks 1, 2, 4, 5 and 6) Trees—shade Palms Planting Are water Rodent Control Recycled Water Irrigation Meters Back flow preventer inspection Wireless for irrigation controller Enhanced paving Porous pavers Decomposed Granite Uplighting Decorative Lighting Planting/Irrigation Trees—shade Trees—ornamental Palms Planting Are water Sod/Irrigation/Recycled Water Rodent Control Recycled Water Irrigation Meters Potable Water Irrigation Meters Wireless for irrigation controller Back flow preventer inspection Hardscape Seat Wall Flatwork Pedestrian paving (concrete and pavers) Decomposed granite Playground surfacing A-2 2014-01-07 Agenda Packet Page# 171 Site Furniture Bike Racks Trash Receptacles/Collection Dog Waste Bag Dispenser/Collection/Disposal Benches Picnic Tables Moveable Tables and Chairs Umbrellas Decorative Lighting Metalwork Metal fence/gate Site Amenities/Features Fountain Fountain—Interactive or large Spray Park SCADA Monitoring System Signage, Wayfinding Elements Sculpture, Art Elements Playground Equipment Overlook Platform Tree Douse Outdoor Theater Regional Trail Regional trail Structures Restrooms, Maintained storage Gazebo, Pavilion Trellis, Overhead Structure Athletic Facilities Basketball Court Tennis Court III. BIORETENTION MAINTENANCE Bioretention Basins Inspection/Ongoing Maintenance Replacement 3 times per 100 years Street M Underground Detention A-3 2014-01-07 Agenda Packet Page# 172 IV. STORM WATER MAINTENANCE Wolf Canyon Detention Basin Vegetation Removal Silt Removal Maintenance Silt Removal Screen Replacement Engineer's Inspection Periodic Inspection and Maintenance Bioretention Facilities Poggi Canyon Channel Detention Basin Birch Street Filters Vactor Truck Replacement For purposes of this description of the Services to be funded by the levy of Special Taxes within Improvement Area No. 1, "maintenance" includes, but is not limited to, the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any of the Improvement Area No. 1 Facilities, including: (a) Repair, removal, or replacement of all or any part of any Improvement Area No. 1 Facilities. (b) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. (c) The removal of trimmings, rubbish, debris, silt, and other solid waste. (d) The cleaning, sandblasting, and painting of walls and other Improvement Area No. 1 Facilities to remove or cover graffiti. (e) The elimination, control, and removal of rodents and vermin. For purposes of this description of the Services to be funded by Special Taxes levied within Improvement Area No. 1, "servicing" includes, but is not limited to, the furnishing of: (a) Electric current or energy, gas, or other illuminating agent for any public lighting for Improvement Area No. 1 Facilities or for the lighting or operation of any other improvements related thereto. (b) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other Improvement Area No. 1 Facilities. For purposes of this description of the Services to be funded by the levy of Special Taxes within Improvement Area No. 1, "administrative expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the District as the administrator thereof, to determine, levy and collect the Special Taxes within Improvement Area No. 1, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the District; the costs of collecting installments of the Special Taxes levied within Improvement Area No. 1; and any other costs required to administer Improvement Area No. 1 as determined by the City. A-4 2014-01-07 Agenda Packet Page# 173 Exhibit B Community Facilities District No. 14M (Eastern Urban Center/Millenia) Improvement Area No. 2 Description of Services The types of services to be funded by Special Taxes levied within Improvement Area No. 2 ("Services") shall include maintenance and servicing of the following facilities (the "Improvement Area No. 2 Facilities") and any administrative expenses related thereto: I. PARK MAINTENANCE (PUBLIC URBAN PARKS) Frontages (Parks 1, 2, 4, 5 and 6) Trees—shade Palms Planting Are water Rodent Control Recycled Water Irrigation Meters Back flow preventer inspection Wireless for irrigation controller Enhanced paving Porous pavers Decomposed Granite Uplighting Decorative Lighting Planting/Irrigation Trees—shade Trees—ornamental Palms Planting Are water Sod/Irrigation/Recycled Water Rodent Control Recycled Water Irrigation Meters Potable Water Irrigation Meters Wireless for irrigation controller Back flow preventer inspection Hardscape Seat Wall Flatwork Pedestrian paving (concrete and pavers) Decomposed granite Playground surfacing B-1 2014-01-07 Agenda Packet Page# 174 Site Furniture Bike Racks Trash Receptacles/Collection Dog Waste Bag Dispenser/Collection/Disposal Benches Picnic Tables Moveable Tables and Chairs Umbrellas Decorative Lighting Metalwork Metal fence/gate Site Amenities/Features Fountain Fountain—Interactive or large Spray Park SCADA Monitoring System Signage, Wayfinding Elements Sculpture, Art Elements Playground Equipment Overlook Platform Tree Douse Outdoor Theater Regional Trail Regional trail Structures Restrooms, Maintained storage Gazebo, Pavilion Trellis, Overhead Structure Athletic Facilities Basketball Court Tennis Court For purposes of this description of the Services to be funded by Special Taxes levied within Improvement Area No. 2, "maintenance" includes, but is not limited to, the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any of the Improvement Area No. 2 Facilities, including: (a) Repair, removal, or replacement of all or any part of any Improvement Area No. 2 Facility. (b) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. (c) The removal of trimmings, rubbish, debris, and other solid waste. (d) The cleaning, sandblasting, and painting of walls and other Improvement Area No. 2 Facilities to remove or cover graffiti. B-2 2014-01-07 Agenda Packet Page# 175 For purposes of this description of the Services to be funded by Special Taxes levied within Improvement Area No. 2, "servicing" includes the furnishing of: (a) Electric current or energy, gas, or other illuminating agent for any public lighting for Improvement Area No. 2 Facilities or for the lighting or operation of any other improvements related thereto. (b) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other Improvement Area No. 2 Facilities. B-3 2014-01-07 Agenda Packet Page# 176 Exhibit C Community Facilities District No. 14M (Eastern Urban Center/Millenia) Rate and Method of Apportionment C-1 2014-01-07 Agenda Packet Page# 177 CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 14M RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2 (Eastern Urban Center/Millenia) A Special Tax of Community Facilities District No. 14M (Eastern Urban Center/Millenia) of the City of Chula Vista ("CFD") shall be levied on all Taxable Property in the CFD and collected each Fiscal Year commencing in Fiscal Year 2014-2015 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All such Taxable Property shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "`A' Map" shall mean a master final subdivision or parcel map, filed in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.) and the Chula Vista Municipal Code, which subdivides the land or a portion thereof shown on a tentative map into "super block" lots corresponding to units or phasing of combination of units as shown on such tentative map and which may further show open space lot dedications, backbone street dedications and utility easements required to serve such "super block" lots. "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. In the event that parcel acreage information is not available from the sources previously listed, San Diego County GIS data may be utilized. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes within Improvement Area No. 1, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of Improvement Area No. 1; the costs of collecting installments of the Special Taxes within Improvement Area No. 1; and any other costs required to administer Improvement Area No. 1 as determined by the City. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 1 2014-01-07 Agenda Packet Page# 178 "Apartment Property" means a dwelling unit within a building comprised of attached residential units available for rental by the general public, not for sale to an end user, and under common management. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in an `A' Map, excluding lettered lots thereon, or a Final Subdivision Map, excluding lettered lots thereon, that were recorded prior to the March 1St preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit prior to the March 1St preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. If any parcel of Public Urban Parks Property is not shown on an Assessor's Parcel Map or assigned an assessor's parcel number, an Assessor's Parcel of such property shall mean that property as shown on the instrument conveying the title of such property to the City. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 14M (Eastern Urban Center/Millenia) of the City of Chula Vista. "CFD Boundary Map" entitled "Proposed Boundaries of Community Facilities District No. 14M (Eastern Urban Center/Millenia), City of Chula Vista, County of San Diego, State of California" as recorded in the Office of the County Recorder of the County of San Diego on January , 2014 as Document No. 14- at Page of Book of the Book of Maps of Assessment and Community Facilities Districts for such County. "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "City Share" means the City's Share of the budgeted costs of the maintenance of the Public Urban Parks Property, as determined in accordance with the Eastern Urban Center Parks Agreement and Section E below. "Community Purpose Facility Property" or "CPF Property" means all Assessors' Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 2 2014-01-07 Agenda Packet Page# 179 "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued prior to the March 1 st preceding the Fiscal Year in which the Special Tax is being levied. "Dwelling Unit" means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential dwelling units. "Eastern Urban Center Parks Agreement" means that certain Agreement Regarding Construction of Parks in a Portion of Otay Ranch Eastern Urban Center made and entered into as of the 15th day of September, 2009 by and between the City and McMillin Otay Ranch LLC, as recorded on October 28, 2009 with the San Diego County Recorder's Office, Document Number 2009-0599389, or as otherwise modified and agreed upon by all parties thereto. "Final Subdivision Map" means a subdivision of property creating buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area No. 1" means all property within the boundaries of such improvement area as shown on the CFD Boundary Map. "Improvement Area No. 1 Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to pay for the authorized maintenance services for Improvement Area No. 1 as described in the CFD special tax report and Administrative Expenses. "Improvement Area No. 1 Operating Fund Requirement" means, for any Fiscal Year, an amount equal to the budgeted costs for Improvement Area No. 1. The budgeted costs for Improvement Area No. 1 shall equal (i) the greater of(A) 50% of the budgeted costs for maintenance of the Public Urban Parks Property and(B) 100% of such budgeted costs minus the City Share; plus (ii) the budget costs of landscape maintenance, street frontage maintenance, bio-retention maintenance, storm water maintenance, and the maintenance, repair and replacement of the facilities and improvements, other than the Public Urban Parks Property, which have been accepted and or maintained by the CFD during the current Fiscal Year; plus (iii) the budgeted Administrative Expenses for the current Fiscal Year in which Special Taxes are levied. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 3 2014-01-07 Agenda Packet Page# 180 "Improvement Area No. I Reserve Fund" means a fund that shall be maintained for the CFD for Improvement Area No. 1 for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes within Improvement Area No. 1 and a reasonable buffer to prevent large variations in annual Special Tax levies within Improvement Area No. 1. "Improvement Area No. I Reserve Fund Requirement" means an amount equal to up to 100% of the Improvement Area No. 1 Operating Fund Requirement for any Fiscal Year. "Improvement Area No. I Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (i) pay the Improvement Area No. 1 Operating Fund Requirement; (ii) pay any amounts required to establish or replenish the Improvement Area No. 1 Reserve Fund to the Improvement Area No. 1 Reserve Fund Requirement; (iii) pay for reasonably anticipated delinquent Special Taxes within Improvement Area No. 1 based on the delinquency rate for Special Taxes levied in the previous Fiscal Year within Improvement Area No. 1; less (b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the Improvement Area No. 1 Reserve Fund above the Improvement Area No. 1 Reserve Fund Requirement and any amount remaining in the Improvement Area No. 1 Operating Fund that is available to pay the Improvement Area No. 1 Operating Fund Requirement in such Fiscal Year. "Improvement Area No. 2" means all property within the district boundaries that is owned by the City and classified as Public Urban Parks Property. "Improvement Area No. 2 Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to pay for the authorized maintenance services for Improvement Area No. 2 as described in the CFD special tax report. "Improvement Area No. 2 Operating Fund Requirement" means, for any Fiscal Year, an amount equal to the City Share. "Improvement Area No. 2 Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to pay the Improvement Area No. 2 Operating Fund Requirement less a credit for funds, if any, available to reduce the annual Special Tax levy within Improvement Area No. 2 and any amount remaining in the Improvement Area No. 2 Operating Fund that is available to pay the Improvement Area No. 2 Operating Fund Requirement in such Fiscal Year. "Land Use Class" means any of the classes listed in Table 1. