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2015-12-15 Agenda Packet
I dedare under penalty of perjury that 1 am employed by the City of Chula Vista in the office of the City Clerk and that I posted the document according to - .- y' `� Brown Act req�irements. . - .. �;r,; .- � _ '1�,: ~' S Signed:����$��� Dated: �2 I � J .� , � .�f, . �r ,�.� : � cm oF �'' QiUTA VISTA � ,.�,.., � ;„° �: . - C°�i����.�-�/ � � Mary Casillas Salas, Mayor Patricia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, City Attomey John McCann, Councilmember ponna R. Norris, City Clerk Steve Miesen, Councilmember Tuesday, December 15, 2015 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVISED December 11, 2015 Notice is hereby given that the Mayor of the City of Chula Vista has ca/led and will convene a Special Meeting of the Successo� Agency to the Redevelopment Agency meeting jointly with the City Council on Tuesday, Decembe� 75, 2015, at 5:00 p.m. in Council Chambers, located at 276 FouRh Avenue, Building A, Chula Vsta, Califomia to consider the items on this agenda. CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, McCann, Miesen and Mayor Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 15-0642 PRESENTATION OF A PLAQUE FROM KIDS 4 OUR WORLD INTERNATIONAL AMBASSADORS TO THE CITY OF CHULA VISTA IN APPRECIATION OF ITS SUPPORT OF THE CENTRAL AMERICA ENVIRONMENTAL AND CULTURAL EXCHANGE PROJECT Ciry of Chula Ysta Page 1 Pnntetl on 7?H7l1075 City Couneil Agenda December 15,2015 B. 15-0670 PRESENTATION OF A PROCLAMATION COMMENDING ROY OSCAR FRANZEN, JR. FOR HIS OUTSTANDING AND CONTINUOUS SUPPORT OF THE CHULA VISTA FIRE DEPARTMENT C. 15-0663 EMPLOYEE SERVICE RECOGNITION HONORING STAFF WITH MILESTONE SERVICE ANNIVERSARIES CONSENT CALENDAR (Items 1 - 12.5) The Council will enact the Consent Calendar staff recommendations 6y one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk pnor to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. 15-0666 APPROVAL OF MINUTES of December 8, 2015. sanrr�omme„anuo,,: Council approve the minutes. 2. 15-0665 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 10, VEHICLES AND TRAFFIC, BY ADDING CHAPTER 10.52.495, PARKING OF RECREATIONAL VEHICLES PROHIBITED ON CITY STREETS EXCEPT BY PERMIT, TO THE CHULA VISTA MUNICIPAL CODE (SECOND READING AND ADOPTION) oer,a,v,�e„t: Public Works Department sana�omme�dauoo: Council adopt the ordinance. 3. 15-0561 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 5-YEAR LOCAL GOVERNMENT PARTNERSHIP AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE ENERGY EFFICIENCY PROGRAMS AND APPROPRIATING $1,563,585 TO THE ENERGY CONSERVATION FUND (4/5 VOTE REQUIRED) oe�rur�em: Public Works Department SraNRecommentlafion: COUf1C1� BdOPt th2 fQSO�lltlOfl. Ciryo/Chule V518 Page 1 Prrntetl on 1L15�'LOfS City Council Agenda December 15,2015 4. 15-0584 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE REPLACEMENT OF ONE (1) VEHICLE FOR THE OPEN SPACE INSPECTION PROGRAM AND APPROPRIATING $50,000 TO THE EQUIPMENT VEHICLE REPLACEMENT FUND FOR THE PURCHASE OF SUCH A VEHICLE (4/5 VOTE REQUIRED) oePa�,e�z: Public Works Department StaflRxommendatlon: COUf1Cl1 BdOpt th2 f2501Ut1Of1. 5. 15-0594 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2015/2016 CIP BUDGET TO ESTABLISH A NEW CAPITAL IMPROVEMENT PROJECT, "F STREET PROMENADE STUDY (STL-412)", AND APPROPRIATING �491,000 IN ACTIVE TRANSPORTATION PROGRAM GRANT FUNDS AND $27,345 IN MATCHING FUNDS FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND (4/5 VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $30,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO CAPITAL IMPROVEMENT PROJECT "BIKE LANES ON BROADWAY FEASIBILITY STUDY (STM-384)" (4/5 VOTE REQUIRED) oe��e�r Public Works Department sana�omme�oauo�: Council adopt the resolutions. 6. 15-0422 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND REMOVAL OF VARIOUS POSITION TITLES, AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS WITH NO NET CHANGE IN AUTHORIZED STAFFING, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Clry olChula Ysia Page 3 Pnrrted on 1Y77R075 City Council Agenda December 15,2015 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2015/2016 COMPENSATION SCHEDULE EFFECTIVE DECEMBER 25, 2015 AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2015/2016 COMPENSATION SCHEDULE EFFECTIVE JANUARY 8, 2016 AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD CHIEF SUSTAINABILITY OFFICER (FIRST READING) (4/5 VOTE REQUIRED) oe��e�r: Human Resources Department StaflRecommendaUon: COUf1CII adopt the resolutions and place the ordinance on first reading. 7. 15-0549 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING GUIDELINES TO THE BALANCED COMMUNITIES ("INCLUSIONARY HOUSING") POLICY oePa.v�e�r. Development Services Department smaaecomme�aavo�: Council adopt the resolution. 8. 15-0627 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADVANCE DEPOSIT AND REIMBURSEMENT AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 16-I (MILLENIA) BETWEEN THE CITY AND SLF IV-MILLENIA, LLC AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY oe�,v,�e�:: Finance 8 Development Services Departments swaRecomme�aaoo�: Council adopt the resolution. Ciryo/ChuW Visfa Page C Prinfetl on f7H7R075 City Council Agenda December 15,2015 9. 15-0626 INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2015 oe��m,enr: Finance Department smnR�omme�eavo�: Council accept the report. 10. 15-0563 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MILLS ACT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE PROPERTY OWNERS OF 88 K STREET, HISTORIC SITE #102, AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT oe��u„e�c Economic Development Department StaflRecommendation: COUf1C11 BdOpi ih2 f2SOlUilOf1. 11. 15-0636 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY FOR EXPANSION OF THE FREE RESOURCE AND ENERGY BUSINESS EVALUATION PROGRAM (FREBE) oe��m,e�r Economic Development Department saea�omme�e�r;o�: Council adopt the resolution. 12. 15-0651 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING �460,000 TO THE NON- DEPARTMENTAL SUPPLIES AND SERVICES BUDGET FOR UNANTICIPATED ATTORNEY SERVICES EXPENSES (4/5 VOTE REQUIRED) �eparrmen:: City AttOfflBy smeaecomme�aavo�: Council adopt the resolution. 12.5 15-0668 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT FOR THE "ROOF REPLACEMENT AT CHULA VISTA PARKWAY GYMNASIUM AND POOL" (PR317) PROJECT TO ROOF CONSTRUCTION IN THE AMOUNT OF �162,649 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $24,400 City o/Chula Vsia Page 5 Pnnted on 1?H1lLO15 I City Council Agenda December 15,2015 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $23,400 OF HOUSING RELATED PARK GRANT FUNDS TO PR317 (4/5 VOTE REQUIRED) oe��e�r Public Works Department smeR�amme�aauo�: Council adopt the resolutions. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Pu61ic Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The followinq Public Hearinq items are time certain for 6:30 a.m. The following item(s) have been advertised as public heanng(s) as required by law. N 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. 13. 15-0617 PRESENTATION OF THE 2014/2015 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) AND SOLICITATION OF INPUT ON FUNDING PRIORITIES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), AND EMERGENCY SOLUTIONS GRANT (ESG) 2016/2017 PROGRAM oe��ur,e�c Development Services Department saeReoomme�aauoo: Council accept the year-end report and conduct the public hearing. 14. 15-0417 CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING ORDINANCE NO. 3064 RELATING TO THE PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PROGRAM FOR OTAY RANCH VILLAGES ONE, TWO, FIVE AND SIX Ciry o/Chula Ysta Page L Printad on 1 L77R075 I City Council Agenda December 15,2075 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY DEVELOPMENT PLANNING AND FINANCING GROUP RECOMMENDING AN UPDATE OF THE EXISTING PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE FOR OTAY RANCH VILLAGES ONE, TWO, FIVE, AND SIX AND AMENDING CHAPTER 16 (DEVELOPMENT AND IN-LIEU FEES) OF THE CITY'S MASTER FEE SCHEDULE B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 3064 RELATING TO A PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE FOR OTAY RANCH VILLAGES ONE, TWO, FIVE, AND SIX RELATING TO THE ANNUAL REVIEW AND ADJUSTMENT OF FEES (FIRST READING) oe��e�r: Development Services Department Staf/Recommendation: COUf1CII conduct the public hearing, adopt the resolution and place the ordinance on first reading. 15. 15-0658 CONSIDERATION OF APPROVING THE DEVELOPMENT AND OPERATION OF A CHULA VISTA BMW DEALERSHIP RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE CITY AND SUNROAD BCV HOLDING, INC. OR AN AFFILIATE; MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND AUTHORIZING THE EXECUTION AND IMPLEMENTATION OF SAID OWNER PARTICIPATION AGREEMENT oe��e�r Development Services Department saarre�omme„cavo�: Council conduct the public hearing and adopt the resolution. 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. 16. 15-0619 CONSIDERATION OF APPROVAL OF PURCHASE AND SALE AGREEMENTS TO SELL PARCELS Ciy o/Chub vsta Page 7 Priirted on 1?H7/I075 City Council Agenda December 15,2015 A. RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AND SALE AGREEMENT WITH MV PROPERTIES, INC. TO SELL ASSESSOR PARCEL NOS. 568-334-05, 568-334-06, 568- 334-07, AND 568-334-08 FOR $425,000.00 B. RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AND SALE AGREEMENT WITH AMELIA, LLC TO SELL ASSESSOR PARCEL NOS. 568-351-04 AND 568-351-05 FOR $245,000.00 oe�.rme�r Economic Development Department smaR�omme��uo�: Agency adopt the resolutions. CITY MANAGER'S REPORTS MAYOR'S REPORTS 17. 15-0629 APPOINTMENT OF CITY COUNCILMEMBERS TO OUTSIDE AGENCIES: � SAN DIEGO ASSOCIATION OF GOVERNMENT (SANDAG) BOARD OF DIRECTORS - MEMBER � SAN DIEGO ASSOCIATION OF GOVERNMENT (SANDAG) BOARD OF DIRECTORS - ALTERNATE 18. 15-0667 SELECTION OF DATE AND TIME OF OPEN MEETING OR MEETINGS TO CONDUCT INTERVIEWS OF ALL APPLICANTS FOR THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S SOUTHEAST AND SOUTHWEST TERRITORY REPRESENTATIVE SEATS, AND THE APPLICANTS FOR THE GROWTH MANAGEMENT OVERSIGHT COMMISSION EDUCATION REPRESENTATIVE SEAT AND CIVIL SERVICE COMMISSION WHO RECEIVED TWO OR MORE NOMINATIONS AT THE MEETING OF NOVEMBER 10, 2015 COUNCILMEMBERS' COMMENTS Ciry o!ChuW Ysta Paga 8 Primed on fYf7/I015 Ciry Council Agenda December 15,2015 CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act(Govemment Code 54957.7). 19. 15-0661 A. CONFERENCE WITH LEGAL COUNSEL- -ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d )(4) One case involving consideration of a petition to the State Water Resources Control Board in connection with San Diego Regional Water Quality Control Board Order R9-2015-0100 (Regional MS4 Permit). B. CONFERENCE WITH LEGAL COUNSEL- -ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) One case. 20. 15-0662 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: Chris Shilling, et al. v. City of Chula Vista, San Diego Superior Court , Case No . 37-2015-00006097-C U-M C-CTL ADJOURNMENT to the Regular City Council Meeting on January 5, 2016, at 5:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's O�ce, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. Ciry o/ChuW V'uYa Page 9 Pnntetl on 11H1lt015 Ciry Council Agenda December 15,2015 In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista iequests individuals who 2quire special accommodations to access, attend, and/or paRicipate in a City meeting, activity, or service, contact the Cdy Clerk's O�ce at(619) 691-5041(Calilomia Relay Service is available lor the hearing impaiied by dialing 711) at least (o�ty-eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, aie video recorded and aired live on ATBT U-verse channel 99(throughout the County), on Cox Cable channe124 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. Sign up at www.chulavistaca.gov to ieceive email noti(ications when City Council agendas are published online. NOTICE OF REVIEWAND PENDING APPROVAL OF A FINAL MAP M accordance with Califomia Govemment Code Section 66458(d), notice is he�eby given that the City Engineer has reviewed and, immediately following this Ciry Council meeting of December 15, 2015, will approve the following final map: "Otay Ranch Millenia Phase 2° (Chu/a Vista Tract No. 09-03), located at the southwesteAy comer of Birch Road and Eastlake Parkway, Specifically, the City Engineer has caused the map to be examined and has made the(ollowing findings: (1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the p�ovisions of the Subdivision Map Act and any local ordinances applicable at the time of approval o/the tentative map. (3) The map is technically correct. Said map will be finalized and recorded, unless an interested paity files a valid appeal of the G'ty Engineer's action to City Council no later than 2:00 p.m., f 0 ca/endar days /rom the date of this City Council meeting. A valid appeal must identify the improperincorrect finding and the basis for such conclusion. If you have any questions about the map approval findings or need additional information about the map or your appeal�ghts,please feel(ree to contact Tom Adler at(619)409-5483. Ciry of Chula Yisb Page f0 Printetl on 17H7l1075 City of Chula Vista Staff Report File#:15-0642, Item#: A. PRESENTATIONOFAPLAQUEFROMKIDS4OURWORLDINTERNATIONALAMBASSADORS TOTHECITYOFCHULAVISTAINAPPRECIATIONOFITSSUPPORTOFTHECENTRAL AMERICA ENVIRONMENTAL AND CULTURAL EXCHANGE PROJECT City of Chula VistaPage 1 of 1Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 11 City of Chula Vista Staff Report File#:15-0670, Item#: B. PRESENTATIONOFAPROCLAMATIONCOMMENDINGROYOSCARFRANZE,JR.FORHIS OUTSTANDING AND CONTINUOUS SUPPORT OF THE CHULA VISTA FIRE DEPARTMENT City of Chula VistaPage 1 of 1Printed on 12/11/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 12 City of Chula Vista Staff Report File#:15-0663, Item#: C. EMPLOYEESERVICERECOGNITIONHONORINGSTAFFWITHMILESTONESERVICE ANNIVERSARIES City of Chula VistaPage 1 of 1Printed on 12/11/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 13 City of Chula Vista Staff Report File#:15-0666, Item#: 1. APPROVAL OF MINUTES of December 8, 2015. RECOMMENDED ACTION Council approve the minutes. 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ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 10, VEHICLES AND TRAFFIC, BY ADDING CHAPTER 10.52.495, PARKING OF RECREATIONAL VEHICLES PROHIBITED ON CITY STREETS EXCEPT BY PERMIT, TO THE CHULA VISTA MUNICIPAL CODE (SECOND READING AND ADOPTION) Council adopt the ordinance. SUMMARY The City has received input from residents and business owners regarding the parking of recreational vehicles on city streets. The input cited several concerns associated with the parking of these vehicles including health and traffic safety, perceived security, littering, and community ambiance. The purpose of this ordinance is to prohibit parking of recreational vehicles on city streets except by permit. ENVIRONMENTAL REVIEW The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 Existing Facilities of the California Environmental Quality Act State Guidelines. DISCUSSION Currently,theCityofChulaVistaregulatestheparkingofvehiclesoncitystreetsinaccordancewith theChulaVistaMunicipalCode(CVMC)parkingregulations,includingoverheightvehiclesparking awayfromintersectionsandstorageofvehicles.OverheightVehiclemeansanyvehiclewitha heightofsixfeetormoreatanypoint,includingtheload,caborbody,whenmeasuredfromthe roadway.Avehicleisconsideredtobestoredwhenithasbeenleftstandingonastreetwithout having been moved more than one-tenth of a mile within a 72-hour period. Additionally,CVMC10.84.020regulatesparkingofvehiclesonportionsofprivateproperty.The CVMC 10.84.020 “Parking prohibited on portions of private property”, states the following: Novehicle,vacationtrailer,campingtrailer,boat,boattrailer,camperorrecreationalvehicle maybeparkedorplacedwithinthefrontyardorexteriorsideyard(i.e.,streetsideofacorner lot) setback, except as follows: A. In a garage or carport. City of Chula VistaPage 1 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 20 File#:15-0665, Item#: 2. B. On a paved driveway. C.Onadust-freeareaadjacenttoapaveddriveway.“Adjacent”shallmeanwithin10feetof the edge of the driveway. D.Whenparkingisnotavailableundersubsections(A)through(C)ofthissection,then considerationshallbegivenbythezoningadministratortoselectaparkingareaonthe opposite side of the lot or other appropriate locations. Unmountedcampersandcampershellsmaynotbeplacedinthefrontyard,driveway,or unscreened(bysolidsix-foot-highfenceorhedge)exteriorsideyardsetbackareaforaperiod of more than 72 hours. The City has recently received input from residents and business owners regarding the parking of recreational vehicles on city streets. The input cited several concerns associated with the parking of these vehicles including health and traffic safety, perceived security, littering, and community ambiance. The purpose of this ordinance is to prohibit parking of recreational vehicles on city streets except by permit. Summarized below are concerns that have been expressed: - Health Safety: wastewater discharge dumped directly onto the street and adjacent public right of way. - Traffic safety: recreational vehicles typically have a high profile. Therefore, when parked close to an intersection or driveway, they may impair the sight distance for vehicles attempting to enter the main street. They may also impair sight distance for pedestrians attempting to cross the street. The parking of these vehicles on narrow streets may impede access and block visibility of oncoming traffic on curves. In addition to being large, they constitute a hazard if hit by a vehicle, because they are fixed and resist movement. - Perceived security: the size of recreational vehicles and the inability to see inside the vehicle make the residents of a neighborhood uncomfortable with these vehicles parking on their streets. - Littering: the parking of recreational vehicles in some cases is associated with the generation of trash. Residents and business owners have noticed that locations where the vehicles are parked appear to generate more trash and debris than what would typically be expected. Trash and debris has been found to be dumped directly onto the street and adjacent public right of way. - Neighborhood ambiance: the parking of recreational vehicles and trailers with boats on residential streets limits on-street vehicle parking, blocks the view of neighborhood children playing, neighbors and surrounding landscaping. In addition, parked recreational vehicles may restrict the views of mountains, canyons, and the ocean, where those views may exist. Therefore, recreational vehicle parking affects the residential character of a neighborhood. Staff researched existing parking regulations used by other municipalities. Several were found to have regulations specific to recreational vehicles including prohibition of parking on streets except by City of Chula VistaPage 2 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 21 File#:15-0665, Item#: 2. permit. The specifics details of the regulations varied widely but typically addressed: the type, weight or size of vehicle being defined as a “recreational vehicle”; the streets being restricted; the times and days of restriction. Other municipalities have used the prohibition of parking of recreational vehicles on city streets along with a permit process to allow temporary parking (24 hours) to address this issue. City staff contacted several of these municipalities for input on its effectiveness as well as their establishment and evaluation procedures. This ordinance incorporates the information received. California Vehicle Code section 22507 authorizes local authorities, by resolution or by ordinance, to restrict the parking of vehicles on streets. A resolution or ordinance adopted pursuant to this section may contain provisions that are reasonable and necessary to ensure the effectiveness of this ordinance. Such a parking restriction shall not apply until signs or markings giving adequate notice thereof are placed. This Ordinance specifies that the City manager has authority to adopt procedural rules and regulations governing the permit process and to issue a parking permit for the parking of a recreational vehicle on a public street to any Chula Vista resident, for the resident’s use or for the use of a resident’s guest, if (1) a written application is made to the City Manager including the address of the resident; and (2) the appropriate fees are paid. This Ordinance states the permitted recreational vehicles is subject to all other applicable parking restrictions in the California Vehicle Code and the Chula Vista Municipal Code. CONCLUSION: Existing City regulations deal only with parking on private property, over height vehicles, and the storage of all vehicle types for a period longer than 72 hours. No existing City regulations apply to recreational vehicles associated with many of the community concerns listed above. The typical regulations used by City staff to address parking related issues and concerns would not appropriately address this specific issues listed above regarding the parking of recreational vehicles on residential streets. The input cited several concerns associated with the parking of these vehicles, including traffic safety, perceived security, littering, and community ambiance. The purpose of this ordinance is to prohibit parking of recreational vehicles on city streets except by permit. 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 Title 2, section 18702.2(a) (11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any 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 TheCity'sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisactionitem City of Chula VistaPage 3 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 22 File#:15-0665, Item#: 2. supports the Strong and Secure Neighborhood strategy identified in the City's Strategic Plan. CURRENT YEAR FISCAL IMPACT The cost for the signs, installation of signs and administration of the permits will be funded by the collection of the permit fees; therefore, no direct impact to the General Fund. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City maintenance. Attachment: Proposed Recreational Vehicle Parking Ordinance Prepared by: Muna Cuthbert, Sr. Civil Engineer, Public Works Dept. City of Chula VistaPage 4 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 23 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTAAMENDING TITLE 10, VEHICLES AND TRAFFIC, BY ADDING CHAPTER 10.52.495PARKING OF RECREATIONAL VEHICLES PROHIBITED ON CITY STREETS EXCEPT BY PERMIT, TO THE CHULA VISTA MUNICIPAL CODE WHEREAS,the parking or storing of motorhomes, boats, travel trailers and other recreational vehicles, whether motorized or towed, on city streets can negatively affect traffic safety and quality of lifefor those who live and work in Chula Vista; and WHEREAS, traffic safety impacts of recreational vehicles parked or stored on city streets include impaired visibility of pedestrians for drivers, impaired access to driveways and cross traffic on narrow residential streets, and impaired sight distance for drivers and pedestrians if the recreational vehicleis parked close to an intersectionor on a curve; and WHEREAS, quality-of-life impacts of recreational vehicles parked or stored on city streets include illegal discharge of wastewateronto streets or the storm water system, trash or litter by the recreational vehicle, reduced on-street parking for regular-sized vehiclesfor residents and business customers, blocked views of landscaping or other natural environmental features, and a sense of reduced security for nearby residents or businessowners and patrons if the interior of a recreational vehicle parked or stored on a city street is hidden from view; and WHEREAS, allowing recreational vehicles to park on city streets while being loaded or unloaded, or to park on a temporary basiswith a permit, balances the needs of recreational vehicle owners in the city with other users of public streets; and WHEREAS, California Vehicle Code section 22507 authorizes local authorities, by resolution or by ordinance, to restrict theparking of certain vehicles on certain streets during all or certain hours of the day, including designating certain streets upon which preferential parking privileges are given to residents adjacent to streets for their use and enjoyment, under which residents are issued permits that exempt them from the parking restriction; and WHEREAS, pursuant to California Vehicle Code section 22507, such a parking restriction shall not apply until signs or makings giving adequate notice thereof are placed; and WHEREAS, pursuant to California Vehicle Code section 22507, a resolution or ordinance adopted pursuant to this section may contain provisions that are reasonable and necessary to ensure the effectiveness of the parking restriction; and WHEREAS, prohibitingthe parking or storing of recreational vehicles on city streets promotes the health, safety and general welfare of the community by preserving the residential character of neighborhoods, preserving the commercial character of business areas, preventing the illegal discharge of wastewater from recreational vehicles into stormwater systems, preventing the illegal disposal of trash on streets or easements, and preventing traffic safety ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 24 Ordinance Page 2 problems associated with recreational vehicles parking or being stored oncity streets, such as impaired visibility for drivers and pedestrians or impaired access to driveways. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter10.52.495 PARKING OF RECREATIONAL VEHICLES PROHIBITEDON CITY STREETS EXCEPT BY PERMIT A.No person shall park any recreational vehicle, whether motorized or not, whether attached to a motorized vehicle or not, at any time upon any highway, street, alley, public way or public place, except as otherwiseallowed, in the city of Chula Vista except: 1.When the registered owner or lessor of a recreational vehicleis in possession of a valid City permit; 2.While in the process of actively loading or unloading; 3.When such vehicle or trailer is disabled in such amanner and to such an extent that it is impossible to avoid stopping and temporarily parking such vehicle or trailer. B.For the purposes of this section, “recreational vehicle” shall include, but is not limited to, the following: 1.Camp trailers (CaliforniaVehicle Code Section 242); 2.Fifth-wheel travel trailers (California Vehicle Code Section 324); 3.House cars (California Vehicle Code Section 362); 4.Trailer coaches (California Vehicle Code Section 635); 5.Mobilehomes (California Vehicle Code Section 396); 6.Boats and/or trailers, including jet skis and/or jet ski trailers; 7.Dune buggies and off-road or all-terrain vehicles and/or trailers; 8.Trailers used for the transportation of equipment, vehicles or animals; 9.Recreational vehicles (California Health & Safety Code Section 18010); 10.Folding camper trailers; ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 25 Ordinance Page 3 11.Any other motorized or towed vehicle designed, maintained or used primarily for recreational purposes. C.The City Manager has authority to adopt procedural rules and regulations governing the permit processand to issue a parking permit for the parking of a recreational vehicle on a public street or public placeto any Chula Vista resident, for the resident’s use or for the use of a resident’s guest,if (1) a written application is made to the City Manager including the address of the resident; and (2) the appropriate fees as described below are paid. 1.A permit will be issued upon payment of a fee and will be available for purchase at City facilities designated by the City Manager, or may be available throughthe City’s website, if determined feasible by the City Manager. The permit fee shall be as set forth in the Master Fee Schedule of the City adopted by resolution of the City Council. The City Manager shall from time to time recommend such fees to the Council that reflect an amount to equal but not to exceed the reasonable costs of administration of the program and sign installation and maintenance. 2.The permit shall state the address of the resident and the permit shall be valid only within the same blockof the resident’s address, or upon a street adjacent to the resident’s address, on either side of the street. 3.The permit shall be displayed on the recreational vehicle in a manner determined by the City Manager. 4.The duration of the permit shall not exceed 24 hours. 5.No more than 3 consecutive permits may be issued to any one address for any 72- hour period. 6.No more than 72permits may be issued relating to any oneaddressin any one calendar year. 7.Proof of residency or tenancy and proof of recreational vehicle ownership or recreational vehicle use or control shall be demonstrated in a manner determined by the City Manager. 8.The permitted recreational vehicle shall be subject to all applicable parking restrictions in the Chula Vista Municipal Code and the California Vehicle Code. D.A violation of any provision of this Section is an infraction and punishable with a court citation and a minimum $100 fine, pursuant to Section 1.20.010.B of the Chula Vista Municipal Code. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 26 Ordinance Page 4 E.As an alternative to Subsection D, at the sole discretion of the City Manager, a violation of any provision of this Section may be punishable with an administrativecitation pursuant to Section 1.41.100 of the Chula Vista Municipal Code. Section II.Severability If any portion of this Ordinance, or its application to any person or circumstance, is for anyreason 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 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 City Council of the City of Chula Vista intends this Ordinance to supplement, not to or contradict, applicable state and federal law and this Ordinance shall be construed in duplicate light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented byApproved as to form by _________________________________________________________________________ Richard A. HopkinsGlen R. Googins Director of Public WorksCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 27 0 ¦¤ 28 CONSIDERATIONOFAMENDINGTITLE10,VEHICLESANDTRAFFIC, ORDINANCEOFTHECITYOFCHULAVISTAAMENDINGTITLE10, OFRECREATIONALVEHICLESPROHIBITEDONCITYSTREETSEXCEPTBYPERMIT,TOTHECHULAVISTAMUNICIPALCODE(FIRST BYADDINGCHAPTER10.52.495,PARKINGOFRECREATIONAL VEHICLESPROHIBITEDONCITYSTREETSEXCEPTBYPERMIT,TOTHE VEHICLESANDTRAFFIC,BYADDINGCHAPTER10.52.495,PARKING CITYCOUNCIL December 8, 2015 CHULAVISTAMUNICIPALCODE MEETING OF READING) Item No. 4 (15-0631) : Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 29 andbusinessownersregardingtheparkingof TheCityreceivedcomplaintsfromresidentsrecreationalvehiclesoncitystreets.Concerns Communityambiance(curbappeal) Introduction Illegaldumpingandlitter CommunitySafety Trafficsafety citedinclude: Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 30 Recreational vehicles (California Health & Safety Code Section 18010); Any other motorized or towed vehicle designed, maintained or used Trailers used for the transportation of equipment, vehicles or animals; Recreational Vehicle Types Dune buggies and off-road or all-terrain vehicles and/or trailers; Fifth-wheel travel trailers (California Vehicle Code Section 324); Boats and/or trailers, including jet skis and/or jet ski trailers; Trailer coaches (California Vehicle Code Section 635); Mobile homes (California Vehicle Code Section 396); Camp trailers (California Vehicle Code Section 242); “RecreationalVehicles”includes,butisnotlimitedto: House cars (California Vehicle Code Section 362); primarily for recreational purposes. Folding camper trailers; Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 31 Whenparkingisnotavailableundersubsections(A)through(C)ofthissection, Novehicle,vacationtrailer,campingtrailer,boat,boattrailer,camperor recreationalvehiclemaybeparkedorplacedwithinthefrontyardorexteriorside thenconsiderationshallbegivenbythezoningadministratortoselecta CVMC10.84.020regulatesparkingofvehicleson Onadust-freeareaadjacenttoapaveddriveway.“Adjacent”shallmean parkingareaontheoppositesideofthelotorotherappropriatelocations. Municipal Code (CVMC) Existing Chula Vista yard(i.e.,streetsideofacornerlot)setback,exceptasfollows: within10feetoftheedgeofthedriveway. portionsofprivateproperty. Inagarageorcarport. Onapaveddriveway. Packet !¦¤£ C. A. D. B. ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 32 PursuanttoCaliforniaVehicleCode(CVC)22507and21360,CityEngineermayestablishlocationswhereparkingof OverheightVehicle-anyvehiclewithaheightofsixfeetor fromanintersectionthemaximumdistanceofrestrictionis100 overheightvehiclesisrestrictedbasedonthesiteobstructionposedbyoverheightvehiclestovehiclesenteringtheroadway CVMC10.52.490addressesprohibitions atanypointonthevehiclemeasuredfromtheroadway. regardingparkingofoverheightvehicles. Overheight Vehicles CVMC feetfromthecurbreturn. more Packet the !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 33 Nocamperbody,whichhasbeendetachedfromamotor CVMC10.52.100addressesstorageofvehicles Novehiclecanparkonastreetoralleyformorethana shallbeleftstandingonaCitystreetatanytime. Storage of Vehicles orcamperbodiesonstreets. CVMC periodof72hours. consecutive vehicle Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 34 Currently,theCVMCdoesnotaddresssomeof negativelyaffecttrafficsafetyandqualityoflife recreationalvehiclesoncitystreetscan Parkingorstoringofmotorizedortowedtoparkingandstoringrecreationalvehiclesin theresidents’andbusinesses’concernsrelated Impact to the Community forthosewholiveandworkinChulaVista. thecommunity. Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 35 Traffic Safety Issues Impaired motorist visibility of pedestrians Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 36 Impaired sight distance for drivers, bicyclists, and Traffic Safety Issues pedestrians Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 37 Traffic Safety Issues Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 38 Impaired access to driveways and cross traffic on Traffic Safety Issues narrow residential streets Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 39 Traffic Safety Issues Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 40 Reduced travel lane width due to parked, wide Traffic Safety Issues recreational vehicles Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 41 Reduced on-street parking for residents and Traffic Safety Issues business patrons Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 42 Traffic Safety Issues Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 43 Traffic Safety Issues Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 44 Illegaldischargeofwastewaterontostreetsorthe Health and Safety Issues watersystem storm Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 45 Health and Safety Issues Illegaldumpingoftrashandlitter Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 46 naturalenvironmentalfeatures(community Reducedandblockedviewsoflandscapingand Health and Safety Issues ambiance) other Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 47 Health and Safety Issues Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 48 Health and Safety Issues Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 49 Health and Safety Issues Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 50 Health and Safety Issues Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 51 Parkedrecreationalvehicleswithcoveredwindows securityconcernsfornearbyresidentsand Health and Safety Issues businessownersandpatrons create Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 52 Health and Safety Issues Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 53 SolanaBeachallhaveregulationsspecifictorecreational Type,weight,orsizeofvehiclesdefinedasarecreational CityStaffresearchedexistingparkingregulationsofother vehicles,includingprohibitionofparkingonstreetsexceptby municipalities.ThecitiesofDelMar,ElCajon,SanDiego,and Details of the regulations varied widely, but typically addressed: Cities with RV Parking Permit Ordinances Streetsthatwererestricted Hoursofrestriction Daysofrestriction vehicle permit. Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 54 Preventsrecreationalvehiclesfromencroachingintothetravel Improvesvisibilityandsightdistanceformotorists,bicyclists, Improvesaccesstodrivewaysandon-streetparkingforwastewaterontostreetsandintostormwater Reducesthelikelihoodofrecreationalvehiclesthatillegally RV Parking on City Streets Benefits of Regulating andbusinesspatrons pedestrians discharge residents systems lanes and Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 55 Reduceslikelihoodofrecreationvehiclesillegallydisposingof Preservesresidentialcharacterofneighborhoodsbyincreasingoflandscapingandnaturalenvironmentalfeaturesinthe Addressessafetyconcernsofresidents,businessownersand relatedtoneighborhoodsecurityandparkingand RV Parking on City Streets, Cont. Benefits of Regulating storingrecreationalvehiclesonCitystreets. onstreetsandeasements community. patrons views trash Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 56 privilegesaregiventoresidentsadjacenttostreetsfortheiruseandenjoyment, restricttheparkingofcertainvehiclesoncertainstreetsduringallorcertainhours safetyconcernsofthecommunity,Citystaff *CVCSection22507authorizeslocalauthorities,byresolutionorbyordinance,to oftheday,includingdesignatingcertainstreetsuponwhichpreferentialparking underwhichresidentsareissuedpermitsthatexemptthemfromtheparking Tobalancetheneedsofrecreationalvehicle draftedanordinancethatwouldrequire recreationalvehicleownerstoacquirea ownerswhileaddressingtraffic,health,and Proposed Ordinance permittoparkonCitystreets. restriction. Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 57 uponanyhighway,street,alley,publicwayorpublicplace, Whentheregisteredownerorlessorofarecreationalvehicleis ornot,whetherattachedtoamotorizedvehicleornot,atanytimeWhensuchvehicleortrailerisdisabledinsuchamannerandto Nopersonshallparkanyrecreationalvehicle,whethermotorized anextentthatitisimpossibletoavoidstoppingand exceptasotherwiseallowed,intheCityofChulaVistaexcept: Whileintheprocessofactivelyloadingorunloading; Proposed Ordinance temporarilyparkingsuchvehicleortrailer. RV Parking possessionofavalidCitypermit; such Packet !¦¤£ in ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 58 TheCityManagerhasauthoritytoadoptprocedural 1)AwrittenapplicationismadetotheCityManager recreationalvehicleonapublicstreetorpublicplacetoanyChulaVistaresident,fortheresident’suseorforthe rulesandregulationsgoverningthepermitprocessandtoissueaparkingpermitfortheparkingofa RV Parking Permit Process Proposed Ordinance includingtheaddressoftheresident. 2)Theappropriatefeesarepaid. useofaresident’sguest,if: Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 59 Thepermitshallbedisplayedontherecreational permitshallbevalidonlywithinthesameblockofProofofresidencyortenancyandproofof useorcontrolshallbedemonstratedinamanner inamannerdeterminedbytheCityManager. theresident’saddress,oruponastreetadjacenttovehicleownershiporrecreationalvehicle Thepermitshallstatetheaddressoftheresidentand theresident’saddress,oneithersideofthestreet. Proposed Ordinance RV Parking Permit determinedbytheCityManager. recreational vehicle Packet the !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 60 toanyoneaddressforany72-hour Thedurationofthepermitshallnotexceed24 Nomorethan3consecutivepermitsmaybetoanyoneaddressinanyone Nomorethan72permitsmaybeissued RV Parking Permit Duration Proposed Ordinance calendaryear. relating period. hours. issued Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 61 administrationandsigninstallationandmaintenance. theCityCouncilreflectinganamountequalto,but PermitswillavailableforpurchaseatCityfacilitiesTheCityManagershallperiodicallyrecommendfees oftheCityadoptedbyresolutionoftheCity notexceeding,thereasonablecostsofprogram feasiblebytheCityManagerpermitsmaybeThepermitfeeshallbeassetforthintheMasterFee bytheCityManager,orifdetermined RV Parking Permit Fee Proposed Ordinance availablethroughtheCity’swebsite. designated Schedule Council. Packet !¦¤£ to ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 62 aninfraction,andpunishablewithacourt toallapplicableparkingrestrictions Thepermittedrecreationalvehicleshallbe Aviolationofanyprovisionofthisordinance citationoradministrativecitation($100fine). RV Parking Enforcement Proposed Ordinance intheCVCandCVMC. subject Packet !¦¤£ is ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 63 dayafteritsfinal Enforcementcouldoccuroncethepermit processisoperationalandpublicoutreachis ThisOrdinancewouldbecomeeffectiveand readingandaftersignagehasbeeninstalled. Effective Date of Ordinance th beinforceonthe30 complete. Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 64 CitystaffrecommendsthattheCityCouncil adopttheordinancerequiringrecreational vehiclesownersacquireapermittopark Recommendation recreationalvehiclesonCitystreets. Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 65 Developandimplementpublicawarenessplan.Theawareness EstablishandapproveRVparkingpermitfeeviaResolution. EstablishRVparkingpermitprocessthroughCityManager. InstallRegulatorySignsatallmajorentrancesintotheCity. Next Steps Upon Adoption NoticessenttoRVrelatedbusinesses(RVParks,Marina,etc.) It is estimated to take 60-90 days to complete these items. CreateRVparkingpermitprocessthroughCitywebsite. couldincludesomeofthefollowingelements: FlyerstopostonRVsduringaninitialgraceperiod Publicnoticesinnewspapers Additionalsignage Utilitybillinserts Pressreleases plan Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 66 Questions Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ City of Chula Vista Staff Report File#:15-0561, Item#: 3. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA5-YEAR LOCALGOVERNMENTPARTNERSHIPAGREEMENTWITHSANDIEGOGAS&ELECTRICTO PROVIDEENERGYEFFICIENCYPROGRAMSANDAPPROPRIATING$1,563,585TOTHE ENERGY CONSERVATION FUND (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY Since2006,theCityandSanDiegoGas&ElectrichavebeencollaboratingthroughaLocal GovernmentPartnershiptoidentifyuniqueopportunitiestomaximizeenergyefficiencybyleveraging municipalpolicies,programs,andservices.Asaresult,theLocalGovernmentPartnershiphas helpedtoreducetheamountofenergyconsumedbymunicipalbuildingsaswellasthebroader ChulaVistacommunity.Inadditiontoloweringmonthlyutilitycosts,theseenergysavingscontribute toloweringChulaVista’sgreenhousegasemissions,reducingdemandforlocalpowergeneration, andimprovingairquality.TheproposedLocalGovernmentPartnershipagreementwouldprovide $1,563,585 annually through December 2020. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityqualifiesfora Class8categoricalexemptionpursuanttoSection15308\[ActionsbyRegulatoryAgenciesfor ProtectionoftheEnvironment\]oftheStateCEQAGuidelinesbecausetheproposedactionswill resultintheimplementationofenergyefficiencyprogramsthataredesignedtoimprovelocalair quality and reduce greenhouse gas emissions. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION In2006,theCityandSanDiegoGas&Electric(SDG&E)begancollaboratingthroughaLocal GovernmentPartnership(LGP)toidentifyuniqueopportunitiestoleveragemunicipalpolicies, programs,andservicestomaximizeenergyefficiencyinChulaVista.TheLGPhassincematured intoacomprehensiveandhighly-effectiveinitiative,whichhasbeenrecognizedstatewideasamodel forsuccessfulcollaboration.Thefundingisprovidedthrough“PublicPurposeProgram”charges embeddedwithinutilityratesasauthorizedbytheCaliforniaPublicUtilitiesCommission.Thefunds areusedtoreducetheamountofkilowatt-hours(electricity)andtherms(gas)consumedby municipalbuildingsaswellasthebroaderChulaVistacommunity,especiallysectorswhich historically have not fully participated or are not eligible for existing energy incentive programs. TheChulaVista/SDG&ELocalGovernmentPartnershipalignswiththeCouncil-adoptedChulaVista EnergyStrategy&ActionPlan(2001),whichprioritizedenergymanagementoptionstoaddress City of Chula VistaPage 1 of 3Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 67 File#:15-0561, Item#: 3. citywidedemandandsupply,andtheChulaVistaMunicipalBuildingEnergyEfficiencyPolicy(2005), whichrequirestheincorporationofenergy-conservingmeasuresintoCityfacilities.Inadditionto loweringenergyuseandcosts,theLGPcontributestoloweringChulaVista’sgreenhousegas emissions, reducing demand for local power generation, and improving air quality. Overthenextyear,theLocalGovernmentPartnershipwillallowtheCitytoidentifyandimplement energyimprovementsatmunicipalfacilitiesincludingexploringLEEDcertificationforaCity-owned building.Inthecommunity,thefundingwillsupportenergyefficiencyeducationandno-costservices forresidentsandbusinessesthroughtheFreeResource&EnergyBusinessEvaluations(FREBE), HomeUpgradeCarbonDowngrade,LibraryEnergyLounge,andRecreationEmpowerHour programs.Inaddition,theCitywillbeabletoprovideno-costtechnicalassistancetocontractorsand developerstohelpthemcomplywithstateandlocalenergycodesandaccessavailableenergy efficiencyrebates.Furthermore,theLGPfundingwillallowtheCitytofurtherdeveloptheClimate Change Working Group’s energy-related recommendations for future City Council consideration. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyother fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoods,andaConnectedCommunity.TheLocal GovernmentPartnershipdirectlysupportstheHealthyCommunitygoalbecauseitseekstoreduce demandforpowergeneration,thushelpingtoimprovelocalairquality.TheLocalGovernment Partnershipwillalsoresultinlowerlong-termutilityuseandcostsatmunicipalfacilitiesand throughout the community. CURRENT YEAR FISCAL IMPACT The$1,563,585appropriationwillsupportcontinuedimplementationoftheChulaVista/SDG&ELocal GovernmentPartnershipprogramthroughcalendaryear2016.Thefunds,whichwillbeappropriated totheEnergyConservationFund,willbeusedtosupportCitystafftimeandprogramcostsfor developingandimplementingenergyefficiencyprogramsatmunicipalfacilities(non-capital expendituresonly)andinthecommunity.ForFiscalYear2016,staffwillbeappropriating$192,407 tothePersonnelServicescategory,$646,880totheServicesandSuppliescategory,and$724,298 to the Other Expenses category of the Energy Conservation Fund to be offset by grant revenue. ONGOING FISCAL IMPACT TheproposedLocalGovernmentPartnershipagreementwouldprovide$1,563,585annually ($7,817,925total)throughDecember2020.ThesefundswillfullysupportCitystafftimeand programcostsassociatedwithdevelopingandimplementingidentifiedenergyefficiency-related programs.TheMunicipalEnergyEfficiencyImprovementscomponentwillproducelong-termannual energycostsavingsfortheCity’sGeneralFundandhelpminimizetheimpactoffutureutilityrate City of Chula VistaPage 2 of 3Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 68 File#:15-0561, Item#: 3. increases.Theprogramalsohelpslocalbusinessesandresidentsreducetheirmonthlyutilitycosts and redirect those financial resources to support local purchases and job creation. ATTACHMENTS Attachment 1 - 2016-2020 Local Government Partnership Agreement Exhibit A - 2016 Local Government Partnership Scope of Work Staff Contact: Robert Beamon, Administrative Services Manager City of Chula VistaPage 3 of 3Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 69 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A 5-YEAR LOCAL GOVERNMENT PARTNERSHIP AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO PROVIDE ENERGY EFFICIENCY PROGRAMS AND APPROPRIATING $1,563,585 TO THE ENERGY CONSERVATION FUND (4/5 VOTE REQUIRED) WHEREAS, the Local Government Partnership between the City of Chula Vista and San Diego Gas & Electric (SDG&E) supports energy efficiency services to local residents, businesses, and City operations that reduce theamount of electricity and natural gas consumed and lower monthly utility costs; and WHEREAS, since 2006, the City of Chula Vista and San Diego Gas & Electric (SDG&E), under the auspices of the California Public Utilities Commission, have been collaborating in the implementation of a Local Government Partnership program; and WHEREAS, the program is designed to reduce the amount of kilowatt-hours (electricity) and therms (gas) consumed by the Chula Vista community, especially sectors which historically have not fully participated or are not eligible for existing energy incentive programs; and WHEREAS, targeted sectors include low-income residents, small businesses, contractors, permit applicants, and developers. The funding is provided through a “Public Goods Charge” which is a monthly utility bill surcharge on energy consumed by every customer in SDG&E’s territory; and WHEREAS, the proposed LGP Agreement will provide $1,563,585 in additional funding ($7,817,925total); and WHEREAS, the additionalfunding would support the goals outlined in the Chula Vista Energy Strategy & Action Plan (2001) and Chula Vista Municipal Building Energy Efficiency Policy (2005), as well as help the City further explore the energy-related recommendations recently presented by the Climate Change Working Group. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: (1)Approves theAgreement to Jointly Deliver the City of Chula Vista Energy Efficiency and Conservation Partnership Program,” in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which is on file in the office of the City Clerk; and ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 70 Resolution No. Page 2 (2)Authorizes and directs the Mayor to execute the agreement and all other documents necessary to implement the agreement; and (3)Approves a revenue-offset appropriation of $192,407to the Personnel Services category, $646,880to the Services and Supplies category, and $724,298to the Other Expenses categoryof the Energy Conservation Fund forFiscal Year 2016. Presented byApproved as to form by ______________________________________________________ Richard A. HopkinsGlen R. Googins Director, Public Works City Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 71 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY'SIGNED UPON APPROVAL BY THE CITY COUNCIL } Gl e n. Googins City Attomoy ......... ........ . ............. Dated. AGREEMENT TO JOINTLY DELIVER THE 2016 -2020 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP PROGRAM BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO GAS &ELECTRIC COMPANY AGREEMENT TO JOINTLY DELIVER THE o -to o CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION PAR'T'NERSHIP PROGRAM BETWEEN CITY OF CA VISTA and SAN DIEGO CHAS & ELEC'T'RIC COMPANY Dated: This program is funded by California. utility customers and administered by San Diego Gas Electric Company under the auspices of the California Public Utilities Commission. 2016,2020 CITY OF CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT THIS AGREEMENT To JOINTLY DELIVER THE 2016-2020 CITY of CHL LA VISTA ENERGY EFFICIENCY AND CONSERVATION PARTNERSHIP PROGRAM is effective as of January 1, 201 ( "Effective Date") by and among SAN DIEGO GAS ELECTRIC COMPANY "SDG&E "), and THE CITY of CH LA VISTA (the "LGP" ). S G &L and the LGP may be referred to herein individually as a ",Party" and collectively as the "Parties . 51 I RMIN WHEREAS, California. Public Utilities Code Sections 454.55 and 454.56 require the California Public Utilities Commission (the "Commission , in consultation with the California Energy Concession, to identify potentially achievable cost - effective electricity and natural gas efficiency y savings and establish efficiency targets for electrical or gas corporations to achieve; WHEREAS, the Commission In D.12-11-015 01 approved a portfolio of energy efficiency programs anal. budgets to be implemented in 2013 and 2014 by SING &E (among others), including programs where local governmental entities partners with investor -owned utilities to deliver energy efficiency information and education to utility customers; WHEREAS, SDG&E submitted applications for the implementation of energy efficiency programs for the 2013 and 2014, which included the 2016-2020 City of Chula vista Energy Efficiency and Conservation Partnership Program (hereinafter referred to as the "Program"), involving the delivery of energy efficiency funding, incentives, information, training and materials to City, its residents, developers, and Sotb Bay cities in SING &E's service territory; WHEREAS, in Decision . I . 14-10-046 (issued In connection. with Rule .al ing R.. 13- 11 -00 , the Co =fission directed the continuation through 2015 of the energy efficiency portfolios that had been approved for 2013 -2014 and to establish funding and savings goals for such energy efficiency portfolios; WHEREAS, on February 24, 2015, .the Commission issued a ruling and scoping memo establishing Phase II of R.13 -11 -005, which included providing guidance on changes and savings goals for 2016 portfolios and beyond; WHEREAS, the Parties desire to eater into an agreement to set forth the terms and conditions under which the Program shall be implemented for the 2016-2020 program years, before a final decision from the Commission is issued in respect of S G &E's energy efficiency portfolios for 2016 and beyond. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. DEFINITIONS NS 1.1. "Agree n.e f' means this document and all exhibits attached hereto and incorporated herein, and as amended .ded from time to time. 2 2016-2020 CITY OF CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 1. 2. "Annual Authorized Budget" has the meaning g set forth in Section 6. L 1.3. `Applicable Laws" has the meaning set forth in Section 3.4.1. 1.4. "Authorized Budgets'' has the meaning set forth in Section 6. 1. 1.5. `Authorized Work"' means the wor1c for the facilitation and implementation of the Program and its objectives as described in the Scope of Work. 1.6. "Billing Quarter" has the meaning set forth in Section 6.2. 1 1.7. "Business Day" means the period from one rnfdr ght to the following midnight, excluding Saturdays, Sundays, and holidays. "Calendar ay" means the period from one midnight to the following midnight, including Saturdays, Sundays, and holidays. Unless otherwise specified, all days in this Agreement are Calendar Days. 1.9. "Comr ission7' has the meaning set forth in the Recitals. 1.10. "Confidential Customer Information" has the meaning set forth in Section 11.2. 1.11. `Contractor" means are entity contracting directly or indirectly with the LGP, or any subcontractor thereof subcontracting with such entity, to furnish services or materials as part of or directly - related to the LGP's Authorized Work obligations. 1. 12. " e clopmeDts" has the meaning sot forth in Section 8. L1 . "Effective ective Date" has the meaning sot forth in the Preamble. 1.14. "Electric Procurement Funds"' are electric procurement funds that must fund energy efficiency programs that benefit electric customers within are IOU's service territory, as adopted by the Commission. Electric procurement funds replaced the public goods charge PC on electricity bills. .1 "Eligible Customers" means those SDG&E customers eligible for Program services, consistent with the requirements of this Agreement. 1.16. `Force Mai eure Evenf ' has the meaning set forth in Section 24. 1.17. "Gas Public Purpose Program (PPP) Surcharge" means those funds collected from gas utility ratepayers pursuant to Section 890 et al. of the California Public Utilities Code for public purposes programs, including energy efficiency programs approved by the Con nissio , 3 2016 -2020 CITY of CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 1.1 . "Implementation Plan" means the then most recent implementation plan for the Program submitted by SDG&E to the Commission (including, if applicable, Program Implementation Plans or PlPs ) in support of the implementation strategies to be utilized by SDG&E to achieve the Co nnission's energy efficiency goals (and the Commission's broader energy efficiency strategy), as such implementation plan may be revised from time to time, 1.19. "L G " means the City of Chuda Vista, and its successors and assigns, 1.20. "D -P Indemnitees" has the meaning set forth in Section 7.2. 1.21. "Dosses" has the meaning set forth in Section 7.1. 1.22. "Milestone Schedule" means the schedule for the performance of the Authorized Work- as set forth i Exhibit C hereto a nd incorporate d herein by reference. 1,23. 44P VV or "Parties" has the meaning set forth in the Preamble. 1.24. "Program"' has the meaning set forth in the Recitals. 1.25. "Progrann Expenditures" meads actual i.e., no mark-up p for profit), reasonable expenditures of a type listed In the Allowable Cost Table set forth in Exhibit B that are identifiable and required for the performance of Authorized Work, provided that such expenditures may be reimbursable by SDG&E with Electric Procurement Funds or Jas PPP Surcharge funds, 1.26. "Program Year" means January I through December 31 of each calendar year during the Term. 1.27. "Public Goods Charge's or "P C" means the previous method of collecting funds collected from electric utility ratepayers pursuant to Section 381 of the California Public Utilities Code for public purposes programs, including energy efficiency programs approved by the Commission. Unspent PGC funds may be used to fund current energy efficiency programs, 1.28. "Scope of Wort" micas the scope of work attached hereto as Exhibit A and incorporated herein by reference. 1.29. "S x& " means the San Diego Jas & Electric Company, as its successors and assigns, 1.30. "SDG&E Ind.emni.tee" has the meaning set forth in Section 7.1. 1.31. "Term" has the meaning set forth in Section 3.2. 1.32. "Total Authorized Budget "' has the meaning set forth in Section 6.1. 4 2016 -2020 CITE' of CHU A VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT In addition, all terms used in the singular will be deemed to include the plural, and vice versa. The words "herein,�5 "hereto.." and "hereunder" and words of similar import refer to this Agreement as a whole, including all exhibits or other attachments to this Agreement, as the same may from time to time be amended or supplemented, and not to any particular subdivision Contained in this Agreement, except as the context clearly requires otherwise. "Includes" or {including" when used herein is not intended to be exclusive, or to limit the generality of the preceding words, and means "including without limitation." The word "or" is not exclusive. 2. PURPOSE The Program is funded by California utility ratepayers and is administered by SDG&E under the auspices of the Commission. The pm-pose of this Agreement is to set forth the terms and conditions under which the Parties will jointly implement the Program. The Program and work authorized pursuant to this Agreement is not to -be performed for profit. The objectives of the Program are: The 2016 -2020 SDG&E /Chula vista Energy Efficiency Partnership's goal is to create innovative approaches to improving connnunity and municipal energy efficiency and achieving both direct and indirect energy savings. The Partnership will combine and leverage the resources of four City departments to deliver cost-effective, holistic opportunities for promoting energy efficiency within the co=unity. The Program components include municipal facility efficiency improvements, strengthened building energy codes and inspections, energy - saving redevelopment planning and design and community-based energy conservation education and facility assessments. The Program will mainly serve City of Chula vista residents and businesses estimated at 225,000 and 13,000, respectively. It is also antieipted that the Program may partially serve neighboring Connmun i ies and further act as a program model for .other South Bay cities' future inv lvement in SING& Energy Efficiency Partnerships. This Agreement is not intended to and does not form any `partnership" within the meaning of the California UM*fonn Partnership Act of 1 994 or otherwise. 3. OBLIGATIONS of THE LGP 3.1. Authorized Work. The LOP shall perfonn the Authorized work- obligations within the Authorized dget and in conformance with the Implementation Plan, the Scope of Work, the Milestone Schedule and the Authorized Budgets, and shall furnish the required labor, equipment and material VAth the degree of skill and Care that is required by current professional standards. 3.2. Terra. The Authorized Work shall be performed over program Years 2016 -2020 ("Term"'). Unless this Agreement is terminated pursuant to Section 18 below or any other provision of this Agreement, or otherwise by the mutual agreement of the Parties or order of the Commission or otherwise by operation of law, and subject to the Milestone 2016 -2020 C1 TY of CH ULA V1STA EFF1 CIEN C AND C 0 NSE RVATION PART N RSHIP AGREEMENT Schedule, the LGP shall complete all Program activities (other than the submission of final invoices pursuant to Section 6.2. 1) by no later than December 3 1, 2 02 0. 3.3. Goals. The LGP shall cause the Program to achieve the ob0ectives and goals set forth for the Program in this Agreement, the Scope of Work and the Implementation Plan. 3.4. ranee. 3.4.1. A pl cable Laws. The LGP shall perforn the Authorized Work in compliance with all applicable laws, ordinances, rules, decisions, codes, regulations, and orders of any governmental agency, commission (including the Commission), court or other legally-constituted authority having jurisdiction or authority of the LGP, the Program or the performance of the Authorized Work, as In effect from time to time, including a .y strategic plan, business play., or budget promulgated or approved by the Commission from time to time that is applicable to the Progara. (collectively, "Applicable Laws"). 3.4.2. Intellectual Property Infringement. , The Authorized Work performed by the LGP and its Contractors shall be free of any claim of trade secret, trade mark, trade name, copyright, or patent infringement or other violations of any proprietary rights of any person. 3.4.3. Equal Opportunity. S G &E is are equal employment opportunity employer and is a federal contractor. Consequently, the LGP agrees, to the extent applicable, to comply with Executive Order 11246, the Vietnam Era veterans Readjustment ,t Assistance Act of 1974 and Section 503 of the Vocational Rehabilitation Act of 1973 and also agrees that these laws are incorporated herein by this reference. The LGP also agrees to comply with the provisions of Executive Order 13496 relating to the notice of employee Frights under federal labor laws. 3.5. Contractors. The LGP shall obtain SDG&E's written consent prior to retaining or using any Contractor to perform any of the Authorized Wort; provided, however, S x &E's consent shall not be required for the LGP to retain. or use contractors or subcontractors to perform direct implemetation of energy efficiency measures at the LGP's facilities, The LGP shall be responsible at all times for the acts and omissions of all such Contractors, as well as any other persons performing the Authorized Work on the LGP's behalf, and shall contractually require each Contractor to indemnify SING &E to the same extent the LGP has indemnified SDG&E under the terms and conditions of this Agreement. The LGP shall cause its Contractors to a retain all records and documents pertaining to its Authorized Work obligations for a period of not less than ten (1 0) years beyond the end of the Term or earlier expiration of this Agreement, and b provide SING &E, during the Term, reasonable access to relevant records and staff of Contractors concerning the Authorized ed LTorl . The LGP shall require its Contractor to obtain and maintain in good standing throughout the performance of the Authorized Work, to the C 2016 --2020 CITY of CH LA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT extent necessary, all licenses and permi 4. OBLIGATIONS OF SDG& 4.1. Informational Materials. SDG&E shall provide, at no cost to the Program, informational and educational materials on SDG &'s statewide and local energy efficiency programs to the LGP to the extent reasonably necessary to enable- the LGP to implement the Program. 4.2. Program Representative. SDG&E shall provide a program representati 5.3. Coordinating the Program Activities. Each Party shall be responsible for a coordinating the implementation of its Authorized Work obligations with the other Party, and b monitoring the overall progress of the Authorized Wort, to ensure that the Program remains on target, (including achieving the Program's energy savings and demand reduction goals), on schedule (including pursuant to the Milestone Schedule), and meets all reporting and other filing requirements. 5.4.. Coordinating with Other Energy Efficiency. Programs. As applicable, SDG& shall coordinate with other existing or selected programs (including programs targeting low - income customers) to enhance consistency In incentives and other Program details, minimize duplicative administrative costs and enhance the possibility that programs .can be marketed together to avoid duplicative marl eting expenditures. Both Parties will coordinate with other energy programs to maximize customer satisfaction and energy savings. 5.5. Non - Responsibility_ for Other Parties. Notwithstanding anything contained in this Agreement in the contrary, a Party shall not be responsible for the performance or non- - performance hereunder of any other Party,, nor be obligated to remedy any other y' defaults or defective performance. 5.6. Progr ann Expenditures. The LGP shall seek reimbursement for any Program Expenditures in excess of the applicable Authorized Budget unless such applicable Authorized Budget is amended by the written agreement of bow Parties. 5.7. Reporting Requirements. SDG&E shall comply with the reporting requirements set forth by the Conunission in the Commission's `Energy Efficiency Policy Manual, Version 5 (duly 2013)"', as such requirements may be formally updated or modified by the Commission from time to time. 5.8. Information .e uest. The LGP shall provide and otherwise make available to SD & and /oar the Commission any and all such information requested by SDG&E or the Commission as each may reasonably request from time to time in connection with the Program, the LGP's activities in connection with the Programs., and/or the Program Expenditures incurred by the LGP, including information as may be required by the Conunission to conduct evaluation, measurement and verification for the Program and information that is required to be reported by SDG&E pursuant to its reporting requirements set forth in Section 5.7 above. 6. PAYMENTS 6.1. Authorized Budget. As of the Effective Date, the total budget for performance of the Authorized Work, over the Term is $7,817,925 (the "Total Authorized Budget"), and the budget for performance of the Authorised Work over each Program Year of the Fern is $1,563,585 (each, an "'annual Authorized Budget ", and together with the Total 9 2016 #2020 CITY of CHULA VISTA EFFICIENCY N CONSERVATION PARTNERSHIP AGREEMENT Authorized Budget, collectively, the "Authorized Budgets'). Any or all of the Authorized Budgets shall be subject to revision, increase or reductions from time to time as set forth in Section 6.3 below. 6.2. Program Expenditures. During the Tern, the LGP shall be entitled to reimbursement for Program Expenditures, up to the applicable Authorized Budget, in accordance with the following invoicing and payment procedure: 6.2.1. Invoices. For each quarter of the Tenn that the LGP performs Authorized Work the "Billing Quarter"), the LGP shall provide an invoice for the reimbursement of the reported Program. Expenditures, in a format acceptable to SDG& , no later than the tenth 1 h Calendar Day of the calendar month following the Billing Quarter (except for the final Billing Quarter of the Tern, in which case the invoice for such final BxllI .g Quarter shall be provided no later than three 3 months after the end of the Tern.). Each such invoice shall include a reference to this Agreement number (5660044515) and all documentation reasonably necessary to substantiate such Program Expenditures, including; (a) Labor: For each of the Program's budget categories applicable to the LGP e.g. Direct Implementation), a list of individuals and total hours worked and labor rate(s) for each person during the Billing Quarter in each budget category, as well as a description of the activities undertaken by each such person during the Billing Quarter. (b) Equipment and Material: A list of equipment and material used and/or installed in the performance of the Authorized Work during the Billing Quarter, and supporting documentation for the cost incurred by the LGP therewith, (c) Ov The overhead percentage calculated each fiscal year by the LGP's Auditor and Comptroller is deemed proper and appropriate to collect for overhead charges incurred during the Billing Quarter in support of the LGP's staff and shall be applied to loaded labor. The rates change each July 1. (d) While original receipts need not be submitted, a detailed expense report for all travel expenses should be provided, which includes airfare, mileage, meals, lodging, parking, etc, in the format approved by SING& ; A detailed travel expense report should include the following information: name of person incurring expense, reason for expense, date(s) incurred and type of expense e.g. airfare, airport parking, rental car, other garbing, mileage, meals, hotel, other costs, if any). 10 2016 -2020 CITY OF CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT (e) Contractor Cos t : Copies of all Contractor invoices for Authorized Work, performed during the Billing Quarter, which Contractor invoices shall include a description of the activities undertaken by the Contractor during the Billing Quarter. If only a portion of the Contractor costs applies to the Program, the LGP shall clearly indicate the lire items or percentage of the invoice amount that should be applied to the Program. (f) .marketing: A copy of each distinct marketing material produced, with quantity of a given marketing material produced, the method of distribution, and invoices for the cost of producing such marketing material. LGP's invoices shall be sent to the following SDG&E address: San Diego Gas & Electric Company Attn: Tiphgnyie Low 8335 Century Park Court, CP 1 2C San Diego, California 92123 E-mail: sdgelgpgsemprautilifies. com With a copy to the applicable SDG&E program advisor for the Program. 6.2.2. Rejection of Invoice. SDG&E reserves the right to reject any invoiced amount of Program Expenditures for any of the following reasons: (a) The invoiced atnount, when aggregated with previous Program Expenditures, exceeds the amount budgeted therefore in any of the Authorized Budgets or any line item for such Program Expenditure in any such Authorized Budgets; (b) Such invoiced amount aloes not qualify as a Programs. Expenditure as set forth in the definition of "Program Expenditure" under this (c) The invoice for such Program Expenditure does not include sufficient or adequate documentation necessary to substantiate such Program Expenditure, as reasonably determined by SING& ; or (d) The invoice for such Program Expenditure does not adequately reference this Agreement number (5660044515). it 2016 --2020 CITY of CHULA. VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT Should SDG&E reject any LGP invoice or Program Expenditure, SDG& may request such additional performance required from the LGP, modification i ati required to the LGP's invoice or such offer action as may e required of the LGP, and any continuing dispute therefore shall be resolved in accordance with the procedures set forth in Section 9. 6.2.3. Pa m nt. SDG&E shall male payment of the undisputed portion of an invoice for Program Expenditures no later than thirty Calendar Days following receipt of such invoice. Payment shall be made by cheep or cash to the following address: City of Chula. Vista 276 Fourth A -venue Chula Vista, CA 919 10 6.2.4. Record - Keeping. The LGP shall maintain for a period of not less than five (5) years all documentation reasonably necessary to substantiate all Program Expenditures. The LGP shall promptly provide, upon the reasonable request by SING &E, any documentation, records or information in connection with any Program Expenditure incurred by the LGP. 6.3. Modification ation o Authorized Buds. To the maximum extent permitted by Applicable Law, SDG &E shall have the right to modify, reduce or increase any or all of, or any portion of, the Authorized Budgets at any tine, at its sole reasonable discretion, which reasonable discretion shall include a reductions due to excess Program. Expenditures incurred during previous Program Years, b carrying over unused Program funds during a Program Year to the Annual Authorized Budget of the following Program Year, c shifting Program funds among budget categories e.g. Administrative and Direct Implementation within an Authorized Budget, d shifting Program funds to or from another energy efficiency program, and e reductions due to either the unavailability of funds or the LGP obtaining a different funding source for all or any portion of the Program. 6.4. Unused Program Funds. The LGP shall not he entitled to Program funds that are unused at the end of the Term. 6.. Refund of Electric Procurement Funds, 'GC ardor Gas PPP Surcharge Funds. With respect to any Program Expenditure paid or credited to the LGP that is subject to refund to the Commission pursuant to any subsequent Commission decision or ruling e.g. as a result of a determination that such Program Expenditure was an overpayment or was otherwise unreasonable), should the Commission determine that a refund is due and seeps to recover such refnd, the mount due shall be refunded by the LGP to SDI- &E, within 30 Calendar Days of receipt of written notice that the refund is owed, or alternatively, SING &E may offset the an punt clue from other Program Expenditures due and payable to the LGP. Nothing in this provision is intended to limit a Party's right to pursue administrative or other remedies available with respect to a Commission decision 12 2016 -2020 CITY of CHULA VIS'T`A. EFFI CIE NC AND C ONSEIRVATI ON PARTNER S IP AGREEMENT NT or ruling. SD &E's approval of any action whi related to energy e fficiency and the LGP shall retain complete ownership o any and all capital improvements undertaken en i its buildings, facilities, and real property. Although the LGP shall retain no ownership, interest or title in the Developments (except as may otherwise be provided in the Scope of Work), SDG&E hereby grants the LGP a permanent, royalty free, non-- exclusive license to use such Developments. 9. DISPUTE RESOLUTION 9.1. Dispute Resolution. Except as may otherwise be set forth expressly herein, all disputes arising under this Agreement shall be resolved as set forth in this Section 9. 9.2. Negotiation and Mediation. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the Parties' authorized representatives. The disputing Party shall give the other Parties written notice of any dispute. Within twenty 2 days after delivery of such notice, the authorized representatives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the matter has not been resolved within thirty o days of the first meeting, any Party may initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to all Parties and shall conclude within sixty days of its commencement., unless the Parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the Parties shall eater into a written agreement for the mediation services with each Party paying a pro rata share of the mediator's fee, if any. The mediation shall be conducted in accordance with the Commercial Mediation Mules of the American Arbitration Association; provided, however, that no consequential damages shall be awarded in any such proceeding and each Party shall hear its own legal fees and expenses. 9.3. Confidenti it , - All negotiations and any mediation conducted pursuant to Section 9.2 shall he confidential and shall be treated as compromise and settlement negotiations, to which Section 1152 of the California. Evidence Code shall apply, which Section is incorporated in this Agreement by reference. 9.4. Injunctive Relief Notwithstanding ft foregoing provisions, a Party may seek a preliminary injunction or other provisional judicial remedy if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo. 9.5. Continuing ga i . Each Party shall continue t o perform its obligations under this Agreement pending final resolution of any dispute arising out of or relating to this Agreement. 9.. Failure of Mediation. If, a.er good faith efforts to mediate a dispute under the teas of this Agreement as provided in Section 9.2 above, the Parties cannot agree to a resolution of the dispute, any Party may pursue whatever legal remedies may be available to it at lave or in equity, before a court of competent jurisdiction and with venue as provided in Section 26. 14 2016 -2020 CITY of CHULA V1S A EFF1 CIE N CY AND C ONSERVATI 0N PARTNER SHI P AGREEMENT I o. INSURANCE 1 .1. Coverage Amounts. The LGP will maintain, and shall require its Contractors to maintain, the following insurance coverage or self-insurance coverage, at all times during the Tema of this Agreement: (a) Workers' Compensation and Employers' Liability: statutory minimum. (b) Commercial General Liability: $1 million minimum. (c) Commercial or Business Auto if applicable): 1 million minimum. (d) Professional Liability if applicable): $1 million minimum. 10.2. Evidence of Insurance. Upon request at any time during the Terra of this Agreement, the LGP shall provide evidence that its insurance policies (and the insurance policies of any Contractor, as provided in Section 10.1) are it fall force and effect and provide the coverage and limits of insurance that the LGP is obligated under this Agreement to maintain at all tines during the Term. 10.3. Self- Insuranc . If the LGP is self - insured, the LGP shall upon request forward documentation to SI CK &E that demonstrates to SING& 's satisfaction that the LGP self" insures as a matter of normal business practice within 30 days of execution of this Agreement. SDG&E will accept reasonable proof of self-insurance comparable to the above requirements. 11. CUSTOMER CONFIDENTIALITY REQUIREMENTS I L. Non- Disclosure. The LGP shall not disclose any Confidential Customer Information (defined belo to any third party during the Term of this Agreement or aster its completion, without the LGP having obtained the prior written consent of S G &L, except as provided by law, lawful court order or subpoena so long as the LGP gives SDG&E advance written notice of such order or subpoena. Without limiting the foregoing, the LGP agrees to use at least the same degree of care the LGP uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Customer Information.. The LCTP shall cause each of its directors, officers, employees, agents, representatives, Contractors subcontractors and suppliers working on the Program to become familiar with, and abide by, the sarne obligations of the LGP under this Section 11. 11.2. Confidential Customer Information. "Confidential Customer Information" means infonnation regarding any SDG&E customer, including an SDG&E customer's name, address, telephone number, account number and all billing and usage information, whether such information is marked ed confidential or not. If the LGP is uncertain whether 1 2016 -2020 CITY OF CHULA VISTA EFFICIENCY AND C 0 NSE RVATI ON PART NER SHIP AGREEMENT any inforrnation should be considered Confidential Customer Information, the LGP shall contact SDG&E prior to disclosing the information. 11.3. Non - isclosure Agreement. Prior to any approved disclosure of Confidential Customer Information, SDG&E may require the LGP to eater into an additional nondisclosure agreement. 11.4. Commis i n. Proceedings. This Section 1 I does not prohibit the LGP from disclosing non-confidential information concerning the Authorized Work to the Commission in any Commission proceeding, or any Commission - sanctioned meeting or proceeding or other public forum. 11.5. Return of Confidential Information. Confidential Customer Information (including all copies, bacl ups and abstracts thereof) provided to the LGP by SDG& , and any and all documents and materials containing such Confidential Customer Information or produced by the LGP based on such Confidential Customer Information (including all copies, backups and abstracts thereof), during the performance of this Agreement shall be returned upon written request by SDG& . 11.6. Survival. Notwithstanding the return or destruction of all or any part of the Confidential Customer Information, the confidentiality provisions set forth in this Agreement shall nevertheless remain in full force and effect in perpetuity. Moreover, the LGP represents, warrants, and covenants on behalf of itself and its Contractors, that security procedures and practices appropriate to the nature of the Confidential Customer Information involved are in place on the Effective Date of this Agreement and will be used at all tines during the term of this Agreement to protect the Customer Confidential Information from unauthorized access, destruction, use, modification, or disclosure. 1. L7. Remedies. The Parties acknowledge that Confidential Customer Information is valuable and unique, and that damages would be an inadequate remedy for breach of this Section 11 and the obligations of the LGP are specifically enforceable. Accordingly, the Parties agree that in the event of a breach or threatened breach of this Section 11 by the LGP, SDG&E shall be entitled to seek and obtain an injunction preventing such breach, without the necessity of proving damages or posting any bond. Any such relief shall be in addition to, and not in lieu of, money damages or any other available legal or equitable remedy, 11.8. Public Records Act. Notwithstanding the foregoing, to the extent applicable to the LGP, all information provided to the LOP may be subject to public review pursuant to the California Public Records Act (California Govermnent Code Section 6250 et seq.), which provides that records in the custody of a public entity be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. As a result, the LGP may be obligated to disclose any information provided to the LGP to any party that requests it to the extent required under the California Public Records Act; provided, however, the LGP agrees to 1 2016 -2020 CITY of CHULA VISTA EFFICIENCY AND CONSE VA `ION PARTNER SHIP AGREEMENT use its best efforts to seek the confidential protection of Confidential Customer Information to the maximum extent permitted under the California Public Records Act. 12. TIME IS of THE ESSENCE The Parties hereby acicnowledge that time is of the essence in performing their obligations under the Agreement. Failure to comply with deadlines stated in this Agreement may result In termination of this Agreement, payments being withheld or other Program modifications as directed by the Commission. 