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 4 2014-01-07 Agenda Packet Page# 181 "Mixed Use Property" means all Assessor's Parcels that have been classified by the City to allow both Residential Property and Non-Residential Property uses on each such Assessor's Parcel. For an Assessor's Parcel of Mixed Use Property, only the Residential Land Use Class thereon is subject to taxation pursuant to the provisions of Section C. "Multi-Family Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for a residential structure consisting of two or more residential dwelling units that share common walls, including, but not limited to, duplexes, triplexes, townhomes, and condominiums. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non-residential use. "Ordinance" means the Chula Vista Community Facilities District Ordinance, being Ordinance No. 2730 enacted on April 28, 1998, as modified and supplemented by Ordinance No. , enacted on January , 2014. "Property Owner Association Property" means any property within the CFD boundaries that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each Land Use Class. "Public Property" means any property within the CFD boundaries that has provided proof to the City prior to March 1 st preceding the Fiscal Year in which the Special Tax is being levied, that it is expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency, excluding Public Urban Parks Property. "Public Urban Parks" means those parks to which the City accepts title pursuant to the Eastern Urban Center Parks Agreement. "Public Urban Parks Property" means all Assessor's Parcels that are owned by the City and upon which the Public Urban Parks are located or to be located. "Residential Property" means all Assessor's Parcels of Developed Property classified as Apartment Property or Multi-Family Property for which a building permit(s) has been issued for purposes of constructing one or more residential dwelling units. "Special Tax" means the Special Tax levied pursuant to the provisions of sections D and E below in each Fiscal Year on each Assessor's Parcel of Developed Property, Approved Property, and Undeveloped Property in Improvement Area No. 1 to fund the Improvement Area No. 1 Special Tax Requirement and the Public Urban Parks Property to fund the Improvement Area No. 2 Special Tax Requirement. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page S 2014-01-07 Agenda Packet Page# 182 "State" means the State of California. "Taxable Property" means, as to Improvement Area No. 1, all of the Assessor's Parcels within the boundaries of Improvement Area No. 1 that are not exempt from the Special Tax pursuant to law or as defined below under Tax-Exempt Property and, as to Improvement Area No. 2, all Assessor's Parcels of Public Urban Parks Property. "Tax-Exempt Property" means an Assessor's Parcel not sub j ect to the Special Tax. Tax-Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property excluding Taxable Property Owner Association Property, or (iii) Assessor's Parcels of Taxable CPF Property that is owned by a non-profit organization and has provided proof to the City prior to the March 1St preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, or (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Association Property which is not exempt from the Special Tax pursuant to Section F below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Approved Property or Taxable Property Owner Association Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be (a) categorized as being located in either Improvement Area No. 1 or Improvement Area No. 2; (b) classified as Developed Property, Public Urban Parks Property, Approved Property, Undeveloped Property, Taxable Property Owner Association Property, and Taxable CPF Property, and (c) subject to the levy of Special Taxes pursuant to Sections D and E below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. The Land Use Class of each Assessor's Parcel of Residential Property or Mixed Use Property shall be determined based on the records of the San Diego County Assessor, or other such information provided by the City. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section F below shall be taxed as Non- Residential Property when such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is undeveloped it shall be classified as Undeveloped Property. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 6 2014-01-07 Agenda Packet Page# 183 C. MAXIMUM SPECIAL TAX RATE 1. Improvement Area No. 1 a. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 14M within Improvement Area No. 1 Land Use Maximum Class Description Special Tax 1 Apartment Property $189.00 per Dwelling Unit 2 Multi-Family Property $252.00 per Dwelling Unit 3 Non-Residential Property $1,259.00 per Acre Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on an Assessor's Parcel shall only be levied on the Residential Property Land Use Class located on that Assessor Parcel(s). Sample Maximum Special Tax Calculation for Mixed Use (Non-Residential Property and Apartment Property) Under the proposed example, assume that Assessor's Parcel Number 1 is classified as a Mixed Use Property. Assessor's Parcel Number 1 is a 2 Acre parcel that contains 10,000 square feet of retail shops and Apartment Property with 10 residential dwelling units. The following table shows what the expected annual Maximum Special Tax would be for Assessor's Parcel Number 1. No. of Non-Residential Residential Assessor Residential Property Property Total Annual Parcel Parcel Dwelling Maximum Maximum Maximum No. Acreage Units Special Tax Special Tax Special Tax 1 2.00 10 $0.00 $11890.00 $11890.00 (1) The Maximum Special Tax is based upon the initial Maximum Special Tax rates as defined in Table 1. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 7 2014-01-07 Agenda Packet Page# 184 b. Approved Property, Undeveloped Property and Taxable Property Owner Association Property within Improvement Area No. 1 The Maximum Special Tax for Approved Property, Undeveloped Property and Taxable Property Owner Association Property shall be $4,359.00 per Acre. 2. Improvement Area No. 2 a. Public Urban Parks Property TABLE 2 Maximum Special Tax for Public Urban Parks Property Community Facilities District No. 14M within Improvement Area No. 2 Land Use Maximum Class Description Special Tax 1 Public Urban Parks $33,049.00 per Acre Property 3. Annual Escalation of Maximum Special Tax The Maximum Special Tax for Improvement Area No. 1 and Improvement Area No. 2 as shown in Tables 1 and 2 above that may be levied on each Assessor's Parcel in the CFD shall be adjusted each Fiscal Year beginning in Fiscal Year 2014-15 and thereafter by a factor equal to the greater of, the positive percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) from the base date of June 1, 2013 through June 1 of the prior Fiscal Year, or 0%, provided the Maximum Special Tax shall never be less than the amounts shown in Tables 1 and 2, respectively. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR IMPROVEMENT AREA NO. 1 Commencing with Fiscal Year 2014-15, and for each following Fiscal Year, the Council shall levy the Special Tax in Improvement Area No. 1 at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Improvement Area No. 1 Special Tax Requirement. The Special Tax in Improvement Area No. 1 shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property within Improvement Area No. 1 up to 100% of the applicable Maximum Special Tax; City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 8 2014-01-07 Agenda Packet Page# 185 Second: If additional monies are needed to satisfy the Improvement Area No. 1 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property; Third: If additional monies are needed to satisfy the Improvement Area No. 1 Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: If additional moneys are needed to satisfy the Improvement Area No. 1 Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Multi-Family Property or Apartment Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Improvement Area No. 1. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR IMPROVEMENT AREA NO. 2 Commencing with Fiscal Year 2014-15, and for each following Fiscal Year, the Council shall levy the Special Tax Proportionately on all Public Urban Parks Property within Improvement Area No. 2 up to 100% of the Maximum Special Tax as necessary to fully fund the Improvement Area No. 2 Special Tax Requirement. For the purposes of determining the Improvement Area No. 1 Operating Fund Requirement and the Improvement Area No. 2 Operating Fund Requirement, the City Share shall be the lesser of the amount determined in Step One and Step Two below. Step One: The City shall calculate the amount equal to 50% of the budgeted costs for maintenance of the Public Urban Parks Property that has been accepted and or maintained by the CFD during the current fiscal year, for the current fiscal year in which the Special Taxes are being levied, and for Public Urban Parks Property that the City anticipates accepting during the upcoming Fiscal Year. Step Two: As outlined in Section 5.1(a) of the Eastern Urban Center Parks Agreement, each Fiscal Year, after the Council adopts the City's annual operating budget, the City shall calculate the City's total annual public park maintenance cost included in the budget. The City shall also calculate the acreage of public parks that are maintained and City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 9 2014-01-07 Agenda Packet Page# 186 owned by the City and included in the budget (including the Public Urban Parks Property for which the City has accepted title). The total annual cost shall be divided by the total park acreage to determine the City's average annual park maintenance cost per acre for that Fiscal Year. This amount shall be multiplied by 21.51 acres and then multiplied by a fraction, the numerator of which is the acreage of the Public Urban Parks Property for which the City has accepted title and for which the City is currently assessing a Special Tax in anticipation of acceptance by the City and the denominator of which is 10.60 acres. If the amount calculated pursuant to this Step Two is lower than the amount calculated under Step One above, it shall be the City Share unless the City Manager, at his or her own sole discretion, elects to use the higher amount as the City Share in order to maintain the fifty/fifty (50-50) split of maintenance costs as outlined in Section 5.1(a) of the Eastern Urban Parks Agreement. F. EXEMPTIONS The CFD Administrator shall classify as Tax-Exempt Property (i) Assessor's Parcels defined as Public Property, (ii) Assessor's Parcels defined as CPF Property that are owned by a non-profit organization which provides proof to the City prior to March 1St preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and (iii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. The CFD Administrator shall classify as Tax-Exempt Property within Improvement Area No. 1 those Assessor's Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all Taxable Property within Improvement Area No. 1 to less than 130.39 Acres. Assessor's Parcels defined as Property Owner Association Property and CPF Property that cannot be classified as Tax- Exempt Property will be classified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. The CFD Administrator will assign tax-exempt status in the chronological order in which property becomes exempt Public Property or CPF Property or Tax-Exempt Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property or CPF Property or Tax-Exempt Property Owner Association Property, its tax-exempt status will be revoked. Taxable Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property and Taxable CPF Property. There shall be no Tax-Exempt Property within Improvement Area No. 2. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 10 2014-01-07 Agenda Packet Page# 187 G. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner or resident believes such error still exists; such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. H. MANNER OF COLLECTION Special Taxes levied in Improvement Area No. 1 pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the CFD Administrator. Special Taxes levied in Improvement Area No. 2 pursuant to Section E above shall be collected by direct billing by the CFD Administrator, such Special Taxes to be due and payable and shall become delinquent at the same time as Special Taxes levied within Improvement Area No. 1. I. TERM OF SPECIAL TAX Taxable Property in Improvement Area No. 1 and Improvement Area No. 2 of the CFD shall remain subject to the Special Tax in perpetuity or until the Council takes appropriate actions to terminate the Special Tax in both Improvement Areas pursuant to the Act. City of Chula Vista- Community Facilities District No.14M(Eastern Urban Center/Millenia) Page 11 2014-01-07 Agenda Packet Page# 188 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has declared its intention to initiate proceedings to create a Community Facilities District and to designate two improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance, as originally enacted and subsequently amended pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District shall hereinafter be designated as Community Facilities District No. 14M (Eastern Urban Center/Millenia) (the "District"); and, WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of the Government Code of the State of California, the preparation of a Community Facilities District Report to provide more detailed information relating to the proposed District, the proposed improvement areas, the services proposed to be financed from the proceeds of special taxes to be levied within each improvement area, and estimate of the cost of providing such services. NOW, THEREFORE IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The Director of Public Works is hereby directed and ordered to prepare, or cause the preparation of, a Community Facilities District Report (the "Report") to be presented to this City Council, generally setting forth and containing the following: SERVICES: A full and complete description of the public services proposed to be financed from the levy of special taxes within each improvement area. COST ESTIMATE: A general cost estimate setting forth costs of providing such services. SPECIAL TAX: Further information regarding the implementation of the rate and method of apportionment of the special tax proposed to be levied within each improvement area. SECTION 3. The Report, upon its preparation, shall be submitted to this City Council for review, and the Report shall be made a part of the record of the public hearing on the Resolution of Intention to establish such District. 60297.00043\8492279.2 2014-01-07 Agenda Packet Page# 189 PREPARED BY: APPROVED AS TO FORM BY: Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 60297.00043\8492279.2 2014-01-07 Agenda Packet Page# 190 City of Chula Vista Master File Number: 13-0190 File ID: 13-0190 Item 7ype: Action Item Status: Agenda Ready Version: 1 LARQ: 10.1153 In Control: City Council File Created: 12/162013 File Name: Resolution of Intent to Establish Millenia CFD Final Action: TiUe: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNIIY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN EACH IMPROVEMENT AREA THEREIN TO FINANCE CERTAIN SERVICES AND SETTING THE PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) Internal Notes: Agenda Date: 01/07R014 Agenda Number: 9. Sponsors: EnacVnentDate: Attachments: ATfACHMENT 1,ATTACHMENT 2,ATTACHMENT Master Fee Upd7('): 3,ATTACHMENT 4,ATTACHMENT 5, RESOLUTION A, RESOLUTION B, Exhibit C to RESOLUTION B, RESOLUTION C :onflicts Verif By: Florence Picardal Hard Deadline: Drefter: MLengyel@chulavistaca.gov Conflicts Verif On: Cify o/Chula Vsta Page 1 Pnnfed on f!1/LOfa MaSre�COnGnuetl ryi07901 Approval History Version Date Approver Action 7 72/20/2013 Michael Lengyel Approve 7 12Y242013 Iracsema Quilantan Approve 1 1224R073 Rick Hopkins Approve 7 72/26/2013 Mgehn Agmlar Approve 1 1226/2073 Cheryl Ponds Approve 1 12I30/2013 Jill Maland ApOrove 7 12/302013 Cheryl Pontls Approve 1 12/30/2013 Mana Kachatloorian Approve 7 12/30/2073 Gary HalbeM1 Approve History of Legislative File Ver� q��ing Botly: Dale: Action: Sent To: Due Date: Retum Resutt: sion: Date: 1 City Council 01I07I2014 Text of Legislative File 13-0190 Cify oI Chula vsta Page Y Pnntetl on 1/Jrz07d M City of Chula Vista C,1111,16R,� STA, Legislation Text File #: 13-0195, Version: 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ACCEPTING THE PROGRESS REPORT ON CLIMATE ACTION PLAN IMPLEMENTATION, (2) ACCEPTING THE 2012 GREENHOUSE GAS EMISSIONS INVENTORY REPORT, AND (3) DIRECTING THE CITY'S CLIMATE CHANGE WORKING GROUP TO DEVELOP RECOMMENDATIONS AS OUTLINED IN THE CLIMATE ACTION PLAN UPDATE ROADMAP FOR FUTURE COUNCIL CONSIDERATION RECOMMENDED ACTION Council adopt the resolution. SUMMARY As outlined in the Climate Action Plan progress report, the City of Chula Vista is successfully implementing most of the 18 climate mitigation and adaptation strategies, previously approved by City Council, to avoid greenhouse gas emissions and to reduce future risks from local climate changes impacts. To track the City's progress on reducing carbon emissions, staff recently completed a greenhouse gas (GHG) emissions inventory for 2012, which indicates that annual citywide GHG levels have increased by 19% compared to 1990. However, 2012 per capita emission levels in Chula Vista are approximately 36% below 1990 levels and emissions from municipal sources (i.e. operations, facilities, and vehicle fleet) in 2012 are approximately 44% below 1990 levels. To continue the City's leadership and progress, staff proposes to formally update the City's Climate Action Plan over the next year through a stakeholder-driven process. The update will allow Chula Vista to take advantage of new analysis and tracking tools and be more responsive to new State guidance on climate action planning. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity 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. BOARD/COMMISSION RECOMMENDATION Staff presented the 2012 Greenhouse Gas Emissions Inventory and the Climate Action Plan Update Roadmap to the Resource Conservation Commission (RCC) on December 9, 2013. The RCC formally accepted the inventory report and unanimously supported the proposed Climate Action Plan update process. DISCUSSION For over a decade, Chula Vista has been a nationally-recognized leader in implementing a Climate Action Plan (CAP) to address the threat of climate change to the local community. The current CAP includes 7 climate "mitigation" measures, which are designed to reduce greenhouse gas emissions, and 11 climate "adaptation" measures, which are designed to reduce Chula Vista's vulnerability to City of Chula Vista Page 1 of 3 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page# 191 File #: 13-0195, Version: 1 expected local climate change impacts. In addition to addressing climate change concerns, these climate action measures offer numerous community co-benefits such as utility savings, better air quality, reduced traffic congestion, local economic development, and improved quality of life. The attached progress report outlines the implementation progress for the current 18 climate-related actions and their 57 associated components. Overall, 70% of components have been successfully completed and/or are being implemented on an ongoing basis (a 7% increase since the last reporting period), while another 26% are still being actively pursued. To help assess program progress, track changes to emission sources, and guide future policy decisions, staff has completed a greenhouse gas (GHG) emissions inventory for Calendar Year 2012. The 2012 GHG Emissions Inventory utilizes the new U.S. Community Protocol, which was developed by ICLEI and approved by the California Office of Planning & Research, to assist local jurisdictions in quantifying their community's climate impact. As a result, staff has recalculated emission levels for 1990 and 2005 inventories, where feasible, based on the new protocol to ensure an "apples to apples" comparison. The 2012 GHG Emissions Inventory indicates that Chula Vista's annual citywide GHG levels have increased to 969,706 metric tons of Carbon Dioxide Equivalent (MT CO 2 e) with expansion of its housing stock and population. The two greatest sources of emissions were from the transportation sector (41%) and residential energy use sector (25%). Compared to 1990, Chula Vista's citywide GHG emissions have increased by 19%. However, per capita levels are approximately 36% below 1990 levels. Greenhouse gas emissions from municipal sources (i.e. operations, facilities, and vehicle fleet) in 2012 totaled 17,896 MT CO 2 e and were 44% or 14,084 metric tons lower than 1990 levels. To continue the City's leadership and to take advantage of new, no-cost GHG analysis and tracking tools, staff proposes to formally update the City's CAP over the next year through a stakeholder- driven process. The Climate Action Plan Update Roadmap outlines the process of reconvening a Climate Change Working Group (CCWG) that will be comprised of residents, businesses, and community group representatives to review and evaluate various strategies to further reduce GHG emissions. The CCWG, which will be chaired by a Resource Conservation Commission member, would meet approximately 12 times over the next year to develop recommendations by consensus. In addition to their publicly-noticed meetings, the CCWG would host up to 2 public workshops to solicit additional community feedback. The CCWG's recommendations would be presented to City Council for review and consideration in late 2014. Based upon City Council's direction, these recommendations would be further developed into a single, more detailed CAP document by staff. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The update to the City's Climate Action Plan supports the Healthy Community goal. Specifically, the new program will allow the City to develop new carbon-reducing strategies, which is a key objective under Initiative 3.2.2. - "Update and implement the Climate Action Plan." City of Chula Vista Page 2 of 3 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page# 192 File #: 13-0195, Version: 1 CURRENT YEAR FISCAL IMPACT The Climate Action Plan is being implemented using existing budgets and external funding sources, resulting in no new fiscal impact in the current year. Likewise, the yearlong process for updating the plan will also be covered through existing departmental budgets and the City's Local Government Partnership with San Diego Gas & Electric and the California Public Utilities Commission. ONGOING FISCAL IMPACT There is no new, ongoing fiscal impact due to implementation of the Climate Action Plan, since it is being implemented using existing budgets and external funding sources. Any recommended updates to the Climate Action Plan will be presented to City Council for consideration in the future along with any associated fiscal impact. City of Chula Vista Page 3 of 3 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page# 193 RESOLUTION NO. 2013- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ACCEPTING THE PROGRESS REPORT ON CLIMATE ACTION PLAN IMPLEMENTATION, (2) ACCEPTING THE 2012 GREENHOUSE GAS EMISSIONS INVENTORY REPORT, AND (3) DIRECTING THE CITY'S CLIMATE CHANGE WORKING GROUP TO DEVELOP RECOMMENDATIONS AS OUTLINED IN THE CLIMATE ACTION PLAN UPDATE ROADMAP FOR FUTURE COUNCIL CONSIDERATION WHEREAS, Chula Vista has been a nationally-recognized leader in implementing a Climate Action Plan (CAP) to address the threat of climate change to the local community; and WHEREAS, the CAP includes 18 measures that address climate change concerns, while providing numerous community co-benefits such as utility savings, better air quality, reduced traffic congestion, local economic development, and improved quality of life; and WHEREAS, the November 2013 implementation report for the CAP outlines the progress for the current 18 measures and identifies two components (out of 57) that remain "on-hold" due to funding shortages; and WHEREAS, to help further assess program progress, track changes to emission sources, and guide future policy decisions, staff has completed a greenhouse gas (GHG) emissions inventory for Calendar Year 2012; and WHEREAS, the 2012 GHG Emissions Inventory indicates that Chula Vista's annual citywide GHG levels have increased to 969,706 MT CO2e with expansion of its housing stock and population; and WHEREAS, it also indicates that community per capita levels are approximately 36% below 1990 levels and GHG emissions from municipal sources are 44% lower than 1990 levels; and WHEREAS, in an attempt to continue the City's leadership and to take advantage of new, no-cost GHG analysis and tracking tools, staff proposes to formally update the City's CAP over the next year by reconvening a stakeholder group (known as the Climate Change Working Group); and WHEREAS, the Climate Change Working Group will be chaired by a Resource Conservation Commission member and will publicly meet approximately 12 times over the next year to develop recommendations by consensus; and WHEREAS,the Climate Change Working Group's recommendations will be presented to City Council for review and consideration in late 2014. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby resolve that it: 2014-01-07 Agenda Packet Page# 194 1. Accepts the November 2013 progress report on Climate Action Plan implementation, in the form presented, a copy of which shall be kept on file in the office of the City Clerk; and 2. Accepts the 2012 Greenhouse Gas Emissions Inventory report, in the form presented, a copy of which shall be kept on file in the office of the City Clerk; and 3. Directs the City's Climate Change Working Group to develop recommendations, as outlined in the Climate Action Plan Update Roadmap, for future City Council consideration. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-01-07 Agenda Packet Page# 195 CITY OF CHUIAVISTA CLIMATE ACTION PLAN Implementation Progress Report November 2013 OVERVIEW Since 2000, Chula Vista has been implementing a Climate Action Plan to address the threat of climate change to the local community. Over the past 5 years, this original plan has been revised to incorporate new climate mitigation (2008) and adaptation (2011) measures to strengthen the City's climate action efforts and to facilitate the numerous community co-benefits such as utility savings, better air quality, reduced traffic congestion, local economic development, and improved quality of life. Based on available funding, staff has been implementing the 18 climate-related actions and their 57 associated components. Overall, 70% of the components have been successfully completed and/or are being implemented on an ongoing basis, which represents a 7% increase since the last reporting period. Another 26% are still being actively pursued, while only two components remain on-hold. IMPLEMENTATION PROGRESS The following report outlines the implementation progress for the 7 climate mitigation measures and the 11 climate adaptation strategies. In addition to background information and next steps, staff has highlighted whether the implementation is: Completed—All required implementation steps have been completed Ongoing—All required initial steps have been completed, but component is still actively being implemented In Progress—Implementation steps are still being developed and pursued based on the original implementation plan On-Hold—Implementation has not proceeded due to a programmatic barrier(such as funding) As directed by City Council, staff has been implementing the 18 climate-related actions and their 57 associated components based on available funding. Out of the 27 mitigation-related components, 78% have been successfully completed and/or are ongoing programs. In addition, 19% of the mitigation components are still being actively pursued. The H Street Corridor Study (under Mitigation Measure #6) continues to be the only "on-hold" strategy due to the dissolution of the City's Redevelopment Agency. Out of the 30 adaptation-related components, 63% and 33% have been successfully completed/ongoing or are still being actively pursued, respectively. Only one component under Adaptation Strategy #9 still remains "on-hold." Overall, the number of mitigation and adaptation components, which are completed/ongoing, has increased by 7% since the last reporting period. Climate Action Plan Implementation 1 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page# 196 CLIMATE MITIGATION MEASURES The following (7) measures are designed to reduce greenhouse gas or "carbon" emissions from municipal operations and the broader Chula Vista community. The measures complement one another as well as state and federal climate mitigation initiatives. MITIGATION MEASURE #1 CLEAN VEHICLE REPLACEMENT POLICY FOR CITY FLEET Overview Measure #1 directs the City to require that 100% of the replacement vehicles purchased for the municipal fleet be high efficiency (hybrid) or alternative fuel vehicles (AFVs). However, factors such as the appropriateness for the vehicle task, fueling infrastructure, petroleum displacement, and the overall cost and environmental benefit must be considered prior to purchasing each replacement vehicle. Design and construction of a 12 000- City's 128 diesel-fueled vehicles (or 23% 1 g gallon biodiesel tank at PWC Completed of the total fleet) have been converted to - - biodiesel. Four new Parks Division maintenance 2 Replace City's-fleet with AFVs or hybrids Ongoing trucks utilizing biodiesel were recently ordered and will replace conventional fuel vehicles. Next Steps City vehicles will be replaced with hybrids or AFVs on an ongoing basis, as appropriate funding becomes available. By the end of Fiscal Year 2014, it is estimated that six additional alternative fuel vehicles will be purchased. Climate Action Plan Implementation 2 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page# 197 MITIGATION MEASURE #2 CLEAN VEHICLE REPLACEMENT FOR CITY-CONTRACTED FLEETS Overview Measure #2 directs staff to work with fleets under City authority to influence their expanded use of alternative fuels and high efficiency/alternative fuel vehicles (AFV) including electric, biodiesel, ethanol, hybrid, hydrogen, and compressed natural gas (CNG) based on appropriateness for vehicle task, fueling infrastructure, petroleum displacement, overall cost, and environmental benefit. . 0 Convert Chula Vista Transit to alternative 100%of Chula Vista Transit fleet have 1 fuels and/or high efficiency ehicles Completed been converted to AFV. y ' Convert Solid Waste Hauler to h efficiency 100%of Allied Waste fleet have been 2 alternative fuels and/or hi " g y vehicles converted to AFV. Staff will incorporate AFV requirements 3 Convert Street Sweeper to alternative In Progress in the bid solicitation process when the fuels and/or high efficiency vehicles g current Street Sweeping contract expires in June 2016. Convert City-contracted Tow Trucks to A new RFP for Tow Truck service,which 4 alternative fuels and/or high efficiency In Progress includes hybrid/AFV requirements, has been finalized and is scheduled to be vehicles released in the near future. The new public CNG fuel station has 5 Open publicly-available CNG dispenser Completed dispensed over 115 000 gallons at PWC p g (equivalent)since October 2011. Next Steps The City continues to work with contractors and community partners to promote local alternative fuel use and infrastructure, as outlined in the Chula Vista Clean Transportation Energy Roadmap. As such, staff is currently developing a Chula Vista-specific alternative fuel infrastructure map to distribute to community members and local car dealerships, who sell alternative fuel vehicles. Climate Action Plan Implementation 3 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page# 198 MITIGATION MEASURE #3 BUSINESS ENERGY EVALUATIONS Overview The measure, as revised by City Council, states that businesses with storefronts or offices need to participate in a no-cost energy and water evaluation of their premises when a new business license is issued or once every 3-5 years for a renewed business license. The measure helps businesses identify efficiency opportunities at their facilities, access rebates and financing for efficiency improvements, and lower their monthly utility costs. Businesses are not required to implement any of the identified energy or water efficiency opportunities and are not required to complete evaluations for facility areas beyond their operational control (ex. whole-building systems operated and maintained by a Property Manager/Landlord). Develo p energy ordinance integrating & CVMC Chapter 20 was revised to include gy 1 water evaluations into business licensing Completed the evaluations, known as the "Free Resource&Energy Business process Evaluations" (FREBE) program. • To date, 687 on-site evaluations have 2 Complete onsite energy&water evaluations for businesses annually Ongoing been completed in 2013 to identify utility cost saving opportunities. Link businesses, r interested in The City's CLEAN Business Program is bus esses, o are to ested being revamped to better recognize and 3 pursuing efficiency improvements, to Ongoing artici ants interested in efficient ' available rebates, incentives, &financing p p y improvements. Report to City ouncil on collected fines In 2013, no businesses were out of 4 p y from non-compliant businesses Ongoing compliance with the energy evaluation ordinance. Next Steps As part of the South Bay Energy Action Collaborative (SoBEAQ, Chula Vista is working with neighboring jurisdictions, SANDAL, and SDG&E to launch a new business engagement effort in 2014 to facilitate no and low-cost energy efficiency improvements. In addition, a Chula Vista-specific PACE program is expected to be available by April 2014 to help commercial property-owners finance energy efficiency, renewable energy, and water conservation upgrades. Climate Action Plan Implementation 4 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page# 199 MITIGATION MEASURE #4 GREEN BUILDING STANDARD Overview Measure #4 directed staff to adopt regulations mandating new and renovated residential and non-residential projects to incorporate early the requirements of the Dousing and Community Development's California Green Building Standards Code (CalGreen) and to be more energy efficient than the 2008 Building Energy Efficiency Standards (Title 24) by a specific percentage. In addition, the measure directed staff to implement a green building awareness program and update/establish design and regulatory provisions that incorporate sustainable practices at a community-scale. In fall 2009, the City adopted the 2010 CA Green Building Standards Code early 1 Adopt a citywide Green Building with local amendments. In fall 2011, a C ompleted Standard voluntary Green Building Plus program offering expedited permitting was launched. In fall 2009, the City adopted an • - Enhanced Energy Efficiency Code. This - 2 Adopt a citywide Enhanced Energy Completed "reach"code will expire in July 2014, Efficiency Standard when the new statewide Energy Code becomes effective. In the last 6 months, two workshops Launch a Green Building Awareness were organized for developers and City 3 program for builders, permit applicants, Ongoing staff to better understand opportunities to &the general public incorporate LEED-ND concepts into new projects. In 2011, the City incorporated Develo desi n guidelines for sustainability criteria into its updated Air 4 p g g sustainable development Completed Quality Improvement Plan Guidelines and Design Manual for large and small- scale development, respectively. Next Steps City staff continues to investigate options for revising Chula Vista's Enhanced Energy Efficiency standard in July 2014, when the new statewide Title-24 code is updated. The City has determined that the cost-effectiveness analysis software (which is required for proposing increased standards) has only recently become available and is still pending California Energy Commission approval. Therefore, staff expects to bring forward recommendations to City Council on a new Enhanced Energy Efficiency standard in the next 6 months. Climate Action Plan Implementation 5 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#200 MITIGATION MEASURE #5 SOLAR& ENERGY EFFICIENCY CONVERSION PROGRAM Overview The "Solar & Energy Efficiency Conversion" program was recommended to help facilitate energy efficiency and renewable energy retrofits in the community and at municipal facilities. The community component, called the Home Upgrade, Carbon Downgrade program, is intended to help the average resident and small business overcome common institutional barriers, upfront capital costs, complicated application processes, and time constraints. The program also strives to promote local job creation and economic development by linking community participants with local contractors and vendors. Finally, Measure #5 included the implementation of a pre-wiring and pre-plumbing requirement for solar photovoltaic (PV) and solar hot water systems, respectively, in all new residential units. 4 In August, City Council approved a Implement a Solar& Energy Efficiency contract with Ygrene Energy Fund to • 1 p gy y Conversion program for the community Ongoing develop aProperty-Assessed Clean Energy(PACE)financing district for . Chula Vista residents and businesses. . The City has completed installing almost 2 Upgrade municipal facilities with energy Ongoing 4,000 LED street lights along arterial efficiency&solar energy technologies roadways,which will generate over 1.7 million kWh in annual energy savings. A public workshop was held in • Link conversion ram ro to local September to identify opportunities to 3 p g economic development Ongoing leverage and link the future PACE financing program to local retailers and contractors. In 2009, the City adopted the"solar Adopt pre-wiring and pre-plumbing ready"ordinances. To date, over 1,500 4 standards for solar pv&solar hot water, Completed respectively new residential units have complied with the new code. Next Steps The City Council will be holding a public hearing in December in order to create a new "Clean Energy Community Facilities District," which would be the legal mechanism for a local PACE program and would provide financing to residential and commercial property- owners, who are interested in energy efficiency, renewable energy, and water conservation improvements. Climate Action Plan Implementation 6 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#201 MITIGATION MEASURE #6 SMART GROWTH AROUND TROLLEY STATIONS Overview Measure #6 is intended to accomplish the remaining planning groundwork necessary to support realization of the "Smart Growth" development densities and intensities envisioned in both the General Plan and the Urban Core Specific Plan (UCSP). Specifically, the measure's four components are focused on the areas surrounding the E Street, H Street, and Palomar Street trolley stations. Staff is continuing to work with property Implementation of UCSP around E owners and other interested parties 1 Street Trolley Station In Progress towards project options for E Street parcels, and will apprise the City Council when viable prospects are identified. Due to the dissolution of redevelopment • - Initiate a H Street Corridor Study to agencies statewide the H Street 2 better define redevelopment On-Hold g ' opportunities around the Trolley Station Corridor Study is on-hold indefinitely until alternative funding sources are identified. Develop a specific plan for the Palomar The Palomar Gateway specific plan was approved by City Council in August 2013 3 Gateway area, including the Palomar Trolley Station and emphasizes multi-modal, mixed-use development patterns. The City and SANDAG have hired a consultant to complete environmental 4 Pursue trolley grade separation along the In Progress documents analyzing grade separation 1-5 corridor options at the Palomar Trolley Station, which should be completed in the next 18 months. Next Steps The City will continue to pursue "Smart Growth" development surrounding Chula Vista's three Trolley Stations. SANDAG's 2050 Regional Transportation Plan shows various grade separation projects for the Blue Line corridor, which includes E Street, H Street, & Palomar Street. With support through an EPA Smart Growth Technical Assistance grant and the SDG&E Local Government Partnership, the City expects to complete the development of the new "Climate Neighbor" tool by June 2014, which helps local developers implement sustainably designed and constructed projects using the LEED-ND framework. Climate Action Plan Implementation 7 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#202 MITIGATION MEASURE #7 TURF LAWN CONVERSION PROGRAM Overview Because water movement and treatment requires a large amount of energy (leading to GFIG emissions), Measure #7 helps residents and businesses replace turf lawn areas with "WaterSmart" landscaping. Specifically, the program's components include (1) continuation and expansion of the NatureScape program to promote water conserving and nature-friendly landscaping, (2) coupling of residential and business turf lawn replacement with the solar and energy efficiency conversion program (Measure #5), (3) converting select municipal facilities to low water use plantings and irrigation, and (4) updating various municipal landscape regulations and guidelines to comply with new state requirements and further promote outdoor water use