1. CUSTOMER COMPLAINT T R SOL TI N PROCESS The LGP shall develop and implement a process for the management and resolution of customer complaints in an expedited manner including, but not limited to: a enuring adequate levels of professional customer service staff; direct access of customer complaints to supervisory and/or management personnel; (c) documenting each :cu tomer complaint upon receipt; and d elevating any complaint that is not resolved within five 5 days of receipt by the LGP. 14. RESTRICTIONS ON MARKETING 1 .1. Use of Commissions Name. No Party may use the name of the Commission on marketing materials for the Program without prior written approval from the Concision staff. In order to obtain this written approval, SING &E must send a copy of the planned materials to the Con-mission requesting approval to use the Commission name and/or logo. Notwithstanding the foregoing, the Parties shall disclose their source of funding for the Program by stating prominently on marketing materials that the Program is `funded by California utility customers and administered by San Diego Gas & Electric Company under the auspices of the California. Public Utilities Conuni sion." 14.2. Use of SING &E's Names. The LGP must receive prior review and written approval from S G &E for the use of SING &E's name or logo on any mark eting or other Program materials. The LGP shall allow at least twenty 2 days for SING &E's review and approval. 14.3. Lase of the LGP's Name. SDG&E must receive prior written approval from the LGP for use of the LOP's name or logo on any marketing or other Program. materials. SING &E shall allow at least twenty 2) days for the LGP' s review and approval. . 15. R GI T To AUDIT The LGP agrees that SING &E and/or the Commission, or their respective designated representatives, shall have the right to review and to copy any records or supporting documentation pertaining to the LGP"s performance of this Agreement or the Authorized Work, during normal business hours and upon reasonable notice to the LGP, and to allow reasonable access in order to interview any employees of the LGP or its Contractors who night reasonably 17 2016 -2020 CITY of CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT have information related to such records. Further, the LGP agrees to include a similar right of SDG&E and/or the Commission to audit records and interview staff in any contract of its Contractor related to performance of the LGP's Authorized Work or this Agreement. 16. STOP WORK PROCEDURES SDG&E may suspend the Authorized Work being for good cause, such as concerns related to funding, implementation or management of the Program, safety concerns, fraud, or excessive customer complaints, by notifying the LGP in writing to suspend its Authorized Work, being perforrned In SDG&E's service territory, in which case the LGP shall stop work immediately and may resume its Authorized Work only upon receiving written notice from SDG&E that it may resume its Authorized Wort. 17. MODIFICATIONS Changes to this Agreement shall only be made by mutual agreement of all Parties through a written amendment to this Agreement signed by all Parties. Notwithstanding the foregoing, this Agreement shall at all tines be subject to the discretion of the Commission, including, but not limited to, review and modifications, excusing a Party's performance hereunder, or termination as the Commission may direct from time to time in the reasonable exercise of its jurisdiction. In addition, in the evert that, in SING &E's reasonable opinion, any ruling, decision or other action by the Commission adversely impacts the Program or the Authorized Work, or otherwise causes this Agreement, the Program or the Authorized Work to be inconsistent with such Commission ruling, decision or action or SING &E's objectives for the Program, SDG&E shall have the right to modify the terms of this Agreement or otherwise terminate this Agreement by providing at least tern 10 days" prior written notice to the LGP setting forth the effective date of such termination or modification, so as to be consistent with such Commission ruling, decision or action. 1. TERMINATION 18.1. r� . nn n for Breach. Any Party may terminate this Agreement in the event of a material breach by the other Party of any of the material terms or conditions of this Agreement, provided such breach is not remedied withi and take action as directed by SDG &E to bring the Authorized Work to an orderly conclusion, and the Parties shall work cooperatively to facilitate the tcrnalnatlon of operations and any applicable le contracts for Authorized Wort-c. The LGP shall be entitled to payment for all Program Expenditures incurred or accrued for Authorized Work up to the effective date of such termination in accordance with the terms for the payment and invoicing of such Program Expenditures as set forth in iii Agreement, and such payment of Program Expenditures shall be the LGP's sole compensation resulting from any such termination of this Agreement. 19. WRITTEN NOTICES Any written notice, demand or request required or authorized in connection with this Agreement, shall be deemed properly given if delivered in person or sent by facsimile, nationally recognized overnight courier, or first class mail, postage prepaid, to the address specified below, or to another address specified in writing by a Party as follows: LGP: SDG &: City of Chula vista Conservation Section San Diego Gas & Electric Company 276 Fourth Avenue 8 3 3 5 Century Park, Court, CP 12 C Chula vista, CA 919 10 San Diego, California 92123 Notices shall he deemed received a if personally or hand - delivered, upon the date of delivery to the address of the person to receive such notice if delivered before :oo p.m., or otherwise on the Business Day following personal delivery; if mailed, three 3 Business Days after the date the notice is postmarked; c if by facsimile, upon electronic confirmation of transmission, followed by telephone notification of transmission by the noticing Party; or d if by overnight courier, on the Business Day following delivery to the overnight courier within the time limits set by that courier for next-day delivery. 2. RELATIONSHIP OF THE PARTIES The Parties shall act in an independent capacity and not as officers or employees or agents of each other. This Agreement is not intended to and does not form any "partnership" within the meaning of the California Uniform Partnership Act of 1994 or otherwise. 1. NON-DISCRIMINATION CLAUSE No Party shall unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious greed., national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over ), marital status, and denial of family care leave. Each Party shall ensure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment, and shall comply with the provisions of the Fair Employment and Dousing Act (government Code Section 12990 (a)-(f) et seq.) and the applicable regulations 19 2016 -2020 CITY OF CHULA VISTA EFFICIENCY AND C0NSERV TI ON PAR TNE R S IIP AGREEMENT promulgated thereunder (California Code of Regulations, Title 2, Section. 7285 et sect.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a)-(f), set forth i other terns, covenants, or conditions of this Agreement and their application shall not he affected thereby, but shall remain in full force and effect, unless a court, regulatory agency, or other regulatory body holds that the provisions are not separable from all other provisions of this Agreement. 26. GOVERNING LAW; VENUE This Agreement shall he interpreted, governed, and construed under the lags of the State of California as if executed and to be performed wholly within the State of California. Any action brought to enforce or interpret this Agreement shall be filed in San Diego County, Califomia. 2. SECTION HEADINGS Section headings appearing in this Agreement are for convenience only and shall not be construed as interpretations of text. 2. SURVIVAL Notwithstanding the expiration or termination of this Agreement, the Parties shall continue to be bound y the provisions of this Agreement which y their nature or tern�.s survive s c . completion or termination. Such provisions shall include, but are not united to, Sections 7, 9, 11, 15, 17, 19, 20, 221) 26, 28 and 29 of this Agreement. 29. TT RN YS' FEES Except as otherwise provided herein, in the event of any legal action or other proceeding between the Parties arising out of this Agreement or the transactions contemplated herein, each Party in such legal -action or proceeding shall hoar its own costs and expenses incurred therein, including reasonable attorneys' fees. 30. COOPERATION Each Party agrees to cooperate with the other Parties in whatever manner is reasonably required to facilitate the successful completion of this Agreement. 1. ENTIRE AGREEMENT This Agreement (including the Exhibits hereto) contains the entire agreement and understanding between the parties and merges and supersedes all prior agreements, representations and discussions pertaining to the subject natter of this Agreement. 21 2016 -2020 CITY of CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT 32. COUNTERPARTS. This Agreement may be executed in one or more counterparts,, each of hic shall be deemed to be an original, but all of which together shall be deemed to be one and the same instrument. (Signature page follows) 2016 -2020 CITY of CHULA VISTA EFFICIENCY AND C ONSERVATI ON PARTNERS IP AGREEMENT IN WITNESS WHEREOF,, the Parties hereto have caused this Agreement to be executed by their duly authofize'd representatives. LGP* THE CITY OF CA VISTA Mary Casillas Salas, Mayor Attest: Donna Norris, City Clerk- All Glen R. Googins, City Attorney SDG&E.' SAN DIEGO GAS & ELECTRIC COMPANY j y.:�'` � s... � 2 1 � I fit �+; .T an�e: enita' A. Willo gby' Title: Vice President, Supply Management & Logistics 23 2016-2020 CITY OF CHULA VISTA E FFI CIE N CY AND CONS .VATI ON PARTNER SHI P AGREEMENT 24 2016 -2020 CITY OF CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT EXHIBIT A CITY OF CHULA VISTA 2016 -2020 LOCAL GOVERNMENT PARTNERSHIP SCOPE OF WORK PROGRAM OVERVIEW a ram Title: China Vista Local Government Partnership b% Program Budget (5-Year).- $1,563,585 per year ($7,817,925 total) c1 Program Terra: January i, 2016 through December 31, 2020 d) Main Contact formatio • Lynn France, Environmental Services Manager Economic Development Department 276 Fourth Avenue Chula Vista, CA 91910 (619) 585 -5790 Office (619) 691 -5006 Fax PROGRAM CoNTPoNENT Municipal Energy Management CA-LTEESP SUPPORT The City's Municipal Energy Management component will support the following CA Long -Tear Energy ficiency Strategic Plan goals: 3. Local governments load by example with their own facilities. 5. Local government energy efficiency expertise becomes widespread and typical. S R]UPTION The SDG&E /Chula Vista Energy Efficiency Partnership will expand. the City's efforts to reduce muniei al energy use through facility retrofits nd upgrades. Chula Vista owns, leases, and/or operates over 90 buildings and structures totaling approximately ely . million square feet. Annually, the City's facilities consume are estimated 16.5 million W-h and 900,000 therms. Iu addition, the program will help train municipal facility managers on better energy management practices and will complement Chula. Vista's ongoing investments in renewable energy generation. 2016 -2020 CITY of CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT GOALS, OBJECTIVES, & DELIVERABLES 1. Develop integrated energy management strategies for major City buildings and facilities, a. Objective — As outlined in the new City Operations Sustalnabillty Plan, pursue retro- commissioning and green building certification for select municipal facilities to identify more efficient and sustainable operation practices. i, Deliverable — Continue to host LEED-EBOM training for City operations staff to expand in- -house capacity and knowledge. .performance Goal: At least 2 staff participating (can include other South Bay cities' staff) per year 1 o total). ii. Deliverable — Produce a summary report outlining the best practices that could improve the efficient operations of municipal buildings on a daily basis. Performance Goal: At least 2 best practices identified (within -ear period). f Pert an Goal: At least 1 building assessed for DEED -EBOM equivalency (within -year period). b. Objective — Determine the feasibility of leveraging the City's current water pumping management system to improve real time energy management capabilities. i. Deliverable — Produce a summary report outlining the applicability of the SCA A water pumping system to act as an energy management tool for municipal facilities. Performance Goal: t least 1 design schematic created for a pilot site (within 5 -year period). ii. Deliverable — Update Capital Improvement Project CIP bid requirements., as appropriate, to include the new energy management system specifications. Performance Goal: At least I specification sheet created (within -year period). 2. Reduce energy consumption at City buildings, facilities, and related infrastructure as part of the Department of erg,'s Better Buildings Challenge. a, Objective -R Coordinate the installation of energy efficient retrofit projects (such as HVA C, lighting, and VF Ds) at City buildings, facilities, and related infrastructure by using information obtained in section f above. i. Deliverable ----R Reduce building energy use through energy efficiency improvements and energy management efforts. b. obJ ective — Pursue current and emerging energy efficiency financing options to provide installation capital costs, which are not covered under existing incentive programs. Deliverable — Secure retrofit project financing, such as California Energy Commission loans, SG & On-Bill Financing, CSCA Sustainable Energy Bond Program (exact value dependent on 2 2016-2020 CITY of CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT identified retrofit project list) acrd /or other financing programs that may be available. Performance Goal: At least $1,000,000 in financing issued (includes PACE financing thr "Community Energy Conservation & Upgrade Outreach" component below) per year ($5,000,000 total). SDG&E PROVIDED DATA To assist in accomplishing the objectives listed above, San Diego Gas & Electric will electronically provide the City on a monthly basis) with energy data for Chula vista municipal accounts through energy waves and E3 data access tools, including Account Number Service Address • Energy Use • Energy Demand • Energy Costs • Total Costs TARGET AUDIENCE To include: Municipal facility managers and support staff SCHEDULE • Jan '16 - Dee '20 — Host a green building training for staff • Jan '16 - Dec '20 — Identify energy - related building O &M best practices • Jars '16 - Dec '2 — Secure financing & begin retrofit projects • Jan '16 - Dee '20 — Complete energy efficiency retrofit projects • Jan '16 —flee '16 - Complete the LEE +M Feasibility study • Jan '17 — Dee '17 - Evaluate certifying one or more City of Chula vista buildings with LEER +M Jan 18 — Dee ' 1 — Retrofit wastewater pumps, where feasible, to reduce energy usage Jan '19 — Dee '20 — Implement building automation and energy storage improvements to reduce peals demand and save energy 2016 -2020 CITY of CHU A VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT BUDGET . ...... . .. .... . ...... ..... . ... . ..... .. ... .... . ;::. mcipa nc�rgy arza enxen =... U "' dg''t .0Y............. Administrative Costs -� Marktgtreaeh Costs .. r Incentive/Rebate Costs .. Direct Implementation Costs $186,483 r r 100% $9323415 (total) $186,483 (per year) Total $932,415 (total) 100% PROGRAM COMPONENT Community Energy Conservation & Upgrade Outreach CA-LTEESP SUPPORT The City's Community Encrgy Conscrvation & Upgrade outreach component will support the following CA Bong -Term Energy Efficiency Strategic Plan goals: 4. Local governments lead their communities with innovative programs for energy eff mency, sustaInability, and climate change. 5. Local government energy efficiency expertise becomes widespread and typical. EXISTING BUILDINGS ENERGY EFFICIENCY ACTION PLAN SUPPORT The City's Community Energy Conservation & Upgrade outreach component will support the following goals included in the CA. Existing Building Energy Efficiency Action Plain: 1. Proactive and informed government leadership in energy efficiency. 2. Data drives informed decisions. 3. Building industry delivers innovation and performance. 4. Californians recognize and benefit from the value of efficiency upgrades, 5. Solutions are accessible and affordable for all Californians. DESCRIPTION The Co cununity Energy Upgrade & Conservation Outreach program is designed to complement San Diego Gas & Electric's residential and connercial energy efficiency programs by providing trained City staff to engage and educate Chula Vista businesses, residents, contractors areal other members that influence energy usage about energy - saving opportunities. City staff are able to play a unique role in delivering energy efficiency programs to their community, both because their more proximate relationship with citizens, and because they are able to leverage other municipal services /processes to maximize outreach effectiveness. 2016 -2020 CITY of CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP NERSHIP AGREEMENT GOALS, OBJECTIVES, & DELIVERABLES 1. Increase the business community's awareness about energy- saving opportunities and participation in available energy efficiency programs offered by S G& CP C. a: objective — Trained staff will perform free ors -site energy evaluations for Chula vista businesses through the City's successful Free Resource & Energy Business Evaluation F EBE program. City staff will provide participants with an integrated energy audit, an overview of applicable S.G &E direct install, incentive, and financing programs, and assistance completing incentive and/or on -Bill Financing applications. City staff will also, whenever possible, acquire the SDG&E account number of the facility being evaluated. i. ]deliverable — Develop energy and water evaluation reports for local businesses to generate and track immediate referrals for SDG&E core programs. Performonce Goal: At least 500 on -site business evaluations completed per year (2,500 total). ii. Deliverable — Survey participating businesses quarterly via online or mail to identify and better understand energy upgrade opportunities, SG &E program interest, and customer satisfaction. Performance Goal: At least % of respondents implementing at least I of the City's recommendations yearly (ongoing). b. Objective — As part of the business evaluations, City staff will specifically facilitate love -cost energy efficiency solutions and educate participants on new energy - saving technologies. i. Deliverable — Distribute "smarC' power strips or similar low cost energy - saving devices (limit one per business during one year cycle) to help demonstrate the benefits of simple energy upgrades to businesses. Performance Goal; At least 300 low cost energy- saving devices distributed per year (1,500 total) . ii. ]deliverable — Assist SDG&E in recruiting businesses into low cost, turkey energy solution programs, such as Direct Install and Programmable Communicating Thermostat (PCT) services. Performance Goal: At least Soo direct referrals seat to SING &E core programs per year (1,500 total) . c, Objective — Local businesses that are voluntarily incorporating energy efficiency and other sustainable practices into heir operations will be recognized through the Chula Vista CLEAN Business program. The program, which is co- sponsored by the Chula Vista Chamber of Commerce and the Third Avenue village Association, provides additional technical, marketing, and networking opportunities for these `early adopter" businesses (co-funded). Deliverable — organize networking events and/or campaigns to share 2016 -2021 CITY of CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT �. best practices and lesson learned among participants and to highlight newly available energy and sustainability programs. Performance Goal: At least 4 events or campaigns organized with at least o businesses participating total per year 20 events or 250 businesses total), 1i. Deliverable — Highlight exemplary businesses and other community members that are energy efficiency leaders through annual Chula vista CLEAN Champion Awards under the auspices of the City's Resource Conservation Commission. Performance Goal: At least 4 businesses or community members recognized per year 20 total). f eliverable — Transition participating businesses onto a new Green Business web platfonn (such as a local City built platform or regional platform that meets all Green Business stakeholders' needs) to better link identified energy efficiency opportunities with available SDG&E core programs. Performance Goal: At least 50 businesses participating in program and utilizing new web pl atf rn to track their improvements peer year (200 total). d. _ Objective — To build momentum towards a local clean energy economy, staff will work to retain and expand clean tech - oriented businesses in Chula vista. Further, staff will work with current Chula vista businesses to identify opportunities for new a4green" products and service development - funded). i. Deliverable — Initiate recruitment initiatives for clean tech - oriented businesses and/or development projects, which also generate referrals for S G &E's energy efficiency core programs. ii, Deliverable — Promote business -to- business transactions between current clean tech - oriented businesses (and local supply enterprises supporting these businesses) through informal and formal network, which also generate referrals for SING &'s core programs. Performance Goal: At least 50 direct referrals sent to SDG&E core programs per year 20 total). 2. Increase presidents' awareness about energy-saving opportunities and participation in energy efficiency programs such as Energy Upgrade California Q and Energy Savi ii. Deliverable — Organize community -vide campaigns (such as Green Realtor Tralnings and/or the Georgetown University Energy Prize) and events (such as the Go Green & Clean Family Day), to promote each citizen's important role in helping Chula vista reach its energy and environmental goals. f .Pert m n e Goal: At least 5 campaigns and/or events organized reaching over 250,000 community members (within 5 --year period). iii. Deliverable — Enroll residents with Thenn Kits request cards or provide similar low cost energy-saving devices limit one per household) to help demonstrate the benefits of simple energy upgrades to homes. Performance Goal: A least 1 low cost energy-saving devices distributed per year (5 00 total). . Objective -r Through the Energy Lounge program, the Chula vista Library's facilities and services will be leveraged to educate and enroll "bard to reach "' residents (such as older and low - income community members ) in special energy assistance programs to help lower their utility bills. i. Deliverable — Expansion of the City's inventory of energy - related books, s, e- oo s, and tools, which are available for public circulation. Performance Goal: At least 50 new energy - related Books and resources added to circulation per year (250 total). ii., Deliverable — Develop monthly energy messaging (utilizing the Energy Lounge digital signage and conuunity board) to promote energy - saving tips and resources. Performance Goal: At least 24 messages highlighted through signage, newsletters, or emails per year (120 total). iii. Deliverable — Most quarterly adult and/or youth energy programs that include guest speakers, tool tips, story times,, and screening of energy- therned movies at each major library location. Performance Goal: At least 8 events organized with at lean: 150 residents participating per year 40 events and 750 residents total). c. objective — Through the Recreation Empower Hour program, the Chula Vista Recreation's facilities and services will be leveraged to educate children and teens on energy-- saving behavior and concepts. 1. Deliverable — organize. after- school programs and participate in special events to provide activities (through the Rec & Roll vehicle) to inform and influence energy- sawing behavior at home. Performance Goal: At least 350 activities delivered reaching over 4,500 youth per year (1,750 activities and 22,500 youth total). Deliverable — Sponsor onsite school programs and special events (such as Summer Movie Nights) to promote energy- saving behavior and recruit participants int the Empower Hour's after - school and Rec 1 2016 - 2020 CI T of CHULA VISTA EFFI CIE NCY AND C 0 NSE RVATI ON PARTNER SHI P AGREEMENT 1. Roll programs. Performance Goal: At least 4 movie nights organized reaching over 400 community members per year 20 movie rights reachi i. Community Services, the City will provide direct outreach and assistance to low and moderate - income homeowners to facilitate whole -hone energy retrofits through its "Green Homes for All" initiative - funded). iii. Deliverable — Assist SG &E in recruiting low-income households into no cost turnkey energy solution programs, such as the Energy Savings Assistance Program. Performance Goal: At least 50 direct referrals sent. to SDG&E core programs per year 20 total). iv. Deliverable — Assist the local schools through the Georgetown University Energy Prize, Chula Vista Promise Neighborhood a Department of Education-sponsored program) or similar program in integrating energy efficiency information into their community assistarnce services. Performance G oak At least 2 bilingual presentations or marketing pieces provided to local schools and/or Parent Resource Centers per year 1 o total). 3. Expand energy - efficiency opportunities 'in neighboring communities through collaboration and peer-to-peer support as part of the South Bay Energy Action Collaborative So AC . a. Objective — Chula vista will assist South Bay jurisdictions in managing energy consumption and costs at their municipal Facilities by sharing lessors learned and providing technical support. i. Deliverable -- If requested by other jurisdictions, we will wort to develop detailed energy efficiency improvement proposals for municipal sites. Performance mance Goal: At least 4 municipal site proposals developed per year (20 total). b. obJective — Chula vista will assist South Bay Jurisdictions in further integrating energy efficiency into development and planning processes. i. Deliverable — Word with SDG&E to provide training sessions for municipal building and planning staff and/or provide in -house technical reviews on energy efficiency and sustainable building codes, technologies,, and rebate programs. Performance Goal; At least 6 in -house trainings or technical review sessions conducted per year o total). ii. Deliverable — Create energy-related policies and programs as past of Climate Action Plan, General Plan, or Energy Roadmap implementation. . Performance Goal: At least l policy /program developed for consideration (within -year period). c. Objective — Chula vista will help South Bay jurisdictions educate their local community members on energy efficiency opportunities. 016-2 0 2o C1 TY of CHULA VI STA EFFICIENCY AND C 0NSERVA ION PARTNE RSHIP AGREEMENT i. Deliverable — Provide energy efficiency outreach support through booths and/or other engagement tools at community everts throughout the sub- region, Performance Goal: At least 4 events reaching over 5,000 attendees per year 20 events with 25,000 attendees total). il, Deliverable -- Host workshops ps at South Bay library branches, or other locations, to promote the books, tools, and resources available through the "Library Energy Kits or ether energy efficiency programing. . mance man Goal: At least 3 workshops conducted reaching over 100 attendees per year 5 workshops with 5 00 attendees total). ill. Deliverable _— Organize annual "Green Scene" or ether outreach campaigns to recruit and promote small businesses' involvement in low cost, turnkey energy solution programs, such as Direct Install and Programmable Gown cating Thermostat services. Performance Goal: At least 40 direct referrals seat to SDG &E core programs per year (200 total). S G &E PROVIDED DATA To assist in accomplishing the ob eetives listed above, The City of Chula Vista will work with Sari. Diego Gas & Electric to request, through privacy greenlight, program participation data for Chula vista residential and co =ercial customers, including if available: • Programs • Measures Implemented • Energy Savings (kWh, kW, & Therms TARGET AUDIENCE To include: South Bay residents (including youth, seniors, & low-income households) businesses. SCHEDULE • Jan '16 -- Dec '20 — Continue to conduct business evaluations (based on the requirements of the FREBE ordinance (City of Chula vista Municipal Code 20.04)) and home evaluations as requested • Jars '16 —Dee '20 -Engage more CLEAN Businesses to tale advantage of Energy Efficiency programs. Help larger businesses apply for rebates and incentives. Jars '16 —Dec. '20 —Continue to engage SoBEAC members to assist them to implement more Energy Efficient programs in their jurisdictions Jan '16 -- Dec '16 - Align the FREBE ordinance with SDG &E Business Energy Solutions (BES). Pending City Council approval, amend the 34 2016 -2020 CITY OF CHULA V1STA EFF 1C EN CY AND CONSERVATT ON PAR TNE R SHIP AGREEMENT ordinance to match the 5 year eligibility of the BES prograr. Jan '16 — Dee '16 Marl et the City of Chula vista web platform to engage members and recruit new businesses • Jan '16 — June '18 — Continue to participate in the Georgetown University Energy Prize and evaluate any other commum*ty based energy competitions that we could participate in for future years (such as Cool CA or other). • Jars '17 —Dee ee ' 17 —Evaluate and consider joining a regional green business online platform with partners (under the same brand) and possibly organize friendly competitions among businesses in the region. Jars '19 — Dec '2 — Update and revise Climate Action Plan as needed. BB'S fig..... ::Poaii:�e: Community irg onser:ai n .'UT arde: 0t'ren.::. ................. ...... ..... .................. ......................... ...... ro r. .: Administrative Costs Mar eti g treae Costs $93,815 (per year % $469,075 (total) Direct Implementation Costs $684,525 (per year) % $3,422,625 (total) Total $778,340 (per year) 100% $3,891,700 (total) PROGRAM C MP N N T Sustainable Communities CA-LTEESP SUPPORT The City's Sustainable Communities component .ent will support the following CA Long- Term Energy Efficiency Strategic Plan goals: 1. Local goverrnents lead adoption and implementation of "reach" codes stronger than Title 24, on both mandatory basis and voluntary bases. 2. Strong support from local governments for energy cove compliance enforcement. 5. Local government energy efficiency expertise becomes widespread and typical. EXISTING BUILDINGS ENERGY EFFICIENCY ACTION PLAN SUPPORT. The City's Community Energy Conservation & Upgrade Outreach component will support elements of all five of the following goals included in the CA Existing Building Energy Efficiency Action Plan: 3. Building industry delivers im. -iovation and performance. 3 2016 -2020 C1 TY OF CHIN A VISTA EFF1CI NCY AND CONSERVATION PARTNERSHIP AGREEMENT 4. Californians recognize and benefit from the value of efficiency upgrades. 5. Solutions are accessible and affordable for all Californians. SC1RJPTI N Building upon the current program, the Chula vista Sustainable Communities Program SCP will further City staff s expertise in energy conservation and green building principles, with the goal of infusing sustainable practices into every level of the planning and bld�ng process. Staff will promote these principles to customers engaged i Deliverable — Produce development- related educational materials via digital fors, handouts, process guides, checklists, and i SDG&E PROVIDED DATA To assist in accomplishing the objectives listed above, The City of Chula vista will work with San Diego xas & Electric to request, through privacy greenlight, program participation data for Chula vista residential and commercial customers, including if available: • Pro grams • Measures Implemented • Energy Savings (kWh, kW, & Therms) TARGET AUDIENCE To include: Development Services Department artment personnel including Plan Check, Permit it Counter, Building Inspection staff), builders, developers, and community members. SCHEDULE Jars '16 —Dee ee '20 —Continue public education & technical support Darr '16 — Dec '20 — Provide permit counter support for energy code compliance Jars '16 — Dee '20 — Evaluate recommendations for community-scale standards Darr '16 mm-- Dee '20 — Evaluate potential for new additional "reach"' code or ogler energy saving policies Jan '17 — Dec '17 — Tmplement "Point-in-time" energy efficiency upgrade requirement for existing buildings Jars '18 — Dee '18 — Take ordnance requiring cool roofs for all climate zones in Chula Vista to City Council BUDGET Pro'' n'' . o: ; : S�z. t irk . � u 'nines �- gram :, :.:.::.:::::.: ... .. ........... . ..... . ... Administrative Costs Marketing/Outreach Costs -- Direct Ins i r n aio-n Costs $3523404 (per year) $1,762,020 (total) 100% ,I` $352,404 (per year) 1,762,020 total 8 2016 -2020 CITY of CHU A v1STA E FF1 CIEN C " AND C 0 NSE RVATI ON PARTNE RSHIP AGREEMENT PROGRAM COMPONENT San Diego Regional Energy Partnership CA -LTSP SUPPORT The San Diego Regional Energy Partnership component will support the following CA Long - Tern. Energy Efficiency Strategi 2. Further assist local governments and communities in the San Diego region with understanding and implementing climate action strategies, especially related to energy efficiency and energy efficiency aspects of resiliency, a. objective — SREP will continue to support the Climate Collaborative website and network to expand jurisdictional participation, energy efficiency program awareness, and highlight climate strategies that produce direct and indirect energy savings and greenhouse gas reductions. b. Objective -- S REP will leverage existing localized Green Business programs and expand upon regional Green Business programs, recruit new community partners and businesses, and will facilitate and recognize their energy efficiency and other greenhouse gas emissions reduction efforts. c. Objective —S REP will expand the Zero Net Energy (ZNE) vebinar series and conduct webinars on policies and technologies, and provide technical support tailored for and incorporating local government staff. vebinars will also be offered to architects, developers, and contractors. S REP will coordinate with SDG&ES to leverage current outreach efforts, programs, and facilities available through. SG &. The vebinars are intended to expand the reach and audience composition of existing ZNE activities and to aid local governments in their ongoing progress towards ZNE building goals as identified in the Zero Net Energy Roadrnap. 3. Assist local government staff in increasing their expertise in building energy efficiency standards, 'increasing code compliance and related energy savings a. Objective — SD REP will support local building departments in building internal capacity for implementing and enforcing Title 24, Part 6 and 11 CALGreen via direct 1n- person and on-- demand "energy code coach" support for interested/priority local government permit and code compliance staff. TARGET AUDIENCE To include: Municipal facility, energy management, climate planning, and support staff across the region. SCHEDULE The S REP encompasses various programs and projects implemented in coordination with regional partners. Therefore, each of the specific S REP programs and projects would be guided by their own individual timeline, 4 2016-2020 CITY OF CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT EXHIBIT B ALLOWABLE COSTS TABLE Allowable Costs Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-funded energy efficiency work. The costs reported should be oDly for costs actually expended. .An financial commitments are to be categorized as commitments. If the reporting entity does Dot have a cost as listed on the cost reporting sheet, tai -a no cost is to be reported for that item. These Allowable Cost elements are to used whenever costs are invoiced or reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program administrator should be contacted in order for the administrator to seek approval from the CPUC. Cost Categories Allowable Costs Administrative native Cost Category Managerial and Clerical Labor ICJ Labor -- Clerical _ IOU Labor -- Programs Design �.�..r.....�.r� ,..- .vn.v .x...v.r..Y IOU Labor - Program Development IOU Labor - Program Planning IOU Labor - Program /Project Management IOU Labor - staff Management �.v.... _._t IOU Labor - Staff Supervision Y - Subcontractor Labor -- Clerical Subcontractor Labor - Program Design w...N, v...v Subcontractor Labor - Program Development - Subcontractor Labor - Program Planning Subcontractor Labor - Program Project Illlana ernent Subcontractor Labor - staff Manageme.nt ..,.n Subcontractor Labor - staff Supervision Human resource Support and Development �...� IOU Labor - Human Resources IOU Labor - staff Development and Trainih - _M.....v.._..., IOU Benefits - Administrative Labor IOU Benefits - Direct Implementation Labor IOC Benefits - Marketing/Advertising/Outreach Labor ICJ Payroll Tax - Administrative Labor IOU Payroll Tax - Administrative Labor IOU Payroll Tax - Administrative Labor � .....� IOU Pension -- Administrative Labor IOU Pension -- Direct I.Tpjernentafion Labor IOU Pension - Markefing/AdvertisinqLqutreach Labor Subcontractor Labor- Human resources Subcontractor Labor - staff Development and Training Y -- Subcontractor Benefits - Administrative Labor _ Subcontractor Benefits - Direct lmplgnTentation Labor Subcontractor Benefits W Marketing/Advertising/Outreach Labor w Subcontractor Payroll Tax - Administrative Labor Subcontractor Payroll Tax - TDirect Implementation Labor Subcontractor, Payroll T - Mari etinglAdverti ingloutreach Labor Subcontractor Pension - Administrative Labor 41 2016-2020 CITY OF CHULA VISTA EFFICIENCY AND CONSERVATION PARTNERSHIP AGREEMENT Allowable Costs Fable The cost items listed on the Allowable Costs sheet are the nl costs that can be claimed for r .t r-ftmd d energy efficiency vor1. The costs reported should be only for costs actually expended. Any financial commitments are to categorized as commitments. If the reporting entity does not have a cost as listed on the cost r eporting sheet, then no cost is to be reported for that item. These A] lowable Cost elements are to be used whenever costs are invoiced or reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program administrator should be contacted in order for the admiDistrator to seek approval froin the I . Cost Cateaories Allowable Costs Subcontractor Pension - Direct Implementation tion Labor _ Subcontractor Pension - IIIarketinAdertlsing /Outreach Labor _... Travel and Conference Fees - IOU conference Fees IOU Labor - Conference Attendance IOU Travel - Airfare IOU Travel - Lodging IOU Travel - Meals - - - IOU Travel - Mileage � .....r IOU Travel - Parking IOU Travel - Per Diem for Misc. Expenses Subcontractor - conference Fees �._. Subcontractor Labor - Conference Attend ance Subcontractor - Travel - Airfare Subcontractor - Travel - Lo Ogln .......v...v...- - -.... - -- � Subcontractor - Travel - Meals is Subcontractor - Travel - ...Mileage - -- Subcontractor - Travel -- Parking Subcontractor - Travel - Per Diem for Misc. Expenses Overhead (General and Administrative ) -labor and Materials IOU Equipment Communications ICJ Equipment computing IOU Equipment Document Reproduction IOU Equipment General Office IOU Equipment Transportation IOU Food Service IOU Office _Sup lies IOU Postage IOU Labor -- Accounting support IOU Labor - Accounts Payable yk. Ili Labor - Accounts Iocelvabl...�..�.v� �T..._..rY..t.YVU.�.�. ILA Labor -Administrative Off..! Labor - Facilities Maintenance IOU Labor - Materials Management ... �..�.v..v.. �.�n..r� IOC.! Labor - Procurement IOU Labor - Shop Services IOU Labor - Transportation Services �..... IOU Labor - Automated Systems - - IOU Labor - communications IOU Labor - Information Technology .,_..- ,_..._Y.��.._._....__ww IOU Labor -Telecommunications - ..