efficiency. Through the program, over 520 Expand the NatureSca p a outreach properties in the community have 1 program Ongoing incorporated sustainable landscape practices and been certified "Backyard Wildlife Habitats." In August, City Council approved a • Include turf lawn replacement in Home contract with Ygrene Energy Fund to develop aProperty-Assessed Clean 2 Upgrade, Carbon Downgrade program In Progress Energy(PACE)financing district, which (Measure#5) would also support water conservation efforts. The City is pursuing water-saving Convert municipal facilities to low water irrigation upgrades, such as rotating 3 use plantings&irrigation Ongoing nozzles and "smart"controllers, at 42 locations. In 2010, a revised Landscape Water Conservation Ordinance was approved Update landscaping ordinances to 4 Completed by City Council that creates a water emphasize water use efficiency budget for new or renovated landscapes and promotes water-efficient design. Next Steps City staff continues to pursue funding sources to support turf conversions. For municipal facilities, staff continues to develop a resource reinvestment fund, in which a portion of utility savings from energy and water retrofit projects can be reinvested in similar projects. In the community, a PACE program to help finance water conservation upgrades at homes and businesses will be formally considered by City Council in December. Climate Action Plan Implementation 8 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#203 CLIMATE ADAPTATION STRATEGIES The following (11) strategies are designed to reduce Chula Vista's future risks and costs from expected climate change impacts such as sea level rise, more frequent wildfires and extreme heat days, and increased stress on energy and water supplies. The measures complement one another as well as state and federal climate adaptation initiatives. ADAPTATION I STRATEGY#1 COOL PA INGE Overview To address climate change impacts related to the urban heat island effect (hotter ambient air temperatures), Strategy #1 is intended to incorporate reflective (or "cool paving") into all municipal projects (parking lots and streets) and new private parking lot projects over a specific size. Cool pavements refer to a range of established and emerging paving materials, which store less heat and have lower surface temperatures compared with conventional products. Specifically, the strategy's components include performing a comprehensive study to evaluate and test multiple reflective pavement technologies and developing options (based on the study's results) for incorporating cool pavement technologies into municipal standards. „ A final Cool Pavement Report has been Conduct a cool paving study to 1 Completed completed by external consultants and evaluate options presented to City Council. Develop formal standards for Dependent on the outcome of 2 incorporating "cool paving" into municipal In Progress component#1, staff will present and development projects recommendations to City Council for consideration. Next Steps Chula Vista will continue to pursue possible funding sources for a cool paving demonstration site. As such, the City is awaiting a response from the State Water Resources Control Board on whether it has been invited to submit a full grant application for its proposed "Green Alleys" project, which would repave a number of Chula Vista alleys with permeable and reflective paving materials. Staff also plans to return to City Council in 2015 with a formal cool paving policy for consideration as recommended in the recently-completed Cool Pavement Report. Climate Action Plan Implementation 9 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#204 ADAPTATO STRATEGY#2 SHADE TREES Overview To address climate change impacts related to the urban heat island effect and energy demand, Strategy #2 is intended to incorporate shade trees into all municipal improvement projects and all private development parking lot projects. Shade trees contributing to a robust urban forest act as a natural cooling mechanism for urban areas. In addition, canopy-forming trees help reduce storm water runoff, provide habitat for wildlife, and increase property values. Specifically, the strategy's components include (1) developing a shade tree policy for future City Council consideration, (2) amending the Municipal Landscape Manual to be consistent with the new policy, and (3) ensuring that the recently-updated Design Manual is consistent with the new policy. A new City Council policy promoting the 1 Develop formal shade tree policy Completed use of shade trees along streets and p p y p .within municipal and private parking lots was approved in May 2012. Staff has determined that updating the Amend the Municipal Landscape Manual Municipal Landscape Manual is not necessary, because the new Shade Tree 2 to be consistent with the new shade tree Completed Polic y es are and Design Manual changes - policy g g sufficient to effectively integrate shade trees into new projects. As part of the new Council-approved Ensure that the Design Manual is Design Manual, new development 3 Completed.........projects must incorporate shade trees consistent with the new shade tree policy and provide at least 50% shade coverage for paved areas. Next Steps City staff continues to implement the City Council-adopted Shade Tree Policy, as well as the related provisions of the Design Manual, to ensure that all new development projects meet the necessary shade tree coverage standards. Climate Action Plan Implementation 10 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#205 ADAPTATO STRATEGY# OOL OO S Overview Strategy #3 is intended to address climate change impacts related to the urban heat island effect and energy demand by promoting "cool roofs." Cool roofs, which are made of highly reflective and emissive material, can remain approximately 50 to 60°F cooler compared to traditional materials, thus helping to lower ambient temperatures inside and outside of buildings. This creates a more comfortable and healthy environment for building occupants and reduces energy use for air-conditioning. To accomplish Strategy #3, City staff will further evaluate cool roofing options and propose amendments to the municipal building codes for City Council consideration. With the assistance of SDG&E, staff has ' ..completed acost-benefit analysis of cool 1 Conduct a cool roof"study to evaluate options completed roof options,which was used to inform proposed building code revisions (component#2). Since City Council adopted the cool roof 2 Develop standards for incorporating "cool Co p eted m l ordinance in March 2012, all new roofs" into building codes residential buildings in Climate Zone 10 have had to meet the new standard. Next Steps The City will continue to implement its new cool roof requirements under the City's broader green building standards. Local amendments to building codes expire when new California building codes take effect. As such, staff will evaluate the 2013 California Green Building Standards Code and propose local amendments for City Council consideration, when the necessary cost-effectiveness analysis software is available from the California Energy Commission. Climate Action Plan Implementation 11 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#206 ADAPTATION STRATEGY STT AT"LOY#4 LOCAL WATER SUPPLY&REUSE, Overview Expected climate change impacts could limit imported water availability, increase utility costs for residents and businesses, and lead to higher demand for local water sources. As such, Strategy #4 is intended to educate the community about the benefits and appropriate uses of local water supplies and further integrate recycled water/onsite water reuse systems into new development. Specifically, components include (1) evaluating municipal building code options to incorporate single-source graywater "stub-outs" in new residential buildings and indoor recycled water in new commercial buildings, (2) developing an educational guide about proper graywater use, (3) creating an incentive (using external funding sources) to promote onsite water reuse, and (4) updating the City's water-related plans to reference and promote recycled water and onsite water reuse systems. Develop standards for incorporating New graywater codes were adopted by 1 graywater stub-outs (residential)and Completed City Council at their May 7, 2013 indoor recycled water use (commercial) meeting. The City's WaterSmart Landscaping Develop a graywater educational guide ..Guide&Checklist were updated to 2 Completed incorporate water reuse information such to help ensure proper use as rainwater harvesting and simple graywater systems. Graywater and rainwater harvesting 3 Create an onsite water reuse incentive systems have been included as eligible program In Progress improvements under the proposed PACE financing program. Based on the outcome of component#1, 4 Update water-related municipal In Progress municipal guidelines will be updated to guidelines&plans to promote graywater be consistent with new graywater and other water reuse policies. Next Steps City staff will work with the Otay Water District to further investigate the feasibility and to identify any health concerns regarding indoor use of recycled water. Based on the results, City staff will prepare recommendations for City Council's consideration. Climate Action Plan Implementation 12 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#207 ADAPTAT IO STRATEGY# STORM WATER POLLUTION PREVENTION&REUSE, Overview Climate change will likely alter regional precipitation patterns, thus altering water runoff and sediment movement flows through local watersheds. Because of urbanization and its associated activities, pollutants are discharged with these flows into the City's storm drainage systems, creeks, rivers, San Diego Bay, and the ocean and reduce the beneficial uses of these water bodies for the Chula Vista community. Strategy #5 is intended to revise the City's storm water regulations and applicable municipal codes to efficiently manage higher concentrations of pollutants in urban runoff by minimizing water waste, using natural landscapes to help drain or reuse runoff, and by ensuring that irrigations systems are properly installed and maintained. Develop revisions to the municipal code Code revisions were adopted by City 1 to prohibit excessive landscape over- Completed Council at their November 20, 2012 irrigation resulting in urban runoff meeting. A brochure entitled "Guidelines for Water Conservation on Construction Sites" has 2 Completed Encourage the beneficial reuse of pipe been developed and is being distributed p g flushing water at construction sites to developers and contractors working in Chula Vista. Non-monetary incentives to incorporate Develop incentives promoting Low LID features into development projects 3 Impact Development(LID)design In Progress are being considered through a concepts collaboration between Land Development and Storm Water Management staff. Conduct a feasibility study for the A design has been created for the 4 beneficial reuse of dry weather flow In Progress capture, treatment, and reuse of dry sources weather flow at Hilltop Park. Next Steps For component #4, staff will further develop the Hilltop Park Storm Water Reuse Project by investigating potential water right issues with the San Diego Regional Water Quality Control Board and by seeking funding to implement the project, if determined to be feasible. Climate Action Plan Implementation 13 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#208 ADAPTATION STRATEGIES #6  EDU AT IO & WILDFIRES EXTREME HEAT PLANS Overview The frequency and intensity of wildfires and extreme heat events is expected to increase due to local climate change impacts. These events could lead to greater public safety (loss of life and property) and health concerns (poor air quality and infectious disease transmittal). The strategies are designed to educate the general public and the business community about the impacts of climate change using existing City and community partner outreach mechanisms with a special emphasis on making homes more resilient to wildfires, incorporating poor air quality day notifications, and educating businesses about employee heat illness risks. In addition, extreme heat events will be added as a significant emergency to the City's public safety plans with a special emphasis on serving vulnerable populations and supporting a robust network of energy-secured"Cooling Centers." The City launched its new"Ready, Set, GO!"campaign, which is a 1 Expand community wildfire education Ongoing comprehensive outreach program designed to promote wildifre prevention &preparedness. The City has begun working with the 2 Revise emergency plans to include In Progress County's Office of Emergency Services extreme heat events on updating the Multi-Jurisdictional Hazard Mitigation Plan, as appropriate. City staff now receives and forwards air Establish a procedure for notifying the quality notifications from the San Diego 3 community about poor air quality& Completed County Air Pollution Control District extreme heat days through the City's Nixle community messaging system. Next Steps City staff will continue to implement its community education and notification programs related to wildfires and extreme heat days. The City's Multi-Jurisdictional Lazard Mitigation Plan will be revised in 2015, as part of its regularly-scheduled update, to include extreme weather events. Climate Action Plan Implementation 14 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#209 ADAPTATION STRATEGY AT"EOY# OPEN SPACE MANAGEMENT" Overview Chula Vista's open space areas include landscaped areas within developments, parks and recreation areas, and open space that has been set aside as a preserve for sensitive biological resources. In order to assess and reduce impacts associated with climate change on parks and open space and their associated ecosystems, Strategy #8 is intended to seek opportunities for the City to partner with the Resource Agencies, non-profit organizations, and/or adjacent public land managers to monitor and manage/restore ecosystems to ensure long-term habitat connectivity, species resilience, and community recreational opportunities. Integrate climate change-related Staff is working with the San Diego 1 biological monitoring into Otay Ranch In Progress Foundation to review potential monitoring . Preserve's Management Plan &Annual protocols to integrate into preserve Work Plans management activities. . Update the Otay Valley Regional Park Chula Vista will be proposing to the OVRP Executive Mgmt Team to include (OVRP) Concept Plan to incorporate 2 In Progress climate-resilient updates to the OVRP • climate-resilient design &educational • Concept Plan as part of the FY14 Joint guidelines .. Staff Work Plan. The Open Space Division has installed Convert landscaped areas in open space 95 web-based, "smart" irrigation 3 districts to water-saving plants, mulch, & Ongoing controllers with plans to install another irrigation systems 80 smart controllers by the end of fiscal year. Next Steps As funding is available, the City and its OVRP partners will implement the Concept Plan amendments, which would address climate change impacts and vulnerabilities. Climate Action Plan Implementation 15 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#210 ADAPTATO STRATEGY# WETLANDS PRESERVATION Overview Expected local climate change impacts include precipitation variability and sea level rise that will stress riparian wetlands and estuarine wetlands, respectively. As a result, the locations where the temperature, moisture, and other environmental conditions are suitable for wetlands and their associated species will shift. In order to reduce these impacts, Strategy #9 is intended to ensure that, when preserving or restoring coastal and riparian wetland, the City take steps to incorporate adequate upland or transition habitats to accommodate shifts in wetlands coverage and help ensure public access due to sea level rise and other climate change impacts. Specifically, components include (1) evaluating the feasibility of monitoring local wetlands species ranges and abundances in response to climate change impacts, (2) incorporate wetlands "migration" in habitat management and restoration design criteria in the future Bayfront Natural Resources Management Plan (NRMP), and (3) revise the OVRP Habitat Restoration Plan and Non-native Plant Removal Guidelines to include strategies for climate change adaptation issues. Evaluate potential to monitor local Staff is working with the San Diego 1 wetlands' biological health to assess In Progress Foundation to review potential monitoring climate change impacts protocols to integrate into wetlands management activities. The draft NRMP was released in June Incorporate climate change &sea level 2013 and includes strategies to ensure 2 In Progress that bayfront habitats and species are rise concepts in Bayfront NRMP resilient to climate change impacts such as sea level rise. Amend OVRP Habitat Restoration &Non The City and its OVRP Partners will 3 Native Plant Removal Plans to promote On-Hold continue to seek funding necessary to climate resiliency proceed with the proposed OVRP plans' amendments. Next Steps In coordination with the Port of San Diego and the Bayfront Wildlife Advisory Group, staff expects to finalize the NRMP and its associated climate adaptation strategies by early 2014. The City will also, as funding permits, continue working with its OVRP partners to amend the Plans and Guidelines used for trail planning to incorporate climate adaption strategies. Climate Action Plan Implementation 16 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#211 ADAPTATION STRATEGY STT AT"EOY#1 S'E'A'LEVEL,RISE &LAND DEVEL P ENT CODES Overview Over the next 40 years, sea level rise rates are expected to increase with local sea levels 12 to 18 inches higher than their current levels. Nigher sea levels can result in increased erosion, more frequent flooding and property damage, loss of wetland habitats, and fewer waterfront public access options. As such, Strategy #10 directs the City to amend its land development codes and CEQA guidelines to incorporate climate change-related sea level rise into future development and municipal infrastructure projects' design and review. Specifically, the components include (1) revising the grading ordinance to consider a project's vulnerability to future sea level rise and flooding events, (2) modifying the Subdivision Manual to ensure that storm water/drainage infrastructure can address future sea level rise and flooding impacts, and (3) ensuring that environmental review and CEQA procedures are consistent with these changes. An ordinance revising Municipal Code 1 Revise the grading ordinance to address C©m feted 15.04 was adopted by City Council to increased rates of sea level rise p address coastal development and sea level rise concerns. In March 2012, City Council approved revisions to the Subdivision Manual Modify Subdivision Manual to ensure , 2 Completed which require 16"of sea level rise to be proper drainage with higher sea levels used for evaluating projects within tidally influenced areas. The new sea level rise requirements Ensure CEQA review procedures are (components#1 ) have been 3 consistent with new sea level-related Completed incorporated into the environmental land development guidelines document preparation process. Next Steps At this time, the Governor's Office of Planning and Research (OPR) has not provided additional guidance on sea level rise issues under CEQA. However, OPR expects to begin updating the statewide CEQA Guidelines for sea level rise impacts in late 2013. As such, City staff will continue to monitor the development of statewide CEQA Guidelines to ensure that Chula Vista is consistent with any new requirements. Climate Action Plan Implementation 17 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#212 ADAPTATION S T1 ATE OY#11 GREEN ECON Overview Climate change impacts create new issues that local communities and, in particular, businesses need to address and prepare for in order to reduce future risks and costs. These issues can include higher insurance premiums due to greater flooding or wildfire risks, more expensive utility costs due to higher energy and water demand, and lower productivity due to more employee sick days from frequent extreme heat and poor air quality days. As such, Strategy #11 is designed to provide assistance and non-monetary incentives to help businesses manage climate change risks and to attract businesses that provide "green" products or services into Chula Vista. Specifically, the components include (1) revising the municipal purchasing policy to more robustly promote the procurement of "green" products and services, especially from local Chula Vista businesses, (2) revising existing business outreach programs to include recommendations on how they can reduce future climate change risks, and (3) continuing the recruitment and retention of"green" businesses and manufacturers in Chula Vista. The City's new office supply contract Revise "green" procurement policy& includes specifications for 1 y process Completed environmentally-friendly products and procurement liaisons in each department have been trained, as appropriate. Modify business outreach programs to Both the CLEAN Business and FREBE checklists have been updated to include 2 include information on reducing climate Completed info on business-related climate change risks adaptation strategies. The City's CLEAN Business Program is 3 Continue recruiting &retaining "green" being revamped to better recognize and businesses Ongoing assist participants interested in efficiency improvements. Next Steps In 2014, the Economic Development Division will begin implementing its Council-approved business recruitment plan, which includes strategies to better attract and retain clean technology-oriented companies. Climate Action Plan Implementation 18 of 18 Progress Report(November 2013) 2014-01-07 Agenda Packet Page#213 uou,u, Cl*ff OF CHUIAVISTA 2012 GREENHOUSE GAS EMISSIONS INVENTORY Cory Downs Brendan Reed SUMMARY As part of Chula Vista's climate action program and its commitment to reduce greenhouse gas (GHG) or "carbon" emissions, the Department of Public Works' Conservation Section performs emission inventories to identify GHG sources and to help guide policy decisions. The 2012 GHG Emissions Inventory is the City's latest evaluation of its progress in reaching its emissions reduction goal and builds upon past inventory efforts. The inventory's municipal operations component utilizes the ICLEI Local Government Operations Protocol, while its community component uses ICLEI's new U.S. Community Protocol, which is the first national standard for community-wide GHG inventories. As such, community GHG emissions were recalculated for 1990 (where feasible) and 2005 based on the new protocol in order to provide a more accurate comparison to recent 2012 emission levels. The 2012 inventory indicates that Chula Vista's annual citywide GHG levels are 969,706 metric tons of carbon dioxide equivalent (MTCO2e). Compared to 2005, Chula Vista's citywide GHG emissions have increased by 15%. However, 2012 per capita emissions are only approximately 1% above 2005 levels and 36% below 1990 levels. GHG emissions from municipal sources (i.e. operations, facilities, and vehicle fleet) in 2012 were lower than 1990 and 2005 levels, approximately 44% and 3% respectively. Unlike the last two inventories (2009 & 2010 data not shown), there was a slight increase in citywide energy consumption over the last couple years due most likely to local economic recovery. As with past inventories, community transportation activity has continued increasing with 2012 vehicle miles traveled(VMT) about 29% higher than in 2005. In order to reach the current community emissions reduction goal of 20% below 1990 emission levels, the City will have to reduce its GHG emissions by more than 317,557 MT CO2e (32%); however, statewide initiatives are expected to help achieve some of these reductions by 2020. METHODOLOGY Chula Vista has been a regional and national leader in climate action policies and programs designed to reduce greenhouse gas (GHG) or "carbon" emissions. The City has participated in the United Nations Framework Convention on Climate Change, ICLEI Cities for Climate Protection Campaign, and the Conference of Mayor's Climate Protection Agreement. In addition, Chula Vista has reported 2008, 2009, and 2010 municipal emissions to The Climate Registry, which is North America's premier voluntary greenhouse gas reporting system designed to archive participants' early actions to reduce GHG emissions. Through this past involvement, the City has committed itself to reducing its greenhouse gas emissions. City of Chula Vista 1 of 8 2012 GHG Emissions Inventory 2014-01-07 Agenda Packet Page#214 PARAMETER ANALYSIS DATA ACTIVITY DATA EMISSION FACTOR PROVIDER -Metered electricity&natural gas use -SDG&E-specific electricity emission -Local power generation plants excluded coefficients(CO2). Because the most Community from Industrial Sector's natural gas totals recent 3rd party verified emission factor is in order to avoid double counting emissions from 2009,calculations were made to Energy SDG&E estimate the impacts of the increased -Metered electricity&natural gas use power from renewable sources Municipal -Fuel shipment invoices -CA average electricity emission -Energy consumption was categorized by coefficients(CH4&N2O) buildings,outdoor lighting,and wastewater -Default natural gas emission coefficients -Annual VMT data was derived from average weekday VMT values for Chula Community SANDAG Vista. Trips that either started or ended in Chula Vista but ended or started in -Default fuel(CO2/CH4/N2O/gallon) another jurisdiction were discounted by emission coefficients Transportation 50%while through trips were not included -CalTrans EmFac emission coefficients (CO2e/mile)(community analysis only) Public -Fuel consumption totals include transit Municipal Works Dept. and equipment use -Solid waste disposal data for Chula Vista residents and businesses at all California Community CalRecycle landfills -Waste charecterization,per year, -Default fugitive methane(CH4)emission Solid Waste provided by Cal Recycle. estimates(based on EPA WARM Model) Republic -Solid waste disposal data includes trash Municipal Services hauled by Republic Services and by City staff City of San -Amount of wastewater sent to City of -City of San Diego WWTP data Community Diego San Diego Waste Water Treatment Plants (WWTP) Wastewater Municipal SDG&E -Energy used to pump wastewater to -Modified SDG&E emission factor(same WWTPs as used in energy sector) -Amount of water used by all community (2005 data comes from Growth Community Otay& Management Oversight Commission -California Energy Commission report Water Sweetwater reports) detailing embedded kWh per gallon of water (embeded Authority -Modified SDG&E emission factor(same energy) water Municipal districts -Amount of water used by government as used in energy sector) operations Other Municipal Recreation -pH canisters'shipment invoices -Default fugitive carbon dioxide(CO2) Dept. emissions coefficients Table 1: Data sources and emission factors used for community and municipal emissions analyses. City of Chula Vista 2 of 8 2012 GHG Emissions Inventory 2014-01-07 Agenda Packet Page#215 The City's 2012 GHG Emissions Inventory was compiled and calculated using the Local Government Operations Protocol (Version 1.1) and the U.S. Community Protocol (Version 1.0), which were created by ICLEI and supported by California regulatory agencies to provide methodologies for local governments to better estimate their annual greenhouse gas emissions from municipal-operated and community sources, respectively. In both