�_.._ -.. �..n_..._.._._ Subcontractor Equipment Communications Subcontractor Equipment PoMpq �... Subcontractor E ulwent Document I eoroduction 4 2016 -2020 CITY CAE CHULA VISTA EFFICIENCY AND CONSERVATION A TNERSHI ' AGREEMENT Allowable Costs 'Table The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer -funded energy efficiency work. The costs reported should be only for costs actually expended. Any financial commitmen s are to be categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that items.. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program administrator should be contacted in order for the administrator to seek a -p-pro al from the CPUC. Cost Categories I Allowable Costs Subcontractor Equipment General Office -Subcontractor E uipyment Transportation Subcontractor Food Service subcontractor office Sup flies -Subcontractor Post e Subcontractor Labor - Accounting Support..._ v -- Subcontractor Labor - Accounts P yable subcontractor Labor - Accounts Receivable Subcontractor Labor - Facilities Maintenance -Subcontractor Labor - Materials I ana ement Subcontractor Labor - Procurement Subcontractor Labor - Shop Services .... -- Subcontractor Labor - Administrative Subcontractor Labor - Transportation Services subcontractor Labor - Automated S rstams subcontractor Labor - Communications subcontractor Labor- Information Technolo r Subcontractor Labor -Telecommunications I I rketina /Advertisinal ter Cost Cateaory w....V IOU - Advertisements / Media Promotions IOU - Bill Inserts n._m IOU - Brochures IOU -Door Handers IOU - Print Advertisements�J..w.r IOU - Radio Spots v. IOC..! -Television Spots IOU -..Website Development ent IOU Labor - i1 arl etinc IOU Labor W Media Production IOU Labor - Business Outreach IOU Labor - Customer outreach IOU Labor- Customer Relations Subcontractor - Bill Inserts Subcontractor - Brochures Subcontractor - Door Hangers Subcontractor - Print Advertisements Subcontractor - Radio Spots Subcontractor- Television Spots Subcontractor - Website Development Subcontractor Labor -- IIarketl� Subcontractor Labor - Mediae Production Subcontractor Labor - Business outreach Subcontractor Labor - Customer Outreach Subcontractor Labor -- Customer Relations 3 2016 -2020 CITY OF CHULA VISTA EEEI CIE NC N C 0 NSERV TI ON PAR TNERSHIP AGREEMENT Allowable Costs 'Table Tlh e cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer - funded energy efficiency work. The costs reported should be only for costs actuafly expended. Any fmancial conunitments are to be categorized as on rnitme ts. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program administrator should be contacte d * order for the admin' trator to ee a r is from the Cost Categories Allowable Costs Direct Implementation Cost Cate Financial Incentives to Customers - -'-- Activity - Direct Labor Labor Curriculum Development to Labor - Customer Education and Training JOU Labor - Customer Equipment Testing and Diagnostics 10 U Labor - Faoi I ities Audits Subcontractor Labor - Facilities Audits subcontractor Labor - Curriculum Development Subcontractor Labor - Customer Education and Trainin .w r .Subcontractor Labor - Customer Equipment Testing and Diagnostics installation and service - Labor I OU Labor - Customer Eq u J pMent Repair and Servicing .vvN� JOU Labor- Measure Installation Subcontractor Labor Customer E ui ment.Yl Repair and B ail in Subcontractor Labor - Customer Equipment Repair and Servicing-------'-r- iireet Implementation Hardware and Materials JOU Audit Applications and Forms to Direct Implementation Literature JOU Education Materials Jo Energy Measurement Tools JOU Installation Hardware Subcontractor - Direct Irn p I e m entati on Literature Subcontractor - Education I1,Ii ate rlaIs Subcontractor - Er y Measurement Tools Subcontractor - Installation Hardware Subcontractor -Audit Ap p Iic tions and Forms elate Processing and Inspection - Labor and Materials iOU Labor - Field Verification ILA Labor - Site Inspections lob Labor- Rebate Processing ..... V._v. N. v.,.. �v. T,_,__._ �. v.. ._.TV.......- ...,.......w... IOU Rebate Applications Subcontractor Labor - Field Verification Subcontractor Labor -- Rebate Processing FSubcontractor - Rebate to Applications 44 2016 -2.020 CITY OF CHULA VISTA EFFICIENCY AND CONSERVATION P TN SH P AGREEMENT 5 2016 -2020 CITY OF CHULA VI STA EFFICIENCY AND CO NSERVATI 0 N PAR TNER S TP AGREEMENT EXHIBIT A CITY OF CHULA VISTA 2016-2020LOCAL GOVERNMENT PARTNERSHIP DRAFT SCOPE OF WORK PROGRAM OVERVIEW a)Program Title: Chula Vista Local Government Partnership b)Program Budget (5-Year): $1,563,585per year ($7,817,925total) c)Program Term: January1, 2016through December 31, 2020 d)Main Contact Information: Lynn France, Environmental Services Manager Economic DevelopmentDepartment 276 Fourth Avenue Chula Vista, CA 91910 (619) 585-5790 Office (619) 691-5006 Fax PROGRAMCOMPONENT Municipal EnergyManagement CA-LTEESP SUPPORT The City’s Municipal Energy Management component will support the following CA Long-Term Energy Efficiency Strategic Plan goals: 3. Local governments lead by example with their own facilities. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION The SDG&E/Chula Vista Energy Efficiency Partnership will expand the City’s efforts to reducemunicipal energy use through facility retrofits and upgrades. Chula Vista owns, leases, and/or operates over 90 buildings and structures totaling approximately 1.4 million square feet. Annually, the City’s facilities consume an estimated 16.5 million kWh and 900,000 therms. In addition, the program will help train municipal facility managers on betterenergy management practices and will complement Chula Vista’s ongoing investments inrenewable energy generation. 2016-2021Chula Vista Local Government Partnership 1of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 73 GOALS, OBJECTIVES, & DELIVERABLES 1.Develop integrated energy management strategies for major City buildings and facilities. a.Objective–Asoutlined in the new City Operations Sustainability Plan, pursue retro-commissioning and green building certificationfor select municipal facilities to identify more efficient and sustainable operation practices. i.Deliverable –Continue to hostLEED-EBOM training for City operations staff to expand in-house capacity and knowledge. Performance Goal:At least 2 staff participating (can include other South Bay cities’staff)per year (10 total). ii.Deliverable–Produce a summary report outlining the best practices that could improve the efficient operations of municipal buildings on a daily basis. Performance Goal: At least 2best practices identified(within 5- year period). Performance Goal: At least 1 building assessed for LEED-EBOM equivalency(within 5-year period). b.Objective–Determine the feasibility of leveraging the City’s current water pumping management system to improve real time energy management capabilities. i.Deliverable–Produce a summary report outlining the applicability of the SCADA water pumping system to act as anenergy management tool for municipal facilities. Performance Goal: At least 1design schematic created for a pilot site(within 5-year period). ii.Deliverable–Update Capital Improvement Project (CIP) bid requirements, as appropriate, to include the new energy management system specifications. Performance Goal: At least 1specification sheet created(within 5- year period). 2.Reduce energy consumption at City buildings, facilities, and related infrastructureas part of the Department of Energy’s Better Buildings Challenge. a.Objective–Coordinate the installation of energy efficient retrofit projects (such as HVAC, lighting, and VFDs) at City buildings, facilities, and related infrastructure by using information obtained in section 1 above. i.Deliverable–Reduce building energy usethrough energy efficiency improvements and energy management efforts. b.Objective–Pursue current and emerging energy efficiency financing options to provide installation capital costs, which are not covered under existing incentive programs. i.Deliverable–Secure retrofit project financing, such as California Energy Commission loans, SDG&E On-Bill Financing, CSCDA Sustainable Energy Bond Program (exact value dependent on 2016-2021Chula Vista Local Government Partnership 2of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 74 identified retrofit project list)and/orother financing programs that may be available. Performance Goal:At least $1,000,000 in financing issued (includesPACE financing thru“Community Energy Conservation & Upgrade Outreach” component below)per year ($5,000,000 total). SDG&E PROVIDED DATA To assist in accomplishing the objectives listed above, San Diego Gas & Electric will electronicallyprovide the City (on a monthly basis) with energy data for Chula Vista municipal accountsthrough energy waves and E3 data access tools, including: Account Number Service Address Energy Use Energy Demand Energy Costs Total Costs TARGET AUDIENCE To include: Municipal facility managers and support staff SCHEDULE Jan ’16 -Dec’20–Host a green building training for staff Jan ’16 -Dec ’20–Identify energy-related building O&M best practices Jan ’16 -Dec ’20–Secure financing & begin retrofit projects Jan ’16 -Dec ’20–Complete energy efficiency retrofit projects Jan ’16 –Dec ’16 -Complete the LEED O+M feasibility study Jan ’17–Dec ’17 -Evaluatecertifying one or more City of Chula Vista buildings with LEED O+M Jan ’18–Dec ’18 –Retrofit wastewater pumps, where feasible,to reduce energy usage Jan ’19 –Dec ’20–Implement building automation and energy storage improvements to reduce peak demand and save energy 2016-2021Chula Vista Local Government Partnership 3of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 75 BUDGET Program Name: Municipal Energy Management Program Budget Item($)(%) Administrative Costs-- Marketing/Outreach Costs-- Incentive/Rebate Costs-- Direct Implementation Costs$186,483(per year)100% $932,415 (total) $186,483(per year) Total$932,415(total)100% PROGRAMCOMPONENT Community Energy Conservation & Upgrade Outreach CA-LTEESP SUPPORT The City’s Community Energy Conservation & Upgrade Outreach component will support the following CA Long-Term Energy Efficiency Strategic Plan goals: 4. Local governments lead their communities with innovative programs for energy efficiency, sustainability, and climate change. 5. Local government energy efficiency expertise becomes widespread and typical. EXISTING BUILDINGS ENERGY EFFICIENCY ACTION PLAN SUPPORT The City’s Community Energy Conservation & Upgrade Outreach component will support the following goals included in the CA Existing Building Energy Efficiency Action Plan: 1.Proactiveand informed government leadership in energy efficiency. 2.Data drives informed decisions. 3.Building industry delivers innovation and performance. 4.Californians recognize and benefit from the value of efficiency upgrades. 5.Solutions are accessible and affordable for all Californians. DESCRIPTION The Community Energy Upgrade & Conservation Outreach program is designed to complementSan Diego Gas & Electric’s residential and commercial energy efficiency programs by providing trained City staff to engage and educate Chula Vista businesses, residents, contractorsand other members that influence energy usageabout energy- saving opportunities. City staff are able to play a unique role in delivering energy efficiency programs to their community, both becausetheir more proximate relationship with citizens, and because they are able to leverage other municipal services/processes to maximize outreach effectiveness. 2016-2021Chula Vista Local Government Partnership 4of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 76 GOALS, OBJECTIVES, & DELIVERABLES 1.Increase the business community’s awareness about energy-saving opportunities and participation in available energy efficiency programs offered by SDG&E/CPUC. a.Objective–Trained staff will perform free on-site energy evaluationsfor Chula Vista businesses through the City’s successful Free Resource& Energy Business Evaluation (FREBE) program. City staff will provide participants with an integrated energy audit, an overview of applicable SDG&E direct install, incentive, and financing programs, and assistance completing incentive and/or On-Bill Financing applications. City staff will also, whenever possible, acquire the SDG&E account number of the facility being evaluated. i.Deliverable–Develop energy and water evaluation reports for local businesses to generate and track immediate referrals for SDG&E core programs. Performance Goal:At least 500 on-site business evaluations completedper year (2,500 total). ii.Deliverable–Survey participating businesses quarterly via online or mail to identify and better understand energy upgrade opportunities, SDG&E program interest, and customer satisfaction. Performance Goal: At least 50% of respondents implementing at least 1of the City’srecommendationsyearly (ongoing). b.Objective–As part of the business evaluations, City staff will specifically facilitate low-cost energy efficiency solutionsand educate participants on new energy-saving technologies. i.Deliverable–Distribute “smart” power strips or similar low cost energy-saving devices (limit one per business during one year cycle) to help demonstrate the benefits of simple energy upgrades to businesses. Performance Goal:At least 300 lowcost energy-saving devices distributedper year (1,500 total). ii.Deliverable–Assist SDG&E in recruiting businesses into low cost, turnkey energy solution programs, such as Direct Install and Programmable Communicating Thermostat (PCT) services. Performance Goal: At least 300 direct referrals sent to SDG&E core programsper year (1,500 total). c.Objective–Local businesses that are voluntarily incorporating energy efficiency and other sustainable practices into their operations will be recognized through the Chula Vista CLEAN Business program. The program, which is co-sponsored by the Chula Vista Chamber of Commerce and the Third Avenue Village Association, provides additional technical, marketing, and networking opportunities for these “early adopter” businesses (co- funded). i.Deliverable–Organize networking events and/or campaigns to share 2016-2021Chula Vista Local Government Partnership 5of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 77 best practices and lesson learned among participants and to highlight newly available energy and sustainability programs. Performance Goal: At least 4events or campaigns organizedwith atleast 50 businesses participatingtotalper year (20 events or 250 businesses total). ii.Deliverable–Highlight exemplary businesses and other community members that are energy efficiency leaders through annual Chula Vista CLEAN Champion Awards under the auspices of the City’s Resource Conservation Commission. Performance Goal: At least 4 businesses or community members recognizedper year (20 total). iii.Deliverable–Transition participating businesses onto a new Green Business web platform(such as a local City built platform or regional platform that meets all Green Business stakeholders’needs)to better link identified energy efficiency opportunities with available SDG&E core programs. Performance Goal: At least 50businesses participating in program andutilizing new web platform to track their improvementsper year (200 total). d.Objective–To build momentum towards a local clean energy economy,staff will work to retain and expand clean tech-oriented businesses in Chula Vista. Further, staff will work with current Chula Vista businesses to identify opportunities for new “green” products and service development (co-funded). i.Deliverable–Initiate recruitment initiatives for clean tech-oriented businesses and/or development projects, which also generate referrals for SDG&E’s energy efficiency core programs. ii.Deliverable–Promote business-to-business transactions between current clean tech-oriented businesses (and local supply enterprises supporting these businesses) through informal and formal networks, which also generate referrals for SDG&E’s core programs. Performance Goal: At least 50direct referrals sent to SDG&E core programsper year (250 total). 2.Increase residents’ awareness about energy-saving opportunities and participationin energy efficiency programs such as Energy Upgrade California (EUC) and Energy Savings Assistance Program (ESAP). a.Objective–Trained staff will outreach to residents at community events and through community-wide campaignsto educate them on new energy efficiency technologies and available incentive and financing programs. i.Deliverable–Participate in community events to provide an ongoing communication channel with communitymembers. Performance Goal: At least 50 eventsattended reaching over 50,000attendeestotalper year (250 events reaching 250,000 attendees total). 2016-2021Chula Vista Local Government Partnership 6of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 78 ii.Deliverable–Organize community-wide campaigns(such as Green Realtor Trainings and/or the Georgetown University Energy Prize) and events (such as the Go Green & Clean Family Day), to promote each citizen’s important role in helping Chula Vista reach its energy and environmental goals. Performance Goal: At least 5campaigns and/or eventsorganized reachingover 250,000community members(within 5-year period). iii.Deliverable–Enroll residents with Therm Kitsrequest cardsor provide similar low cost energy-saving devices (limit one per household) to help demonstrate the benefits of simple energy upgrades to homes. Performance Goal:At least 100 low cost energy-saving devices distributedper year (500 total). b.Objective–Through the Energy Lounge program, the Chula Vista Library’s facilities and services will be leveraged to educate and enroll “hard to reach” residents(such as older and low-income community members) in special energy assistance programs to help lower their utility bills. i.Deliverable–Expansion of the City’s inventory of energy-related books, e-books, and tools, which are available for public circulation. Performance Goal:At least 50 new energy-related books and resources added to circulationper year (250 total). ii.Deliverable–Develop monthly energy messaging (utilizing the Energy Lounge digital signage and community board) to promote energy- saving tips and resources. Performance Goal:At least 24messages highlighted through signage, newsletters, or emailsper year (120 total). iii.Deliverable–Host quarterly adult and/or youth energy programs that include guest speakers, tool tips, story times, and screening of energy- themed movies at each major library location. Performance Goal: At least 8events organized with at least 150 residents participatingper year (40 events and 750 residents total). c.Objective–Through the Recreation Empower Hourprogram, the Chula Vista Recreation’s facilities and services will be leveraged to educate children and teens on energy-saving behavior and concepts. i.Deliverable–Organize after-school programs and participate in special events to provide activities (through the Rec & Roll vehicle)to inform and influence energy-saving behavior at home. Performance Goal: At least 350activities delivered reaching over 4,500youthper year (1,750 activities and 22,500 youth total). ii.Deliverable –Sponsor onsite school programs and special events (such as Summer Movie Nights) to promote energy-saving behavior and recruit participants into the Empower Hour’s after-school and Rec & 2016-2021Chula Vista Local Government Partnership 7of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 79 Roll programs. Performance Goal:At least 4movie nights organized reaching over 400community membersper year (20 movie nights reaching 2,000 community members total). iii.Deliverable–Conduct pre-and post-program learning assessments for youthparticipating in the Recreation Empower Hour, as well as conduct surveys of their parents to assess behavioral impacts at home. Performance Goal: At least 60% of respondents improving their energyefficiency knowledge and/or adopting more sustainable behaviorsyearly (ongoing). d.Objective–Trained staff will perform no cost free on-site energy evaluations for Chula Vista residents through the City’s successful Home Upgrade, Carbon Downgrade program. City staff will help to identify home energy performance issues, suggest possible solutions, and provide assistance with completing incentive and financing applications. i.Deliverable–Develop Home Energy & Water Check-Up reports for residents to review potential energy and water-saving opportunities and to generatereferrals for SDG&E core programs. Performance Goal: At least 150 on-site home evaluations completedper year (750 total). ii.Deliverable–Survey participating residents quarterly via online or mail to identify and better understand energy upgrade opportunities, SDG&E program interest, and customer satisfaction. Performance Goal:At least 50% of respondents implementing at leastone of the City evaluations’ recommendationsyearly (ongoing). e.Objective–The City will help to develop the local whole-home energy and water retrofit market by developing new policies through its Climate Action Plan update process and supporting local financing tools in the community. i.Deliverable–As part of the Climate Action Plan update process, develop potential policy and program options for expanded education, benchmarking, retrofit,and supplemental rebates for existing residential building stock (may also apply to commercial buildings). Performance Goal:At least 3 programs and/or policies will be developedand presented to City Council for considerationper year (15 total). ii.Deliverable–Leverage private-public partnership(s) to provide PACE financing to single-family, multi-family, and commercial property owners in Chula Vista. Performance Goal:At least $1,000,000 in financing issued (includesmunicipal retrofitsthrough “Municipal Energy Management”)per year ($5,000,000 total). f.Objective–In collaboration with the City’s Housing Divisionand South Bay 2016-2021Chula Vista Local Government Partnership 8of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 80 Community Services, the City will provide direct outreach and assistance to low and moderate-income homeownersto facilitate whole-home energy retrofits through its “Green Homes for All” initiative (co-funded). i.Deliverable–Assist SDG&E in recruiting low-income households into no cost, turnkey energy solution programs, such as the Energy Savings Assistance Program. Performance Goal: At least 50direct referrals sent to SDG&E core programsper year (250 total). ii.Deliverable–Assist the local schools through the Georgetown University Energy Prize, Chula Vista Promise Neighborhood (a Department of Education-sponsored program)or similar programin integrating energy efficiency information intotheir community assistance services. Performance Goal:At least 2bilingual presentationsor marketing piecesprovided to local schools and/or Parent Resource Centersper year (10 total). 3.Expand energy-efficiency opportunities in neighboring communities through collaborationand peer-to-peer support as part of the South Bay Energy Action Collaborative (SoBEAC). a.Objective–Chula Vista will assist South Bay jurisdictions in managing energy consumption and costs at their municipalfacilities by sharing lessons learned and providing technical support. i.Deliverable–If requested by other jurisdictions,we will work to develop detailed energy efficiency improvement proposals for municipal sites. Performance Goal: At least 4municipalsiteproposals developed per year (20 total). b.Objective–Chula Vista will assist South Bay jurisdictions in further integrating energy efficiency into development and planningprocesses. i.Deliverable–Work with SDG&E to provide training sessions for municipal buildingand planning staff and/or provide in-house technical reviews on energy efficiency and sustainable building codes, technologies, and rebate programs. Performance Goal: At least 6in-house trainingsor technical review sessionsconductedper year (30 total). ii.Deliverable–Create energy-related policies and programs as part of Climate Action Plan, General Plan, or Energy Roadmap implementation. Performance Goal: At least 1policy/programdeveloped for consideration(within 5-year period). c.Objective–Chula Vista will help South Bay jurisdictions educate their local community members on energy efficiencyopportunities. 2016-2021Chula Vista Local Government Partnership 9of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 81 i.Deliverable–Provide energy efficiency outreach support through booths and/or other engagement toolsat community events throughout the sub-region. Performance Goal: At least 4 events reaching over 5,000 attendees per year (20 events with 25,000 attendees total). ii.Deliverable–Host workshops at South Bay library branches, or other locations,to promote the books, tools, and resources available through the “Library Energy Kitsor other energy efficiency programing. Performance Goal: At least 3workshops conductedreaching over 100 attendeesper year (15 workshops with 500 attendees total). iii.Deliverable –Organize annual “Green Scene” or other outreach campaignsto recruit and promote small businesses’ involvement in low cost, turnkey energy solution programs, such as Direct Install and Programmable Communicating Thermostat services. Performance Goal: At least 40 direct referrals sent to SDG&E core programsper year (200 total). SDG&E PROVIDED DATA To assist in accomplishing the objectives listed above, The City of Chula Vista will work withSan Diego Gas & Electric to request, through privacy greenlight, program participation data for Chula Vista residential and commercial customers, includingif available: Programs Measures Implemented Energy Savings (kWh, kW, & Therms) TARGET AUDIENCE To include: South Bay residents (including youth, seniors, & low-income households) & businesses. SCHEDULE Jan ’16 –Dec ’20–Continue to conduct business evaluations (based on the requirements of the FREBE ordinance (City of Chula Vista Municipal Code 20.04)) and home evaluations as requested Jan ’16 –Dec ’20-Engage more CLEAN Businessesto take advantage of Energy Efficiency programs. Help larger businesses apply for rebates and incentives. Jan ’16 –Dec ’20–Continue to engage SoBEAC members to assist them to implement more Energy Efficient programs in their jurisdictions Jan ’16 –Dec ’16-Align the FREBE ordinance with SDG&E Business Energy Solutions (BES). Pending City Council approval, amend the 2016-2021Chula Vista Local Government Partnership 10of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 82 ordinance to match the 5 year eligibility of the BES program Jan ’16 –Dec ’16-Market the City of Chula Vista web platform to engage members and recruit new businesses Jan ’16 –June ’18 –Continue to participate in the Georgetown University Energy Prize and evaluate any other community based energy competitions that we could participate in for future years (such as Cool CA or other). Jan ’17 –Dec ’17 –Evaluate and consider joining a regional green business online platform with partners (under the same brand) and possibly organize friendly competitions among businesses in the region. Jan ’19–Dec ’20–Update and revise Climate ActionPlan as needed. BUDGET Community Energy Conservation & Upgrade Outreach Program Name: Program Budget Item($)(%) Administrative Costs-- Marketing/Outreach Costs $93,815(per year)12% $469,075(total) Direct Implementation Costs $684,525(per year)88% $3,422,625(total) $778,340(per year) Total 100% $3,891,700(total) PROGRAMCOMPONENT Sustainable Communities CA-LTEESP SUPPORT The City’s Sustainable Communities component will support the following CA Long- TermEnergy Efficiency Strategic Plan goals: 1. Local governments lead adoption and implementation of “reach” codes stronger than Title 24, on both mandatory basis and voluntary bases. 2. Strong support from local governments for energy code compliance enforcement. 5. Local government energy efficiency expertise becomes widespread and typical. EXISTING BUILDINGS ENERGY EFFICIENCY ACTION PLAN SUPPORT The City’s Community Energy Conservation & Upgrade Outreach component will support elements of all five of the following goals included in the CA Existing Building Energy Efficiency Action Plan: 3. Building industry delivers innovation and performance. 2016-2021Chula Vista Local Government Partnership 11of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 83 4. Californians recognize and benefit from the value of efficiency upgrades. 5. Solutions are accessible and affordable for all Californians. DESCRIPTION Building upon the current program, the Chula Vista Sustainable Communities Program (SCP)will further City staff’s expertise in energy conservation and green building principles, with the goal of infusing sustainable practices into every level of the planning and building process. Staff will promote these principles to customers engaged in the municipal permit and construction approval process through the City’s website, on the phone, and in person at the Public Services Building. Under the SCP, the Development Services Department will also investigate and update their existing programs, guidelines, and regulations to reflect the advances that have been made in both the green building and energy conservation aspects of community and project-level site planning and to coordinate these activities with new energy-related programs. GOALS, OBJECTIVES, & DELIVERABLES 1.Improve the energy performance of new development and buildings through standards and codes that emphasize sustainable design and construction and support progress towards statewide Zero Net Energy building goals. a.Objective–The City will develop local approaches and standards for achieving increased energy efficiency at the community-planning scale and site-planning scale. i.Deliverable–Develop recommendations for energy-efficient community and site planning standards and incentives for City Council consideration. Performance Goal: At least 1 policy/program developed and presented to City Council forconsideration(within 5-year period). b.Objective–Based on SDG&E’s cost-effectiveness study results, the City will analyze the feasibility of updating its Energy Efficiency and Green Building “reach” codes to exceed state standards to complement statewide ZeroNet Energy initiatives. i.Deliverable–Develop Enhanced Energy Efficiency and Green Building Ordinances for City Council consideration, if deemed cost- effective. Performance Goal: At least 1policy/program developed and presented to City Council for consideration(within 5-year period). 2.Increase developers and permit applicants’ awareness of energy-saving opportunitiesrelated to new construction and major renovation projects and their participation in available energy efficiency programs. a.Objective–Chula Vista will provide direct education to developers, permit applicants, and Development Services Department staff on energy efficiency codes, emerging technologies, and SDG&E incentive programs. 2016-2021Chula Vista Local Government Partnership 12of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 84 i.Deliverable–Produce development-related educational materials via digital forms, handouts, process guides, checklists, and information links. Performance Goal: At least 2 educational materials created and distributedper year (12 total). b.Objective–Chula Vista will provide technical support to developers, permit applicants, and Development Services Department staff on energyefficiency codes, mandatory & voluntary green building standards, emerging technologies, and SDG&E incentive programs. i.Deliverable–Provide regular in-house trainings to Development Services staff and the development community on the City’s approach to Zero Net Energy through “reach” codes, on the California Energy Code and on the California Green Building Code. We will incorporate any applicable incentive program information. Performance Goal: At least 2trainings with at least 40 attendees (wewill inviteother South Bay cities staff)per year (10 trainings with 200 attendees total). ii.Deliverable–Provide support during construction on jobsites and at the permit counter to explain and aid compliance with the current and new California Green Building and Energy codes, and locally-adopted “reach” codes (if applicable) and expedited permitting incentive programs. Performance Goal: At least 25one-on-one meetings with developers and/or contractorsper year (125 total). iii.Deliverable–Provide staffing at the City’s “Sustainability Desk” during public counter hours and by appointment to answer questions and offer one-on-one guidance to community members and Development Services staff. Performance Goal: At least 50 days of staffing at the Sustainability Deskper year (250 total). iv.Deliverable–Provide support to the local development community on SDG&E new construction programs such as California Advanced Homes and Savings byDesign. Performance Goal: At least 2trainings organized with at least 50 attendeesper year (10 trainings with 250 attendees). 3.Increase compliance and enforcement of new California Energy and Green Building codes along with the “reach” codes (if applicable) adopted by the Chula Vista City Council. a.Objective–Provide additional verification that energy efficiency and green building requirements are being properly met. i.Deliverable-Perform secondary audits on all types of construction projects (residential, commercial, and industrial) to confirm compliance with energy efficiency requirements and to ensure proper installation and inspection procedures were performed. Performance Goal: At least 10 secondary audits performed total per year (50 total). 2016-2021Chula Vista Local Government Partnership 13of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 85 SDG&E PROVIDED DATA To assist in accomplishing the objectives listed above, The City of Chula Vista will work withSan Diego Gas & Electric to request, through privacy greenlight, program participation data for Chula Vista residential and commercial customers, including if available: Programs Measures Implemented Energy Savings (kWh, kW, & Therms) TARGET AUDIENCE To include: Development Services Department personnel (including Plan Check, Permit Counter, & Building Inspection staff), builders, developers, and community members. SCHEDULE Jan ’16 –Dec ’20–Continue public education & technical support Jan ’16 –Dec ’20–Provide permit counter support for energy code compliance Jan ’16 –Dec ’20–Evaluate recommendations for community-scale standards Jan ’16 –Dec ’20–Evaluate potential for newadditional“reach” codeor other energy saving policies Jan ’17 –Dec ’17 –Implement “point-in-time” energy efficiency upgrade requirement for existing buildings Jan ’18–Dec ’18–Take ordnance requiring cool roofs for all climate zones in Chula Vista to City Council BUDGET Sustainable Communities Program Program Name: Program Budget Item($)(%) Administrative Costs-- Marketing/Outreach Costs-- Direct Implementation Costs $352,404(per year)100% $1,762,020(total) $352,404(per year) Total 100% $1,762,020(total) PROGRAMCOMPONENT San Diego Regional Energy Partnership 2016-2021Chula Vista Local Government Partnership 14of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 86 CA-LTEESP SUPPORT The San Diego Regional Energy Partnership component will support the following CA Long-Term Energy Efficiency Strategic Plan goals: 1. Local governments lead adoption and implementation of “reach” codes stronger than Title 24, on both mandatory basis and voluntary bases. 3. Local governments lead by example with their own facilities. 4. Local governments lead their communities with innovative programs for energy efficiency, sustainability, and climate change. 5. Local government energy efficiency expertise becomes widespread and typical. DESCRIPTION Local Governments in San Diego County have been successfully collaborating with each otherand with SDG&E on joint energy efficiency initiatives over the last 7 years as part of the Local Government Partnership programs and as part of federal stimulus-funded activities related to energy efficiency. These agencies have formalized this “network” through creation of the San Diego Regional Energy Partnership (SDREP). The SDREP will be led by a “Local Government Steering Committee” with representatives from the City of Chula Vista, City of San Diego, County of San Diego, Port of San Diego, and San Diego Association of Governments (representing smaller jurisdictions), in close collaboration with San Diego Gas & Electric and other regional partners. GOALS, OBJECTIVES, & DELIVERABLE 1.Further develop and support regional Energy Upgrade California (EUC) implementation and the broader existing home retrofit market to facilitate “deep energy retrofits” (both in terms of high energy savings and untapped markets in existing residential buildings). outreach, coordination, and training with a.Objective–SDREP will conduct the local real estate community to pursue adoption of a “Green” MLS to help capture market value for home energy performance. efforts b.Objective–SDREP will expand current to support energy efficiency project in the region. energy efficiency outreach and education c.Objective –SDREP will support across the San Diego region through community workshops/events and employee-based “home energy coaching.” 2.Further assist local governments and communities in the San Diego region with understandingand implementing climate action strategies, especially related to energy efficiency. Climate Collaborative a.Objective–SDREP will continue to support the website and network to expand jurisdictional participation, energy efficiency programawareness, and highlight climate strategies that produce direct and indirect energy savings and greenhouse gas reductions. regional Green Business programs, b.Objective–SDREP will expand upon recruit new community partners and business, and will facilitate and 2016-2021Chula Vista Local Government Partnership 15of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 87 recognize their energy efficiency and other greenhouse gas emissions reduction efforts. – c.ObjectiveSDREP will expand the webinar series and conduct webinars on policies and technologies, and provide technical support for local government progress towards staff, architects, developers, and contractors to aidongoing ZNEbuilding goals , and as identified in the Zero Net Energy (ZNE) Roadmap. TARGET AUDIENCE To include: Municipal facility, energy management, climate planning, and support staff across the region. SCHEDULE The SDREP encompasses various programs and projects implemented in coordination withregional partners. Therefore, each of the specific SDREP programs and projects would be guided by their own individual timeline. BUDGET Regional Collaboration Program Name: Program Budget Item($)(%) Administrative Costs$10,000(per year)10% $50,000 (total) Marketing/Outreach Costs-- Direct Implementation Costs $90,000(per year)90% $450,000 (total) $100,000(per year) Total 100% $500,000 (total) PROGRAMCOMPONENT Partnership Management & Administration DESCRIPTION The program is coordinated and administered by two central City staff members (Manager& Administrative Assistant) to improve efficiency, effectiveness, and communication between all parties. The staff member also serves as a direct contact for SDG&E program managers. GOALS, OBJECTIVES, & DELIVERABLE Support successful implementation of the Chula Vista Local Government 1. Partnership to remain within the proposed timeline and budget. 2016-2021Chula Vista Local Government Partnership 16of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 88 a.Objective–The Partnership Administration team will ensure that all parties are coordinating closely and frequently. i.Deliverable–Organize quarterly coordination meetings to provide updates on implementation progress and next steps. ii.Deliverable–Complete quarterly invoices and reports in addition annual reports and Strategic Plan updates. TARGET AUDIENCE To include: City and SDG&E staff involved in the Chula Vista Local Government Partnership. SCHEDULE Jan‘16–Dec’20-Continuequarterly coordination meetings Jan ‘16 –Dec ’20-Complete quarterly invoices & reports BUDGET Program Name: Partnership Management & Administration Program Budget Item($)(%) Administrative Costs$146,358(per year)100% $731,790(total) Marketing/Outreach Costs-- Direct Implementation Costs-- $146,358(per year) Total100% $731,790(total) 2016-2021Chula Vista Local Government Partnership 17of 17 DraftSOW–06-22-15 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 89 City of Chula Vista Staff Report File#:15-0584, Item#: 4. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZINGTHE REPLACEMENTOFONE(1)VEHICLEFORTHEOPENSPACEINSPECTIONPROGRAMAND APPROPRIATING$50,000TOTHEEQUIPMENTVEHICLEREPLACEMENTFUNDFORTHE PURCHASE OF SUCH A VEHICLE (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY AvehicleassignedtotheOpenSpaceInspectionprograminthePublicWorksDepartmentwas recentlyinvolvedinanincidentwhichdamagedthevehiclebeyondthepointofeconomicalrepair. Therearenofundsappropriatedforthereplacementofthisvehicleinthe2015-16operatingbudget. InorderfortheOpenSpaceInspectorstoperformtheirmissionfortheresidentsofChulaVista,itis necessary to replace the vehicle as soon as possible. ENVIRONMENTAL REVIEW ThisproposedactivityhasbeenreviewedforcompliancewiththeCaliforniaEnvironmentalQuality Act(CEQA)andithasbeendeterminedthattheactivityisnota"Project"asdefinedunderSection 15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysicalchangeinthe environment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,theactivityis not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION AvehicleassignedtoanOpenSpaceInspectorwasrecentlyinvolvedinanincidentinanoff-road situationwhereinthevehiclebecamedamagedtothepointofbeingdeclaredatotalloss.The programdoesnothaveenoughvehiclestoadequatelyperformitsmissionofmanagingopenspace contractsandinspectingopenspacefacilities.Sincenofundswereappropriatedinthe2015-16 fiscalyearcapitalbudgetforthepurposeofreplacingvehiclesinthisprogram,itisnecessaryto appropriatesuchfundsfromtheEquipmentVehicleReplacementFundatthistime,inorderto enable the replacement of this vehicle. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationssection18704.2 (a)(1),isnotapplicabletothisdecision.Staffisnotindependentlyaware,andhasnotbeeninformed byanyChulaVistaCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecision maker conflict of interest in this matter. City of Chula VistaPage 1 of 2Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 90 File#:15-0584, Item#: 4. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisactionsupports thegoalofprovidingHealthyCommunities,ashavingservicevehiclesingoodworkingcondition allows staff to maintain and operate community and neighborhood open space facilities. CURRENT YEAR FISCAL IMPACT SufficientfundsareavailableintheEquipmentVehicleReplacementFund.Staffisrequestingan appropriationof$50,000totheCapitalExpenditurecategoryoftheEquipmentVehicleReplacement Fund budget for the purchase of the vehicle. ONGOING FISCAL IMPACT SincethisisareplacementofanexistingvehicleintheCityfleet,therewillbenoincreaseinfuture operational costs. ATTACHMENTS None. Staff Contact: Steve Dorsey, Fleet Manager, Public Works Operations City of Chula VistaPage 2 of 2Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 91 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE REPLACEMENT OF ONE (1) VEHICLE FOR THE OPEN SPACE INSPECTION PROGRAM AND APPROPRIATING $50,000 TOTHE EQUIPMENT VEHICLE REPLACEMENTFUND FOR THE PURCHASE OF SUCH A VEHICLE (4/5 VOTE REQUIRED). WHEREAS, avehicle assigned to the Open Space Inspectionprogram in the Public Works Department was recently involved in an incident which rendered the vehicle a total financial loss; and WHEREAS, there are no funds appropriated for the replacement of this vehicle in the fiscal year 2015-16 Equipment Replacement Fund; and WHEREAS, this action supports the goal of providing Healthy Communities, as having service vehicles in good working condition allows staff to maintain and operate community and neighborhood open space facilities; and WHEREAS, this proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project"as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary; and WHEREAS, it is necessary to appropriate such funds tothe Equipment Vehicle ReplacementFund at this time, in order to enable the replacement of this vehicle. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes the replacement of one (1) vehicle for the Open Space Inspection program and appropriates $50,000 tothe Equipment Vehicle ReplacementFund’s Capital Expense category. Presented byApproved as to form by Richard A. HopkinsGlen R. Googins Public Works Director/City EngineerCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 92 City of Chula Vista Staff Report File#:15-0594, Item#: 5. A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDINGTHE FISCALYEAR2015/2016CIPBUDGETTOESTABLISHANEWCAPITALIMPROVEMENT PROJECT,“FSTREETPROMENADESTUDY(STL-412)”,ANDAPPROPRIATING$491,000 INACTIVETRANSPORTATIONPROGRAMGRANTFUNDSAND$27,345INMATCHING FUNDSFROMTHEAVAILABLEBALANCEOFTHETRANSNETFUND(4/5VOTE REQUIRED) B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROPRIATING $30,000FROMTHEAVAILABLEBALANCEOFTHETRANSNETFUNDTOCAPITAL IMPROVEMENTPROJECT“BIKELANESONBROADWAYFEASIBILITYSTUDY(STM- 384)” (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolutions. SUMMARY OnMay13,2014,theCityCouncilauthorizedstafftoapplyforfourinfrastructuregrantsanda planninggrantfromtheCaliforniaActiveTransportationProgram.Thisresolutionalsoauthorizedthe PublicWorksDirectorordesigneetoexecuteallgrantagreements.StaffwasnotifiedbytheSan DiegoAssociationofGovernments(SANDAG)thattheCityhadbeenawardedagrantof$491,000 fortheFStreetPromenadeStudy.ThisresolutionwilladdthisprojecttotheFiscalYear2015-16 CapitalImprovementProgram(CIP)andappropriateallfunds.Thesecondresolutionwilladd $30,000 in TransNet funding to the Bike Lanes on Broadway Feasibility Study (STM-384). ENVIRONMENTAL REVIEW Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality actStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION F Street Promenade OnSeptember26,2013,GovernorBrownsignedlegislationcreatingtheActiveTransportation Program(ATP)toencourageincreaseduseofactivemodesoftransportation,suchasbicyclingand walking.ThislegislationconsolidatedseveralFederalandStatetransportationprograms.Theinitial grant application deadline was May 21, 2014. OnMay13,2014,CounciladoptedResolutionNo.2014-072(Attachment1),whichapprovedofthe City of Chula VistaPage 1 of 3Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 93 File#:15-0594, Item#: 5. City’ssubmittaloffourinfrastructuregrantapplicationsandanapplicationfortheFStreet PromenadeStudyfromBayBlvd.toThirdAvenue.TheStudywouldincludethepreparationof preliminarydesignplansforthebeautificationofFStreetandtheenhancementofpedestrian,bicycle andtransitfacilities.TheFStreetapplicationalsoprovidedcertificationforapproximately$27,000in Citymatchingfundstosupplementthegrantrequestfor$491,000.Thesematchingfundswere proposedtobeusedtocoversuppliesandmaterialsforfourcommunityoutreachmeetingsand productionofpreliminaryplans.TheresolutionalsoauthorizedthePublicWorksDirectoror designee to execute all grant agreements if any of these grants were awarded to the City. TheSanDiegoAssociationofGovernments(SANDAG)administerstheATPgrantsintheSanDiego area.InJune2015,allapplicantsfortheATPgrantswerenotifiedoftheresultsoftheapplication rankingprocess.TheCity’sFStreetPromenadeStudy(STL-412)wasrecommendedforfunding. TherecommendationsweresubsequentlyadoptedbytheSANDAGBoardofDirectorsonJuly24, 2015. Allrelevantdocuments(Attachments1and2)havebeenexecuted,asauthorizedbyResolutionNo. 2014-072.ThisprojectmustbeaddedtotheFiscalYear2015-16CIPandfundingmustbe appropriated.SANDAGstaffhasincludedthegrantamountof$491,000intheRegional TransportationImprovementProgram(RTIP)underprojectnumberCHV76.Citystaffwillneedto amendtheRTIPinordertoincludetheCitycontributionof$27,345fortheproject.Thematching CitycontributionwillbefromtheTransNetFund.TheprojectmustbecompletedbyAugust14, 2018. Bike Lanes on Broadway To conduct additional outreach to businesses along the corridor and to the public, $30,000 of additional funds are required to cover the costs for additional staff time required to complete this project. TransNet funds are available for this purpose. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundnopropertyholdings within500feetoftheboundariesofthepropertieswhicharethesubjectofthisaction.Consequently, theseitemsdonotpresentanydisqualifyingrealproperty-relatedfinancialconflictofinterestunder CaliforniaCodeofRegulationsTitle2,section18702.2(a)(11)forpurposesofthePoliticalReformAct (Cal. Gov't Code § 87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in these matters. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.TheFStreet PromenadeStudysupportstheEconomicVitalitygoalasitidentifieswaystoimprovethe appearanceandwalkabilityofFStreetandthusitsattractivenesstopotentialdevelopers.TheBike LanesonBroadwayStudysupportstheConnectedCommunityGoal,sinceexpandedbicycle facilitiesonBroadwaywillimprovethelinkageofnon-motorizedtransportationinwesternChula Vista. City of Chula VistaPage 2 of 3Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 94 File#:15-0594, Item#: 5. CURRENT YEAR FISCAL IMPACT ApprovalofthefirstresolutionwillresultintheestablishmentofanewCIP,STL-412,andappropriate $491,000inActiveTransportationProgramGrantfundsand$27,345fromtheavailablebalanceof theTransNetFundtoSTL-412.TheavailabilityofmatchingfundswascertifiedbyResolutionNo. 2014-072. Approval of the second resolution will result in the appropriation of $30,000 from the TransNet fund to STM-384. There are sufficient TransNet funds available for this appropriation. ONGOING FISCAL IMPACT It is expected that various infrastructure improvements will be included in the recommendations of these studies. There is no ongoing maintenance for these projects as they are planning studies. ATTACHMENTS 1.Resolution No. 2014-072 2.Grant Agreement 5004634 Staff Contact: Elizabeth Chopp, Senior Civil Engineer City of Chula VistaPage 3 of 3Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 95 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2015-16 CIP BUDGET TOESTABLISH A NEW CAPITAL IMPROVEMENT PROJECT,“F STREET PROMENADE STUDY (STL- 412)”,AND APPROPRIATING $491,000 IN ACTIVE TRANSPORTATION PROGRAM GRANT FUNDSAND $27,345 IN MATCHING FUNDS FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND(4/5 VOTE REQUIRED) WHEREAS,the Active Transportation Program (ATP) was created to encourage increased use of active modes of transportation, such as bicycling and walking. The initial grant application deadline was May 21, 2014; and WHEREAS, Council adopted Resolution No. 2014-072 on May 13, 2014, which approved the submittal of four infrastructure grant applications and one planning application for the F Street Promenade Study. The resolution authorized the Director of Public Works or designee to execute all grant documents. The contribution of $27,000 in matching funds for the F Street Study was also certified; and WHEREAS, on July 24,2015 the San Diego Association of Governments (SANDAG) Board of Directors approved a list of projects to receive ATP grant funding. The F Street Promenade Study was included on that list; and WHEREAS, SANDAG Grant Agreement 5004634 was executed on August14, 2015. This included acceptance of $491,000 in ATP grant funding and the contribution of $27,345 in matching funds from the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the Fiscal Year 2015-16 CIPbudgetto establish a new Capital Improvement Project,“F Street Promenade Study (STL-412)”,and appropriate $491,000 in Active Transportation Program Grant fundsand $27,345 in matching funds from the TransNet Fundfrom the CIP Expense Categories of said funds to Capital Improvement program STL-412. Presented byApproved as to form by Richard A. HopkinsGlen R. Googins Director of Public WorksCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 96 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING$30,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO CAPITAL IMPROVEMENT PROJECT“BIKE LANES ON BROADWAY FEASIBILITY STUDY(STM-384)” (4/5 VOTE REQUIRED) WHEREAS, the Fiscal Year 2014-15 Capital Improvement Program (CIP) approved $65,000for the first year to fund the “Bike Lanes on Broadway Feasibility Study (STM384)”; and WHEREAS, since staff had determined that it was too early to fund construction of bike lanes on Broadway, no funds were added in Fiscal Year 2015-16 for this project; and WHEREAS, due to the extensive public outreach efforts required for this project, additional funds are needed. Staff recommends the appropriation of an additional $30,000 from the City TransNet allocation; and WHEREAS, there is sufficient fundingavailable in TransNet project CHV53, Bikeway Master Plans, to cover the appropriation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the Fiscal Year 2015-16 CIPbudget, and approves a revenue offset appropriation of$30,000 from the CIP expense category of the TransNet Fund to Capital Improvement Project “Bike Lanes on Broadway Feasibility Study (STM-384)”. PresentedbyApproved as to form by Richard A. HopkinsGlen R. Googins Director of Public WorksCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 97 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 98 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 99 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 100 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 101 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 102 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 103 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 104 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 105 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 106 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 107 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 108 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 109 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 110 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 111 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 112 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 113 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 114 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 115 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 116 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 117 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 118 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 119 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 120 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 121 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 122 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 123 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 124 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 125 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 126 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 127 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 128 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 129 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 130 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 131 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 132 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 133 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 134 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 135 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 136 City of Chula Vista Staff Report File#:15-0422, Item#: 6. A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDINGTHE COMPENSATIONSCHEDULEANDCLASSIFICATIONPLANTOREFLECTTHEADDITION ANDREMOVALOFVARIOUSPOSITIONTITLES,AMENDINGTHEAUTHORIZED POSITIONCOUNTINVARIOUSDEPARTMENTSWITHNONETCHANGEIN AUTHORIZEDSTAFFING,ANDAPPROPRIATINGFUNDSTHEREFOR(4/5VOTE REQUIRED) B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE REVISEDFISCALYEAR2015/2016COMPENSATIONSCHEDULEEFFECTIVE DECEMBER25,2015ASREQUIREDBYCALIFORNIACODEOFREGULATIONS,TITLE2, SECTION 570.5 C.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE REVISEDFISCALYEAR2015/2016COMPENSATIONSCHEDULEEFFECTIVEJANUARY 8,2016ASREQUIREDBYCALIFORNIACODEOFREGULATIONS,TITLE2,SECTION 570.5 D.ORDINANCEOFTHECITYOFCHULAVISTAAMENDINGCHULAVISTAMUNICIPAL CODESECTION2.05.010RELATINGTOTHEESTABLISHMENTOFUNCLASSIFIED POSITIONSTOADDCHIEFSUSTAINABILITYOFFICER(FIRSTREADING)(4/5VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolutions and place the ordinance on first reading. SUMMARY InanefforttoaddresstheneedsofvariousdepartmentsandtheCity'sworkforce,theHuman ResourcesDepartment,inconjunctionwiththeaffecteddepartments,isproposingthereclassification ofcertainpositionsandtheadditionofvariousnewclassifications.Additionally,toensurecompliance withtheStateofCalifornia'sminimumwagelaweffectiveJanuary1,2016,staffisproposingasalary adjustment for certain unclassified hourly positions. Finally,asrequiredbyCaliforniaCodeofRegulations,Title2,Section570.5,approvalof modificationstothe2015-2016CompensationSummaryissoughttoreflectsalarychangesdueto stateminimumwageincreasesandsalaryadjustmentssetforthinthePOAMOUandthe City of Chula VistaPage 1 of 4Printed on 12/11/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 137 File#:15-0422, Item#: 6. Unrepresented Group Salary Summary for Executives and Senior Managers. ENVIRONMENTAL REVIEW Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. BOARD/COMMISSION RECOMMENDATION TheCivilServiceCommissionadoptedtheamendmenttotheclassificationplan,subjecttothefinal approval of the City Council, at their December 3, 2015 meeting. DISCUSSION CivilServiceRule1.02(A),whichappliestotheCity’sclassifiedpositions,providesfornecessary reviewsandchangessothattheCity’sclassificationplaniskeptcurrent,andthatchangesinexisting classes,theestablishmentofnewclassesortheabolitionofclassesareproperlyreflectedinthe classification plan. InanefforttoaddresstheneedsofvariousdepartmentsandtheCity'sworkforce,theHuman ResourcesDepartmentisproposingvariousnewclassificationsandthereclassificationofcertain positions. The following identifies the affected positions, departments and proposed changes. Summary of Proposed New Classifications and Updated Classifications City of Chula VistaPage 2 of 4Printed on 12/11/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 138 File#:15-0422, Item#: 6. InSeptember2013,theCaliforniaLegislatureenactedlegislationsignedbytheGovernorof California,whichincludedraisingtheminimumwageto$10.00effectiveJanuary1,2016.Toensure compliancewiththeState'sminimumwagelawandtomaintaintheexistingsalarytieswithinthe hourlyRecreationclassificationseries,staffisproposingasalaryadjustmentforthefollowing unclassified hourly positions effective December 25, 2015. CaliforniaCodeofRegulations,Title2,Section570.5requiresthat,forpurposesofdetermininga retiringemployee'spensionallowance,thepayratebelimitedtotheamountlistedonapayschedule thatmeetscertainrequirementsandbeapprovedbythegoverningbodyinaccordancewiththe requirementsoftheapplicablepublicmeetinglaws.TheFiscalYear2015-2016Compensation Schedule("CompensationSchedule")waslastapprovedbytheCityCouncilattheirmeetingof November10,2015.ApprovalofResolutionBwillapprovetherevisedCompensationScheduleto reflecttheadditionoftheChiefSustainabilityOfficer,ConservationSpecialistII,SeniorConservation SpecialistandSeniorRecyclingSpecialist;thechangeinbargainingunitdesignationforPrincipal HumanResourcesAnalyst;thescheduledsalaryadjustmenteffectiveDecember25,2015for positionsintheExecutiveandSeniorManagementemployeegroups;andthesalaryadjustmentfor Recreation Aide, Recreation Leader I, Recreation Leader II, and Recreation Specialist. ApprovalofResolutionCwillapprovetherevisedCompensationScheduletoreflectthescheduled salaryadjustmenteffectiveJanuary8,2016forpositionsrepresentedbytheChulaVistaPolice Officers' Association. Lastly,ChulaVistaMunicipalCodeSection2.05.010alsoneedstobeupdatedtoreflecttheposition changesimpactingtheunclassifiedpositions.ChulaVistaCityCharterSection500requiresthatall unclassifiedpositionsnotmentionedspecificallyinCharterSection500beadoptedbyordinance. Adoption of the ordinance will add the position title of Chief Sustainability Officer. DECISION-MAKER CONFLICT Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or clericalinnatureand,assuch,doesnotrequiretheCityCouncilmemberstomakeorparticipatein makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18702.4 (a).Consequently,thisitemdoesnotpresentaconflictunderthePoliticalReformAct(Cal.Gov't Code§87100,etseq.).Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCity Councilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictofinterest in this matter. City of Chula VistaPage 3 of 4Printed on 12/11/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 139 File#:15-0422, Item#: 6. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thereclassifications andproposednewclassificationssupporttheCity-widestrategicgoalofOperationalExcellenceby providingmoreaccuratepositiontitlesthatbetterreflecttheneedsoftheCity’sworkforce. Furthermore,approvaloftherevisedFiscalYear2015-2016CompensationScheduleanditsposting ontheCity'sinternetwebsitesupportsthegoalofOperationalExcellenceasitenhancesdisclosure andtransparencyofemployeecompensationand,asaresult,fosterspublictrustthroughanopen and ethical government. CURRENT YEAR FISCAL IMPACT Staffrecommendsanappropriationof$5,940totheEnvironmentalServicesFund’sPersonnel Servicesexpensecategoryinordertoreflecttheproposedstaffingchanges.Thisappropriationwill be made from the available fund balance of the Environmental Services Fund. TheproposedchangesintheHumanResourcesandFiredepartmentshavenofiscalimpact.The proposedchangeintheCityClerkDepartmentdoeshaveacostbutthiscostwillbeoffsetthrough unanticipatedsalarysavingsinthecurrentfiscalyear;nobudgetchangesareneededasaresultof this change. TheproposedchangesforthevarioushourlypositionsintheRecreationDepartmenthavean estimatedfiscalimpactofapproximately$4,000inthecurrentfiscalyear.Staffwillmonitorthe impactofthischangeandmayreturntoCouncilaspartofthequarterlyfinancialreporttorequesta budget amendment if one is needed. The remaining changes do have a fiscal impact in the current fiscal year. ONGOING FISCAL IMPACT Theongoingsalarycostsassociatedwiththesepositionswillbeincorporatedintothebaselinesalary budgetsforfiscalyear2016-17oftherespectivedepartmentsandbeconsideredbytheCityCouncil as part of the normal budget adoption process. ATTACHMENTS 1.Revised Fiscal Year 2015-2016 Compensation Schedule Effective December 25, 2015 2.Revised Fiscal Year 2015-2016 Compensation Schedule Effective January 8, 2016 Staff Contact: Courtney Chase City of Chula VistaPage 4 of 4Printed on 12/11/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 140 Fiscal Year 2015-2016 Compensation Schedule Effective June 26, 2015 Hourly RateBi-Weekly Rate POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E ACCOUNTANT3633CONF$31.92$33.52$35.20$36.95$38.80$2,553.84$2,681.54$2,815.61$2,956.39$3,104.21 ACCOUNTING ASSISTANT3641CVEA$19.53$20.50$21.53$22.60$23.73$1,562.12$1,640.23$1,722.24$1,808.35$1,898.77 ACCOUNTING ASSISTANT (HRLY)3640UCHR$19.53$20.50$21.53$22.60$23.73$1,562.13$1,640.23$1,722.25$1,808.35$1,898.77 ACCOUNTING TECH (HOURLY)3676UCHR$24.70$25.94$27.23$28.59$30.02$1,976.09$2,074.90$2,178.63$2,287.57$2,401.95 ACCOUNTING TECHNICIAN3643CONF$24.70$25.94$27.23$28.59$30.02$1,976.09$2,074.89$2,178.64$2,287.57$2,401.95 ACCOUNTING TECHNICIAN3675CVEA$24.70$25.94$27.23$28.59$30.02$1,976.09$2,074.89$2,178.64$2,287.57$2,401.94 ACCOUNTS PAYABLE SUPERVISOR3645CVEA$28.41$29.83$31.32$32.88$34.53$2,272.50$2,386.13$2,505.44$2,630.70$2,762.24 ADMIN SECRETARY (MAYOR,ATWILL)0154CONF$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.31$2,234.73$2,346.46 ADMIN SERVICES MANAGER0215SM$43.72------$53.14$3,497.53------$4,251.27 ADMINISTRATIVE SECRETARY0149CONF$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.31$2,234.73$2,346.46 ADMINISTRATIVE SECRETARY0179CVEA$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.31$2,234.73$2,346.46 ADMINISTRATIVE TECH (HOURLY)0127UCHR$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.31$2,234.73$2,346.46 ADMINISTRATIVE TECHNICIAN0147CONF$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.31$2,234.73$2,346.46 ADMINISTRATIVE TECHNICIAN0181CVEA$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.31$2,234.73$2,346.46 ANIMAL ADOPTION COUNSELOR5310CVEA$20.88$21.92$23.02$24.17$25.38$1,670.45$1,753.97$1,841.68$1,933.76$2,030.44 ANIMAL CARE AIDE (HRLY)5316UCHR$11.32$11.91$12.55$13.20$13.90$905.56$953.01$1,003.78$1,056.21$1,111.98 ANIMAL CARE FAC ADMINISTRATOR5327SM$50.94$53.49$56.16$58.97$61.92$4,075.15$4,278.90$4,492.84$4,717.49$4,953.36 ANIMAL CARE SPECIALIST5343CVEA$17.51$18.38$19.30$20.27$21.28$1,400.70$1,470.74$1,544.28$1,621.49$1,702.56 ANIMAL CARE SPECIALIST (HRLY)5344UCHR$17.51$18.38$19.30$20.27$21.28$1,400.70$1,470.74$1,544.27$1,621.49$1,702.57 ANIMAL CARE SUPERVISOR5319CVEA$24.31$25.53$26.81$28.15$29.55$1,945.04$2,042.29$2,144.40$2,251.63$2,364.20 ANIMAL CONTROL OFFICER5303CVEA$21.01$22.06$23.16$24.32$25.54$1,680.84$1,764.88$1,853.13$1,945.78$2,043.07 ANIMAL CONTROL OFFICER (HRLY)5305UCHR$21.01$22.06$23.16$24.32$25.54$1,680.83$1,764.88$1,853.12$1,945.78$2,043.07 ANIMAL CTRL OFFCR SUPERVISOR5304CVEA$24.16$25.37$26.64$27.97$29.37$1,932.95$2,029.61$2,131.09$2,237.64$2,349.53 ANIMAL SERVICES SPECIALIST5309CVEA$19.10$20.06$21.06$22.11$23.22$1,528.03$1,604.44$1,684.66$1,768.89$1,857.34 APPLICATIONS SUPP SPEC HRLY3078UCHR$32.53$34.16$35.87$37.66$39.54$2,602.54$2,732.67$2,869.29$3,012.76$3,163.40 APPLICATIONS SUPPORT MANAGER3083MM$40.56$42.58$44.71$46.95$49.30$3,244.49$3,406.72$3,577.06$3,755.91$3,943.70 AQUARIST7741CVEA$21.75$22.84$23.98$25.18$26.44$1,739.91$1,826.91$1,918.25$2,014.16$2,114.87 AQUATIC SUPERVISOR I7579CVEA$22.31$23.42$24.59$25.82$27.11$1,784.42$1,873.63$1,967.31$2,065.68$2,168.97 AQUATIC SUPERVISOR II7577CVEA$24.54$25.76$27.05$28.40$29.82$1,962.85$2,061.00$2,164.05$2,272.25$2,385.86 AQUATIC SUPERVISOR III7575CVEA$28.22$29.63$31.11$32.66$34.30$2,257.28$2,370.15$2,488.66$2,613.09$2,743.75 ASSISTANT CITY CLERK2210SM$36.95$38.79$40.73$42.77$44.91$2,955.82$3,103.60$3,258.79$3,421.72$3,592.80 ASSISTANT DIR OF DEV SERVICES4040SM$64.42------$78.30$5,153.44------$6,264.04 ASSOC ACCOUNTANT3635CONF$35.12$36.87$38.71$40.65$42.68$2,809.21$2,949.68$3,097.16$3,252.02$3,414.62 ASSOC ENGINEER6017WCE$38.45$40.37$42.39$44.51$46.73$3,075.77$3,229.56$3,391.03$3,560.59$3,738.61 ASSOC LAND SURVEYOR6287WCE$38.45$40.37$42.39$44.51$46.73$3,075.77$3,229.56$3,391.03$3,560.58$3,738.61 ASSOC PLAN CHECK ENGINEER4747WCE$38.45$40.37$42.39$44.51$46.73$3,075.77$3,229.56$3,391.03$3,560.58$3,738.61 ASSOC PLANNER4437CVEA$31.65$33.24$34.90$36.64$38.47$2,532.19$2,658.80$2,791.74$2,931.32$3,077.89 ASSOC PLANNER (HOURLY)4438UCHR$31.65$33.24$34.90$36.64$38.47$2,532.19$2,658.80$2,791.73$2,931.32$3,077.89 ASST CHIEF OF POLICE5011SM$63.19------$76.81$5,055.31------$6,144.76 ASST CITY ATTORNEY2405SM$67.47$70.84$74.39$78.06$82.01$5,397.58$5,667.46$5,950.84$6,245.07$6,560.80 ASST CITY MANAGER/ADMIN2707EXEC$87.29------$105.45$6,983.53------$8,435.75 ASST DIR HUMAN RESOURCES3304SM$58.77------$70.53$4,701.74------$5,642.09 ASST DIR OF DEV SVCS (INTERIM)4044SM$64.42--$70.89--$78.30$5,153.44--$5,671.54--$6,264.04 ASST DIR OF FINANCE3604SM$58.42------$70.53$4,673.34------$5,642.09 ASST DIR OF PUBLIC WORKS6322SM$58.42----$68.96$70.53$4,673.34----$5,517.17$5,642.09 ASST DIR OF RECREATION7401SM$48.26------$58.66$3,860.47------$4,692.43 ASST DIRECTOR OF ENGINEERING6008SM$58.42------$70.53$4,673.34------$5,642.09 ASST ENGINEER6015WCE$33.43$35.10$36.86$38.70$40.64$2,674.58$2,808.31$2,948.72$3,096.17$3,250.97 ASST LAND SURVEYOR6289WCE$33.43$35.10$36.86$38.70$40.64$2,674.58$2,808.31$2,948.72$3,096.16$3,250.97 ASST PLAN CHECK ENGINEER4749WCE$33.43$35.10$36.86$38.70$40.64$2,674.58$2,808.30$2,948.73$3,096.16$3,250.96 ASST PLANNER4439CVEA$28.77$30.21$31.72$33.31$34.98$2,301.98$2,417.08$2,537.94$2,664.84$2,798.09 AUTOMATED FINGERPRINT TECH5123CVEA$19.10$20.06$21.06$22.11$23.22$1,528.04$1,604.44$1,684.65$1,768.89$1,857.34 BENEFITS MANAGER3404MMCF$43.09$45.24$47.50$49.88$52.37$3,446.87$3,619.21$3,800.17$3,990.18$4,189.70 BENEFITS TECHNICIAN HOURLY3400UCHR$22.39$23.51$24.69$25.92$27.22$1,791.39$1,880.96$1,975.01$2,073.76$2,177.44 BLDG PROJECT MANAGER6412PROF$38.49$40.42$42.44$44.56$46.79$3,079.37$3,233.33$3,395.00$3,564.75$3,742.99 BUDGET & ANALYSIS MANAGER2222SM$54.69------$66.00$4,375.46------$5,280.02 BUILDING INSPECTION MGR4769MM$40.54$42.56$44.69$46.92$49.27$3,242.84$3,404.97$3,575.22$3,753.99$3,941.69 BUILDING INSPECTOR I4771CVEA$27.86$29.26$30.72$32.24$33.87$2,229.13$2,340.59$2,457.62$2,579.32$2,709.52 BUILDING INSPECTOR II4773CVEA$30.65$32.18$33.79$35.48$37.26$2,452.05$2,574.66$2,703.39$2,838.56$2,980.49 BUILDING INSPECTOR II HRLY4774UCHR$30.65$32.18$33.79$35.48$37.26$2,452.05$2,574.66$2,703.39$2,838.56$2,980.49 BUILDING INSPECTOR III4775CVEA$33.72$35.40$37.17$39.03$40.98$2,697.26$2,832.12$2,973.73$3,122.41$3,278.53 BUILDING OFFICIAL/CODE ENF MGR4780SM$61.35------$74.57$4,908.03------$5,965.75 BUSINESS LICENSE REP4505CVEA$19.53$20.50$21.53$22.60$23.73$1,562.12$1,640.23$1,722.24$1,808.35$1,898.77 CARPENTER6444CVEA$24.31$25.53$26.81$28.15$29.55$1,945.19$2,042.45$2,144.58$2,251.80$2,364.39 Approved and Adopted: Resolution No.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 141 Fiscal Year 2015-2016 Compensation Schedule Effective June 26, 2015 Hourly RateBi-Weekly Rate POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E CBAG DEPUTY DIRECTOR SD LECC5269SM$45.09----$52.19$54.80$3,606.94----$4,175.48$4,384.26 CBAG DEPUTY EXECUTIVE DIRECTOR5273SM$46.68------$58.46$3,734.34------$4,676.66 CBAG EXECUTIVE DIRECTOR5272EXEC$54.91--$60.54--$68.76$4,392.69--$4,842.94--$5,501.14 CBAG PROGRAM MANAGER5285MM$45.08$47.34$49.70$52.19$54.80$3,606.59$3,786.91$3,976.26$4,175.07$4,383.83 CHIEF OF POLICE5001EXEC$81.77----$97.32$99.39$6,541.22----$7,785.95$7,950.91 CHIEF OF STAFF2011MMUC$29.84$31.34$32.90$34.55$36.28$2,387.49$2,506.87$2,632.21$2,763.82$2,902.02 CHIEF SUSTAINABILITY OFFICER2729SM$58.42----$68.96$70.53$4,673.34----$5,517.17$5,642.09 CITY ATTORNEY (ELECTED)2400CATY--------$90.89--------$7,270.81 CITY CLERK2201CCLK--------$70.06--------$5,604.53 CITY ENGINEER6010SM$58.83------$71.51$4,706.70------$5,721.01 CITY MANAGER2710CMGR--------$116.37--------$9,309.26 CIVIL BCKGRND INVEST (HOURLY)5430UCHR$23.11$24.27$25.48$26.75$28.09$1,848.92$1,941.37$2,038.43$2,140.35$2,247.38 CIVILIAN BACKGROUND INVEST5429CVEA$23.11$24.27$25.48$26.75$28.09$1,848.92$1,941.37$2,038.43$2,140.35$2,247.37 CIVILIAN POLICE INVESTIGATOR5431UCHR$25.79$27.08$28.43$29.85$31.35$2,063.15$2,166.32$2,274.63$2,388.36$2,507.78 CLERICAL AIDE0241UCHR$10.55$11.07$11.63$12.21$12.82$843.66$885.84$930.14$976.64$1,025.47 CODE ENF OFFICER I4777CVEA$24.20$25.41$26.68$28.02$29.42$1,936.25$2,033.05$2,134.72$2,241.45$2,353.52 CODE ENF OFFICER I (HOURLY)4776UCHR$24.20$25.41$26.68$28.02$29.42$1,936.25$2,033.05$2,134.72$2,241.45$2,353.53 CODE ENF OFFICER II4779CVEA$26.62$27.95$29.35$30.82$32.36$2,129.87$2,236.37$2,348.19$2,465.59$2,588.87 CODE ENF OFFICER II (HOURLY)4778UCHR$26.62$27.95$29.35$30.82$32.36$2,129.87$2,236.36$2,348.19$2,465.60$2,588.88 CODE ENFORCEMENT TECHNICIAN4789CVEA$21.05$22.10$23.20$24.36$25.58$1,683.70$1,767.88$1,856.27$1,949.09$2,046.54 COLLECTIONS SUPERVISOR3683MM$33.65$35.34$37.10$38.96$40.91$2,692.22$2,826.83$2,968.18$3,116.59$3,272.41 COMMUNICATION SYSTEM MGR5161MM$29.73$31.21$32.77$34.41$36.13$2,378.22$2,497.13$2,621.99$2,753.09$2,890.74 COMMUNITY SERV OFFICER5141CVEA$19.10$20.06$21.06$22.11$23.22$1,528.03$1,604.44$1,684.66$1,768.89$1,857.34 CONSERVATION SPECIALIST I6200CVEA$22.00$23.10$24.26$25.47$26.74$1,760.22$1,848.23$1,940.64$2,037.68$2,139.57 CONSERVATION SPECIALIST II6202CVEA$24.20$25.41$26.68$28.02$29.42$1,936.25$2,033.05$2,134.72$2,241.45$2,353.52 CONSTITUENT SERVICES MANAGER2038PRUC$27.43$28.80$30.24$31.75$33.34$2,194.45$2,304.17$2,419.37$2,540.35$2,667.36 CONSTRUCTION & REPAIR SUPVSR6427CVEA$33.76$35.45$37.23$39.09$41.04$2,701.14$2,836.20$2,978.01$3,126.91$3,283.26 COUNCIL ASSISTANT2023UCHR$22.91$24.06$25.26$26.52$27.85$1,832.86$1,924.50$2,020.73$2,121.76$2,227.85 COUNCILPERSON2003CL--------$23.99--------$1,919.49 CRIME LABORATORY MANAGER5101MM$43.58$45.76$48.04$50.45$52.97$3,486.24$3,660.56$3,843.59$4,035.77$4,237.55 CULTURAL ARTS PROGRAM MGR4435PROF$36.52$38.35$40.27$42.28$44.39$2,921.75$3,067.83$3,221.23$3,382.29$3,551.41 CUSTODIAL SUPERVISOR6667CVEA$22.34$23.46$24.63$25.86$27.15$1,787.13$1,876.49$1,970.31$2,068.82$2,172.27 CUSTODIAN6661CVEA$17.66$18.54$19.47$20.44$21.47$1,412.75$1,483.38$1,557.55$1,635.43$1,717.20 CUSTODIAN (HOURLY)6662UCHR$17.66$18.54$19.47$20.44$21.47$1,412.74$1,483.39$1,557.55$1,635.43$1,717.20 DELIVERY DRIVER7191CVEA$16.19$17.00$17.85$18.74$19.68$1,295.02$1,359.77$1,427.76$1,499.15$1,574.11 DELIVERY DRIVER (HOURLY)7192UCHR$16.19$17.00$17.85$18.74$19.68$1,295.02$1,359.77$1,427.76$1,499.15$1,574.10 DEP CITY MANAGER2705EXEC$90.29------$99.55$7,223.45------$7,963.85 DEPUTY CITY ATTORNEY I2410PRUC$40.33$42.34$44.46$46.68$49.02$3,226.12$3,387.42$3,556.79$3,734.63$3,921.36 DEPUTY CITY ATTORNEY II2408PRUC$48.39$50.81$53.35$56.02$58.82$3,871.33$4,064.90$4,268.15$4,481.55$4,705.63 DEPUTY CITY ATTY III2411SM$60.74$63.77$66.96$70.31$73.82$4,858.83$5,101.77$5,356.86$5,624.70$5,905.90 DEPUTY CITY CLERK I2245PRUC$24.94$26.18$27.49$28.87$30.31$1,994.95$2,094.69$2,199.43$2,309.40$2,424.86 DEPUTY CITY CLERK II2243PRUC$27.43$28.80$30.24$31.75$33.34$2,194.44$2,304.16$2,419.37$2,540.34$2,667.36 DEPUTY FIRE CHIEF5505SM$60.72------$73.81$4,857.83------$5,904.72 DEPUTY FIRE CHIEF (INTERIM)5504SM$60.72------$73.81$4,857.83------$5,904.72 DETENTION FACILITY MANAGER5130MM$43.58$45.76$48.04$50.45$52.97$3,486.24$3,660.56$3,843.59$4,035.77$4,237.55 DEVELOPMENT SERVICES TECH I4542CVEA$19.91$20.90$21.95$23.05$24.20$1,592.66$1,672.29$1,755.91$1,843.70$1,935.89 DEVELOPMENT SVCS DEPT DIR4039EXEC$75.39----$90.19$91.64$6,030.87----$7,214.88$7,331.54 DEVELOPMENT SVCS TECH II4541CVEA$21.90$22.99$24.14$25.35$26.62$1,751.93$1,839.52$1,931.50$2,028.07$2,129.48 DEVELOPMENT SVCS TECH III4543CVEA$25.18$26.44$27.77$29.15$30.61$2,014.71$2,115.45$2,221.22$2,332.28$2,448.90 DEVLPMENT SVCS TECH II (HRLY)4544UCHR$21.90$22.99$24.14$25.35$26.62$1,751.92$1,839.53$1,931.50$2,028.07$2,129.48 DEVLPMT SVCS COUNTER MGR4547MM$42.04$44.14$46.35$48.66$51.10$3,363.03$3,531.18$3,707.74$3,893.13$4,087.79 DIR OF ECON DEVELOPMENT2734EXEC$70.53------$85.07$5,642.50------$6,805.71 DIR OF ENG/CITY ENGINEER6006EXEC$66.80------$81.20$5,344.15------$6,495.85 DIR OF FINANCE3601EXEC$75.93--$85.07--$91.63$6,074.29--$6,805.73--$7,330.56 DIR OF HUMAN RESOURCES3303EXEC$65.89------$80.09$5,271.23------$6,407.22 DIR OF INFO TECH SVCS3001EXEC$65.89--$72.64--$80.09$5,271.23--$5,811.54--$6,407.22 DIR OF LIBRARY7002EXEC$70.53------$85.07$5,642.50------$6,805.70 DIR OF PUBLIC WORKS6320EXEC$74.72--$88.09--$91.63$5,977.82--$7,047.51--$7,330.56 DIR OF RECREATION7405EXEC$60.92$63.97$67.17$70.53$74.05$4,873.84$5,117.53$5,373.41$5,642.08$5,924.19 DIR OF REDEVLPMENT & HOUSING4201EXEC$66.80------$81.20$5,344.15------$6,495.85 ELECTRICIAN6438CVEA$25.53$26.81$28.15$29.56$31.03$2,042.46$2,144.58$2,251.81$2,364.40$2,482.62 ELECTRONIC/EQUIP INSTALLER6492CVEA$23.21$24.37$25.59$26.87$28.21$1,856.78$1,949.62$2,047.10$2,149.45$2,256.93 ELECTRONICS TECH SUPERVISOR6472CVEA$32.30$33.91$35.61$37.39$39.26$2,583.76$2,712.95$2,848.60$2,991.03$3,140.58 ELECTRONICS TECHNICIAN6475CVEA$28.08$29.49$30.96$32.51$34.14$2,246.75$2,359.09$2,477.04$2,600.89$2,730.94 EMERGENCY SRVCS COORD (HRLY)5565UCHR$35.60$37.38$39.25$41.21$43.27$2,848.15$2,990.55$3,140.08$3,297.08$3,461.94 EMERGENCY SVCS COORDINATOR5564PROF$36.31$38.13$40.04$42.04$44.14$2,905.11$3,050.36$3,202.88$3,363.03$3,531.18 Approved and Adopted: Resolution No.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 142 Fiscal Year 2015-2016 Compensation Schedule Effective June 26, 2015 Hourly RateBi-Weekly Rate POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E EMS NURSE COORDINATOR5567PROF$45.93$48.23$50.64$53.17$55.83$3,674.62$3,858.35$4,051.27$4,253.83$4,466.52 ENGINEERING TECH I6081CVEA$24.23$25.44$26.71$28.05$29.45$1,938.37$2,035.30$2,137.06$2,243.92$2,356.11 ENGINEERING TECH II6071CVEA$26.65$27.99$29.38$30.85$32.40$2,132.22$2,238.83$2,350.77$2,468.31$2,591.72 ENVIRON SUSTAINABILITY MGR6207MM$45.66$47.94$50.34$52.85$55.50$3,652.54$3,835.17$4,026.92$4,228.27$4,439.68 ENVIRONMENTAL HLTH SPECIALIST6129CVEA$32.04$33.65$35.33$37.09$38.95$2,563.51$2,691.69$2,826.27$2,967.59$3,115.97 ENVIRONMENTAL RESOURCE SPEC4464CVEA$32.04$33.65$35.33$37.09$38.95$2,563.51$2,691.69$2,826.27$2,967.59$3,115.97 ENVIRONMENTAL SERVICES MGR6205MM$45.66$47.94$50.34$52.85$55.50$3,652.54$3,835.17$4,026.92$4,228.27$4,439.68 EQUIPMENT MAINTENANCE MANAGER6505MM$35.97$37.77$39.65$41.64$43.72$2,877.39$3,021.26$3,172.32$3,330.93$3,497.48 EQUIPMENT MECHANIC6542CVEA$24.09$25.30$26.56$27.89$29.28$1,927.36$2,023.73$2,124.91$2,231.16$2,342.72 EQUIPMENT OPERATOR6361CVEA$25.64$26.92$28.27$29.68$31.17$2,051.31$2,153.88$2,261.57$2,374.65$2,493.38 EVIDENCE CONTROL ASST (HRLY)5117UCHR$18.73$19.66$20.65$21.68$22.76$1,498.08$1,572.98$1,651.63$1,734.21$1,820.92 EXECUTIVE SECRETARY0187CONF$29.20$30.66$32.19$33.80$35.49$2,335.83$2,452.62$2,575.25$2,704.02$2,839.22 EXECUTIVE SECRETARY (HOURLY)0188UCHR$28.63$30.06$31.56$33.14$34.79$2,290.03$2,404.53$2,524.76$2,650.99$2,783.55 FA ACCOUNTING TECHNICIAN5270CONF$24.70$25.94$27.23$28.59$30.02$1,976.09$2,074.89$2,178.64$2,287.57$2,401.95 FA ADMIN ANALYST I5297CONF$27.13$28.49$29.91$31.41$32.98$2,170.45$2,278.96$2,392.92$2,512.56$2,638.20 FA ADMIN ANALYST II5296CONF$29.84$31.34$32.90$34.55$36.28$2,387.50$2,506.88$2,632.21$2,763.82$2,902.02 FA ANALYST5277CONF$20.73$21.77$22.86$24.00$25.20$1,658.60$1,741.53$1,828.60$1,920.03$2,016.03 FA DIRECTOR OF SD LECC5274SM$57.30------$68.76$4,584.28------$5,501.13 FA EXECUTIVE ASSISTANT5286CONF$26.56$27.89$29.28$30.75$32.29$2,124.96$2,231.20$2,342.76$2,459.90$2,582.90 FA FINANCIAL MANAGER5493MMUC$44.53$46.76$49.09$51.55$54.12$3,562.30$3,740.41$3,927.43$4,123.80$4,329.99 FA GEOSPATIAL INTEL ANALYST5439PRUC$38.65$40.58$42.61$44.74$46.98$3,091.77$3,246.38$3,408.70$3,579.13$3,758.09 FA GRAPHIC DESIGNER/WBMSTR5289CONF$28.06$29.47$30.94$32.49$34.11$2,245.17$2,357.43$2,475.14$2,599.07$2,729.02 FA INFO SECURITY PROGRAM MGR5453MMUC$45.08$47.34$49.70$52.19$54.80$3,606.59$3,786.91$3,976.26$4,175.07$4,383.83 FA INTELLIGENCE ANALYST5485CONF$28.06$29.47$30.94$32.49$34.11$2,245.17$2,357.43$2,475.13$2,599.07$2,729.02 FA IVDC-LECC EXEC DIRECTOR5491SM$49.03$51.49$54.06$56.76$59.60$3,922.79$4,118.92$4,324.87$4,541.11$4,768.17 FA LECC IT MANAGER5440MMUC$41.22$43.29$45.45$47.72$50.11$3,297.90$3,462.80$3,635.95$3,817.74$4,008.63 FA MANAGEMENT ASSISTANT5278CONF$25.30$26.56$27.89$29.28$30.75$2,023.77$2,124.96$2,231.21$2,342.77$2,459.91 FA MICROCOMPUTER SPECIALIST5443PRUC$33.52$35.19$36.95$38.80$40.74$2,681.40$2,815.47$2,956.24$3,104.06$3,259.26 FA NTWRK ADMINISTRATOR I5292PRUC$33.73$35.42$37.19$39.05$41.00$2,698.53$2,833.46$2,975.13$3,123.88$3,280.08 FA NTWRK ADMINISTRATOR II5294PRUC$37.10$38.96$40.91$42.95$45.10$2,968.38$3,116.80$3,272.64$3,436.28$3,608.09 FA PROGRAM ANALYST5444PRUC$39.99$41.99$44.09$46.29$48.61$3,199.00$3,358.95$3,526.90$3,703.25$3,888.41 FA PROGRAM ASSISTANT5451CONF$20.21$21.22$22.28$23.39$24.56$1,616.62$1,697.45$1,782.32$1,871.44$1,965.01 FA PROGRAM MANAGER5445SM$45.09$47.34$49.71$52.19$54.80$3,606.94$3,787.29$3,976.65$4,175.48$4,384.26 FA RCFL NETWRK ENGINEER5284CONF$32.57$34.20$35.91$37.70$39.59$2,605.45$2,735.72$2,872.51$3,016.14$3,166.94 FA SR FINANCIAL ANALYST5495PRUC$31.34$32.90$34.55$36.28$38.09$2,506.87$2,632.22$2,763.83$2,902.02$3,047.13 FA SR INTELLIGENCE ANALYST5483PRUC$33.00$34.65$36.38$38.20$40.11$2,640.02$2,772.00$2,910.61$3,056.14$3,208.94 FA SR SECRETARY5477CONF$20.79$21.83$22.92$24.06$25.27$1,663.04$1,746.20$1,833.51$1,925.18$2,021.43 FA SUPV INTELLIGENCE ANALYST5481PRUC$36.30$38.12$40.02$42.02$44.12$2,904.00$3,049.20$3,201.66$3,361.75$3,529.83 FACILITIES MANAGER6425MM$40.97$43.01$45.17$47.42$49.79$3,277.30$3,441.16$3,613.23$3,793.89$3,983.58 FACILITY & SUPPLY SPECIALIST5648CVEA$20.76$21.80$22.89$24.03$25.23$1,660.76$1,743.80$1,830.99$1,922.54$2,018.67 FACILITY & SUPPLY SPEC (HRLY)5646UCHR$20.76$21.80$22.89$24.03$25.23$1,660.76$1,743.80$1,830.99$1,922.54$2,018.67 FIELD MAINTENANCE SPECIALIST7471CVEA$18.87$19.82$20.81$21.85$22.94$1,509.79$1,585.28$1,664.54$1,747.77$1,835.16 FINANCE & PURCHASING MGR3625SM$54.30------$66.00$4,343.88------$5,280.02 FIRE APPARATUS MECH6521CVEA$28.90$30.34$31.86$33.45$35.12$2,311.63$2,427.21$2,548.57$2,676.00$2,809.80 FIRE BATTALION CHIEF (112 HR)5511IAFF$34.55$36.27$38.09$39.99$41.99$3,869.24$4,062.70$4,265.84$4,479.13$4,703.09 FIRE BATTALION CHIEF (80 HR)5513IAFF$48.37$50.78$53.32$55.99$58.79$3,869.24$4,062.70$4,265.84$4,479.13$4,703.09 FIRE BATTALION CHIEF (INTERIM)5540IAFF$34.55$36.27$38.09$39.99$41.99$3,869.23$4,062.70$4,265.84$4,479.12$4,703.09 FIRE CAPTAIN (112 HR)5583IAFF$27.73$29.12$30.57$32.10$33.71$3,105.91$3,261.21$3,424.26$3,595.47$3,775.25 FIRE CAPTAIN (80 HR)5581IAFF$38.82$40.77$42.80$44.94$47.19$3,105.91$3,261.21$3,424.26$3,595.47$3,775.25 FIRE CAPTAIN (INTERIM)5580IAFF$27.73$29.12$30.57$32.10$33.71$3,105.91$3,261.21$3,424.25$3,595.48$3,775.25 FIRE CHIEF5501EXEC$72.87--$86.37--$88.57$5,829.39--$6,909.80--$7,085.67 FIRE DIVISION CHIEF5507MMUC$55.36$58.13$61.03$64.09$67.29$4,428.80$4,650.24$4,882.75$5,126.89$5,383.24 FIRE ENG (112 HR)5603IAFF$23.64$24.83$26.07$27.37$28.74$2,648.16$2,780.58$2,919.60$3,065.58$3,218.86 FIRE ENG (80 HR)5601IAFF$33.10$34.76$36.50$38.32$40.24$2,648.16$2,780.58$2,919.60$3,065.58$3,218.86 FIRE ENGINEER (INTERIM)5602IAFF$23.64$24.83$26.07$27.37$28.74$2,648.16$2,780.58$2,919.61$3,065.58$3,218.86 FIRE INSP/INVEST I5530IAFF$28.00$29.40$30.86$32.41$34.03$2,239.63$2,351.60$2,469.19$2,592.65$2,722.28 FIRE INSP/INVEST I (HRLY)5534UCHR$28.00$29.40$30.86$32.41$34.03$2,239.63$2,351.60$2,469.19$2,592.65$2,722.28 FIRE INSP/INVEST II5531IAFF$30.79$32.33$33.95$35.65$37.43$2,463.59$2,586.76$2,716.10$2,851.90$2,994.50 FIRE INSP/INVEST II HRLY5532UCHR$30.79$32.33$33.95$35.65$37.43$2,463.59$2,586.76$2,716.10$2,851.90$2,994.50 FIRE PREV ENG/INVEST5528IAFF$37.14$39.00$40.95$43.00$45.15$2,971.37$3,119.95$3,275.94$3,439.74$3,611.73 FIRE PREVENTION AIDE5535CVEA$13.70$14.38$15.10$15.85$16.65$1,095.60$1,150.38$1,207.90$1,268.30$1,331.71 FIRE PREVENTION AIDE (HRLY)5533UCHR$13.70$14.38$15.10$15.85$16.65$1,095.60$1,150.38$1,207.90$1,268.30$1,331.71 FIREFIGHTER (112 HR)5623IAFF$20.10$21.10$22.15$23.26$24.43$2,250.66$2,363.19$2,481.35$2,605.42$2,735.69 FIREFIGHTER (80 HR)5621IAFF$28.13$29.54$31.02$32.57$34.20$2,250.66$2,363.19$2,481.35$2,605.42$2,735.69 FIREFIGHTER/PARAMEDIC (112 HR)5613IAFF$23.11$24.26$25.48$26.75$28.09$2,588.26$2,717.67$2,853.56$2,996.24$3,146.04 FIREFIGHTER/PARAMEDIC (80 HR)5611IAFF$32.35$33.97$35.67$37.45$39.33$2,588.26$2,717.67$2,853.56$2,996.24$3,146.04 Approved and Adopted: Resolution No.