protocols, the emissions from five main parameters — building energy consumption, transportation, water (embedded energy), wastewater, and solid waste—are evaluated. These parameters are based solely on"end use activities" and their emissions are expressed as CO2 equivalent (orCO2e), which allows greenhouse gases of different strengths to be added together. To perform emission calculations, the City utilized the Climate and Energy Management Suite tool (Version 2.0) provided by the Statewide Energy Efficiency Collaborative. Finally, emissions for 2005 and 1990 were recalculated, where feasible, using the new U.S. Community Protocol in order to provide a more accurate comparison to recent 2012 emission levels. With technical assistance from the Energy Policy Initiatives Center (EPIC) at the University of San Diego, City staff collected "activity data" from a number of municipal and external data providers including CalTrans, SANDAL, SDG&E, CalRecycle, the Otay and Sweetwater Authority Water Districts, the City of San Diego, the Chula Vista Recreation Department, and the Public Works Department (Table 1). In most cases, the data providers were able to offer aggregated empirical data for calendar year 2012. Default emissions coefficients and related assumptions were generally used for transportation and waste analyses. However, staff included Utility-specific electricity coefficients for CO2 emissions for energy analyses. SDG&E's CO2 emission factor has not been third-party verified and updated since 2009, yet the utility has more than doubled its percentage of renewable electricity (from 9% to 20%) over the past few years. To help account for this increased renewable energy use, EPIC created a modified CO2 emission factor, which the City incorporated into its 2012 community and municipal inventories. For CH4 and N2O emissions, all inventories used the California Grid Average electricity coefficients for the particular year(or most recently available year). RESULTS Community Inventory In 2012, community GHG emissions from Chula Vista totaled 969,706 MT CO2e (Table 2, Figure 1). The sector with the greatest amount of emissions (41% of total) was transportation or mobile sources. The residential energy use sector was the second highest source producing a quarter (25%) of total community emissions, followed by the commercial energy use (19%) and solid waste (6%) sectors. Compared to 1990 and 2005, total citywide emissions in 2012 were 19% and 15% higher, respectively (Figure 1). However, 2012 per capita emissions are only approximately 1% above 2005 levels and 36% below 1990 levels. Emissions from all energy sectors have increased by 18% or 69,716 MT CO2e in total since 2005, while transportation- based emissions are estimated to have increased 26% or 80,322 MT CO2e. Solid waste and water (embedded energy) had emissions decrease since 2005 (26% and 1%, respectively), while emissions from wastewater treatment has increased in parallel with population growth (15%). City of Chula Vista 3 of 8 2012 GHG Emissions Inventory 2014-01-07 Agenda Packet Page#216 Community GHG Emissions Sources 1990,200S, 2012 &2020 For�ecast 1,200,000 1,000,,000 Wastewater(Process&Fugitive Emissions) Industrial Energy 800,,000 11111111 Water (V N 0 111111111 Solid Waste U 600,, 00 Commercial Energy .2 4-0 111111 Residential Energy 400,,000 Transportation&Mobile Sources 20%below 1990(6,52,149 ,200,000 MTCo2e) 202 0 w/RPS,LCFS&Pavley 1 (853,964 MTCo2e) 0 1,990 2005, 2012 2020, , Forecast [nvenlaryYear Figure 1: Total GHG emissions from community sources (by sector) in 1990, 2005, 2012, and 2020 (forecasted). The darker dashed line represents the City's carbon reduction goal, while the lighter dashed line signifies reduction impacts from state and federal action. Due to changes in inventory methodology, 1990 emissions are not directly comparable with 2005 or 2012 levels. Municipal Inventory Chula Vista's 2012 municipal GHG emissions were 17,896 MTCO2e (Table 3, Figure 2). The majority of emissions came from the City's vehicle fleet, which accounted for 38% of total emissions. The next highest emission sectors were building energy use (22%) and solid waste- associated emissions (17%). Both external lighting energy use (traffic control signals & street lights) and water (embedded energy) accounted for 11% of total emissions. Emissions from wastewater pumping were insignificant at less than 1%. Compared to 1990 and 2005, total municipal operation emission levels in 2012 were 44% and 3% lower, respectively (Figure 2). The largest decrease in 2012 emissions from previous years was within the external lighting energy use sector, which decreased by 18,341 MTCO2e (91%) since 1990. Furthermore, all sectors had unchanged or lower emissions in 2012 compared to 2005, except for the solid waste sector that increased by 20% (524 MTCO2e) during the time period. At this point, the City has surpassed its original GHG emission reduction goal for municipal operations by over 30%. City of Chula Vista 4 of 8 2012 GHG Emissions Inventory 2014-01-07 Agenda Packet Page#217 Table 2:COMMUNITY ANALYSIS-1990,2005,and 2012 Consumption Annual • 1990 2005 2012 Change Change 1990 2005 2012 Change Change (2012 vs. (2012 vs. (2012 vs. (2012 vs. 1990) 2005) 1990) 2005) Population 135,136 217,543 249,382 85% 15% Per Capita 6.0 3.9 3.9 -36% 1% Housing Units 49,849 73,115 79,255 59% 8% Per Housing Unit 16.4 11.5 12.2 -25% 6% Land Area(Acres) 18,558 33,024 33,042 78% 0% Per Acre 43.9 25.4 29.3 -33% 15% Annual Vehicle Miles Transportation 465,300,000 623,802,614 806,789,254 73% 29% 335,435 313,011 393,333 17% 26% Traveled(VMT)l (MTCO2e) Residential 2,438,280 3,416,724 3,642,556 49% 7% Residential 197,115 207,533 244,357 24% 186/0 Energy Commercial 767,716 2,305,220 2,586,867 237% 12%' Energy use Commercial 71,363 146,245 184,406 158% 26%4 Use (MTCO2e) (MMBtu) Industrial 1,342,551 485,504 327,471 -76% - % Industrial 123,128 32,013 26,744 -78% -16% Total 4,548,547 6,207,448 6,556,894 44% 6% Total 391,606 385,791 455,507 16% 186/0 Solid Waste(Tons) 179,986 217,881 159,833 -11% -27% Solid Waste(MTCO2e) 78,539 85,039 62,504 -20% -26% Potable Water(million Potable Water gallons) NA 12,666 10,403 NA -1$% (embeded energy) NA 40,861 40,643 NA -1% Waste Water 9,607 15,457 17,719 84% 15% 1-Due to a change in methodology transportation VMT data for 2010 is not available. Total GHG Emissions ° o *All GHG emissions are reported in CO2 Equivalent(CO2e)which allows emissions of (MTCO2e) 815,186 840,159 969,706 19/0 15/° different strengths to be added together. For example,one metric ton of methane emissions is equivalent to 21 metric tons of carbon dioxide(or CO2e)in global warming 20%GHG Reduction potential. Goal 652,149 Reductions Needed To Reach Goal 317,557 Table 3: MUNICIPAL ANALYSIS - 1990, 2005, and 2012 Annual Consumption(Metric Units) Annual Greenhouse Gas(GHG)Emissions(Metric Tons • %Change %Change %Change %Change 1990 2005 2012 (2012 vs. (2012 vs. 1990 2005 2012 (2012 vs. (2012 vs. 1990) 2005) 1990) 2005) Employees 866 1,198 863 0% -28% Per Employee 36.9 15.4 20.7 -44% 34% Vehicle Fleet Fuel Use 4781344 1,102,823 897,603 88% -19% Vehicle Fleet 4,655 9,282 6,800 46% -27% (Gallons or Equivalent) Buildings 35,527 70,790 54,765 54% -23% Buildings 3,728 4,576 4,000 7% -13% External External Energy Lights 147,100 27,780 21,764 -85% -22% 201260 2,032 1,919 -91% -6% Use Energy Lights Use (MMBtu) Sewage 7,122 257 215 -97% -16% Sewage 981 19 19 -98% 0%° Total 189,749 98,827 76,744 -60% -22% Total 24,969 6,627 5,938 -76% =1(?%o Solid Waste(Tons) 5,400 6,603 7,942 47% 20% Solid Waste 2,356 2,582 3,106 32% 20% Potable Water(million NA NA 602 NA NA'' Potable Water NA NA 2,052 NA gallons) (embeded energy) Total GHG Emissions 31,980 18,491 17,896 -44% -3% *All GHG emissions are reported in CO2 Equivalent(CO2e)which allows emissions of different strengths to be added together. For example,one metric 20%GHG Reduction Goal 25,584 ton of methane emissions is equivalent to 21 metric tons of carbon dioxide(or CO2e)in global warming potential. Reductions Needed To 0 *Goal Obtained Reach Goal City of Chula Vista 5 of 8 2012 GHG Emissions Inventory 2014-01-07 Agenda Packet Page#218 Municipal GHG Emissions 1990,2005,and,2012 3,5000 30009 IIIIIIIIIIIIIIIIIIII Wastewater(energy) IIIIIIIIIIIII Water 25000 Sollid Waste 20000 . External Lights pL u 15001 IIIIIIIIIIIII I u..rilldiin Energy 10001 �Uyy1�F I e et 5001 son= am now 20%Ibelow 1,990 (25,584 MTCo2e) 1990 2005 2012 Inventory Years Figure 2: Total GHG emissions from municipal sources (by sector) in 1990, 2005, and 2012. The dashed line represents the City's carbon reduction goal. Due to a lack of available data, emissions from the water sector are not included in the 1990 and 2005 inventories. DISCUSSION Municipal Emissions As evident by the 2012 inventory results, the City of Chula Vista has successfully lowered the GHG emissions associated with its municipal operations since the 1990s. This dramatic reduction is largely driven by decreases in emissions from the external lighting energy use sector, which is 91% lower in 2012 than in 1990. Although emissions from building energy use have increased by 7% since 1990, this sector's emissions have actually decreased over the past 5 years and are currently 13% below 2005 levels. These trends are mainly due to the City's ongoing energy management and upgrade efforts. For the external lighting sector, traffic signals and street lights were retrofitted to energy-saving LED technologies in the mid-1990s and in the last couple years, respectively. For the building sector, recent energy upgrade projects include the installation of solar photovoltaic systems at 11 facilities, more efficient HVAC systems at Normal Park Senior Center and the Public Works Corp Yard, and lighting improvements at 52 municipal facilities. It should also be noted that 1990 and 2005 inventories do not include emissions from the water sector due to a lack of available data, but this sector most likely represents only 10% of total municipal emissions. City of Chula Vista 6 of 8 2012 GHG Emissions Inventory 2014-01-07 Agenda Packet Page#219 As far as the municipal fleet, fuel usage has decreased by 19% since 2005. However, emissions from fleet use have decreased by approximately 27% during the same time period. This disparity is due to the successful implementation of the City's Clean Fleet Policy in 2008, which prioritizes alternative fuels and hybrid technologies whenever a fleet vehicle is replaced. Over the last few years, over 30% of the municipal fleet has transitioned to operate on electricity, propane, compressed natural gas, or biodiesel. While not captured in the municipal inventory, the City has also leveraged its "buying power" to promote cleaner fuel sources through its contracted fleets. Over the last few years, the City's trash hauler and transit company have completed 100% shifts to alternative fuel sources. Community Emissions Comparing 2012 community-wide emissions to 1990 levels is problematic due to the new US Community Protocol and related calculating tools, which includes revised methodologies for calculating emissions especially from the transportation, water, and solid waste sectors. For example, Vehicle Miles Traveled (VMT) from freeway use in Chula Vista is excluded from the 1990 inventory, but is included in the 2005 and 2012 inventories. These latter year inventories also discount vehicle trips that either start or end outside of the City by 50% and exclude pass through trips that do not stop in Chula Vista. Although understanding recent emissions relative to 1990 levels can provide some insight into long-term trends, it is more valid to compare GHG emission levels in 2005 and 2012, because these inventory years were able to be calculated in completely similar ways. Although the City has had significant success in lowering GHG emissions from municipal operations, reducing community-wide GHG emissions has been a challenge. GHG emissions from community sources are 15% higher since 2005, which was driven by a 26% and 18% increase in the transportation and energy sectors, respectively. While it is difficult to reduce transportation-related emissions due to long-standing land use form and commuting patterns, there are local, state, and federal programs that are beginning to actively target this sector by reducing the carbon-intensity of vehicle fuels, improving fuel efficiency, and promoting alternative transportation options. The City itself continues to integrate "smart growth" design principles into its development review and approval process and to facilitate the installation of alternative fuel infrastructure throughout the community that may further help address these emissions. As far as emissions from energy use in the community, Chula Vista has numerous programs and policies to expand energy efficiency and renewable energy opportunities. Most notably, the City's Green Building Standard has required over 2,000 new and renovated buildings to exceed state energy codes by at least 15%. Likewise, the Chula Vista Free Resource & Energy Business Evaluation (FREBE) program has successfully helped over 3,000 local businesses identify energy-saving improvements at their facilities resulting in over 60% of participants implementing an energy-reducing behavior or retrofit. Finally, the City is in the final phase of launching a local Property Assessed Clean Energy (or PACE) program, which will provide financing to residents and businesses for energy and water conservation upgrades. As part of the 2012 inventory, City staff also calculated a "Business As Usual" (BAU) emissions forecast for 2020, which is the target year for California's Assembly Bill 32 law (Table 4). The City of Chula Vista 7 of 8 2012 GHG Emissions Inventory 2014-01-07 Agenda Packet Page#220 forecast looks at current GHG emission levels and projects future emissions using population growth rates and other factors calculated by EPIC, while assuming that no new