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 143 Fiscal Year 2015-2016 Compensation Schedule Effective June 26, 2015 Hourly RateBi-Weekly Rate POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E FISCAL & MANAGEMENT ANALYST0216PRCF$41.30$43.36$45.53$47.81$50.20$3,303.72$3,468.90$3,642.35$3,824.46$4,015.69 FISCAL OFFICE SPEC (HOURLY)0170UCHR$18.04$18.94$19.89$20.88$21.93$1,443.13$1,515.29$1,591.05$1,670.61$1,754.14 FISCAL OFFICE SPECIALIST0169CVEA$18.04$18.94$19.89$20.88$21.93$1,443.14$1,515.29$1,591.06$1,670.61$1,754.14 FLEET INVENTORY CONTROL SPEC6513CVEA$23.87$25.07$26.32$27.64$29.02$1,909.88$2,005.37$2,105.64$2,210.92$2,321.47 FLEET MANAGER6501MM$39.96$41.95$44.05$46.25$48.57$3,196.46$3,356.29$3,524.10$3,700.30$3,885.32 FORENSICS SPECIALIST5114CVEA$28.61$30.04$31.54$33.12$34.77$2,288.60$2,403.03$2,523.17$2,649.34$2,781.81 GARDENER (SEASONAL)6629UCHR$17.66$18.54$19.47$20.44$21.47$1,412.74$1,483.39$1,557.55$1,635.43$1,717.20 GARDENER I6627CVEA$17.66$18.54$19.47$20.44$21.47$1,412.75$1,483.38$1,557.55$1,635.43$1,717.20 GARDENER II6623CVEA$19.43$20.40$21.42$22.49$23.61$1,554.03$1,631.73$1,713.31$1,798.98$1,888.93 GIS MANAGER3079MM$40.96$43.01$45.16$47.41$49.78$3,276.62$3,440.46$3,612.48$3,793.10$3,982.76 GIS SPECIALIST3081CVEA$28.81$30.25$31.76$33.35$35.02$2,304.68$2,419.91$2,540.91$2,667.95$2,801.35 GIS SPECIALIST (HOURLY)3092UCHR$28.81$30.25$31.76$33.35$35.02$2,304.68$2,419.92$2,540.91$2,667.95$2,801.35 GRAFFITI ABATEMENT COORDINATOR6339CVEA$29.32$30.78$32.32$33.94$35.64$2,345.44$2,462.72$2,585.85$2,715.14$2,850.90 GRAPHIC DESIGNER2775CVEA$25.52$26.80$28.14$29.54$31.02$2,041.63$2,143.71$2,250.90$2,363.44$2,481.62 GYMNASTIC SPECIALIST7543UCHR$15.10$15.86$16.65$17.48$18.36$1,208.09$1,268.50$1,331.92$1,398.52$1,468.44 HOUSING MANAGER4093SM$50.43------$60.81$4,034.01------$4,864.98 HR ANALYST3310PRCF$31.88$33.47$35.14$36.90$38.75$2,550.11$2,677.61$2,811.49$2,952.07$3,099.67 HR ANALYST (HOURLY)3312UCHR$31.88$33.47$35.14$36.90$38.75$2,550.11$2,677.61$2,811.49$2,952.07$3,099.67 HR OPERATIONS MANAGER3317SM$46.39------$56.38$3,711.01------$4,510.76 HR TECHNICIAN3315CONF$22.92$24.07$25.27$26.54$27.86$1,833.92$1,925.61$2,021.90$2,122.99$2,229.14 HVAC TECHNICIAN6430CVEA$25.53$26.81$28.15$29.56$31.03$2,042.46$2,144.58$2,251.81$2,364.40$2,482.62 INFO TECH MANAGER5104SM$49.84------$59.80$3,986.86------$4,784.24 INFO TECH SUPPORT SPECIALIST3014PROF$33.52$35.19$36.95$38.80$40.74$2,681.40$2,815.47$2,956.24$3,104.06$3,259.26 INTERN, GRADUATE0269UCHR$13.33$14.00$14.70$15.43$16.20$1,066.42$1,119.74$1,175.73$1,234.51$1,296.24 INTERN, UNDERGRADUATE0267UCHR$12.12$12.72$13.36$14.03$14.73$969.47$1,017.95$1,068.84$1,122.29$1,178.40 IT SUPPORT SPECIALIST (HOURLY)3002UCHR$32.86$34.50$36.23$38.04$39.94$2,628.83$2,760.26$2,898.28$3,043.19$3,195.35 LANDSCAPE ARCHITECT4480PROF$36.52$38.35$40.27$42.28$44.39$2,921.75$3,067.84$3,221.23$3,382.30$3,551.41 LANDSCAPE INSPECTOR6291CVEA$27.86$29.26$30.72$32.26$33.87$2,229.14$2,340.60$2,457.63$2,580.51$2,709.54 LANDSCAPE PLANNER I4482CVEA$28.77$30.21$31.72$33.31$34.98$2,301.99$2,417.09$2,537.94$2,664.84$2,798.08 LANDSCAPE PLANNER II4483CVEA$31.65$33.24$34.90$36.64$38.47$2,532.19$2,658.80$2,791.74$2,931.32$3,077.89 LATENT PRINT EXAMINER5111CVEA$32.90$34.54$36.27$38.08$39.99$2,631.89$2,763.49$2,901.66$3,046.74$3,199.08 LATENT PRINT EXAMINER HRLY5112UCHR$32.90$34.54$36.27$38.08$39.99$2,631.90$2,763.49$2,901.66$3,046.74$3,199.08 LAW OFFICE MANAGER2465MMUC$33.58$35.26$37.02$38.88$40.82$2,686.60$2,820.93$2,961.98$3,110.08$3,265.58 LEAD CUSTODIAN6663CVEA$19.43$20.40$21.42$22.49$23.61$1,554.03$1,631.73$1,713.31$1,798.98$1,888.93 LEGAL ASSISTANT0183CONF$24.37$25.59$26.87$28.21$29.62$1,949.55$2,047.03$2,149.38$2,256.85$2,369.70 LIBRARIAN I7075CVEA$23.14$24.30$25.51$26.79$28.13$1,851.10$1,943.66$2,040.84$2,142.88$2,250.02 LIBRARIAN I (HOURLY)7076UCHR$23.14$24.30$25.51$26.79$28.13$1,851.10$1,943.65$2,040.84$2,142.88$2,250.02 LIBRARIAN II7073CVEA$25.45$26.73$28.06$29.46$30.94$2,036.21$2,138.02$2,244.92$2,357.17$2,475.03 LIBRARIAN II (HOURLY)7074UCHR$25.45$26.73$28.06$29.46$30.94$2,036.22$2,138.02$2,244.93$2,357.17$2,475.03 LIBRARIAN III7071CVEA$28.00$29.40$30.87$32.41$34.03$2,239.83$2,351.83$2,469.42$2,592.89$2,722.53 LIBRARY AIDE7181UCHR$10.55$11.07$11.63$12.21$12.82$843.66$885.84$930.14$976.64$1,025.47 LIBRARY ASSISTANT7157CVEA$16.64$17.48$18.35$19.27$20.23$1,331.46$1,398.04$1,467.93$1,541.34$1,618.40 LIBRARY ASSOCIATE7091CVEA$21.04$22.09$23.19$24.35$25.57$1,682.82$1,766.96$1,855.31$1,948.07$2,045.48 LIBRARY ASSOCIATE (HOURLY)7092UCHR$21.04$22.09$23.19$24.35$25.57$1,682.82$1,766.96$1,855.31$1,948.08$2,045.47 LIBRARY DIGITAL SERVICES MGR7025MM$39.70$41.69$43.77$45.96$48.26$3,176.36$3,335.18$3,501.93$3,677.03$3,860.88 LIBRARY OPERATIONS MANAGER7029MM$45.68$47.96$50.36$52.88$55.53$3,654.45$3,837.17$4,029.03$4,230.49$4,442.01 LIBRARY TECHNICIAN7121CVEA$19.14$20.10$21.10$22.16$23.26$1,531.19$1,607.75$1,688.14$1,772.55$1,861.17 LIBRARY TECHNICIAN (HOURLY)7122UCHR$19.14$20.10$21.10$22.16$23.26$1,531.19$1,607.75$1,688.14$1,772.55$1,861.17 LIBRARY VISITOR ASSISTANT7185UCHR$13.25$13.92$14.61$15.34$16.11$1,060.32$1,113.34$1,169.01$1,227.46$1,288.83 LIFEGUARD I7587UCHR$13.82$14.52$15.24$16.00$16.80$1,105.96$1,161.26$1,219.33$1,280.29$1,344.31 LIFEGUARD II7585UCHR$15.21$15.97$16.77$17.60$18.48$1,216.59$1,277.42$1,341.29$1,408.36$1,478.77 LITERACY TEAM COORD7036PROF$30.35$31.86$33.46$35.13$36.89$2,427.78$2,549.16$2,676.62$2,810.45$2,950.98 LOCKSMITH6443CVEA$24.31$25.53$26.81$28.15$29.55$1,945.19$2,042.45$2,144.58$2,251.80$2,364.39 MAINTENANCE WORKER I6377CVEA$17.66$18.54$19.47$20.44$21.47$1,412.75$1,483.38$1,557.55$1,635.43$1,717.20 MAINTENANCE WORKER I (HRLY)6379UCHR$17.66$18.54$19.47$20.44$21.47$1,412.74$1,483.39$1,557.55$1,635.43$1,717.20 MAINTENANCE WORKER II6373CVEA$19.43$20.40$21.42$22.49$23.61$1,554.03$1,631.73$1,713.31$1,798.98$1,888.93 MAINTENANCE WORKER II HRLY6381UCHR$19.43$20.40$21.42$22.49$23.61$1,554.02$1,631.73$1,713.31$1,798.98$1,888.93 MANAGEMENT ANALYST0225CVEA$29.84$31.34$32.90$34.55$36.28$2,387.49$2,506.88$2,632.22$2,763.83$2,902.02 MARKTNG & COMMUNICATIONS MGR2781SM$53.12--$54.62--$64.57$4,249.69--$4,369.55--$5,165.53 MAYOR2001MY--------$59.98--------$4,798.73 MECHANIC ASSISTANT6550CVEA$19.40$20.37$21.39$22.46$23.58$1,552.27$1,629.88$1,711.37$1,796.94$1,886.79 MUSEUM ATTENDANT7215UCHR$10.94$11.49$12.06$12.67$13.30$875.38$919.15$965.11$1,013.36$1,064.02 OFFICE SPECIALIST0161CVEA$17.18$18.04$18.94$19.89$20.88$1,374.41$1,443.13$1,515.29$1,591.05$1,670.58 OFFICE SPECIALIST (HOURLY)0160UCHR$17.18$18.04$18.94$19.89$20.88$1,374.41$1,443.13$1,515.29$1,591.05$1,670.58 OFFICE SPECIALIST (MYR/@WILL)0162CVEA$17.18$18.04$18.94$19.89$20.88$1,374.42$1,443.14$1,515.29$1,591.06$1,670.58 OFFICE SPECIALIST (MYR/AW/HR)0156UCHR$17.18$18.04$18.94$19.89$20.88$1,374.42$1,443.13$1,515.29$1,591.05$1,670.58 Approved and Adopted: Resolution No.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 144 Fiscal Year 2015-2016 Compensation Schedule Effective June 26, 2015 Hourly RateBi-Weekly Rate POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E OPEN SPACE INSPECTOR6311CVEA$27.86$29.26$30.72$32.26$33.87$2,229.14$2,340.60$2,457.63$2,580.51$2,709.54 OPEN SPACE MANAGER6302MM$38.73$40.67$42.70$44.83$47.08$3,098.35$3,253.26$3,415.92$3,586.72$3,766.05 OPS&TELECOM MGR3025MM$40.96$43.01$45.16$47.41$49.78$3,276.62$3,440.45$3,612.47$3,793.10$3,982.75 PAINTER6434CVEA$23.21$24.37$25.59$26.87$28.21$1,856.78$1,949.62$2,047.10$2,149.46$2,256.93 PARK RANGER7434UCHR$13.25$13.91$14.61$15.34$16.10$1,059.90$1,112.89$1,168.53$1,226.96$1,288.31 PARK RANGER SUPERVISOR7441CVEA$29.61$31.09$32.64$34.28$35.99$2,368.51$2,487.07$2,611.43$2,742.00$2,879.10 PARKING ENFORCEMENT OFFICER5154CVEA$17.36$18.23$19.14$20.10$21.11$1,389.13$1,458.58$1,531.51$1,608.08$1,688.49 PARKING METER TECH (HOURLY)3694UCHR$19.10$20.06$21.06$22.11$23.22$1,528.04$1,604.44$1,684.65$1,768.89$1,857.34 PARKING METER TECHNICIAN3693CVEA$19.10$20.06$21.06$22.11$23.22$1,528.04$1,604.44$1,684.65$1,768.89$1,857.34 PARKS MANAGER6604MM$38.73$40.67$42.70$44.84$47.08$3,098.55$3,253.48$3,416.15$3,586.96$3,766.31 PARKS OPERATIONS MANAGER6610MM$45.42$47.69$50.08$52.58$55.21$3,633.86$3,815.54$4,006.32$4,206.64$4,416.97 PARKS SUPERVISOR6605CVEA$29.61$31.09$32.64$34.28$35.99$2,368.64$2,487.07$2,611.43$2,742.00$2,879.10 PEACE OFFICER5061POA$33.30$34.97$36.71$38.55$40.48$2,664.11$2,797.32$2,937.19$3,084.04$3,238.25 PERFORMANCE & ORG DEV MGR2758SM$50.68------$60.81$4,054.18------$4,864.98 PLAN CHECK SUPERVISOR4731MM$44.73$46.97$49.32$51.78$54.37$3,578.54$3,757.46$3,945.34$4,142.61$4,349.74 PLAN CHECK TECHNICIAN4753CVEA$26.65$27.99$29.38$30.85$32.40$2,132.22$2,238.83$2,350.77$2,468.31$2,591.73 PLANNING MANAGER4727SM$52.35------$63.15$4,187.70------$5,051.80 PLANNING TECHNICIAN4527CVEA$21.90$22.99$24.14$25.35$26.62$1,751.93$1,839.52$1,931.50$2,028.07$2,129.48 PLUMBER6432CVEA$25.53$26.81$28.15$29.55$31.03$2,042.45$2,144.58$2,251.80$2,364.39$2,482.61 POLICE ADMIN SVCS ADMINISTRATO5025SM$51.25------$62.30$4,100.07------$4,983.66 POLICE AGENT5051POA$36.67$38.50$40.43$42.45$44.57$2,933.62$3,080.30$3,234.32$3,396.03$3,565.83 POLICE CADET5427UCHR$11.22$11.78$12.37$12.98$13.63$897.24$942.10$989.20$1,038.66$1,090.60 POLICE CAPTAIN5022SM$63.80------$77.54$5,103.71------$6,203.59 POLICE COMM REL SPECIALIST5258CVEA$22.42$23.54$24.72$25.96$27.25$1,793.74$1,883.44$1,977.61$2,076.49$2,180.31 POLICE COMM SYSTEMS MANAGER5185MM$40.96$43.01$45.16$47.42$49.79$3,277.00$3,440.85$3,612.89$3,793.53$3,983.21 POLICE DATA SPECIALIST0163CVEA$17.18$18.04$18.94$19.89$20.88$1,374.41$1,443.13$1,515.29$1,591.05$1,670.61 POLICE DISPATCHER5181CVEA$25.78$27.07$28.43$29.85$31.34$2,062.69$2,165.83$2,274.12$2,387.83$2,507.22 POLICE DISPATCHER (HOURLY)5180UCHR$25.78$27.07$28.43$29.85$31.34$2,062.70$2,165.83$2,274.12$2,387.83$2,507.22 POLICE DISPATCHER SUPERVISOR5183CVEA$29.65$31.13$32.69$34.33$36.04$2,372.10$2,490.70$2,615.24$2,746.00$2,883.30 POLICE DISPATCHER TRAINEE5179CVEA$23.44$24.61$25.84$27.13$28.49$1,875.17$1,968.93$2,067.38$2,170.75$2,279.29 POLICE LIEUTENANT5031POA$50.62$53.15$55.81$58.60$61.53$4,049.76$4,252.24$4,464.85$4,688.10$4,922.51 POLICE REC & SUPPORT SUPV5203CVEA$22.72$23.86$25.05$26.30$27.62$1,817.66$1,908.54$2,003.96$2,104.17$2,209.38 POLICE RECORDS SPEC (HOURLY)0166UCHR$17.18$18.04$18.94$19.89$20.88$1,374.41$1,443.13$1,515.29$1,591.05$1,670.61 POLICE RECORDS SPECIALIST0165CVEA$17.18$18.04$18.94$19.89$20.88$1,374.41$1,443.13$1,515.29$1,591.05$1,670.61 POLICE RECRUIT5071CVEA$25.29$26.55------$2,023.01$2,124.16------ POLICE SERGEANT5041POA$42.18$44.29$46.51$48.83$51.27$3,374.54$3,543.27$3,720.43$3,906.45$4,101.78 POLICE SERVICES OFF (HOURLY)5133UCHR$23.11$24.27$25.48$26.75$28.09$1,848.92$1,941.37$2,038.43$2,140.35$2,247.38 POLICE SERVICES OFFICER5131CVEA$23.11$24.27$25.48$26.75$28.09$1,848.92$1,941.37$2,038.43$2,140.35$2,247.37 POLICE SERVICES TECHNICIAN5415CVEA$22.05$23.15$24.31$25.52$26.80$1,763.94$1,852.14$1,944.75$2,041.98$2,144.08 POLICE SUPPORT SERVICES MGR5205MM$39.65$41.63$43.71$45.90$48.19$3,171.79$3,330.38$3,496.90$3,671.75$3,855.33 POLICE SVCS OFFICER SUPERVISOR5132CVEA$26.58$27.92$29.30$30.77$32.31$2,126.26$2,233.63$2,344.19$2,461.40$2,584.47 POLICE SVCS TECH (HOURLY)5416UCHR$22.05$23.15$24.31$25.52$26.80$1,763.94$1,852.14$1,944.74$2,041.99$2,144.08 POLICE TECH SPECIALIST (HRLY)5108UCHR$34.86$36.60$38.43$40.35$42.37$2,788.66$2,928.09$3,074.49$3,228.22$3,389.63 POLICE TECHNOLOGY SPECIALIST5107CVEA$34.86$36.60$38.43$40.35$42.37$2,788.66$2,928.09$3,074.49$3,228.22$3,389.63 POLICE TRAINING & DEV SUPV5264PROF$33.79$35.48$37.25$39.12$41.07$2,703.25$2,838.40$2,980.34$3,129.35$3,285.81 POLICY AIDE2013PRUC$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.29$2,234.73$2,346.46 PRINCIPAL CIVIL ENGINEER6021MM$49.10$51.56$54.13$56.84$59.68$3,928.12$4,124.54$4,330.76$4,547.29$4,774.66 PRINCIPAL ECONOMIC DEV SPEC2724PROF$45.66$47.94$50.34$52.85$55.50$3,652.54$3,835.16$4,026.92$4,228.27$4,439.68 PRINCIPAL HR ANALYST 3305MMCF$42.34$44.46$46.68$49.01$51.46$3,387.19$3,556.55$3,734.39$3,921.10$4,117.16 PRINCIPAL LANDSCAPE ARCHITECT4486MM$43.58$45.76$48.04$50.45$52.97$3,486.24$3,660.56$3,843.59$4,035.76$4,237.55 PRINCIPAL LIBRARIAN7051MM$39.70$41.69$43.77$45.96$48.26$3,176.36$3,335.18$3,501.93$3,677.03$3,860.88 PRINCIPAL MANAGEMENT ANALYST0208PROF$37.91$39.80$41.79$43.88$46.07$3,032.46$3,184.09$3,343.29$3,510.46$3,685.99 PRINCIPAL MGMT ANALYST (CONF)0214PRCF$37.91$39.80$41.79$43.88$46.07$3,032.46$3,184.09$3,343.29$3,510.46$3,685.99 PRINCIPAL PLANNER4431MM$45.66$47.94$50.34$52.85$55.50$3,652.54$3,835.16$4,026.92$4,228.27$4,439.68 PRINCIPAL PROJECT COORDINATOR4212PROF$45.66$47.94$50.34$52.85$55.50$3,652.54$3,835.16$4,026.92$4,228.27$4,439.68 PRINCIPAL RECREATION MANAGER7410MM$38.73$40.67$42.70$44.84$47.08$3,098.54$3,253.46$3,416.13$3,586.94$3,766.29 PROCUREMENT SPECIALIST3721CVEA$27.09$28.45$29.87$31.36$32.93$2,167.37$2,275.74$2,389.53$2,509.00$2,634.45 PROGRAMMER ANALYST3090PROF$33.18$34.84$36.58$38.41$40.33$2,654.59$2,787.32$2,926.68$3,073.02$3,226.67 PROJECT COORDINATOR I4217CVEA$28.77$30.21$31.72$33.31$34.98$2,301.99$2,417.08$2,537.95$2,664.83$2,798.08 PROJECT COORDINATOR I (HRLY)4218UCHR$28.78$30.21$31.72$33.31$34.98$2,302.00$2,417.08$2,537.94$2,664.83$2,798.08 PROJECT COORDINATOR II4215CVEA$31.65$33.23$34.90$36.64$38.47$2,532.19$2,658.79$2,791.73$2,931.32$3,077.89 PROJECT COORDINATOR II (HRLY)4216UCHR$31.65$33.23$34.90$36.64$38.47$2,532.19$2,658.79$2,791.73$2,931.32$3,077.89 PROPERTY & EVIDENCE SPECIALIST5127CVEA$19.10$20.06$21.06$22.11$23.22$1,528.04$1,604.44$1,684.66$1,768.89$1,857.34 PUB WORKS SPECIALIST6712CVEA$22.21$23.32$24.49$25.71$27.00$1,776.85$1,865.69$1,958.97$2,056.92$2,159.77 PUBLIC INFO OFFICER (HRLY)5032UCHR$35.72$37.50$39.38$41.34$43.41$2,857.23$3,000.09$3,150.09$3,307.59$3,472.98 PUBLIC INFORMATION SPECIALIST2782CONF$27.27$28.64$30.07$31.57$33.15$2,181.81$2,290.90$2,405.45$2,525.71$2,652.00 Approved and Adopted: Resolution No.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 145 Fiscal Year 2015-2016 Compensation Schedule Effective June 26, 2015 Hourly RateBi-Weekly Rate POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E PUBLIC SAFETY ANALYST5254CVEA$29.84$31.34$32.90$34.55$36.28$2,387.50$2,506.88$2,632.22$2,763.83$2,902.02 PUBLIC SAFETY ANALYST (HRLY)5256UCHR$29.84$31.34$32.90$34.55$36.28$2,387.50$2,506.87$2,632.22$2,763.84$2,902.03 PUBLIC WORKS INSP I6123CVEA$27.86$29.26$30.72$32.26$33.87$2,229.14$2,340.60$2,457.63$2,580.51$2,709.54 PUBLIC WORKS INSP II6121CVEA$30.65$32.18$33.79$35.48$37.26$2,452.05$2,574.66$2,703.39$2,838.56$2,980.49 PUBLIC WORKS MANAGER6336MM$38.73$40.67$42.70$44.83$47.08$3,098.35$3,253.26$3,415.92$3,586.72$3,766.05 PUBLIC WORKS SUPERVISOR6337CVEA$29.61$31.09$32.64$34.28$35.99$2,368.64$2,487.07$2,611.43$2,742.00$2,879.10 PUMP MAINT TECHNICIAN6396CVEA$25.29$26.56$27.89$29.28$30.75$2,023.55$2,124.72$2,230.96$2,342.51$2,459.63 PUMP MAINTENANCE SUPERVISOR6392CVEA$29.64$31.12$32.68$34.31$36.03$2,371.39$2,489.96$2,614.46$2,745.18$2,882.44 PURCHASING AGENT3711SM$46.39------$56.38$3,711.01------$4,510.76 RANGE MASTER5417CVEA$21.01$22.06$23.16$24.32$25.54$1,680.84$1,764.88$1,853.13$1,945.78$2,043.07 RANGE MASTER (HOURLY)5418UCHR$20.60$21.63$22.71$23.85$25.04$1,647.88$1,730.27$1,816.79$1,907.63$2,003.01 RCFL NETWORK ENGINEER5450UCHR$31.93$33.53$35.20$36.96$38.81$2,554.37$2,682.08$2,816.19$2,956.99$3,104.84 REAL PROPERTY MANAGER6037MMUC$42.51$44.64$46.87$49.21$51.68$3,401.09$3,571.14$3,749.70$3,937.18$4,134.04 REC AIDE7605UCHR$10.00$10.50$11.03$11.58$12.16$800.32$840.34$882.36$926.48$972.80 REC SPECIALIST7601UCHR$15.80$16.59$17.42$18.30$19.21$1,264.33$1,327.55$1,393.92$1,463.62$1,536.80 REC SUPERVISOR I (HOURLY)7426UCHR$22.31$23.42$24.59$25.82$27.11$1,784.41$1,873.64$1,967.32$2,065.68$2,168.96 RECORDS MANAGER2211MM$31.57$33.15$34.81$36.55$38.38$2,525.79$2,652.09$2,784.69$2,923.92$3,070.12 RECORDS SPECIALIST2217CVEA$18.90$19.84$20.84$21.88$22.97$1,511.86$1,587.46$1,666.83$1,750.17$1,837.67 RECREATION LEADER I7609UCHR$11.45$12.02$12.63$13.26$13.92$916.16$961.97$1,010.07$1,060.57$1,113.60 RECREATION LEADER II7607UCHR$13.17$13.83$14.52$15.25$16.01$1,053.72$1,106.40$1,161.72$1,219.81$1,280.80 RECREATION SUPERVISOR I7425CVEA$22.31$23.42$24.59$25.82$27.11$1,784.41$1,873.63$1,967.31$2,065.68$2,168.96 RECREATION SUPERVISOR II7423CVEA$24.54$25.76$27.05$28.40$29.82$1,962.85$2,061.00$2,164.05$2,272.25$2,385.86 RECREATION SUPERVISOR III7422CVEA$28.22$29.63$31.11$32.66$34.30$2,257.28$2,370.15$2,488.66$2,613.09$2,743.75 RECYCLING SPECIALIST I2742CVEA$22.00$23.10$24.26$25.47$26.74$1,760.22$1,848.23$1,940.64$2,037.68$2,139.56 RECYCLING SPECIALIST II2744CVEA$24.20$25.41$26.68$28.02$29.42$1,936.25$2,033.05$2,134.72$2,241.45$2,353.52 REDEVELOPMENT MANAGER4045SM$47.72------$58.01$3,817.72------$4,640.46 REGISTERED VET TECH (HOURLY)5312UCHR$21.01$22.06$23.16$24.32$25.54$1,680.83$1,764.88$1,853.12$1,945.78$2,043.07 REGISTERED VETERINARY TECH5307CVEA$21.01$22.06$23.16$24.32$25.54$1,680.84$1,764.88$1,853.13$1,945.78$2,043.07 RESERVE OFFICER5081UCHR$14.24$14.95$15.69----$1,139.42$1,195.85$1,255.53---- RISK MANAGEMENT SPECIALIST3367PRCF$31.87$33.47$35.14$36.90$38.74$2,549.99$2,677.49$2,811.37$2,951.94$3,099.53 RISK MANAGER3361SM$46.85------$56.95$3,748.13------$4,555.87 SCHOOL CROSSING GUARD5143UCHR$10.05$10.55$11.08$11.64$12.22$804.19$844.39$886.62$930.94$977.49 SEASONAL ASSISTANT0231UCHR$9.55$10.03$10.53$11.06$11.61$764.21$802.42$842.54$884.67$928.90 SECRETARY0171CVEA$18.90$19.84$20.84$21.88$22.97$1,511.86$1,587.45$1,666.82$1,750.16$1,837.67 SECRETARY (HOURLY)0152UCHR$18.90$19.84$20.84$21.88$22.97$1,511.85$1,587.45$1,666.83$1,750.17$1,837.68 SIGNAL SYSTEMS ENGINEER I6169CVEA$32.03$33.64$35.32$37.08$38.94$2,562.73$2,690.87$2,825.41$2,966.69$3,115.02 SIGNAL SYSTEMS ENGINEER II6170CVEA$35.24$37.00$38.85$40.79$42.83$2,819.01$2,959.95$3,107.96$3,263.35$3,426.52 SIGNING&STRIPING SUPERVISOR6355CVEA$29.61$31.09$32.64$34.28$35.99$2,368.64$2,487.07$2,611.43$2,742.00$2,879.10 SPECIAL EVENTS COORDINATOR2799PRUC$36.43$38.25$40.16$42.17$44.28$2,914.38$3,060.09$3,213.09$3,373.75$3,542.44 SPECIAL PLANNING PROJ MGR4101SM$43.75------$53.17$3,499.74------$4,253.96 SR ACCOUNTANT3630MMCF$38.83$40.77$42.81$44.95$47.20$3,106.35$3,261.66$3,424.76$3,595.99$3,775.79 SR ACCOUNTING ASST3651CVEA$22.46$23.58$24.76$26.00$27.29$1,796.45$1,886.27$1,980.58$2,079.61$2,183.59 SR ADMINISTRATIVE SECRETARY0145CONF$26.54$27.87$29.26$30.73$32.26$2,123.49$2,229.66$2,341.15$2,458.20$2,581.11 SR ADMINISTRATIVE SECRETARY0185CVEA$26.54$27.87$29.26$30.73$32.26$2,123.49$2,229.66$2,341.15$2,458.20$2,581.11 SR ANIMAL CARE SPECIALIST5345CVEA$20.14$21.14$22.20$23.31$24.47$1,610.80$1,691.35$1,775.91$1,864.70$1,957.93 SR APPLICATIONS SUPPORT SPEC3089PROF$36.87$38.71$40.65$42.68$44.81$2,949.54$3,097.02$3,251.87$3,414.47$3,585.19 SR ASST CITY ATTORNEY2403EXEC$72.87------$88.57$5,829.39------$7,085.67 SR BUILDING INSPECTOR4781CVEA$35.25$37.01$38.86$40.80$42.84$2,819.86$2,960.85$3,108.89$3,264.34$3,427.55 SR BUSINESS LICENSE REP4507CVEA$22.46$23.58$24.76$26.00$27.29$1,796.45$1,886.27$1,980.58$2,079.61$2,183.59 SR CIVIL ENGINEER6019WCE$44.21$46.42$48.75$51.18$53.74$3,537.13$3,713.99$3,899.69$4,094.68$4,299.40 SR CODE ENF OFF (HOURLY)4764UCHR$33.68$35.36$37.13$38.99$40.94$2,694.28$2,829.01$2,970.45$3,118.98$3,274.93 SR CODE ENFORCEMENT OFF4763CVEA$33.68$35.36$37.13$38.99$40.94$2,694.29$2,829.00$2,970.45$3,118.97$3,274.92 SR CONSERVATION SPECIALIST6204CVEA$27.83$29.23$30.69$32.22$33.83$2,226.69$2,338.03$2,454.93$2,577.68$2,706.56 SR COUNCIL ASST2027CONF$20.72$21.76$22.84$23.99$25.18$1,657.56$1,740.44$1,827.46$1,918.83$2,014.78 SR COUNCIL ASST2025UCHR$25.45$26.73$28.06$29.47$30.94$2,036.31$2,138.13$2,245.03$2,357.28$2,475.15 SR DEPUTY CITY CLERK2208PRUC$31.55$33.12$34.78$36.52$38.34$2,523.60$2,649.79$2,782.27$2,921.38$3,067.45 SR ECONOMIC DEV SPEC2725PROF$28.81$30.25$31.76$33.35$35.02$2,304.63$2,419.86$2,540.86$2,667.90$2,801.30 SR ELECTRICIAN6442CVEA$29.36$30.83$32.37$33.99$35.69$2,348.83$2,466.27$2,589.58$2,719.06$2,855.01 SR ELECTRONICS TECHNICIAN6471CVEA$32.30$33.91$35.61$37.39$39.26$2,583.76$2,712.96$2,848.59$2,991.03$3,140.58 SR ENGINEERING TECHNICIAN6059CVEA$30.65$32.18$33.79$35.48$37.26$2,452.05$2,574.65$2,703.38$2,838.55$2,980.49 SR EQUIPMENT MECHANIC6512CVEA$27.71$29.09$30.55$32.07$33.68$2,216.46$2,327.29$2,443.65$2,565.84$2,694.13 SR FIRE INSP/INVEST5529IAFF$35.77$37.56$39.44$41.41$43.48$2,861.73$3,004.83$3,155.06$3,312.82$3,478.47 SR FISCAL OFF SPEC (HRLY)0176UCHR$19.84$20.84$21.88$22.97$24.12$1,587.45$1,666.82$1,750.16$1,837.67$1,929.55 SR FISCAL OFFICE SPECIALIST0141CONF$19.84$20.84$21.88$22.97$24.12$1,587.45$1,666.82$1,750.16$1,837.67$1,929.55 SR FISCAL OFFICE SPECIALIST0175CVEA$19.84$20.84$21.88$22.97$24.12$1,587.45$1,666.82$1,750.16$1,837.67$1,929.55 SR GARDENER6621CVEA$23.31$24.48$25.70$26.98$28.33$1,864.84$1,958.08$2,055.98$2,158.78$2,266.72 Approved and Adopted: Resolution No.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 146 Fiscal Year 2015-2016 Compensation Schedule Effective June 26, 2015 Hourly RateBi-Weekly Rate POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E SR GIS SPECIALIST3080CVEA$31.69$33.27$34.94$36.68$38.52$2,535.15$2,661.90$2,795.00$2,934.75$3,081.49 SR GRAPHIC DESIGNER2764PROF$33.01$34.66$36.39$38.21$40.12$2,640.70$2,772.74$2,911.37$3,056.94$3,209.78 SR HR ANALYST3308PRCF$36.66$38.49$40.42$42.44$44.56$2,932.62$3,079.25$3,233.22$3,394.88$3,564.62 SR HUMAN RESOURCES TECHNICIAN3316CONF$26.37$27.68$29.07$30.52$32.05$2,109.23$2,214.70$2,325.43$2,441.71$2,563.79 SR HVAC TECHNICIAN6441CVEA$29.36$30.83$32.37$33.99$35.69$2,348.83$2,466.27$2,589.58$2,719.06$2,855.01 SR INFO TECH SUPPORT SPEC3012PROF$36.87$38.71$40.65$42.68$44.81$2,949.54$3,097.02$3,251.87$3,414.47$3,585.19 SR LAND SURVEYOR6285WCE$44.21$46.42$48.75$51.18$53.74$3,537.13$3,713.99$3,899.69$4,094.67$4,299.40 SR LANDSCAPE INSPECTOR6295CVEA$32.04$33.65$35.33$37.09$38.95$2,563.51$2,691.69$2,826.28$2,967.59$3,115.96 SR LEGAL ASSISTANT2463CONF$26.81$28.15$29.55$31.03$32.58$2,144.51$2,251.74$2,364.32$2,482.54$2,606.67 SR LIBRARIAN7053MM$30.96$32.51$34.13$35.84$37.63$2,476.74$2,600.58$2,730.61$2,867.14$3,010.50 SR LIFEGUARD7589UCHR$16.72$17.55$18.43$19.35$20.32$1,337.40$1,404.27$1,474.48$1,548.21$1,625.62 SR MAINTENANCE WORKER6371CVEA$23.31$24.48$25.70$26.98$28.33$1,864.84$1,958.08$2,055.98$2,158.78$2,266.72 SR MANAGEMENT ANALYST0206PROF$34.46$36.18$37.99$39.89$41.89$2,756.78$2,894.61$3,039.35$3,191.32$3,350.88 SR OFFICE SPECIALIST0173CVEA$18.90$19.84$20.84$21.88$22.97$1,511.86$1,587.45$1,666.82$1,750.16$1,837.67 SR OFFICE SPECIALIST (HOURLY)0174UCHR$18.90$19.84$20.84$21.88$22.97$1,511.85$1,587.45$1,666.83$1,750.17$1,837.68 SR OPEN SPACE INSPECTOR6309CVEA$32.04$33.65$35.33$37.09$38.95$2,563.51$2,691.69$2,826.27$2,967.59$3,115.97 SR PARK RANGER7439CVEA$23.31$24.48$25.70$26.98$28.33$1,864.84$1,958.08$2,055.99$2,158.78$2,266.72 SR PLAN CHECK ENGINEER4746WCE$42.29$44.41$46.63$48.96$51.41$3,383.35$3,552.51$3,730.14$3,916.65$4,112.48 SR PLAN CHECK TECHNICIAN4751CVEA$30.65$32.18$33.79$35.48$37.26$2,452.06$2,574.66$2,703.40$2,838.56$2,980.49 SR PLANNER4432PROF$36.52$38.35$40.27$42.28$44.39$2,921.75$3,067.84$3,221.23$3,382.30$3,551.41 SR PLANNING TECHNICIAN4529CVEA$25.18$26.44$27.77$29.15$30.61$2,014.71$2,115.45$2,221.22$2,332.28$2,448.90 SR POLICE DATA SPECIALIST0164CVEA$19.76$20.75$21.78$22.87$24.02$1,580.58$1,659.61$1,742.59$1,829.72$1,921.21 SR POLICE TECHNOLOGY SPEC5109PROF$40.09$42.09$44.20$46.41$48.73$3,206.96$3,367.31$3,535.68$3,712.46$3,898.08 SR PROCUREMENT SPECIALIST3728PROF$29.96$31.46$33.03$34.68$36.41$2,396.61$2,516.45$2,642.27$2,774.38$2,913.10 SR PROGRAMMER ANALYST3091PROF$37.94$39.84$41.83$43.92$46.12$3,035.40$3,187.17$3,346.53$3,513.86$3,689.55 SR PROJECT COORDINATOR4214PROF$36.52$38.35$40.27$42.28$44.39$2,921.76$3,067.84$3,221.24$3,382.29$3,551.41 SR PROP & EVIDENCE SPECIALIST5125CVEA$21.97$23.06$24.22$25.43$26.70$1,757.25$1,845.11$1,937.36$2,034.23$2,135.94 SR PUBLIC SAFETY ANALYST5260PROF$33.00$34.65$36.38$38.20$40.11$2,640.02$2,772.03$2,910.63$3,056.16$3,208.97 SR PUBLIC WORKS INSP6101CVEA$35.25$37.01$38.86$40.80$42.84$2,819.86$2,960.85$3,108.90$3,264.34$3,427.56 SR PUBLIC WORKS SPECIALIST6702CVEA$26.65$27.99$29.38$30.85$32.40$2,132.22$2,238.83$2,350.77$2,468.31$2,591.72 SR RECORDS SPECIALIST2215CVEA$21.73$22.82$23.96$25.16$26.42$1,738.63$1,825.57$1,916.84$2,012.69$2,113.32 SR RECREATION MGR7421MM$31.82$33.41$35.08$36.84$38.68$2,545.67$2,672.95$2,806.60$2,946.93$3,094.28 SR RECYCLING SPECIALIST2746CVEA$27.83$29.23$30.69$32.22$33.83$2,226.69$2,338.03$2,454.93$2,577.68$2,706.56 SR RISK MANAGEMENT SPECIALIST3365PRCF$36.66$38.49$40.42$42.44$44.56$2,932.62$3,079.25$3,233.22$3,394.88$3,564.62 SR SECRETARY0139CONF$20.79$21.83$22.92$24.06$25.27$1,663.04$1,746.19$1,833.50$1,925.18$2,021.44 SR SECRETARY0177CVEA$20.79$21.83$22.92$24.06$25.27$1,663.04$1,746.19$1,833.50$1,925.18$2,021.44 SR SECRETARY (HOURLY)0178UCHR$20.79$21.83$22.92$24.06$25.27$1,663.04$1,746.19$1,833.51$1,925.18$2,021.43 SR TREE TRIMMER6573CVEA$25.64$26.92$28.27$29.68$31.17$2,051.31$2,153.88$2,261.57$2,374.65$2,493.38 SR WEBMASTER2779PROF$33.13$34.79$36.53$38.35$40.27$2,650.38$2,782.90$2,922.03$3,068.14$3,221.55 STOREKEEPER3734CVEA$19.43$20.40$21.42$22.49$23.61$1,554.03$1,631.73$1,713.31$1,798.98$1,888.93 STOREKEEPER SUPERVISOR3732CVEA$23.31$24.48$25.70$26.98$28.33$1,864.84$1,958.08$2,055.98$2,158.78$2,266.72 STORMWTR COMPLNCE INSP I6127CVEA$25.33$26.60$27.93$29.32$30.79$2,026.49$2,127.82$2,234.20$2,345.91$2,463.21 STORMWTR COMPLNCE INSP II6125CVEA$27.86$29.26$30.72$32.26$33.87$2,229.15$2,340.60$2,457.63$2,580.51$2,709.54 SURVEY TECHNICIAN I6151CVEA$24.23$25.44$26.71$28.05$29.45$1,938.37$2,035.30$2,137.06$2,243.92$2,356.11 SURVEY TECHNICIAN II6141CVEA$26.65$27.99$29.38$30.85$32.40$2,132.22$2,238.83$2,350.77$2,468.31$2,591.72 SYSTEMS/DATABASE ADMINISTRATR3015PROF$36.87$38.71$40.65$42.68$44.81$2,949.30$3,096.77$3,251.60$3,414.19$3,584.89 TELECOMMUNICATIONS SPECIALIST3027CVEA$22.42$23.55$24.72$25.96$27.26$1,793.91$1,883.60$1,977.78$2,076.67$2,180.51 TINY TOT AIDE7503UCHR$12.58$13.21$13.87$14.56$15.29$1,006.13$1,056.44$1,109.27$1,164.73$1,222.97 TINY TOT SPECIALIST7505UCHR$15.10$15.86$16.65$17.48$18.36$1,208.09$1,268.50$1,331.92$1,398.52$1,468.44 TRAFFIC CONTROL ASSISTANT5155UCHR--------$15.69--------$1,255.20 TRAFFIC DEVICES TECH6177CVEA$28.08$29.49$30.96$32.51$34.14$2,246.75$2,359.09$2,477.04$2,600.89$2,730.94 TRAFFIC DEVICES TECH SUPV6175CVEA$32.30$33.91$35.61$37.39$39.26$2,583.76$2,712.95$2,848.60$2,991.03$3,140.58 TRAFFIC ENGINEER6024PROF$38.12$40.02$42.02$44.12$46.33$3,049.25$3,201.71$3,361.80$3,529.89$3,706.38 TRAFFIC OFFICER (HOURLY)5293UCHR$14.24$14.95$15.69----$1,139.42$1,195.84$1,255.53---- TRAINING PROGRAM SPEC (HRLY)5250UCHR$22.42$23.54$24.72$25.96$27.25$1,793.74$1,883.44$1,977.61$2,076.49$2,180.31 TRAINING PROGRAMS SPECIALIST5262CVEA$22.42$23.54$24.72$25.96$27.25$1,793.74$1,883.44$1,977.61$2,076.49$2,180.31 TRANS ENGINEER W/ CERT6031WCE$44.21$46.42$48.75$51.18$53.74$3,537.13$3,713.99$3,899.69$4,094.67$4,299.40 TRANS ENGINEER W/O CERT6033WCE$42.11$44.21$46.42$48.75$51.18$3,368.69$3,537.13$3,713.98$3,899.68$4,094.67 TRANSIT MANAGER6218MMUC$45.69$47.97$50.37$52.89$55.54$3,655.16$3,837.92$4,029.82$4,231.31$4,442.87 TREASURY AND BUSINESS MANAGER3611SM$54.30------$66.00$4,343.88------$5,280.02 TREE TRIMMER6575CVEA$21.37$22.44$23.56$24.74$25.97$1,709.43$1,794.90$1,884.64$1,978.88$2,077.82 TREE TRIMMER SUPERVISOR6572CVEA$29.49$30.96$32.51$34.14$35.84$2,359.02$2,476.97$2,600.81$2,730.86$2,867.40 VETERINARIAN5321PROF$37.42$39.29$41.26$43.32$45.48$2,993.57$3,143.25$3,300.41$3,465.43$3,638.71 VETERINARIAN (HOURLY)5308UCHR$45.85$48.15$50.56$53.09$55.74$3,667.78$3,852.02$4,044.62$4,246.85$4,459.19 VETERINARIAN (PERMITTED)5331PROF$52.69$55.32$58.09$60.99$64.04$4,214.95$4,425.70$4,646.98$4,879.33$5,123.30 VETERINARIAN-PERMITTED5322UCHR$64.84$68.08$71.48$75.06$78.81$5,186.99$5,446.34$5,718.66$6,004.59$6,304.82 Approved and Adopted: Resolution No.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 147 Fiscal Year 2015-2016 Compensation Schedule Effective June 26, 2015 Hourly RateBi-Weekly Rate POSITION TITLEPCNBARGStep AStep BStep CStep DStep EStep AStep BStep CStep DStep E VETERINARY ASSISTANT5325CVEA$17.51$18.38$19.30$20.27$21.28$1,400.70$1,470.74$1,544.28$1,621.49$1,702.56 VETERINARY ASSISTANT (HOURLY)5323UCHR$17.51$18.38$19.30$20.27$21.28$1,400.70$1,470.74$1,544.27$1,621.49$1,702.57 VOLUNTEER COORD (DEPT)7131CVEA$19.14$20.10$21.10$22.16$23.26$1,531.19$1,607.75$1,688.14$1,772.55$1,861.17 VOLUNTEER COORD (DEPT)(HOURLY)7132UCHR$19.14$20.10$21.10$22.16$23.26$1,531.19$1,607.75$1,688.14$1,772.55$1,861.17 WASTEWATER COLLECTIONS MGR6334MM$41.80$43.89$46.09$48.39$50.81$3,344.08$3,511.29$3,686.85$3,871.19$4,064.76 WEBMASTER2777CVEA$28.81$30.25$31.76$33.35$35.02$2,304.68$2,419.91$2,540.91$2,667.95$2,801.35 WEBMASTER (HOURLY)2790UCHR$28.81$30.25$31.76$33.35$35.02$2,304.68$2,419.92$2,540.91$2,667.95$2,801.35 Revised: July 21, 2015 September 15, 2015 October 6, 2015 Λ9ŅŅĻĭƷźǝĻ hĭƷƚĬĻƩ ЋͲ ЋЉЊЎΜ November 3, 2015 Λ9ŅŅĻĭƷźǝĻ hĭƷƚĬĻƩ ЌЉͲ ЋЉЊЎΜ November 10, 2015 December 15, 2015 Λ9ŅŅĻĭƷźǝĻ 5ĻĭĻƒĬĻƩ ЋЎͲ ЋЉЊЎΜ Approved and Adopted: Resolution No.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 148 FiscalYear20152016CompensationSchedule EffectiveJune26,2015 HourlyRateBiWeeklyRate POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE ACCOUNTANT3633CONF$31.92$33.52$35.20$36.95$38.80$2,553.84$2,681.54$2,815.61$2,956.39$3,104.21 ACCOUNTINGASSISTANT3641CVEA$19.53$20.50$21.53$22.60$23.73$1,562.12$1,640.23$1,722.24$1,808.35$1,898.77 ACCOUNTINGASSISTANT(HRLY)3640UCHR$19.53$20.50$21.53$22.60$23.73$1,562.13$1,640.23$1,722.25$1,808.35$1,898.77 ACCOUNTINGTECH(HOURLY)3676UCHR$24.70$25.94$27.23$28.59$30.02$1,976.09$2,074.90$2,178.63$2,287.57$2,401.95 ACCOUNTINGTECHNICIAN3643CONF$24.70$25.94$27.23$28.59$30.02$1,976.09$2,074.89$2,178.64$2,287.57$2,401.95 ACCOUNTINGTECHNICIAN3675CVEA$24.70$25.94$27.23$28.59$30.02$1,976.09$2,074.89$2,178.64$2,287.57$2,401.94 ACCOUNTSPAYABLESUPERVISOR3645CVEA$28.41$29.83$31.32$32.88$34.53$2,272.50$2,386.13$2,505.44$2,630.70$2,762.24 ADMINSECRETARY(MAYOR,ATWILL)0154CONF$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.31$2,234.73$2,346.46 ADMINSERVICESMANAGER0215SM$43.72$53.14$3,497.53$4,251.27 ADMINISTRATIVESECRETARY0149CONF$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.31$2,234.73$2,346.46 ADMINISTRATIVESECRETARY0179CVEA$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.31$2,234.73$2,346.46 ADMINISTRATIVETECH(HOURLY)0127UCHR$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.31$2,234.73$2,346.46 ADMINISTRATIVETECHNICIAN0147CONF$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.31$2,234.73$2,346.46 ADMINISTRATIVETECHNICIAN0181CVEA$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.31$2,234.73$2,346.46 ANIMALADOPTIONCOUNSELOR5310CVEA$20.88$21.92$23.02$24.17$25.38$1,670.45$1,753.97$1,841.68$1,933.76$2,030.44 ANIMALCAREAIDE(HRLY)5316UCHR$11.32$11.91$12.55$13.20$13.90$905.56$953.01$1,003.78$1,056.21$1,111.98 ANIMALCAREFACADMINISTRATOR5327SM$50.94$53.49$56.16$58.97$61.92$4,075.15$4,278.90$4,492.84$4,717.49$4,953.36 T5343CVEA$17.51$18.38$19.30$20.27$21.28$1,400.70$1,470.74$1,544.28$1,621.49$1,702.56 ANIMALCARESPECIALIS ANIMALCARESPECIALIST(HRLY)5344UCHR$17.51$18.38$19.30$20.27$21.28$1,400.70$1,470.74$1,544.27$1,621.49$1,702.57 ANIMALCARESUPERVISOR5319CVEA$24.31$25.53$26.81$28.15$29.55$1,945.04$2,042.29$2,144.40$2,251.63$2,364.20 ANIMALCONTROLOFFICER5303CVEA$21.01$22.06$23.16$24.32$25.54$1,680.84$1,764.88$1,853.13$1,945.78$2,043.07 ANIMALCONTROLOFFICER(HRLY)5305UCHR$21.01$22.06$23.16$24.32$25.54$1,680.83$1,764.88$1,853.12$1,945.78$2,043.07 ANIMALCTRLOFFCRSUPERVISOR5304CVEA$24.16$25.37$26.64$27.97$29.37$1,932.95$2,029.61$2,131.09$2,237.64$2,349.53 ANIMALSERVICESSPECIALIST5309CVEA$19.10$20.06$21.06$22.11$23.22$1,528.03$1,604.44$1,684.66$1,768.89$1,857.34 APPLICATIONSSUPPSPECHRLY3078UCHR$32.53$34.16$35.87$37.66$39.54$2,602.54$2,732.67$2,869.29$3,012.76$3,163.40 APPLICATIONSSUPPORTMANAGER3083MM$40.56$42.58$44.71$46.95$49.30$3,244.49$3,406.72$3,577.06$3,755.91$3,943.70 T7741CVEA$21.75$22.84$23.98$25.18$26.44$1,739.91$1,826.91$1,918.25$2,014.16$2,114.87 AQUARIS AQUATICSUPERVISORI7579CVEA$22.31$23.42$24.59$25.82$27.11$1,784.42$1,873.63$1,967.31$2,065.68$2,168.97 AQUATICSUPERVISORII7577CVEA$24.54$25.76$27.05$28.40$29.82$1,962.85$2,061.00$2,164.05$2,272.25$2,385.86 AQUATICSUPERVISORIII7575CVEA$28.22$29.63$31.11$32.66$34.30$2,257.28$2,370.15$2,488.66$2,613.09$2,743.75 ASSISTANTCITYCLERK2210SM$36.95$38.79$40.73$42.77$44.91$2,955.82$3,103.60$3,258.79$3,421.72$3,592.80 ASSISTANTDIROFDEVSERVICES4040SM$64.42$78.30$5,153.44$6,264.04 ASSOCACCOUNTANT3635CONF$35.12$36.87$38.71$40.65$42.68$2,809.21$2,949.68$3,097.16$3,252.02$3,414.62 ASSOCENGINEER6017WCE$38.45$40.37$42.39$44.51$46.73$3,075.77$3,229.56$3,391.03$3,560.59$3,738.61 ASSOCLANDSURVEYOR6287WCE$38.45$40.37$42.39$44.51$46.73$3,075.77$3,229.56$3,391.03$3,560.58$3,738.61 ASSOCPLANCHECKENGINEER4747WCE$38.45$40.37$42.39$44.51$46.73$3,075.77$3,229.56$3,391.03$3,560.58$3,738.61 ASSOCPLANNER4437CVEA$31.65$33.24$34.90$36.64$38.47$2,532.19$2,658.80$2,791.74$2,931.32$3,077.89 ASSOCPLANNER(HOURLY)4438UCHR$31.65$33.24$34.90$36.64$38.47$2,532.19$2,658.80$2,791.73$2,931.32$3,077.89 ASSTCHIEFOFPOLICE5011SM$63.19$76.81$5,055.31$6,144.76 ASSTCITYATTORNEY2405SM$67.47$70.84$74.39$78.06$82.01$5,397.58$5,667.46$5,950.84$6,245.07$6,560.80 ASSTCITYMANAGER/ADMIN2707EXEC$87.29$105.45$6,983.53$8,435.75 ASSTDIRHUMANRESOURCES3304SM$58.77$70.53$4,701.74$5,642.09 4044SM$64.42$70.89$78.30$5,153.44$5,671.54$6,264.04 ASSTDIROFDEVSVCS(INTERIM) ASSTDIROFFINANCE3604SM$58.42$70.53$4,673.34$5,642.09 ASSTDIROFPUBLICWORKS6322SM$58.42$68.96$70.53$4,673.34$5,517.17$5,642.09 ASSTDIROFRECREATION7401SM$48.26$58.66$3,860.47$4,692.43 ASSTDIRECTOROFENGINEERING6008SM$58.42$70.53$4,673.34$5,642.09 ASSTENGINEER6015WCE$33.43$35.10$36.86$38.70$40.64$2,674.58$2,808.31$2,948.72$3,096.17$3,250.97 ASSTLANDSURVEYOR6289WCE$33.43$35.10$36.86$38.70$40.64$2,674.58$2,808.31$2,948.72$3,096.16$3,250.97 ASSTPLANCHECKENGINEER4749WCE$33.43$35.10$36.86$38.70$40.64$2,674.58$2,808.30$2,948.73$3,096.16$3,250.96 ASSTPLANNER4439CVEA$28.77$30.21$31.72$33.31$34.98$2,301.98$2,417.08$2,537.94$2,664.84$2,798.09 AUTOMATEDFINGERPRINTTECH5123CVEA$19.10$20.06$21.06$22.11$23.22$1,528.04$1,604.44$1,684.65$1,768.89$1,857.34 BENEFITSMANAGER3404MMCF$43.09$45.24$47.50$49.88$52.37$3,446.87$3,619.21$3,800.17$3,990.18$4,189.70 BENEFITSTECHNICIANHOURLY3400UCHR$22.39$23.51$24.69$25.92$27.22$1,791.39$1,880.96$1,975.01$2,073.76$2,177.44 BLDGPROJECTMANAGER6412PROF$38.49$40.42$42.44$44.56$46.79$3,079.37$3,233.33$3,395.00$3,564.75$3,742.99 2222SM$54.69$66.00$4,375.46$5,280.02 BUDGET&ANALYSISMANAGER BUILDINGINSPECTIONMGR4769MM$40.54$42.56$44.69$46.92$49.27$3,242.84$3,404.97$3,575.22$3,753.99$3,941.69 BUILDINGINSPECTORI4771CVEA$27.86$29.26$30.72$32.24$33.87$2,229.13$2,340.59$2,457.62$2,579.32$2,709.52 BUILDINGINSPECTORII4773CVEA$30.65$32.18$33.79$35.48$37.26$2,452.05$2,574.66$2,703.39$2,838.56$2,980.49 BUILDINGINSPECTORIIHRLY4774UCHR$30.65$32.18$33.79$35.48$37.26$2,452.05$2,574.66$2,703.39$2,838.56$2,980.49 BUILDINGINSPECTORIII4775CVEA$33.72$35.40$37.17$39.03$40.98$2,697.26$2,832.12$2,973.73$3,122.41$3,278.53 BUILDINGOFFICIAL/CODEENFMGR4780SM$61.35$74.57$4,908.03$5,965.75 BUSINESSLICENSEREP4505CVEA$19.53$20.50$21.53$22.60$23.73$1,562.12$1,640.23$1,722.24$1,808.35$1,898.77 CARPENTER6444CVEA$24.31$25.53$26.81$28.15$29.55$1,945.19$2,042.45$2,144.58$2,251.80$2,364.39 AllpositiontitlesdesignatedasExecutiveΛͻ99/ͼΜorSeniorManagementΛͻ{aͼΜhavesalarybandswithaminimumΛͻ{ƷĻƦ!ͼΜandmaximumΛͻ{ƷĻƦ9ͼΜsalary;salaryappointmentsandsubsequent adjustmentswithintheapprovedsalaryrangemaybemadebytheƦƚƭźƷźƚƓƭappointingauthority. ApprovedandAdopted: ResolutionNo.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 149 FiscalYear20152016CompensationSchedule EffectiveJune26,2015 HourlyRateBiWeeklyRate POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE CBAGDEPUTYDIRECTORSDLECC5269SM$45.09$52.19$54.80$3,606.94$4,175.48$4,384.26 CBAGDEPUTYEXECUTIVEDIRECTOR5273SM$46.68$58.46$3,734.34$4,676.66 CBAGEXECUTIVEDIRECTOR5272EXEC$54.91$60.54$68.76$4,392.69$4,842.94$5,501.14 CBAGPROGRAMMANAGER5285MM$45.08$47.34$49.70$52.19$54.80$3,606.59$3,786.91$3,976.26$4,175.07$4,383.83 CHIEFOFPOLICE5001EXEC$81.77$97.32$99.39$6,541.22$7,785.95$7,950.91 CHIEFOFSTAFF2011MMUC$29.84$31.34$32.90$34.55$36.28$2,387.49$2,506.87$2,632.21$2,763.82$2,902.02 CHIEFSUSTAINABILITYOFFICER2729SM$58.42$68.96$70.53$4,673.34$5,517.17$5,642.09 CITYATTORNEY(ELECTED)2400CATY$90.89$7,270.81 CITYCLERK2201CCLK$70.06$5,604.53 CITYENGINEER6010SM$58.83$71.51$4,706.70$5,721.01 CITYMANAGER2710CMGR$116.37$9,309.26 CIVILBCKGRNDINVEST(HOURLY)5430UCHR$23.11$24.27$25.48$26.75$28.09$1,848.92$1,941.37$2,038.43$2,140.35$2,247.38 CIVILIANBACKGROUNDINVEST5429CVEA$23.11$24.27$25.48$26.75$28.09$1,848.92$1,941.37$2,038.43$2,140.35$2,247.37 CIVILIANPOLICEINVESTIGATOR5431UCHR$25.79$27.08$28.43$29.85$31.35$2,063.15$2,166.32$2,274.63$2,388.36$2,507.78 CLERICALAIDE0241UCHR$10.55$11.07$11.63$12.21$12.82$843.66$885.84$930.14$976.64$1,025.47 CODEENFOFFICERI4777CVEA$24.20$25.41$26.68$28.02$29.42$1,936.25$2,033.05$2,134.72$2,241.45$2,353.52 CODEENFOFFICERI(HOURLY)4776UCHR$24.20$25.41$26.68$28.02$29.42$1,936.25$2,033.05$2,134.72$2,241.45$2,353.53 CODEENFOFFICERII4779CVEA$26.62$27.95$29.35$30.82$32.36$2,129.87$2,236.37$2,348.19$2,465.59$2,588.87 CODEENFOFFICERII(HOURLY)4778UCHR$26.62$27.95$29.35$30.82$32.36$2,129.87$2,236.36$2,348.19$2,465.60$2,588.88 CODEENFORCEMENTTECHNICIAN4789CVEA$21.05$22.10$23.20$24.36$25.58$1,683.70$1,767.88$1,856.27$1,949.09$2,046.54 COLLECTIONSSUPERVISOR3683MM$33.65$35.34$37.10$38.96$40.91$2,692.22$2,826.83$2,968.18$3,116.59$3,272.41 COMMUNICATIONSYSTEMMGR5161MM$29.73$31.21$32.77$34.41$36.13$2,378.22$2,497.13$2,621.99$2,753.09$2,890.74 COMMUNITYSERVOFFICER5141CVEA$19.10$20.06$21.06$22.11$23.22$1,528.03$1,604.44$1,684.66$1,768.89$1,857.34 CONSERVATIONSPECIALISTI6200CVEA$22.00$23.10$24.26$25.47$26.74$1,760.22$1,848.23$1,940.64$2,037.68$2,139.57 CONSERVATIONSPECIALISTII6202CVEA$24.20$25.41$26.68$28.02$29.42$1,936.25$2,033.05$2,134.72$2,241.45$2,353.52 CONSTITUENTSERVICESMANAGER2038PRUC$27.43$28.80$30.24$31.75$33.34$2,194.45$2,304.17$2,419.37$2,540.35$2,667.36 CONSTRUCTION&REPAIRSUPVSR6427CVEA$33.76$35.45$37.23$39.09$41.04$2,701.14$2,836.20$2,978.01$3,126.91$3,283.26 COUNCILASSISTANT2023UCHR$22.91$24.06$25.26$26.52$27.85$1,832.86$1,924.50$2,020.73$2,121.76$2,227.85 COUNCILPERSON2003CL$23.99$1,919.49 CRIMELABORATORYMANAGER5101MM$43.58$45.76$48.04$50.45$52.97$3,486.24$3,660.56$3,843.59$4,035.77$4,237.55 4435PROF$36.52$38.35$40.27$42.28$44.39$2,921.75$3,067.83$3,221.23$3,382.29$3,551.41 CULTURALARTSPROGRAMMGR CUSTODIALSUPERVISOR6667CVEA$22.34$23.46$24.63$25.86$27.15$1,787.13$1,876.49$1,970.31$2,068.82$2,172.27 CUSTODIAN6661CVEA$17.66$18.54$19.47$20.44$21.47$1,412.75$1,483.38$1,557.55$1,635.43$1,717.20 CUSTODIAN(HOURLY)6662UCHR$17.66$18.54$19.47$20.44$21.47$1,412.74$1,483.39$1,557.55$1,635.43$1,717.20 DELIVERYDRIVER7191CVEA$16.19$17.00$17.85$18.74$19.68$1,295.02$1,359.77$1,427.76$1,499.15$1,574.11 DELIVERYDRIVER(HOURLY)7192UCHR$16.19$17.00$17.85$18.74$19.68$1,295.02$1,359.77$1,427.76$1,499.15$1,574.10 DEPCITYMANAGER2705EXEC$90.29$99.55$7,223.45$7,963.85 DEPUTYCITYATTORNEYI2410PRUC$40.33$42.34$44.46$46.68$49.02$3,226.12$3,387.42$3,556.79$3,734.63$3,921.36 DEPUTYCITYATTORNEYII2408PRUC$48.39$50.81$53.35$56.02$58.82$3,871.33$4,064.90$4,268.15$4,481.55$4,705.63 DEPUTYCITYATTYIII2411SM$60.74$63.77$66.96$70.31$73.82$4,858.83$5,101.77$5,356.86$5,624.70$5,905.90 DEPUTYCITYCLERKI2245PRUC$24.94$26.18$27.49$28.87$30.31$1,994.95$2,094.69$2,199.43$2,309.40$2,424.86 DEPUTYCITYCLERKII2243PRUC$27.43$28.80$30.24$31.75$33.34$2,194.44$2,304.16$2,419.37$2,540.34$2,667.36 DEPUTYFIRECHIEF5505SM$60.72$73.81$4,857.83$5,904.72 DEPUTYFIRECHIEF(INTERIM)5504SM$60.72$73.81$4,857.83$5,904.72 DETENTIONFACILITYMANAGER5130MM$43.58$45.76$48.04$50.45$52.97$3,486.24$3,660.56$3,843.59$4,035.77$4,237.55 DEVELOPMENTSERVICESTECHI4542CVEA$19.91$20.90$21.95$23.05$24.20$1,592.66$1,672.29$1,755.91$1,843.70$1,935.89 $90.19$91.64$6,030.87$7,214.88$7,331.54 DEVELOPMENTSVCSDEPTDIR4039EXEC$75.39 DEVELOPMENTSVCSTECHII4541CVEA$21.90$22.99$24.14$25.35$26.62$1,751.93$1,839.52$1,931.50$2,028.07$2,129.48 DEVELOPMENTSVCSTECHIII4543CVEA$25.18$26.44$27.77$29.15$30.61$2,014.71$2,115.45$2,221.22$2,332.28$2,448.90 DEVLPMENTSVCSTECHII(HRLY)4544UCHR$21.90$22.99$24.14$25.35$26.62$1,751.92$1,839.53$1,931.50$2,028.07$2,129.48 DEVLPMTSVCSCOUNTERMGR4547MM$42.04$44.14$46.35$48.66$51.10$3,363.03$3,531.18$3,707.74$3,893.13$4,087.79 DIROFECONDEVELOPMENT2734EXEC$70.53$85.07$5,642.50$6,805.71 DIROFENG/CITYENGINEER6006EXEC$66.80$81.20$5,344.15$6,495.85 DIROFFINANCE3601EXEC$75.93$85.07$91.63$6,074.29$6,805.73$7,330.56 DIROFHUMANRESOURCES3303EXEC$65.89$80.09$5,271.23$6,407.22 DIROFINFOTECHSVCS3001EXEC$65.89$72.64$80.09$5,271.23$5,811.54$6,407.22 Y7002EXEC$70.53$85.07$5,642.50$6,805.70 DIROFLIBRAR DIROFPUBLICWORKS6320EXEC$74.72$88.09$91.63$5,977.82$7,047.51$7,330.56 DIROFRECREATION7405EXEC$60.92$63.97$67.17$70.53$74.05$4,873.84$5,117.53$5,373.41$5,642.08$5,924.19 DIROFREDEVLPMENT&HOUSING4201EXEC$66.80$81.20$5,344.15$6,495.85 ELECTRICIAN6438CVEA$25.53$26.81$28.15$29.56$31.03$2,042.46$2,144.58$2,251.81$2,364.40$2,482.62 ELECTRONIC/EQUIPINSTALLER6492CVEA$23.21$24.37$25.59$26.87$28.21$1,856.78$1,949.62$2,047.10$2,149.45$2,256.93 ELECTRONICSTECHSUPERVISOR6472CVEA$32.30$33.91$35.61$37.39$39.26$2,583.76$2,712.95$2,848.60$2,991.03$3,140.58 ELECTRONICSTECHNICIAN6475CVEA$28.08$29.49$30.96$32.51$34.14$2,246.75$2,359.09$2,477.04$2,600.89$2,730.94 EMERGENCYSRVCSCOORD(HRLY)5565UCHR$35.60$37.38$39.25$41.21$43.27$2,848.15$2,990.55$3,140.08$3,297.08$3,461.94 EMERGENCYSVCSCOORDINATOR5564PROF$36.31$38.13$40.04$42.04$44.14$2,905.11$3,050.36$3,202.88$3,363.03$3,531.18 ApprovedandAdopted: ResolutionNo.