actions will be taken to reduce emissions. The forecast predicts that total Chula Vista community emissions will increase by 12% from current levels by 2020. When the impact from the Low-Carbon Fuel Standard (LCFS), vehicle fuel efficiency standards (Pavley I), and the 33% Renewable Portfolio Standard (RPS) are considered, these statewide GHG reduction measures are expected to reduce annual emissions in Chula Vista by 236,279 MTCO2e by 2020 (lighter dashed line in Figure 1). However, Chula Vista would still need to implement additional local measures to lower GHG emissions annually by approximately 201,816 MTCO2e in order to meet the City Council- approved reduction goal. Table 4:2020 G HG Emission Forecast Emissions Annual G HG • CO2e) G rowth 2020 2012 Forecast' Forecast Transportation & 393,333 9% 429,255 Mobile Sources Residential 244,357 15% 281,860 Energy Commercial 184,406 15% 212,708 Energy Solid Waste 62,504 25% 77,856 Wate r 40,643 -12% 35,645 Industrial Energy 26,744 15% 30,849 Wastewater 17,719 25% 22,071 1 11 Total 1 969,706 12%1 1,090,244 1 - Provided by University of San Diego Energy Policy Initiatives Center(EPIC) NEXT STEPS Chula Vista's climate action program is guided by its Climate Action Plan (CAP), which includes 18 strategies to lower greenhouse gas emissions and the community's vulnerability to future climate change impacts. These strategies are also designed to maximize co-benefits to the community such as utility savings, better air quality, reduced traffic congestion, local economic development, and improved quality of life. Due to a changing California regulatory framework as part of AB32 implementation, the City will be pursuing a formal update process for its current CAP over the next year. The main reasons for updating the CAP include aligning it with new climate action planning and tracking tools and selecting new climate mitigation strategies to help achieve the City's greenhouse gas emissions reduction target. The CAP update process is a major near-term priority within the City of Chula Vista Strategic Plan's "Healthy Community" goal. City of Chula Vista 8 of 8 2012 GHG Emissions Inventory 2014-01-07 Agenda Packet Page#221 III CITY OF CHULAV'ISTA CLIMATE ACTION PLAN UPDATE Roadmap For almost 15 years, Chula Vista has been a nationally-recognized leader in implementing a Climate Action Plan (CAP) to address the threat of climate change to the local community. The current CAP includes 7 climate "mitigation" measures, which are designed to reduce greenhouse gas emissions, and 11 climate "adaptation" measures, which are designed to reduce Chula Vista's vulnerability to expected local climate change impacts. In addition to addressing climate change concerns, these climate action measures offer numerous community co-benefits such as utility savings, better air quality, reduced traffic congestion, local economic development, and improved quality of life. As outlined in the City of Chula Vista Strategic Plan, updating the CAP is a major near-term priority under the City's "Healthy Community" core goal. The main reasons for updating the CAP include aligning it with new climate action planning and tracking tools as well as redefining its baseline year and greenhouse gas reduction target. In addition, an updated CAP will be more responsive to recent California Office of Planning & Research guidance on climate action planning. It is anticipated that the ma j ority of new climate measures recommended through the CAP update process will be focused on reducing greenhouse gas emissions (i.e. climate mitigation). Expected Outcomes Specifically, the City of Chula Vista will update its CAP to achieve the following: (a) Redefine the City's baseline year for greenhouse gas (GHG) emission purposes to 2005 (calendar year). The unavailability of certain data for Chula Vista's current 1990 baseline year is limiting City staff's use of new GHG emission inventory methodologies and mitigation strategy planning tools. The new 2005 baseline year will also match the State of California's baseline period under Assembly Bill 32 (Global Warming Solutions Act of 2006). (b) Recalibrate the City's GHG reduction target, in relation to the new baseline year, for both community and municipal operations. The City's current target was based on an international goal, which expired in 2012, and uses 1990 as the baseline year. The re- calibrated GHG reduction target will be compared to other local, regional, and state agencies' adopted targets and will be used to guide the selection of new climate mitigation strategies (see below). (c) Quantify and select new mitigation strategies that could, in concert with current mitigation and adaptation strategies, assist the City of Chula Vista in reaching its Climate Action Plan Update—Roadmap 1 of 3 City of Chula Vista 2014-01-07 Agenda Packet Page#222 recalibrated GIG reduction target. It is expected that the new strategies will generally fall into one of the following categories: Energy Use & Generation Water Use Waste Reduction & Recycling Transportation Municipal Operations (d) Incorporate previous climate-related documents, as appropriate, into a single Climate Action Plan with clear goals, quantifiable objectives, and key implementation tasks. Community-Based Planning Process To develop formal updates to the City's CAP, the City will reconvene a community-based "Climate Change TABLE 1: Sectors & Potential Working Group," which proved successful in creating Representatives climate mitigation and adaptation recommendations in Residents the past. The Climate Change Working Group (CCWG), — Resource Conservation which will be comprised of Chula Vista residents, Commission member(s) businesses, community group, and regional partner — Civic association member representatives, will be tasked with informing the New Development development of the above-mentioned deliverables and — Development company will be chaired by a representative from the City's — Real estate firm Resource Conservation Commission. Existing Buildings & Infrastructure — Local contractor Based on the scope of climate action planning topics and — Business association to ensure equitable and diverse viewpoints, staff Transportation proposes to recruit 2-3 representatives for the — Regional transportation reconvened CCWG from each of the sectors outlined in agency Table 1. All CCWG meetings will be open to the public, — Non-profit organization who will be encouraged to participate in the discussions. Waste Management In addition, it is anticipated that up to 2 public forums — Trash hauler will be organized by the CCWG to solicit additional — Non-profit organization community feedback. Utilities — SDG&E The CCWG's recommendations, developed through — Water districts consensus, will be presented to the City Council for formal review and consideration. Based upon City Council's direction, these recommendations would be further developed into a single, more detailed CAP document by staff. Timeline ........................................................................................................................................................................................................................................................................................................... TASK TIMELINE Milestone#1 -Initiate Climate Action Plan Update .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ..................................................................................................................................................................................... A. Council approval of"roadmap" for updating Climate Action January 2014 Plan Climate Action Plan Update—Roadmap 2 of 3 City of Chula Vista 2014-01-07 Agenda Packet Page#223 ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... B. Reconvene Climate Change Working Group (CCWG) to January—February 2014 include required representation & technical expertise Milestone#2 —Develop New Climate Mitigation Target & Strategies .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. A. Organize approximately 12 publicly-noticed CCWG meetings February—November 2014 to set a new GHG emission target and prioritize new CAP strategies ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... B. Lost 2 public forums to seek broader community feedback June—November 2014 Milestone#3 —Finalize New Climate Mitigation Target & Strategies .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. A. Present CCWG recommendations to the Resource November 2014 Conservation Commission and the City Council for review and consideration ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ B. Create a single, updated Climate Action Plan with clear goals, December 2014—April quantifiable objectives, and key implementation tasks. 2015 — Milestone#4 Implement & Track Climate Action Plan ............... ...................................................................................................................................................................................................................................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ A. Begin implementation of updated Climate Action Plan and May 2015 (Ongoing) track performance Climate Action Plan Update—Roadmap 3 of 3 City of Chula Vista 2014-01-07 Agenda Packet Page#224 City of Chula Vista Master File Number: 13-0195 File ID: 13-0195 Item Type: Action Item Status: Agenda Ready Version: 1 LARQ: In ConVOI: City Council File Created: 12/192013 File Name: Climate Action Plan Progress Report & Update Final Action: Roadmap TiUe: RESOLUTION OF THE CITY COUNCIL OF THE CIIY OF CHULA VISTA (1) ACCEPTING THE PROGRESS REPORT ON CLIMATE ACTION PLAN IMPLEMENTATION, (2) ACCEPTING THE 2012 GREENHOUSE GAS EMISSIONS INVENTORY REPORT, AND (3) DIRECTING THE CITY'S CLIMATE CHANGE WORKING GROUP TO DEVELOP RECOMMENDATIONS AS OUTLINED IN THE CLIMATE ACTION PLAN UPDATE ROADMAP FOR FUTURE COUNCIL CONSIDERATION Internal Notes: . Agenda Date: 01/072074 Agenda Number: 10. ' Sponsors: Enactment Date: Attachments: RESOLUTION, EXHIBITA-CAP November 2013 Master Fee Upd?('): Progress Report, EXHIBIT B-2012 GHG Emissions Inventory, EXHIBIT C-CAP Update Roadmap :onflicts Verif By: Hard Deadline: Draker: BReed@chulavistaca.gov Conflicts Verif On: Approval History Version Date Approver Action 1 72/23/2013 Robert Beamon Approve 1 12/24/2013 Rick Hopkins Approve 1 12/26/2013 M9elicaAguilar Approve 1 12l26/2073 Cheryl Ponds Approve 1 12lZ7/2073 Maria Kachadoonan Approve 1 72l302013 Gary Halbert Approve Liry of Chula Ysta Page f Pdnted on 7!Jl10f4 Master Conlinuetl l710195) History of Legislative File Ver- Acting Botly: Date: Action: Sent To: Due Date: Retum Resutt: sion: Date: 1 City Council 01I07/2014 Text of Legislative File 13-0195 Ciry o1 Chula Yrsta Page I Printed on 1l3ROfa M City of Chula Vista C'111,16R,� STA, Legislation Text File #: 13-0196, Version: 1 APPOINTMENT OF CITY COUNCILMEMBERS TO OUTSIDE AGENCIES: - Chula Vista Veterans Home Support Foundation - Member - Chula Vista Veterans Home Support Foundation - Alternate - International Council for Local Environmental Initiatives (ICLEI)- Environmental Lead - International Council for Local Environmental Initiatives (ICLEI)-Alternate - League of California Cities, San Diego Division - Member - League of California Cities, San Diego Division -Alternate - Metropolitan Transit System Board of Directors (MTS) - Member - Metropolitan Transit System Board of Directors (MTS) -Alternate - Metropolitan Wastewater Commission (Metro)- Member - Metropolitan Wastewater Commission (Metro)-Alternate - Otay Valley Regional Park(OVRP) Policy Committee and Preserve Owner Manager(POM) - Member - Otay Valley Regional Park(OVRP) Policy Committee and Preserve Owner Manager(POM) -Alternate - San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee - South County Economic Development Council (EDC) - Member - South County Economic Development Council (EDC) -Alternate City of Chula Vista Page 1 of 1 Printed on 1/3/2014 IV powered I IL..........eglstar 11 M 2014-01-07 Agenda Packet Page#225 Mayor and City Council City of Chula Vista 276 Fourth Avenue ��� Chula Vista, CA 91910 CHUIAVISTA (619)476-5379 FAX MEMORANDUM DATE: January 7, 2014 TO: City Councilmembers CC: Jim Sandoval, City Manager& Donna Norris, City Clerk FROM: Cheryl Cox, Mayor SUBJECT: Appointments to Outside Agencies Many of the appointments below reflect those for the 2013 calendar year. Appointments to Outside Agencies should be determined by the City Council for the 2014 calendar year. Appointments in brackets are informational only and require no further Council action. MAYOR COX • Chula Vista Veterans Home Support Foundation- Member • League of California Cities, San Diego Division - Member • Metropolitan Wastewater Commission (Metro) - Member • [San Diego Association of Governments (SANDAG) Board of Directors—Member] DEPUTY MAYOR AGUILAR ■ Otay Valley Regional Park(OVRP) Policy Committee and Preserve Owner Manager(POM) - Alternate ■ San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee COUNCILMEMBER BENSOUSSAN • International Council for Local Environmental Initiatives (ICLEI) - Member, Environmental Lead • League of California Cities, San Diego Division - Alternate • Otay Valley Regional Park Policy Committee and Preserve Owner Manager(POM) - Member • [San Diego Association of Governments (SANDAG) - 1st Alternate] • South County Economic Development Council (EDC) - Member COUNCILMEMBER RAMIREZ • International Council for Local Environmental Initiatives (ICLEI) - Alternate • Metropolitan Transit System Board of Directors (MTS) - Alternate • Metro Wastewater Commission (Metro)—Alternate • [San Diego Association of Governments (SANDAG) Board of Directors- 2nd Alternate ] • South County Economic Development Council (EDC) - Alternate COUNCILMEMBER SALAS • Chula Vista Veterans Home Support Foundation - Alternate • Metropolitan Transit System Board of Directors (MTS)—Member 2014-01-07 Agenda Packet Page#226