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 150 FiscalYear20152016CompensationSchedule EffectiveJune26,2015 HourlyRateBiWeeklyRate POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE EMSNURSECOORDINATOR5567PROF$45.93$48.23$50.64$53.17$55.83$3,674.62$3,858.35$4,051.27$4,253.83$4,466.52 ENGINEERINGTECHI6081CVEA$24.23$25.44$26.71$28.05$29.45$1,938.37$2,035.30$2,137.06$2,243.92$2,356.11 ENGINEERINGTECHII6071CVEA$26.65$27.99$29.38$30.85$32.40$2,132.22$2,238.83$2,350.77$2,468.31$2,591.72 ENVIRONSUSTAINABILITYMGR6207MM$45.66$47.94$50.34$52.85$55.50$3,652.54$3,835.17$4,026.92$4,228.27$4,439.68 ENVIRONMENTALHLTHSPECIALIST6129CVEA$32.04$33.65$35.33$37.09$38.95$2,563.51$2,691.69$2,826.27$2,967.59$3,115.97 ENVIRONMENTALRESOURCESPEC4464CVEA$32.04$33.65$35.33$37.09$38.95$2,563.51$2,691.69$2,826.27$2,967.59$3,115.97 ENVIRONMENTALSERVICESMGR6205MM$45.66$47.94$50.34$52.85$55.50$3,652.54$3,835.17$4,026.92$4,228.27$4,439.68 EQUIPMENTMAINTENANCEMANAGER6505MM$35.97$37.77$39.65$41.64$43.72$2,877.39$3,021.26$3,172.32$3,330.93$3,497.48 EQUIPMENTMECHANIC6542CVEA$24.09$25.30$26.56$27.89$29.28$1,927.36$2,023.73$2,124.91$2,231.16$2,342.72 EQUIPMENTOPERATOR6361CVEA$25.64$26.92$28.27$29.68$31.17$2,051.31$2,153.88$2,261.57$2,374.65$2,493.38 EVIDENCECONTROLASST(HRLY)5117UCHR$18.73$19.66$20.65$21.68$22.76$1,498.08$1,572.98$1,651.63$1,734.21$1,820.92 EXECUTIVESECRETARY0187CONF$29.20$30.66$32.19$33.80$35.49$2,335.83$2,452.62$2,575.25$2,704.02$2,839.22 EXECUTIVESECRETARY(HOURLY)0188UCHR$28.63$30.06$31.56$33.14$34.79$2,290.03$2,404.53$2,524.76$2,650.99$2,783.55 FAACCOUNTINGTECHNICIAN5270CONF$24.70$25.94$27.23$28.59$30.02$1,976.09$2,074.89$2,178.64$2,287.57$2,401.95 FAADMINANALYSTI5297CONF$27.13$28.49$29.91$31.41$32.98$2,170.45$2,278.96$2,392.92$2,512.56$2,638.20 FAADMINANALYSTII5296CONF$29.84$31.34$32.90$34.55$36.28$2,387.50$2,506.88$2,632.21$2,763.82$2,902.02 T5277CONF$20.73$21.77$22.86$24.00$25.20$1,658.60$1,741.53$1,828.60$1,920.03$2,016.03 FAANALYS FADIRECTOROFSDLECC5274SM$57.30$68.76$4,584.28$5,501.13 FAEXECUTIVEASSISTANT5286CONF$26.56$27.89$29.28$30.75$32.29$2,124.96$2,231.20$2,342.76$2,459.90$2,582.90 FAFINANCIALMANAGER5493MMUC$44.53$46.76$49.09$51.55$54.12$3,562.30$3,740.41$3,927.43$4,123.80$4,329.99 T5439PRUC$38.65$40.58$42.61$44.74$46.98$3,091.77$3,246.38$3,408.70$3,579.13$3,758.09 FAGEOSPATIALINTELANALYS FAGRAPHICDESIGNER/WBMSTR5289CONF$28.06$29.47$30.94$32.49$34.11$2,245.17$2,357.43$2,475.14$2,599.07$2,729.02 FAINFOSECURITYPROGRAMMGR5453MMUC$45.08$47.34$49.70$52.19$54.80$3,606.59$3,786.91$3,976.26$4,175.07$4,383.83 FAINTELLIGENCEANALYST5485CONF$28.06$29.47$30.94$32.49$34.11$2,245.17$2,357.43$2,475.13$2,599.07$2,729.02 FAIVDCLECCEXECDIRECTOR5491SM$49.03$51.49$54.06$56.76$59.60$3,922.79$4,118.92$4,324.87$4,541.11$4,768.17 FALECCITMANAGER5440MMUC$41.22$43.29$45.45$47.72$50.11$3,297.90$3,462.80$3,635.95$3,817.74$4,008.63 FAMANAGEMENTASSISTANT5278CONF$25.30$26.56$27.89$29.28$30.75$2,023.77$2,124.96$2,231.21$2,342.77$2,459.91 FAMICROCOMPUTERSPECIALIST5443PRUC$33.52$35.19$36.95$38.80$40.74$2,681.40$2,815.47$2,956.24$3,104.06$3,259.26 FANTWRKADMINISTRATORI5292PRUC$33.73$35.42$37.19$39.05$41.00$2,698.53$2,833.46$2,975.13$3,123.88$3,280.08 FANTWRKADMINISTRATORII5294PRUC$37.10$38.96$40.91$42.95$45.10$2,968.38$3,116.80$3,272.64$3,436.28$3,608.09 T5444PRUC$39.99$41.99$44.09$46.29$48.61$3,199.00$3,358.95$3,526.90$3,703.25$3,888.41 FAPROGRAMANALYS FAPROGRAMASSISTANT5451CONF$20.21$21.22$22.28$23.39$24.56$1,616.62$1,697.45$1,782.32$1,871.44$1,965.01 FAPROGRAMMANAGER5445SM$45.09$47.34$49.71$52.19$54.80$3,606.94$3,787.29$3,976.65$4,175.48$4,384.26 FARCFLNETWRKENGINEER5284CONF$32.57$34.20$35.91$37.70$39.59$2,605.45$2,735.72$2,872.51$3,016.14$3,166.94 T5495PRUC$31.34$32.90$34.55$36.28$38.09$2,506.87$2,632.22$2,763.83$2,902.02$3,047.13 FASRFINANCIALANALYS FASRINTELLIGENCEANALYST5483PRUC$33.00$34.65$36.38$38.20$40.11$2,640.02$2,772.00$2,910.61$3,056.14$3,208.94 FASRSECRETARY5477CONF$20.79$21.83$22.92$24.06$25.27$1,663.04$1,746.20$1,833.51$1,925.18$2,021.43 FASUPVINTELLIGENCEANALYST5481PRUC$36.30$38.12$40.02$42.02$44.12$2,904.00$3,049.20$3,201.66$3,361.75$3,529.83 FACILITIESMANAGER6425MM$40.97$43.01$45.17$47.42$49.79$3,277.30$3,441.16$3,613.23$3,793.89$3,983.58 FACILITY&SUPPLYSPECIALIST5648CVEA$20.76$21.80$22.89$24.03$25.23$1,660.76$1,743.80$1,830.99$1,922.54$2,018.67 FACILITY&SUPPLYSPEC(HRLY)5646UCHR$20.76$21.80$22.89$24.03$25.23$1,660.76$1,743.80$1,830.99$1,922.54$2,018.67 FIELDMAINTENANCESPECIALIST7471CVEA$18.87$19.82$20.81$21.85$22.94$1,509.79$1,585.28$1,664.54$1,747.77$1,835.16 FINANCE&PURCHASINGMGR3625SM$54.30$66.00$4,343.88$5,280.02 FIREAPPARATUSMECH6521CVEA$28.90$30.34$31.86$33.45$35.12$2,311.63$2,427.21$2,548.57$2,676.00$2,809.80 FIREBATTALIONCHIEF(112HR)5511IAFF$34.55$36.27$38.09$39.99$41.99$3,869.24$4,062.70$4,265.84$4,479.13$4,703.09 FIREBATTALIONCHIEF(80HR)5513IAFF$48.37$50.78$53.32$55.99$58.79$3,869.24$4,062.70$4,265.84$4,479.13$4,703.09 FIREBATTALIONCHIEF(INTERIM)5540IAFF$34.55$36.27$38.09$39.99$41.99$3,869.23$4,062.70$4,265.84$4,479.12$4,703.09 FIRECAPTAIN(112HR)5583IAFF$27.73$29.12$30.57$32.10$33.71$3,105.91$3,261.21$3,424.26$3,595.47$3,775.25 FIRECAPTAIN(80HR)5581IAFF$38.82$40.77$42.80$44.94$47.19$3,105.91$3,261.21$3,424.26$3,595.47$3,775.25 5580IAFF$27.73$29.12$30.57$32.10$33.71$3,105.91$3,261.21$3,424.25$3,595.48$3,775.25 FIRECAPTAIN(INTERIM) FIRECHIEF5501EXEC$72.87$86.37$88.57$5,829.39$6,909.80$7,085.67 FIREDIVISIONCHIEF5507MMUC$55.36$58.13$61.03$64.09$67.29$4,428.80$4,650.24$4,882.75$5,126.89$5,383.24 FIREENG(112HR)5603IAFF$23.64$24.83$26.07$27.37$28.74$2,648.16$2,780.58$2,919.60$3,065.58$3,218.86 FIREENG(80HR)5601IAFF$33.10$34.76$36.50$38.32$40.24$2,648.16$2,780.58$2,919.60$3,065.58$3,218.86 FIREENGINEER(INTERIM)5602IAFF$23.64$24.83$26.07$27.37$28.74$2,648.16$2,780.58$2,919.61$3,065.58$3,218.86 FIREINSP/INVESTI5530IAFF$28.00$29.40$30.86$32.41$34.03$2,239.63$2,351.60$2,469.19$2,592.65$2,722.28 FIREINSP/INVESTI(HRLY)5534UCHR$28.00$29.40$30.86$32.41$34.03$2,239.63$2,351.60$2,469.19$2,592.65$2,722.28 FIREINSP/INVESTII5531IAFF$30.79$32.33$33.95$35.65$37.43$2,463.59$2,586.76$2,716.10$2,851.90$2,994.50 FIREINSP/INVESTIIHRLY5532UCHR$30.79$32.33$33.95$35.65$37.43$2,463.59$2,586.76$2,716.10$2,851.90$2,994.50 FIREPREVENG/INVEST5528IAFF$37.14$39.00$40.95$43.00$45.15$2,971.37$3,119.95$3,275.94$3,439.74$3,611.73 FIREPREVENTIONAIDE5535CVEA$13.70$14.38$15.10$15.85$16.65$1,095.60$1,150.38$1,207.90$1,268.30$1,331.71 FIREPREVENTIONAIDE(HRLY)5533UCHR$13.70$14.38$15.10$15.85$16.65$1,095.60$1,150.38$1,207.90$1,268.30$1,331.71 FIREFIGHTER(112HR)5623IAFF$20.10$21.10$22.15$23.26$24.43$2,250.66$2,363.19$2,481.35$2,605.42$2,735.69 FIREFIGHTER(80HR)5621IAFF$28.13$29.54$31.02$32.57$34.20$2,250.66$2,363.19$2,481.35$2,605.42$2,735.69 FIREFIGHTER/PARAMEDIC(112HR)5613IAFF$23.11$24.26$25.48$26.75$28.09$2,588.26$2,717.67$2,853.56$2,996.24$3,146.04 FIREFIGHTER/PARAMEDIC(80HR)5611IAFF$32.35$33.97$35.67$37.45$39.33$2,588.26$2,717.67$2,853.56$2,996.24$3,146.04 ApprovedandAdopted: ResolutionNo.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 151 FiscalYear20152016CompensationSchedule EffectiveJune26,2015 HourlyRateBiWeeklyRate POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE FISCAL&MANAGEMENTANALYST0216PRCF$41.30$43.36$45.53$47.81$50.20$3,303.72$3,468.90$3,642.35$3,824.46$4,015.69 FISCALOFFICESPEC(HOURLY)0170UCHR$18.04$18.94$19.89$20.88$21.93$1,443.13$1,515.29$1,591.05$1,670.61$1,754.14 FISCALOFFICESPECIALIST0169CVEA$18.04$18.94$19.89$20.88$21.93$1,443.14$1,515.29$1,591.06$1,670.61$1,754.14 FLEETINVENTORYCONTROLSPEC6513CVEA$23.87$25.07$26.32$27.64$29.02$1,909.88$2,005.37$2,105.64$2,210.92$2,321.47 FLEETMANAGER6501MM$39.96$41.95$44.05$46.25$48.57$3,196.46$3,356.29$3,524.10$3,700.30$3,885.32 FORENSICSSPECIALIST5114CVEA$28.61$30.04$31.54$33.12$34.77$2,288.60$2,403.03$2,523.17$2,649.34$2,781.81 GARDENER(SEASONAL)6629UCHR$17.66$18.54$19.47$20.44$21.47$1,412.74$1,483.39$1,557.55$1,635.43$1,717.20 GARDENERI6627CVEA$17.66$18.54$19.47$20.44$21.47$1,412.75$1,483.38$1,557.55$1,635.43$1,717.20 GARDENERII6623CVEA$19.43$20.40$21.42$22.49$23.61$1,554.03$1,631.73$1,713.31$1,798.98$1,888.93 GISMANAGER3079MM$40.96$43.01$45.16$47.41$49.78$3,276.62$3,440.46$3,612.48$3,793.10$3,982.76 GISSPECIALIST3081CVEA$28.81$30.25$31.76$33.35$35.02$2,304.68$2,419.91$2,540.91$2,667.95$2,801.35 GISSPECIALIST(HOURLY)3092UCHR$28.81$30.25$31.76$33.35$35.02$2,304.68$2,419.92$2,540.91$2,667.95$2,801.35 GRAFFITIABATEMENTCOORDINATOR6339CVEA$29.32$30.78$32.32$33.94$35.64$2,345.44$2,462.72$2,585.85$2,715.14$2,850.90 GRAPHICDESIGNER2775CVEA$25.52$26.80$28.14$29.54$31.02$2,041.63$2,143.71$2,250.90$2,363.44$2,481.62 GYMNASTICSPECIALIST7543UCHR$15.10$15.86$16.65$17.48$18.36$1,208.09$1,268.50$1,331.92$1,398.52$1,468.44 HOUSINGMANAGER4093SM$50.43$60.81$4,034.01$4,864.98 T3310PRCF$31.88$33.47$35.14$36.90$38.75$2,550.11$2,677.61$2,811.49$2,952.07$3,099.67 HRANALYS HRANALYST(HOURLY)3312UCHR$31.88$33.47$35.14$36.90$38.75$2,550.11$2,677.61$2,811.49$2,952.07$3,099.67 HROPERATIONSMANAGER3317SM$46.39$56.38$3,711.01$4,510.76 HRTECHNICIAN3315CONF$22.92$24.07$25.27$26.54$27.86$1,833.92$1,925.61$2,021.90$2,122.99$2,229.14 HVACTECHNICIAN6430CVEA$25.53$26.81$28.15$29.56$31.03$2,042.46$2,144.58$2,251.81$2,364.40$2,482.62 INFOTECHMANAGER5104SM$49.84$59.80$3,986.86$4,784.24 INFOTECHSUPPORTSPECIALIST3014PROF$33.52$35.19$36.95$38.80$40.74$2,681.40$2,815.47$2,956.24$3,104.06$3,259.26 INTERN,GRADUATE0269UCHR$13.33$14.00$14.70$15.43$16.20$1,066.42$1,119.74$1,175.73$1,234.51$1,296.24 INTERN,UNDERGRADUATE0267UCHR$12.12$12.72$13.36$14.03$14.73$969.47$1,017.95$1,068.84$1,122.29$1,178.40 ITSUPPORTSPECIALIST(HOURLY)3002UCHR$32.86$34.50$36.23$38.04$39.94$2,628.83$2,760.26$2,898.28$3,043.19$3,195.35 LANDSCAPEARCHITECT4480PROF$36.52$38.35$40.27$42.28$44.39$2,921.75$3,067.84$3,221.23$3,382.30$3,551.41 LANDSCAPEINSPECTOR6291CVEA$27.86$29.26$30.72$32.26$33.87$2,229.14$2,340.60$2,457.63$2,580.51$2,709.54 LANDSCAPEPLANNERI4482CVEA$28.77$30.21$31.72$33.31$34.98$2,301.99$2,417.09$2,537.94$2,664.84$2,798.08 LANDSCAPEPLANNERII4483CVEA$31.65$33.24$34.90$36.64$38.47$2,532.19$2,658.80$2,791.74$2,931.32$3,077.89 LATENTPRINTEXAMINER5111CVEA$32.90$34.54$36.27$38.08$39.99$2,631.89$2,763.49$2,901.66$3,046.74$3,199.08 LATENTPRINTEXAMINERHRLY5112UCHR$32.90$34.54$36.27$38.08$39.99$2,631.90$2,763.49$2,901.66$3,046.74$3,199.08 LAWOFFICEMANAGER2465MMUC$33.58$35.26$37.02$38.88$40.82$2,686.60$2,820.93$2,961.98$3,110.08$3,265.58 LEADCUSTODIAN6663CVEA$19.43$20.40$21.42$22.49$23.61$1,554.03$1,631.73$1,713.31$1,798.98$1,888.93 T0183CONF$24.37$25.59$26.87$28.21$29.62$1,949.55$2,047.03$2,149.38$2,256.85$2,369.70 LEGALASSISTAN LIBRARIANI7075CVEA$23.14$24.30$25.51$26.79$28.13$1,851.10$1,943.66$2,040.84$2,142.88$2,250.02 LIBRARIANI(HOURLY)7076UCHR$23.14$24.30$25.51$26.79$28.13$1,851.10$1,943.65$2,040.84$2,142.88$2,250.02 LIBRARIANII7073CVEA$25.45$26.73$28.06$29.46$30.94$2,036.21$2,138.02$2,244.92$2,357.17$2,475.03 LIBRARIANII(HOURLY)7074UCHR$25.45$26.73$28.06$29.46$30.94$2,036.22$2,138.02$2,244.93$2,357.17$2,475.03 LIBRARIANIII7071CVEA$28.00$29.40$30.87$32.41$34.03$2,239.83$2,351.83$2,469.42$2,592.89$2,722.53 LIBRARYAIDE7181UCHR$10.55$11.07$11.63$12.21$12.82$843.66$885.84$930.14$976.64$1,025.47 T7157CVEA$16.64$17.48$18.35$19.27$20.23$1,331.46$1,398.04$1,467.93$1,541.34$1,618.40 LIBRARYASSISTAN LIBRARYASSOCIATE7091CVEA$21.04$22.09$23.19$24.35$25.57$1,682.82$1,766.96$1,855.31$1,948.07$2,045.48 LIBRARYASSOCIATE(HOURLY)7092UCHR$21.04$22.09$23.19$24.35$25.57$1,682.82$1,766.96$1,855.31$1,948.08$2,045.47 LIBRARYDIGITALSERVICESMGR7025MM$39.70$41.69$43.77$45.96$48.26$3,176.36$3,335.18$3,501.93$3,677.03$3,860.88 LIBRARYOPERATIONSMANAGER7029MM$45.68$47.96$50.36$52.88$55.53$3,654.45$3,837.17$4,029.03$4,230.49$4,442.01 LIBRARYTECHNICIAN7121CVEA$19.14$20.10$21.10$22.16$23.26$1,531.19$1,607.75$1,688.14$1,772.55$1,861.17 LIBRARYTECHNICIAN(HOURLY)7122UCHR$19.14$20.10$21.10$22.16$23.26$1,531.19$1,607.75$1,688.14$1,772.55$1,861.17 LIBRARYVISITORASSISTANT7185UCHR$13.25$13.92$14.61$15.34$16.11$1,060.32$1,113.34$1,169.01$1,227.46$1,288.83 LIFEGUARDI7587UCHR$13.82$14.52$15.24$16.00$16.80$1,105.96$1,161.26$1,219.33$1,280.29$1,344.31 LIFEGUARDII7585UCHR$15.21$15.97$16.77$17.60$18.48$1,216.59$1,277.42$1,341.29$1,408.36$1,478.77 LITERACYTEAMCOORD7036PROF$30.35$31.86$33.46$35.13$36.89$2,427.78$2,549.16$2,676.62$2,810.45$2,950.98 LOCKSMITH6443CVEA$24.31$25.53$26.81$28.15$29.55$1,945.19$2,042.45$2,144.58$2,251.80$2,364.39 MAINTENANCEWORKERI6377CVEA$17.66$18.54$19.47$20.44$21.47$1,412.75$1,483.38$1,557.55$1,635.43$1,717.20 MAINTENANCEWORKERI(HRLY)6379UCHR$17.66$18.54$19.47$20.44$21.47$1,412.74$1,483.39$1,557.55$1,635.43$1,717.20 MAINTENANCEWORKERII6373CVEA$19.43$20.40$21.42$22.49$23.61$1,554.03$1,631.73$1,713.31$1,798.98$1,888.93 MAINTENANCEWORKERIIHRLY6381UCHR$19.43$20.40$21.42$22.49$23.61$1,554.02$1,631.73$1,713.31$1,798.98$1,888.93 MANAGEMENTANALYST0225CVEA$29.84$31.34$32.90$34.55$36.28$2,387.49$2,506.88$2,632.22$2,763.83$2,902.02 MARKTNG&COMMUNICATIONSMGR2781SM$53.12$54.62$64.57$4,249.69$4,369.55$5,165.53 MAYOR2001MY$59.98$4,798.73 MECHANICASSISTANT6550CVEA$19.40$20.37$21.39$22.46$23.58$1,552.27$1,629.88$1,711.37$1,796.94$1,886.79 MUSEUMATTENDANT7215UCHR$10.94$11.49$12.06$12.67$13.30$875.38$919.15$965.11$1,013.36$1,064.02 OFFICESPECIALIST0161CVEA$17.18$18.04$18.94$19.89$20.88$1,374.41$1,443.13$1,515.29$1,591.05$1,670.58 0160UCHR$17.18$18.04$18.94$19.89$20.88$1,374.41$1,443.13$1,515.29$1,591.05$1,670.58 OFFICESPECIALIST(HOURLY) OFFICESPECIALIST(MYR/@WILL)0162CVEA$17.18$18.04$18.94$19.89$20.88$1,374.42$1,443.14$1,515.29$1,591.06$1,670.58 OFFICESPECIALIST(MYR/AW/HR)0156UCHR$17.18$18.04$18.94$19.89$20.88$1,374.42$1,443.13$1,515.29$1,591.05$1,670.58 ApprovedandAdopted: ResolutionNo.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 152 FiscalYear20152016CompensationSchedule EffectiveJune26,2015 HourlyRateBiWeeklyRate POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE OPENSPACEINSPECTOR6311CVEA$27.86$29.26$30.72$32.26$33.87$2,229.14$2,340.60$2,457.63$2,580.51$2,709.54 OPENSPACEMANAGER6302MM$38.73$40.67$42.70$44.83$47.08$3,098.35$3,253.26$3,415.92$3,586.72$3,766.05 OPS&TELECOMMGR3025MM$40.96$43.01$45.16$47.41$49.78$3,276.62$3,440.45$3,612.47$3,793.10$3,982.75 PAINTER6434CVEA$23.21$24.37$25.59$26.87$28.21$1,856.78$1,949.62$2,047.10$2,149.46$2,256.93 PARKRANGER7434UCHR$13.25$13.91$14.61$15.34$16.10$1,059.90$1,112.89$1,168.53$1,226.96$1,288.31 PARKRANGERSUPERVISOR7441CVEA$29.61$31.09$32.64$34.28$35.99$2,368.51$2,487.07$2,611.43$2,742.00$2,879.10 PARKINGENFORCEMENTOFFICER5154CVEA$17.36$18.23$19.14$20.10$21.11$1,389.13$1,458.58$1,531.51$1,608.08$1,688.49 PARKINGMETERTECH(HOURLY)3694UCHR$19.10$20.06$21.06$22.11$23.22$1,528.04$1,604.44$1,684.65$1,768.89$1,857.34 PARKINGMETERTECHNICIAN3693CVEA$19.10$20.06$21.06$22.11$23.22$1,528.04$1,604.44$1,684.65$1,768.89$1,857.34 PARKSMANAGER6604MM$38.73$40.67$42.70$44.84$47.08$3,098.55$3,253.48$3,416.15$3,586.96$3,766.31 PARKSOPERATIONSMANAGER6610MM$45.42$47.69$50.08$52.58$55.21$3,633.86$3,815.54$4,006.32$4,206.64$4,416.97 PARKSSUPERVISOR6605CVEA$29.61$31.09$32.64$34.28$35.99$2,368.64$2,487.07$2,611.43$2,742.00$2,879.10 PEACEOFFICER5061POA$34.30$36.02$37.82$39.71$41.69$2,744.03$2,881.24$3,025.31$3,176.56$3,335.40 PERFORMANCE&ORGDEVMGR2758SM$50.68$60.81$4,054.18$4,864.98 PLANCHECKSUPERVISOR4731MM$44.73$46.97$49.32$51.78$54.37$3,578.54$3,757.46$3,945.34$4,142.61$4,349.74 PLANCHECKTECHNICIAN4753CVEA$26.65$27.99$29.38$30.85$32.40$2,132.22$2,238.83$2,350.77$2,468.31$2,591.73 PLANNINGMANAGER4727SM$52.35$63.15$4,187.70$5,051.80 PLANNINGTECHNICIAN4527CVEA$21.90$22.99$24.14$25.35$26.62$1,751.93$1,839.52$1,931.50$2,028.07$2,129.48 PLUMBER6432CVEA$25.53$26.81$28.15$29.55$31.03$2,042.45$2,144.58$2,251.80$2,364.39$2,482.61 POLICEADMINSVCSADMINISTRATO5025SM$51.25$62.30$4,100.07$4,983.66 POLICEAGENT5051POA$37.77$39.66$41.64$43.72$45.91$3,021.63$3,172.71$3,331.35$3,497.91$3,672.80 5427UCHR$11.22$11.78$12.37$12.98$13.63$897.24$942.10$989.20$1,038.66$1,090.60 POLICECADET POLICECAPTAIN5022SM$63.80$77.54$5,103.71$6,203.59 POLICECOMMRELSPECIALIST5258CVEA$22.42$23.54$24.72$25.96$27.25$1,793.74$1,883.44$1,977.61$2,076.49$2,180.31 POLICECOMMSYSTEMSMANAGER5185MM$40.96$43.01$45.16$47.42$49.79$3,277.00$3,440.85$3,612.89$3,793.53$3,983.21 POLICEDATASPECIALIST0163CVEA$17.18$18.04$18.94$19.89$20.88$1,374.41$1,443.13$1,515.29$1,591.05$1,670.61 POLICEDISPATCHER5181CVEA$25.78$27.07$28.43$29.85$31.34$2,062.69$2,165.83$2,274.12$2,387.83$2,507.22 POLICEDISPATCHER(HOURLY)5180UCHR$25.78$27.07$28.43$29.85$31.34$2,062.70$2,165.83$2,274.12$2,387.83$2,507.22 POLICEDISPATCHERSUPERVISOR5183CVEA$29.65$31.13$32.69$34.33$36.04$2,372.10$2,490.70$2,615.24$2,746.00$2,883.30 POLICEDISPATCHERTRAINEE5179CVEA$23.44$24.61$25.84$27.13$28.49$1,875.17$1,968.93$2,067.38$2,170.75$2,279.29 POLICELIEUTENANT5031POA$52.14$54.75$57.48$60.36$63.38$4,171.25$4,379.81$4,598.80$4,828.74$5,070.19 POLICEREC&SUPPORTSUPV5203CVEA$22.72$23.86$25.05$26.30$27.62$1,817.66$1,908.54$2,003.96$2,104.17$2,209.38 POLICERECORDSSPEC(HOURLY)0166UCHR$17.18$18.04$18.94$19.89$20.88$1,374.41$1,443.13$1,515.29$1,591.05$1,670.61 POLICERECORDSSPECIALIST0165CVEA$17.18$18.04$18.94$19.89$20.88$1,374.41$1,443.13$1,515.29$1,591.05$1,670.61 POLICERECRUIT5071CVEA$25.29$26.55$2,023.01$2,124.16 POLICESERGEANT5041POA$43.45$45.62$47.90$50.30$52.81$3,475.78$3,649.57$3,832.04$4,023.64$4,224.83 POLICESERVICESOFF(HOURLY)5133UCHR$23.11$24.27$25.48$26.75$28.09$1,848.92$1,941.37$2,038.43$2,140.35$2,247.38 POLICESERVICESOFFICER5131CVEA$23.11$24.27$25.48$26.75$28.09$1,848.92$1,941.37$2,038.43$2,140.35$2,247.37 POLICESERVICESTECHNICIAN5415CVEA$22.05$23.15$24.31$25.52$26.80$1,763.94$1,852.14$1,944.75$2,041.98$2,144.08 5205MM$39.65$41.63$43.71$45.90$48.19$3,171.79$3,330.38$3,496.90$3,671.75$3,855.33 POLICESUPPORTSERVICESMGR POLICESVCSOFFICERSUPERVISOR5132CVEA$26.58$27.92$29.30$30.77$32.31$2,126.26$2,233.63$2,344.19$2,461.40$2,584.47 POLICESVCSTECH(HOURLY)5416UCHR$22.05$23.15$24.31$25.52$26.80$1,763.94$1,852.14$1,944.74$2,041.99$2,144.08 POLICETECHSPECIALIST(HRLY)5108UCHR$34.86$36.60$38.43$40.35$42.37$2,788.66$2,928.09$3,074.49$3,228.22$3,389.63 POLICETECHNOLOGYSPECIALIST5107CVEA$34.86$36.60$38.43$40.35$42.37$2,788.66$2,928.09$3,074.49$3,228.22$3,389.63 POLICETRAINING&DEVSUPV5264PROF$33.79$35.48$37.25$39.12$41.07$2,703.25$2,838.40$2,980.34$3,129.35$3,285.81 POLICYAIDE2013PRUC$24.13$25.34$26.60$27.93$29.33$1,930.44$2,026.96$2,128.29$2,234.73$2,346.46 PRINCIPALCIVILENGINEER6021MM$49.10$51.56$54.13$56.84$59.68$3,928.12$4,124.54$4,330.76$4,547.29$4,774.66 PRINCIPALECONOMICDEVSPEC2724PROF$45.66$47.94$50.34$52.85$55.50$3,652.54$3,835.16$4,026.92$4,228.27$4,439.68 T3305MMCF$42.34$44.46$46.68$49.01$51.46$3,387.19$3,556.55$3,734.39$3,921.10$4,117.16 PRINCIPALHRANALYS PRINCIPALLANDSCAPEARCHITECT4486MM$43.58$45.76$48.04$50.45$52.97$3,486.24$3,660.56$3,843.59$4,035.76$4,237.55 PRINCIPALLIBRARIAN7051MM$39.70$41.69$43.77$45.96$48.26$3,176.36$3,335.18$3,501.93$3,677.03$3,860.88 PRINCIPALMANAGEMENTANALYST0208PROF$37.91$39.80$41.79$43.88$46.07$3,032.46$3,184.09$3,343.29$3,510.46$3,685.99 PRINCIPALMGMTANALYST(CONF)0214PRCF$37.91$39.80$41.79$43.88$46.07$3,032.46$3,184.09$3,343.29$3,510.46$3,685.99 PRINCIPALPLANNER4431MM$45.66$47.94$50.34$52.85$55.50$3,652.54$3,835.16$4,026.92$4,228.27$4,439.68 PRINCIPALPROJECTCOORDINATOR4212PROF$45.66$47.94$50.34$52.85$55.50$3,652.54$3,835.16$4,026.92$4,228.27$4,439.68 PRINCIPALRECREATIONMANAGER7410MM$38.73$40.67$42.70$44.84$47.08$3,098.54$3,253.46$3,416.13$3,586.94$3,766.29 PROCUREMENTSPECIALIST3721CVEA$27.09$28.45$29.87$31.36$32.93$2,167.37$2,275.74$2,389.53$2,509.00$2,634.45 PROGRAMMERANALYST3090PROF$33.18$34.84$36.58$38.41$40.33$2,654.59$2,787.32$2,926.68$3,073.02$3,226.67 PROJECTCOORDINATORI4217CVEA$28.77$30.21$31.72$33.31$34.98$2,301.99$2,417.08$2,537.95$2,664.83$2,798.08 PROJECTCOORDINATORI(HRLY)4218UCHR$28.78$30.21$31.72$33.31$34.98$2,302.00$2,417.08$2,537.94$2,664.83$2,798.08 PROJECTCOORDINATORII4215CVEA$31.65$33.23$34.90$36.64$38.47$2,532.19$2,658.79$2,791.73$2,931.32$3,077.89 PROJECTCOORDINATORII(HRLY)4216UCHR$31.65$33.23$34.90$36.64$38.47$2,532.19$2,658.79$2,791.73$2,931.32$3,077.89 PROPERTY&EVIDENCESPECIALIST5127CVEA$19.10$20.06$21.06$22.11$23.22$1,528.04$1,604.44$1,684.66$1,768.89$1,857.34 PUBWORKSSPECIALIST6712CVEA$22.21$23.32$24.49$25.71$27.00$1,776.85$1,865.69$1,958.97$2,056.92$2,159.77 PUBLICINFOOFFICER(HRLY)5032UCHR$35.72$37.50$39.38$41.34$43.41$2,857.23$3,000.09$3,150.09$3,307.59$3,472.98 PUBLICINFORMATIONSPECIALIST2782CONF$27.27$28.64$30.07$31.57$33.15$2,181.81$2,290.90$2,405.45$2,525.71$2,652.00 ApprovedandAdopted: ResolutionNo.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 153 FiscalYear20152016CompensationSchedule EffectiveJune26,2015 HourlyRateBiWeeklyRate POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE PUBLICSAFETYANALYST5254CVEA$29.84$31.34$32.90$34.55$36.28$2,387.50$2,506.88$2,632.22$2,763.83$2,902.02 PUBLICSAFETYANALYST(HRLY)5256UCHR$29.84$31.34$32.90$34.55$36.28$2,387.50$2,506.87$2,632.22$2,763.84$2,902.03 PUBLICWORKSINSPI6123CVEA$27.86$29.26$30.72$32.26$33.87$2,229.14$2,340.60$2,457.63$2,580.51$2,709.54 PUBLICWORKSINSPII6121CVEA$30.65$32.18$33.79$35.48$37.26$2,452.05$2,574.66$2,703.39$2,838.56$2,980.49 PUBLICWORKSMANAGER6336MM$38.73$40.67$42.70$44.83$47.08$3,098.35$3,253.26$3,415.92$3,586.72$3,766.05 PUBLICWORKSSUPERVISOR6337CVEA$29.61$31.09$32.64$34.28$35.99$2,368.64$2,487.07$2,611.43$2,742.00$2,879.10 PUMPMAINTTECHNICIAN6396CVEA$25.29$26.56$27.89$29.28$30.75$2,023.55$2,124.72$2,230.96$2,342.51$2,459.63 PUMPMAINTENANCESUPERVISOR6392CVEA$29.64$31.12$32.68$34.31$36.03$2,371.39$2,489.96$2,614.46$2,745.18$2,882.44 PURCHASINGAGENT3711SM$46.39$56.38$3,711.01$4,510.76 RANGEMASTER5417CVEA$21.01$22.06$23.16$24.32$25.54$1,680.84$1,764.88$1,853.13$1,945.78$2,043.07 RANGEMASTER(HOURLY)5418UCHR$20.60$21.63$22.71$23.85$25.04$1,647.88$1,730.27$1,816.79$1,907.63$2,003.01 RCFLNETWORKENGINEER5450UCHR$31.93$33.53$35.20$36.96$38.81$2,554.37$2,682.08$2,816.19$2,956.99$3,104.84 REALPROPERTYMANAGER6037MMUC$42.51$44.64$46.87$49.21$51.68$3,401.09$3,571.14$3,749.70$3,937.18$4,134.04 RECAIDE7605UCHR$10.00$10.50$11.03$11.58$12.16$800.32$840.34$882.36$926.48$972.80 RECSPECIALIST7601UCHR$15.80$16.59$17.42$18.30$19.21$1,264.33$1,327.55$1,393.92$1,463.62$1,536.80 RECSUPERVISORI(HOURLY)7426UCHR$22.31$23.42$24.59$25.82$27.11$1,784.41$1,873.64$1,967.32$2,065.68$2,168.96 RECORDSMANAGER2211MM$31.57$33.15$34.81$36.55$38.38$2,525.79$2,652.09$2,784.69$2,923.92$3,070.12 RECORDSSPECIALIST2217CVEA$18.90$19.84$20.84$21.88$22.97$1,511.86$1,587.46$1,666.83$1,750.17$1,837.67 RECREATIONLEADERI7609UCHR$11.45$12.02$12.63$13.26$13.92$916.16$961.97$1,010.07$1,060.57$1,113.60 RECREATIONLEADERII7607UCHR$13.17$13.83$14.52$15.25$16.01$1,053.72$1,106.40$1,161.72$1,219.81$1,280.80 RECREATIONSUPERVISORI7425CVEA$22.31$23.42$24.59$25.82$27.11$1,784.41$1,873.63$1,967.31$2,065.68$2,168.96 7423CVEA$24.54$25.76$27.05$28.40$29.82$1,962.85$2,061.00$2,164.05$2,272.25$2,385.86 RECREATIONSUPERVISORII RECREATIONSUPERVISORIII7422CVEA$28.22$29.63$31.11$32.66$34.30$2,257.28$2,370.15$2,488.66$2,613.09$2,743.75 RECYCLINGSPECIALISTI2742CVEA$22.00$23.10$24.26$25.47$26.74$1,760.22$1,848.23$1,940.64$2,037.68$2,139.56 RECYCLINGSPECIALISTII2744CVEA$24.20$25.41$26.68$28.02$29.42$1,936.25$2,033.05$2,134.72$2,241.45$2,353.52 REDEVELOPMENTMANAGER4045SM$47.72$58.01$3,817.72$4,640.46 REGISTEREDVETTECH(HOURLY)5312UCHR$21.01$22.06$23.16$24.32$25.54$1,680.83$1,764.88$1,853.12$1,945.78$2,043.07 REGISTEREDVETERINARYTECH5307CVEA$21.01$22.06$23.16$24.32$25.54$1,680.84$1,764.88$1,853.13$1,945.78$2,043.07 RESERVEOFFICER5081UCHR$14.24$14.95$15.69$1,139.42$1,195.85$1,255.53 RISKMANAGEMENTSPECIALIST3367PRCF$31.87$33.47$35.14$36.90$38.74$2,549.99$2,677.49$2,811.37$2,951.94$3,099.53 RISKMANAGER3361SM$46.85$56.95$3,748.13$4,555.87 SCHOOLCROSSINGGUARD5143UCHR$10.05$10.55$11.08$11.64$12.22$804.19$844.39$886.62$930.94$977.49 SEASONALASSISTANT0231UCHR$9.55$10.03$10.53$11.06$11.61$764.21$802.42$842.54$884.67$928.90 SECRETARY0171CVEA$18.90$19.84$20.84$21.88$22.97$1,511.86$1,587.45$1,666.82$1,750.16$1,837.67 SECRETARY(HOURLY)0152UCHR$18.90$19.84$20.84$21.88$22.97$1,511.85$1,587.45$1,666.83$1,750.17$1,837.68 SIGNALSYSTEMSENGINEERI6169CVEA$32.03$33.64$35.32$37.08$38.94$2,562.73$2,690.87$2,825.41$2,966.69$3,115.02 SIGNALSYSTEMSENGINEERII6170CVEA$35.24$37.00$38.85$40.79$42.83$2,819.01$2,959.95$3,107.96$3,263.35$3,426.52 SIGNING&STRIPINGSUPERVISOR6355CVEA$29.61$31.09$32.64$34.28$35.99$2,368.64$2,487.07$2,611.43$2,742.00$2,879.10 SPECIALEVENTSCOORDINATOR2799PRUC$36.43$38.25$40.16$42.17$44.28$2,914.38$3,060.09$3,213.09$3,373.75$3,542.44 SPECIALPLANNINGPROJMGR4101SM$43.75$53.17$3,499.74$4,253.96 3630MMCF$38.83$40.77$42.81$44.95$47.20$3,106.35$3,261.66$3,424.76$3,595.99$3,775.79 SRACCOUNTANT SRACCOUNTINGASST3651CVEA$22.46$23.58$24.76$26.00$27.29$1,796.45$1,886.27$1,980.58$2,079.61$2,183.59 SRADMINISTRATIVESECRETARY0145CONF$26.54$27.87$29.26$30.73$32.26$2,123.49$2,229.66$2,341.15$2,458.20$2,581.11 SRADMINISTRATIVESECRETARY0185CVEA$26.54$27.87$29.26$30.73$32.26$2,123.49$2,229.66$2,341.15$2,458.20$2,581.11 T5345CVEA$20.14$21.14$22.20$23.31$24.47$1,610.80$1,691.35$1,775.91$1,864.70$1,957.93 SRANIMALCARESPECIALIS SRAPPLICATIONSSUPPORTSPEC3089PROF$36.87$38.71$40.65$42.68$44.81$2,949.54$3,097.02$3,251.87$3,414.47$3,585.19 SRASSTCITYATTORNEY2403EXEC$72.87$88.57$5,829.39$7,085.67 SRBUILDINGINSPECTOR4781CVEA$35.25$37.01$38.86$40.80$42.84$2,819.86$2,960.85$3,108.89$3,264.34$3,427.55 SRBUSINESSLICENSEREP4507CVEA$22.46$23.58$24.76$26.00$27.29$1,796.45$1,886.27$1,980.58$2,079.61$2,183.59 SRCIVILENGINEER6019WCE$44.21$46.42$48.75$51.18$53.74$3,537.13$3,713.99$3,899.69$4,094.68$4,299.40 SRCODEENFOFF(HOURLY)4764UCHR$33.68$35.36$37.13$38.99$40.94$2,694.28$2,829.01$2,970.45$3,118.98$3,274.93 SRCODEENFORCEMENTOFF4763CVEA$33.68$35.36$37.13$38.99$40.94$2,694.29$2,829.00$2,970.45$3,118.97$3,274.92 SRCONSERVATIONSPECIALIST6204CVEA$27.83$29.23$30.69$32.22$33.83$2,226.69$2,338.03$2,454.93$2,577.68$2,706.56 SRCOUNCILASST2027CONF$20.72$21.76$22.84$23.99$25.18$1,657.56$1,740.44$1,827.46$1,918.83$2,014.78 SRCOUNCILASST2025UCHR$25.45$26.73$28.06$29.47$30.94$2,036.31$2,138.13$2,245.03$2,357.28$2,475.15 SRDEPUTYCITYCLERK2208PRUC$31.55$33.12$34.78$36.52$38.34$2,523.60$2,649.79$2,782.27$2,921.38$3,067.45 SRECONOMICDEVSPEC2725PROF$28.81$30.25$31.76$33.35$35.02$2,304.63$2,419.86$2,540.86$2,667.90$2,801.30 SRELECTRICIAN6442CVEA$29.36$30.83$32.37$33.99$35.69$2,348.83$2,466.27$2,589.58$2,719.06$2,855.01 SRELECTRONICSTECHNICIAN6471CVEA$32.30$33.91$35.61$37.39$39.26$2,583.76$2,712.96$2,848.59$2,991.03$3,140.58 SRENGINEERINGTECHNICIAN6059CVEA$30.65$32.18$33.79$35.48$37.26$2,452.05$2,574.65$2,703.38$2,838.55$2,980.49 SREQUIPMENTMECHANIC6512CVEA$27.71$29.09$30.55$32.07$33.68$2,216.46$2,327.29$2,443.65$2,565.84$2,694.13 5529IAFF$35.77$37.56$39.44$41.41$43.48$2,861.73$3,004.83$3,155.06$3,312.82$3,478.47 SRFIREINSP/INVEST SRFISCALOFFSPEC(HRLY)0176UCHR$19.84$20.84$21.88$22.97$24.12$1,587.45$1,666.82$1,750.16$1,837.67$1,929.55 SRFISCALOFFICESPECIALIST0141CONF$19.84$20.84$21.88$22.97$24.12$1,587.45$1,666.82$1,750.16$1,837.67$1,929.55 SRFISCALOFFICESPECIALIST0175CVEA$19.84$20.84$21.88$22.97$24.12$1,587.45$1,666.82$1,750.16$1,837.67$1,929.55 SRGARDENER6621CVEA$23.31$24.48$25.70$26.98$28.33$1,864.84$1,958.08$2,055.98$2,158.78$2,266.72 ApprovedandAdopted: ResolutionNo.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 154 FiscalYear20152016CompensationSchedule EffectiveJune26,2015 HourlyRateBiWeeklyRate POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE SRGISSPECIALIST3080CVEA$31.69$33.27$34.94$36.68$38.52$2,535.15$2,661.90$2,795.00$2,934.75$3,081.49 SRGRAPHICDESIGNER2764PROF$33.01$34.66$36.39$38.21$40.12$2,640.70$2,772.74$2,911.37$3,056.94$3,209.78 T3308PRCF$36.66$38.49$40.42$42.44$44.56$2,932.62$3,079.25$3,233.22$3,394.88$3,564.62 SRHRANALYS SRHUMANRESOURCESTECHNICIAN3316CONF$26.37$27.68$29.07$30.52$32.05$2,109.23$2,214.70$2,325.43$2,441.71$2,563.79 SRHVACTECHNICIAN6441CVEA$29.36$30.83$32.37$33.99$35.69$2,348.83$2,466.27$2,589.58$2,719.06$2,855.01 SRINFOTECHSUPPORTSPEC3012PROF$36.87$38.71$40.65$42.68$44.81$2,949.54$3,097.02$3,251.87$3,414.47$3,585.19 SRLANDSURVEYOR6285WCE$44.21$46.42$48.75$51.18$53.74$3,537.13$3,713.99$3,899.69$4,094.67$4,299.40 SRLANDSCAPEINSPECTOR6295CVEA$32.04$33.65$35.33$37.09$38.95$2,563.51$2,691.69$2,826.28$2,967.59$3,115.96 T2463CONF$26.81$28.15$29.55$31.03$32.58$2,144.51$2,251.74$2,364.32$2,482.54$2,606.67 SRLEGALASSISTAN SRLIBRARIAN7053MM$30.96$32.51$34.13$35.84$37.63$2,476.74$2,600.58$2,730.61$2,867.14$3,010.50 SRLIFEGUARD7589UCHR$16.72$17.55$18.43$19.35$20.32$1,337.40$1,404.27$1,474.48$1,548.21$1,625.62 SRMAINTENANCEWORKER6371CVEA$23.31$24.48$25.70$26.98$28.33$1,864.84$1,958.08$2,055.98$2,158.78$2,266.72 SRMANAGEMENTANALYST0206PROF$34.46$36.18$37.99$39.89$41.89$2,756.78$2,894.61$3,039.35$3,191.32$3,350.88 SROFFICESPECIALIST0173CVEA$18.90$19.84$20.84$21.88$22.97$1,511.86$1,587.45$1,666.82$1,750.16$1,837.67 SROFFICESPECIALIST(HOURLY)0174UCHR$18.90$19.84$20.84$21.88$22.97$1,511.85$1,587.45$1,666.83$1,750.17$1,837.68 SROPENSPACEINSPECTOR6309CVEA$32.04$33.65$35.33$37.09$38.95$2,563.51$2,691.69$2,826.27$2,967.59$3,115.97 SRPARKRANGER7439CVEA$23.31$24.48$25.70$26.98$28.33$1,864.84$1,958.08$2,055.99$2,158.78$2,266.72 SRPLANCHECKENGINEER4746WCE$42.29$44.41$46.63$48.96$51.41$3,383.35$3,552.51$3,730.14$3,916.65$4,112.48 SRPLANCHECKTECHNICIAN4751CVEA$30.65$32.18$33.79$35.48$37.26$2,452.06$2,574.66$2,703.40$2,838.56$2,980.49 SRPLANNER4432PROF$36.52$38.35$40.27$42.28$44.39$2,921.75$3,067.84$3,221.23$3,382.30$3,551.41 SRPLANNINGTECHNICIAN4529CVEA$25.18$26.44$27.77$29.15$30.61$2,014.71$2,115.45$2,221.22$2,332.28$2,448.90 SRPOLICEDATASPECIALIST0164CVEA$19.76$20.75$21.78$22.87$24.02$1,580.58$1,659.61$1,742.59$1,829.72$1,921.21 SRPOLICETECHNOLOGYSPEC5109PROF$40.09$42.09$44.20$46.41$48.73$3,206.96$3,367.31$3,535.68$3,712.46$3,898.08 SRPROCUREMENTSPECIALIST3728PROF$29.96$31.46$33.03$34.68$36.41$2,396.61$2,516.45$2,642.27$2,774.38$2,913.10 T3091PROF$37.94$39.84$41.83$43.92$46.12$3,035.40$3,187.17$3,346.53$3,513.86$3,689.55 SRPROGRAMMERANALYS SRPROJECTCOORDINATOR4214PROF$36.52$38.35$40.27$42.28$44.39$2,921.76$3,067.84$3,221.24$3,382.29$3,551.41 SRPROP&EVIDENCESPECIALIST5125CVEA$21.97$23.06$24.22$25.43$26.70$1,757.25$1,845.11$1,937.36$2,034.23$2,135.94 T5260PROF$33.00$34.65$36.38$38.20$40.11$2,640.02$2,772.03$2,910.63$3,056.16$3,208.97 SRPUBLICSAFETYANALYS SRPUBLICWORKSINSP6101CVEA$35.25$37.01$38.86$40.80$42.84$2,819.86$2,960.85$3,108.90$3,264.34$3,427.56 SRPUBLICWORKSSPECIALIST6702CVEA$26.65$27.99$29.38$30.85$32.40$2,132.22$2,238.83$2,350.77$2,468.31$2,591.72 SRRECORDSSPECIALIST2215CVEA$21.73$22.82$23.96$25.16$26.42$1,738.63$1,825.57$1,916.84$2,012.69$2,113.32 SRRECREATIONMGR7421MM$31.82$33.41$35.08$36.84$38.68$2,545.67$2,672.95$2,806.60$2,946.93$3,094.28 SRRECYCLINGSPECIALIST2746CVEA$27.83$29.23$30.69$32.22$33.83$2,226.69$2,338.03$2,454.93$2,577.68$2,706.56 SRRISKMANAGEMENTSPECIALIST3365PRCF$36.66$38.49$40.42$42.44$44.56$2,932.62$3,079.25$3,233.22$3,394.88$3,564.62 SRSECRETARY0139CONF$20.79$21.83$22.92$24.06$25.27$1,663.04$1,746.19$1,833.50$1,925.18$2,021.44 SRSECRETARY0177CVEA$20.79$21.83$22.92$24.06$25.27$1,663.04$1,746.19$1,833.50$1,925.18$2,021.44 SRSECRETARY(HOURLY)0178UCHR$20.79$21.83$22.92$24.06$25.27$1,663.04$1,746.19$1,833.51$1,925.18$2,021.43 SRTREETRIMMER6573CVEA$25.64$26.92$28.27$29.68$31.17$2,051.31$2,153.88$2,261.57$2,374.65$2,493.38 SRWEBMASTER2779PROF$33.13$34.79$36.53$38.35$40.27$2,650.38$2,782.90$2,922.03$3,068.14$3,221.55 STOREKEEPER3734CVEA$19.43$20.40$21.42$22.49$23.61$1,554.03$1,631.73$1,713.31$1,798.98$1,888.93 STOREKEEPERSUPERVISOR3732CVEA$23.31$24.48$25.70$26.98$28.33$1,864.84$1,958.08$2,055.98$2,158.78$2,266.72 STORMWTRCOMPLNCEINSPI6127CVEA$25.33$26.60$27.93$29.32$30.79$2,026.49$2,127.82$2,234.20$2,345.91$2,463.21 STORMWTRCOMPLNCEINSPII6125CVEA$27.86$29.26$30.72$32.26$33.87$2,229.15$2,340.60$2,457.63$2,580.51$2,709.54 SURVEYTECHNICIANI6151CVEA$24.23$25.44$26.71$28.05$29.45$1,938.37$2,035.30$2,137.06$2,243.92$2,356.11 SURVEYTECHNICIANII6141CVEA$26.65$27.99$29.38$30.85$32.40$2,132.22$2,238.83$2,350.77$2,468.31$2,591.72 SYSTEMS/DATABASEADMINISTRATR3015PROF$36.87$38.71$40.65$42.68$44.81$2,949.30$3,096.77$3,251.60$3,414.19$3,584.89 TELECOMMUNICATIONSSPECIALIST3027CVEA$22.42$23.55$24.72$25.96$27.26$1,793.91$1,883.60$1,977.78$2,076.67$2,180.51 TINYTOTAIDE7503UCHR$12.58$13.21$13.87$14.56$15.29$1,006.13$1,056.44$1,109.27$1,164.73$1,222.97 TINYTOTSPECIALIST7505UCHR$15.10$15.86$16.65$17.48$18.36$1,208.09$1,268.50$1,331.92$1,398.52$1,468.44 5155UCHR$15.69$1,255.20 TRAFFICCONTROLASSISTANT TRAFFICDEVICESTECH6177CVEA$28.08$29.49$30.96$32.51$34.14$2,246.75$2,359.09$2,477.04$2,600.89$2,730.94 TRAFFICDEVICESTECHSUPV6175CVEA$32.30$33.91$35.61$37.39$39.26$2,583.76$2,712.95$2,848.60$2,991.03$3,140.58 TRAFFICENGINEER6024PROF$38.12$40.02$42.02$44.12$46.33$3,049.25$3,201.71$3,361.80$3,529.89$3,706.38 TRAFFICOFFICER(HOURLY)5293UCHR$14.24$14.95$15.69$1,139.42$1,195.84$1,255.53 TRAININGPROGRAMSPEC(HRLY)5250UCHR$22.42$23.54$24.72$25.96$27.25$1,793.74$1,883.44$1,977.61$2,076.49$2,180.31 TRAININGPROGRAMSSPECIALIST5262CVEA$22.42$23.54$24.72$25.96$27.25$1,793.74$1,883.44$1,977.61$2,076.49$2,180.31 TRANSENGINEERW/CERT6031WCE$44.21$46.42$48.75$51.18$53.74$3,537.13$3,713.99$3,899.69$4,094.67$4,299.40 TRANSENGINEERW/OCERT6033WCE$42.11$44.21$46.42$48.75$51.18$3,368.69$3,537.13$3,713.98$3,899.68$4,094.67 TRANSITMANAGER6218MMUC$45.69$47.97$50.37$52.89$55.54$3,655.16$3,837.92$4,029.82$4,231.31$4,442.87 TREASURYANDBUSINESSMANAGER3611SM$54.30$66.00$4,343.88$5,280.02 TREETRIMMER6575CVEA$21.37$22.44$23.56$24.74$25.97$1,709.43$1,794.90$1,884.64$1,978.88$2,077.82 TREETRIMMERSUPERVISOR6572CVEA$29.49$30.96$32.51$34.14$35.84$2,359.02$2,476.97$2,600.81$2,730.86$2,867.40 VETERINARIAN5321PROF$37.42$39.29$41.26$43.32$45.48$2,993.57$3,143.25$3,300.41$3,465.43$3,638.71 VETERINARIAN(HOURLY)5308UCHR$45.85$48.15$50.56$53.09$55.74$3,667.78$3,852.02$4,044.62$4,246.85$4,459.19 VETERINARIAN(PERMITTED)5331PROF$52.69$55.32$58.09$60.99$64.04$4,214.95$4,425.70$4,646.98$4,879.33$5,123.30 VETERINARIANPERMITTED5322UCHR$64.84$68.08$71.48$75.06$78.81$5,186.99$5,446.34$5,718.66$6,004.59$6,304.82 ApprovedandAdopted: ResolutionNo.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 155 FiscalYear20152016CompensationSchedule EffectiveJune26,2015 HourlyRateBiWeeklyRate POSITIONTITLEPCNBARGStepAStepBStepCStepDStepEStepAStepBStepCStepDStepE VETERINARYASSISTANT5325CVEA$17.51$18.38$19.30$20.27$21.28$1,400.70$1,470.74$1,544.28$1,621.49$1,702.56 VETERINARYASSISTANT(HOURLY)5323UCHR$17.51$18.38$19.30$20.27$21.28$1,400.70$1,470.74$1,544.27$1,621.49$1,702.57 VOLUNTEERCOORD(DEPT)7131CVEA$19.14$20.10$21.10$22.16$23.26$1,531.19$1,607.75$1,688.14$1,772.55$1,861.17 VOLUNTEERCOORD(DEPT)(HOURLY)7132UCHR$19.14$20.10$21.10$22.16$23.26$1,531.19$1,607.75$1,688.14$1,772.55$1,861.17 WASTEWATERCOLLECTIONSMGR6334MM$41.80$43.89$46.09$48.39$50.81$3,344.08$3,511.29$3,686.85$3,871.19$4,064.76 WEBMASTER2777CVEA$28.81$30.25$31.76$33.35$35.02$2,304.68$2,419.91$2,540.91$2,667.95$2,801.35 WEBMASTER(HOURLY)2790UCHR$28.81$30.25$31.76$33.35$35.02$2,304.68$2,419.92$2,540.91$2,667.95$2,801.35 Revised: July21,2015 September15,2015 October6,2015 Λ9ŅŅĻĭƷźǝĻhĭƷƚĬĻƩЋͲЋЉЊЎΜ November3,2015 Λ9ŅŅĻĭƷźǝĻhĭƷƚĬĻƩЌЉͲЋЉЊЎΜ November10,2015 December15,2015 Λ9ŅŅĻĭƷźǝĻ5ĻĭĻƒĬĻƩЋЎͲЋЉЊЎΜ December15,2015 Λ9ŅŅĻĭƷźǝĻWğƓǒğƩǤБͲЋЉЊЏΜ ApprovedandAdopted: ResolutionNo.: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 156 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND REMOVAL OF VARIOUS POSITION TITLES, AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS WITH NO NET CHANGE IN AUTHORIZED STAFFING, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) WHEREAS, Civil Service Rule 1.02(A), which applies to the City’s classified positions, provides for necessary reviews and changes so that the City’s classification plan is kept current, and that changes in existing classes, the establishment of new classes or the abolition of classes are properly reflected in the classification plan; and WHEREAS, in an effort to address the needs of various departments and the City's workforce, the Human Resources Department is proposing various new classifications and the reclassification of certain positions; and WHEREAS, a summary of the proposed new classifications and updated classifications and their E-Step salaries are as follows: WHEREAS, in September 2013, the California Legislature enacted legislation signed by the Governor of California, which included raising the minimum wage to $10.00 effective January 1, 2016; and WHEREAS, to ensure compliance with the State's minimum wage law and to maintain the existing salary ties within the hourly Recreation classification series, staff is proposing a salary adjustment for the following unclassified hourly positions effective December 25, 2015: ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 157 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the amendments to the Compensation Schedule and Classification Plan to reflect the changes described above, including salary adjustments to ensure minimum wage compliance. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the following changes to the fiscal year 2015 authorized position count with no net change in authorized staffing: BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves an appropriation of $5,940 to the Personnel Services expense category of the Environmental Services Fund. Presented byApproved as to form by Courtney ChaseGlen R. Googins Director of Human ResourcesCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 158 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2015-2016 COMPENSATION SCHEDULEEFFECTIVE DECEMBER 25, 2015AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws; and WHEREAS, therevisedFiscal Year 2015-2016Compensation Schedule ("Compensation Schedule") waslastapproved by the City Council at their meeting ofNovember 3, 2015; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments approved subsequent to this date, will be reflected on a revised Compensation Schedule and submitted to Council approval; and WHEREAS, the Compensation Schedule will be revised to reflect the addition of the Chief Sustainability Officer, Conservation Specialist II, Senior Conservation Specialist and Senior Recycling Specialist; the change in bargaining unit designation for Principal Human Resources Analyst; the scheduled salary adjustment effective December 25, 2015 for positions in the Executive and Senior Management employee groups; and the salary adjustment for Recreation Aide, Recreation Leader I, Recreation Leader II, and Recreation Specialist. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the revised Fiscal Year 2015-2016Compensation Schedule, a copy of which is available in the City Clerk’s Office. Presented byApproved as to form by Courtney ChaseGlen R. Googins Director of Human ResourcesCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 159 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2015-2016 COMPENSATION SCHEDULEEFFECTIVE JANUARY 8, 2016AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws; and WHEREAS, therevisedFiscal Year 2015-2016Compensation Schedule ("Compensation Schedule") waslastapproved by the City Council at their meeting ofNovember 3, 2015; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments approved subsequent to this date, will be reflected on a revised Compensation Schedule and submitted to Council approval; and WHEREAS, the Compensation Schedule will be revised to reflect the scheduled salary adjustment effective January 8, 2016 for positions represented by the Chula Vista Police Officers' Association. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the revised Fiscal Year 2015-2016Compensation Schedule, a copy of which is available in the City Clerk’s Office. Presented byApproved as to form by Courtney ChaseGlen R. Googins Director of Human ResourcesCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 160 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD CHIEF SUSTAINABILITY OFFICER (FIRST READING) (4/5 VOTE REQUIRED) WHEREAS, the Human Resources Department has created a new classification to better reflect the needs of the City’s workforce, specifically the positon of Chief Sustainability Officer; and WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW,THEREFORE,the City Council of the City of Chula Vista does ordain as follows: Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10Unclassified positions established. In In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor, At Will),Administrative Services Manager, Animal Care Facility Administrator, Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, AssistantDirector of Human Resources, Assistant Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and Analysis Manager, Building Official/Code Enforcement Manager, California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Executive Director, Chief of Staff, Chief Sustainability Officer, CityEngineer, Constituent Services Manager, Deputy City Manager, Deputy Fire Chief, Development Services Department Director, Director of Conservation and Environmental Services, Director of Economic Development, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Financial Manager, FA Geospatial Intelligence Analyst, FA Graphics Designer/Webmaster, FA Information Security Program Manager, FA IVDC-LECC Executive Director, FA Law Enforcement Coordination Center Information Technology Manager, FA Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA Program Analyst, FA Program Manager, FA Network Engineer, FA Senior Financial Analyst, FA Senior Intelligence Analyst, FA Senior Secretary, FASupervisory Intelligence Analyst, Finance and Purchasing Manager, Housing Manager, Human Resources Operations Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor’s Office), Performance and Organizational Development Manager, Planning Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Purchasing Agent, Real Property Manager, Redevelopment and Housing Manager, Risk Manager, Senior CouncilAssistant, Traffic Engineer, and Treasury and BusinessManager. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 161 Ordinance No. Page No. 2 Section II.Severability If any portion of this Ordinance, or its application to any person or circumstance, is for anyreason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall bedeemed 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 Cityof 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. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicateor contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause thesame to be published or posted according to law. Presented byApproved as to form by Courtney ChaseGlen R. Googins Director of Human ResourcesCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 162 City of Chula Vista Staff Report File#:15-0549, Item#: 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING GUIDELINES TO THE BALANCED COMMUNITIES (“INCLUSIONARY HOUSING”) POLICY RECOMMENDED ACTION Council adopt the resolution. SUMMARY InSeptember2012,theCityofChulaVistaadoptedguidelinestosupporttheconsistent implementationoftheCity’sBalancedCommunitiesPolicyofitsGeneralPlanHousingElement, commonlyreferredtoas“InclusionaryHousing”.Amendmentsareproposedtoadapttochanging market conditions and anticipated future growth within Chula Vista. ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Adopted in 1981, and currently Policy 5.1.1 in the 2013-2020 Housing Element of the General Plan, the Balanced Communities Policy (“Policy”) was established to increase the diversity of housing prices/rents throughout the Chula Vista community and ensure that the range of prices/rents continues over time. The Policy requires all residential development of 50 units or more to provide 10% of the total number of dwelling units as affordable to low (5%) and moderate (5%) income households. In order to aid developers early enough in the development process in interpreting the Policy and to address changing market conditions, the “Guidelines to the Balanced Communities Policy” (“Guidelines”) was adopted in 2012. The Guidelines are intended to supplement and support the Policy by reflecting current market conditions and may be updated by the Development Services Director in order to ensure the goals of the policy are continually being met. Staff is currently proposing some revisions to the language of the guidelines to provide greater clarity in the implementation and usability of the policy (e.g. variances in the applicability of the affordable housing requirements). Additionally, since the time of adoption of the Guidelines, market conditions and the housing needs of the community have continued to change. With the subsequent elimination of State of California City of Chula VistaPage 1 of 3Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 163 File#:15-0549, Item#: 7. Community Redevelopment laws and therefore, Redevelopment Set-Aside funds for low and moderate income housing, the City’s ability to financially partner with housing developers to produce affordable housing has significantly diminished. The economic downturn of the mid 2000’s and the slow recovery process has seen populations with special needs such as the elderly, disabled, homeless, Veterans, students, and national level student/amateur athletes, who are some of the most economically vulnerable populations, grow. At the same time, the City sees future growth opportunities in the eastern area of the City with the anticipated attraction and development of a university and continued growth of the Olympic Training Center in the eastern area of the City. Alternative Methods of Compliance & Public Benefit Currently, the City’s Guidelines provide for alternatives for the satisfaction of the Inclusionary Housing requirements other than the construction of new affordable housing within the project (“on- site”). These alternatives include new construction of housing at another site location (“off-site”), acquisition and rehabilitation of existing housing, transfer of surplus credits from one project to another, housing programs and services for populations with special needs and payment of an in-lieu housing fee. The City may approve these alternatives in those circumstances where the proposed alternative provides a more effective and feasible means of satisfying the requirements and a greater public benefit. As housing prices/rents rise faster than incomes in the San Diego region and financial resources to assist with development of affordable housing choices diminish, the City continually strives to strike the right balance between addressing housing needs and keeping affordability requirements feasible for developers, so the overall housing supply can continue to grow. As every site context is different and special needs may emerge, offering various ways to meet affordability obligations helps developers find the most cost-effective affordability strategy for their particular development situation. By allowing for alternative housing opportunities for extremely and very low income and populations with special needs, the City has flexibility in meeting a wide and varied need of housing options for underserved population groups, including housing types such as shelters, transitional housing, second dwelling units, micro-units, single room occupancy hotels, dormitories, or other specialty housing types consistent with the objectives of the Policy. The proposed revisions to the Guidelines expand the discussion of alternative methods of compliance to provide greater clarification in its implementation. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy City of Chula VistaPage 2 of 3Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 164 File#:15-0549, Item#: 7. Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thedevelopmentand provisionofqualityaffordablehousingforlowincomehouseholdswithinproposedresidential developmentssupportstheEconomicVitalitygoalsasitpromotesthedevelopmentofquality neighborhoodsthatprovideafullcomplementofusesandservicesinabalancedfashion.Withonly 16percentofthehousingwithintheareaseastofInterstate-805availableasmultifamilyhousing,the provisionofrentalunitsandotheralternativehousingdevelopmentsandprogramswillexpandthe availabilityofhousingopportunitiesforalleconomicsegmentsofthecommunity.With57percentof ChulaVistahouseholdsearninglessthantheU.S.DepartmentofHousingandUrbanDevelopment’s areamedianincome,thedevelopmentofaffordablehousingaddressestheCity’sConnected Community goals as it provides housing to meet residents’ needs and priorities. CURRENT YEAR FISCAL IMPACT None ONGOING FISCAL IMPACT None ATTACHMENTS 1.Revised Guidelines to the Balanced Communities Policy Staff Contact: Leilani A. Hines, Housing Manager City of Chula VistaPage 3 of 3Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 165 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING GUIDELINES TO THE BALANCED COMMUNITIES(“INCLUSIONARYHOUSING”) POLICY WHEREAS,in 1981 the City adopted the Balanced Communities (“Inclusionary”) Policy ofthe Housing Element of the General Plan; and WHEREAS, the Policy has continued to be implemented through the Housing Element, currently Policy 5.1.1 of the 2013-2020 Housing Element; and WHEREAS, the goal of the Policy is to increase the diversity ofhousing prices/rents throughout the community and ensure that the range of prices/rents continues over time by requiring all residential development of 50 units or more provide ten percent (10%) as affordable to low and moderate income households; and WHEREAS, in 2012, the City adopted the Guidelines to the Balanced Communities Policy (“Guidelines”) to provide consistency in interpreting the Policy and to assist developers early in the development process so that Residential Development projects are designed from the beginning in compliance with the requirements of the Policy; and WHEREAS, the City proposes revisions to these Guidelines in order to expand and clarify its implementation in adapting to changing market conditions and community housing needs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend and approve the “Guidelines to the Balanced Communities (“InclusionaryHousing”) Policy” in substantial form, and authorizes the Development Services Director the ability to update these Guidelines as needed to meet the goals of the Policy. Presented byApproved as to form by Kelly BroughtonGlen R. Googins Development Services DirectorCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 166 C I T Y O F C H U L A V I S T A GUIDELINES TO THE BALANCED COMMUNITIES POLICY City of Chula Vista Development Services Department 276 Fourth Avenue Chula Vista, CA 91910 Phone 619.691.5047 / Fax 619.476- 5310585.5698 Revised: December 15, 2015 Adopted: September 25, 2012 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 167 This page is intentionally blank. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 168 Guidelines to the Balanced CommunitiesPolicy Contents Introduction .......................................................................................................................................................... 1 Adoption ............................................................................................................................................................ 1 Intent of Guidelines ..................................................................................................................................... 1 Guidelines & Policy ...................................................................................................................................... 1 Review & Updates ........................................................................................................................................ 1 Inclusionary Requirements ........................................................................................................................... 2 Applicability ..................................................................................................................................................... 2 Exemptions ................................................................................................................................................. 2 Variance ........................................................................................................................................................... 2 Calculating the Obligation ....................................................................................................................... 3 Incentive Credit ............................................................................................................................................ 3 Calculating Incentive Credit ................................................................................................................. 3 Meeting the Requirement ............................................................................................................................. 4 Standards ........................................................................................................................................................... 4 Location ....................................................................................................................................................... 4 Design .................................................................................................................................................................. 5 Bedroom Mix ............................................................................................................................................. 5 Public Benefit .................................................................................................................................................. 5 Determining Methods of Compliance ............................................................................................... 5 Compliance Alternatives ....................................................................................................................65 On-Site ...........................................................................................................................................................65 Off-Site ............................................................................................................................................................ 6 In-Lieu Housing Fee .................................................................................................................................76 PPublic Benefit ............................................................................................................................................... 7 ublic Benefit Calculation of Credit for Alternative Housing Types .....................................57 Process ..............................................................................................................................................................78 Preliminary Application ...........................................................................................................................78 Inclusionary Housing Plan ........................................................................................................................ 89 Content ..........................................................................................................................................................89 Enforcement ................................................................................................................................................99 Balanced Communities Affordable Housing Agreement .....................................................99 Content ....................................................................................................................................................... 910 Enforcement ................................................................................................................................................10 Recordation .............................................................................................................................................. 110 Determining Affordability ....................................................................................................................... 110 Income Levels ............................................................................................................................................. 110 Income Adjusted for Household Size ........................................................................................... 121 Affordability = 30% of Income ........................................................................................................ 121 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 169 Guidelines to the Balanced CommunitiesPolicy ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 170 Guidelines to the Balanced CommunitiesPolicy Calculating Affordable Rents ............................................................................................................ 132 Calculating Affordable Homeownership Costs ....................................................................... 143 Ongoing Compliance .............................................................................................................................. 143 Affirmative Marketing .......................................................................................................................... 143 Waiting List .................................................................................................................................................. 154 Reporting ...................................................................................................................................................... 154 Appendix Exhibit 1 Ï Area of Low/Moderate Income Concentration ...................................... A-1 Exhibit 2 Ï City of Chula Vista Income Guidelines...................................................... A-2 Exhibit 3 Ï San Diego County Housing Authority Utility Allowance Schedule ... A-3 Exhibit 4 Ï Example Affordable Rental Rates .............................................................. A-4 Exhibit 5 Ï Example Affordable Sales Prices ................................................................ A-5 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 171 Guidelines to the Balanced CommunitiesPolicy This page is intentionally blank. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 172 Guidelines to the Balanced CommunitiesPolicy Introduction Adoption The City of Chula Vista adopted a Balanced Communities Policy (ÑPolicyÒ), commonly referred to as Inclusionary Housing, in 1981 as part of its Housing Element of the General Plan. The City CouncilÔs purpose of the Policy is to increase the diversity of housing prices/rents throughout the community and ensure that the range of prices/rents continues over time. Intent of Guidelines The guidelines in this document are intended to supplement and support the Inclusionary Housing Policy of Chula Vista. They will assist the layperson in interpreting the Policy and developers early in the development process so that Residential Development projects are designed from the beginning in compliance with the requirements of the Policy. Guidelines & Policy These Guidelines should be read in conjunction with the Policy. While every effort has been made to ensure that these Guidelines are consistent with the Policy, if there is any conflict or discrepancy between these guidelines and the Policy, the Policy shall prevail. In addition, the provisions of a Balanced Communities Affordable Housing Agreement (or like Agreement) recorded against a property or inclusionary units shall prevail over any general requirements of the Policy. Users of these Guidelines are encouraged to seek their own legal counsel to aid in understanding the requirements of the CityÔs Inclusionary Program. For any general questions regarding the Guidelines, you may call (619) 691-5047. Review & Updates The City will review and, to the extent necessary, update these Guidelines in conjunction with the CityÔs review of its General Plan Housing Element and its Balanced Communities Policy, or as deemed necessary. The Development Services Director may make interim revisions, interpretations or clarifications to these Guidelines provided that he or she considers the revision, interpretation, or clarification to be minor and consistent with the purposes of the original Policy and the Guidelines. 1 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 173 Guidelines to the Balanced CommunitiesPolicy Inclusionary Requirements Applicability The Policy applies City wide to all residential development of 50 units or more, except as provided below. The requirements of these Guidelines and Policy shall not be cumulative to state or other local affordable housing requirements where those units are subject to an affordability restriction recorded against the property by the state or local agency. To the extent that state or local regulations are inconsistent with the requirements herein for the amount of the fee, length of the restriction or the level of affordability, the more restrictive shall apply. Exemptions In order to reach the Policy goal of creating a balanced community and not overburdening areas of our community with low income housing concentrations, these Guidelines define areas of the City that currently provide a large share of low income housing options. A waiver of the inclusionary requirement will may be granted within the designated census tracts defined as the ÑArea of Low/Moderate Income ConcentrationÒ, as illustrated in Exhibit 1 and defined as meeting the following criteria: Median income falls below the City wide Median Income, as estimated by the San Diego Association of Governments; and/or Within the Low to Moderate Income Boundary, as provided by the U.S. Department of Housing and Urban Development. Exhibit 1 may be updated and approved periodically by the Development Services Director to reflect current market conditions. Variance A Variance request from the affordable housing requirements may be approved in ÑPrimarily Undeveloped AreaÒ as identified in Exhibit 1, if specific findings can be substantiated by City Council and shall include financial and other information that the Development Services Director determines is necessary to perform an independent evaluation of the applicantÔs basis for the variance. Such findings shall include at least one of the following: (1)That Sspecial circumstances exist that are , unique to that development, that justify justify granting the variance (for example, the development provides other unique public benefits to the community); or (2)That The application of the standard affordable housing requirements to the development without the variance would cause the development to not be 2 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 174 Guidelines to the Balanced CommunitiesPolicy infeasible or impose a specific and substantial hardship on the project resulting in a material adverse impact on the quality or timing of the development. The City ManagerÔs recommendation to the City Council as to whether or not to recommend a variance shall consider such factors as project size, site constraints, special infrastructure requirements, market competition, price and product type disparity, developer capability, financial subsidies, and whether alternative means of compliance are available which would be more effective in attaining the purposes of this Policy than the relief requested. without the modification; A specific and substantial financial hardship would occur if the variance were not granted; and 3 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 175 Guidelines to the Balanced CommunitiesPolicy No alternative means of compliance are available which would be more effective in attaining the purposes of this Policy than the relief requested. Calculating the Obligation The Policy indicates that all shall provide 10% of the total number of dwelling units as affordable to low and moderate income households, as follows: 5% minimum for low income households 5% for moderate income households In making this calculation, any decimal fraction is neither rounded up or down. The Developer may either provide for one additional Affordable Unit or pay a partial in-lieu fee equal to the remaining fraction. EXAMPLE: Calculating Obligation 1.The developer proposes a 125-unit residential project. 2.Inclusionary Housing Obligation 125 units x 0.10 = 12.5 Inclusionary Units 6.25 units as a moderate income and 6.25 units as a low income Incentive Credit The City has a greater need for housing for very low and low income households. To encourage DeveloperÔs to provide for these households, the City can in effect reduce the required affordable housing obligation when the Developer opts to provide very low or low income rather than for moderate income households. Calculating Incentive Credit The Incentive credit shall be calculated as follows: 1.2.0 unit credit for every very low income unit in lieu of a moderate income unit. 2.1.5 unit credit for every low income unit in lieu of a moderate income unit. 3..5 unit credit for every very low income unit in lieu of a low income unit. 4 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 176 Guidelines to the Balanced CommunitiesPolicy EXAMPLE: Calculating Incentives The developer proposes a 300-unit residential project. Inclusionary Housing Obligation = 30 Inclusionary Units (15 moderate income & 15 low income units) Inclusionary Housing Proposed with Incentive Credit Proposes to build 20 low income units (5 more than required) (5 additional low income units x 1.5 credits = 7.5 incentive credits) Remaining moderate balance = 7.5 (15 required Ï 7.5 credits) OR Proposes to build all low income units in lieu of moderate 15 moderate income units required/1.5 low income units = 10 low income units, therefore developer could fulfill obligation by building 25 low income units Meeting the Requirement Affordable Housing often provides opportunities to a segment of the population or provide a public benefit that the market might not otherwise provide on its own. The Policy seeks to provide these opportunities while still allowing Developers to provide market driven housing options. This balance requires flexibility and standards to be set in order to meet the goals of the Policy and to ensure a variety of housing options are provided. The standards and methods of compliance to meet these goals are defined below. Standards A variety of factors are considered in planning Affordable Housing and meeting the Inclusionary Requirements defined under the Policy, such as the location of the housing, the type of housing, design and amenities. These factors are further defined below and set standards to meet the goals while ensuring that the obligation does not negatively affect the community. Location Inclusionary units shall be encouraged on sites that are in proximity to or will provide access to employment opportunities, urban services, or major roads or other transportation and that are compatible with adjacent land uses. 5 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 177 Guidelines to the Balanced CommunitiesPolicy Design The design of the Inclusionary Units shall be reasonably consistent or visually compatible with the design of the total project development in terms of appearance, external building materials and finished quality. Upon application as provided herein, the City may, to the maximum extent appropriate in light of project design elements as determined by the Development Services Director, allow builders to finish out the interior of Inclusionary Units with less expensive finishes and appliances, without reducing the amenities offered. Bedroom Mix Inclusionary developments shall provide a mix of number of bedrooms in the affordable dwelling units in response to affordable housing demand priorities of City and/or proportionate to the bedroom size of the market-rate units as determined by the Development Services Director. Public Benefit The City may approve alternatives to the construction of new inclusionary units where the proposed alternative provides a more effective and feasible means of satisfying the requirements and greater public benefit. This determination shall be based on findings approved by City Council that the proposed alternative: Advances the goals and objectives of the Housing Element; Achieves a balance of housing opportunities within the community; Provides a preferred product type in light of the housing needs of the surrounding area and need; Offers opportunities to special needs populations of the community; Offers locational advantages relative to the needs of lower income households; and/or Offers greater feasibility and/or cost effectiveness than new construction. Determining Methods of Compliance Generally, the City encourages the satisfaction of the Inclusionary Housing requirements through the construction of new residential units to increase its supply of affordable housing within the project (Ñon-siteÒ) for for-sale developments. For rental development, a Developer, who has not received any form of City assistance, may voluntarily fulfill their obligation by any of the methods of compliance. The City 6 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 178 Guidelines to the Balanced CommunitiesPolicy recognizes that there may be a need to provide greater flexibility to developers seekingg 7 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 179 Guidelines to the Balanced CommunitiesPolicy to satisfy their requirement due to unique conditions of the project and/or the varied housing needs of the community. The City may request information from a Developer in determining the feasibility of one or more of the compliance alternatives, including but not limited to the factors below. Compliance Alternatives A Developer may satisfy the Policy requirement by any combination of the following alternatives after consideration of the methods of compliance. These alternatives shall be reviewed in priority order for compliance with the obligation using the determining factors above. On-Site On-site inclusion of the Inclusionary Requirement is the preferred alternative to meet the inclusionary requirements. Factors to consider in meeting the on-site obligation include the location of the project, type and tenure of the entire project, and financing of the project. Off-Site Developers may choose to satisfy their requirements through a project at a different site, known as the Ñoff-siteÒ option but not in the ÑArea of Low/Moderate Income ConcentrationÒ. This option may be accomplished solely or in conjunction with another developer, also referred to as a Ñcombined projectÒ. Such options may include, but are not limited to: Constructing new affordable units at a different site; Acquiring and rehabilitating existing market rate units to affordable units; Transfer of affordable housing credits from the City or another developer; and Provision of special needs housing projects or programs to meet the special needs of certain population groups within the community such as, but not limited to, persons with disabilities, homeless, veterans, elderly, students, and national level student/amateur athletes. Such alternative housing types may include (shelters, transitionalhousing, second dwelling units, micro-units, single room occupancy hotels, dormitories, or other specialty housing types approved by the City Manager consistent with the objectives of this Policy etc.). The City acknowledges that there may be rare instances where an over-riding public benefit of a particular project may require consideration of meeting an off-site obligation within the ÑArea of Low/Moderate Income ConcentrationÒ. In such cases, the City Council may provide a finding that an off-site obligation may be met within this 8 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 180 Guidelines to the Balanced CommunitiesPolicy otherwise excluded area, if it provides a unique public benefit that might not otherwise occur. As part of the Inclusionary Housing Plan, the Developer shall: 9 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 181 Guidelines to the Balanced CommunitiesPolicy Identify the proposed off-site location and the number of proposed units to be credited to its Inclusionary requirement, demonstrating that the off-site optionmeets the goals of the Inclusionary policy (i.e. provides a balance of housing options and/or provides a unique benefit); Provide evidence of site control of the off-site location; and Demonstrate that the proposed off-site location will be able to satisfy requirements of the Policy. the In-Lieu Housing Fee Developers may choose to satisfy any portion of their requirements through payment of an in-lieu housing fee, including a prorated in-lieu fee for partial units. This fee is approved by the City Council based upon the affordability gap of what low/moderate income households can afford to pay for a home and the median sales price of a home in Chula Vista. The fee is regularly updated as conditions change. Developers must pay the In-Lieu Housing Fee at the time of issuance of a building permit for any part of the project. Public Benefit The City may approve alternatives to the construction of new inclusionary units where the proposed alternative provides a more effective and feasible means of satisfying the requirements and greater public benefit. This determination shall be based on findings approved by City Council that the proposed alternative meets one or more of the following: Advances the specific goals and objectives of the Housing Element; Achieves a balance of housing opportunities within the community; Provides a preferred product type in light of the housing needs of the surroundingarea and need; Offers opportunities to meet the special needs of population groups populations of the communitysuch as, but not limited to, persons with disabilities, homeless, veterans, elderly, students, and national level student/amateur athletes; Offers locational advantages relative to the needs of lower income households; and/or Offers greater feasibility and/or cost effectiveness than new construction. Calculation of Credit for Alternative Housing Types When satisfying inclusionary housing requirements, generally, the City encourages the 10|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 182 Guidelines to the Balanced CommunitiesPolicy provision of residential Ñunits.Ò The City recognizes that there may be a need to provide greater flexibility to developers seeking to satisfy their requirement due to unique conditions or varied housing needs of the community. Alternative housing types may be developed and measured in terms of the number of ÑroomsÒ or ÑbedsÒ rather than Ñunits.Ò Accordingly, a conversion analysis from ÑroomsÒ or ÑbedsÒ to ÑunitsÒ will be required to determine the credits a developer will receive when an alternative housing type is proposed. Given the uniqueness and wide range of alternative housing types, the City Manager or their designee, at their discretion, may consider and balance, on a case-by-case basis, the following factors to determine the appropriate credit: The number of new affordable housing ÑunitsÒ that could otherwise be built on-site; The amount of the in lieu fee that could otherwise be paid; Any additional projected project development costs or savings accruing to a developer to build the alternative housing type, including any attendant property costs/savings; The extent and nature of the public benefit of the proposed project and any attendant amenities; and The timing of when the alternative housing project will be built relative to when more conventional housing or in-lie payments would otherwise be required. The City Manager or their designee may request additional information from a Developer in determining the credit towards the inclusionary housing requirements through one or more of the compliance alternatives. In-Lieu Housing Fee Developers may choose to satisfy any portion of their requirements through payment of an in-lieu housing fee, including a prorated in-lieu fee for partial units. This fee is approved by the City Council based upon the affordability gap of what low/moderate income households can afford to pay for a home and the median sales price of a home in Chula Vista. The fee is regularly updated as conditions change. Developers must pay the In-Lieu Housing Fee at the time of issuance of a building permit for any part of the project. Process The Balanced Communities Policy is implemented primarily through two documents: the Inclusionary Housing Plan and the Balanced Communities Affordable Housing Agreement. The Inclusionary Housing Plan provides the basis for determining how the provisions of the Policy will be satisfied. The Inclusionary Housing Agreement and any 11|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 183 Guidelines to the Balanced CommunitiesPolicy deed restriction or regulatory agreement set forth the ongoing affordability and other restrictions applicable to the Inclusionary Units once they have been completed. Preliminary Application A Developer subject to the Inclusionary Housing provisions of this Chapter and proposing a housing development pursuant to the Policy may submit a preliminary application prior to the submittal of any formal request for approval. Applicants are encouraged to schedule a pre-application conference with designated staff of the Planning, Building and/or Housing Divisions of the Development Services Department to discuss and identify potential application issues, including prospective incentives or concessions that may be requested. A preliminary application shall include the following information: A brief description of the proposed housing development, including the total number of units, bedroom count, and Inclusionary Units proposed; 12|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 184 Guidelines to the Balanced CommunitiesPolicy The zoning and general plan designations and assessor parcel number(s) of the project site; A vicinity map and preliminary site plan, drawn to scale, including building driveway, parking layout, open space, recreational amenities, footprints, building elevations, existing contours and proposed grading; and A letter identifying what specific incentives or concessions are being requested for the affordable units. Within 90 days of receipt of the preliminary application, the City shall provide to the Applicant a letter which identifies project issues of concern and the procedures for compliance with this Policy. Inclusionary Housing Plan An Inclusionary Housing Plan is submitted along with the ApplicantÔs first application for a Discretionary Approval for a Residential Development. No Discretionary Approval shall be granted without submission of the Inclusionary Housing Plan. Content The Inclusionary Housing Plan shall contain the following information: A brief description of the Residential Development including the number of Market Rate Units and Inclusionary Units proposed, and the basis for the calculation of the number of Inclusionary Units. The unit-mix, location, structure type, and size of the Market Rate and Inclusionary Units, and whether the Residential Development is an ownership or rental project. A floor plan depicting the location of the Inclusionary Units shall be provided. The income level of the Inclusionary Units; In the event the Developer proposes a phased project, a phasing plan that provides for the timely development of the Inclusionary Units as the Residential Development is built out. The phasing plan shall provide for development of the Inclusionary Units concurrently with the Market Rate Units. If the Developer intends to satisfy the Inclusionary Unit requirement by payment of an in-lieu fee, a statement to that effect, and a calculation of the total in- lieu fee payment required. If a conveyance of land or an off-site Inclusionary Units alternative is proposed, information necessary to establish compliance with these Guidelines. 13|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 185 Guidelines to the Balanced CommunitiesPolicy Enforcement Approval of the Inclusionary Housing Plan and implementation of a Balanced Communities Affordable Housing Agreement shall be a condition of approval of any Discretionary Approval or building permit for the Residential Development. Balanced Communities Affordable Housing Agreement Except for those cases where the requirements are satisfied by payment of an in-lieu fee or the conveyance of land to the City, all Developers whose projects are subject to the Policy shall enter into a Balanced Communities Affordable Housing Agreement with the City. The CityÔs standard form(s) of the Agreement may be obtained from the Housing Division of the Development Services Department. Content The form of the Balanced Communities Affordable Housing Agreement may vary, depending on the manner in which the provisions are satisfied for a particular Residential Development. All Inclusionary Housing Agreements shall include, at a minimum, the following information: The number of total units within the residential development and the Inclusionary Units proposed, with specific calculations detailing the application of any credit adjustment; The proposed location of the Inclusionary Units; and Schedule for production of dwelling units. If no map is being processed, the Agreement required is a project specific agreement to include the following: Indicate whether the Residential Development is an ownership or rental project; The number and size of Very Low, Low or Moderate Income Units, location of units,square-footage of units; Amenities and services provided, such as daycare, after school programs, transportation, job training/employment services and recreation; The incentives (if any), including the nature and amount of local public funding; Provisions for resale or rental restrictions, monitoring affordability of the units; and The determination of Income-Eligible households. Where applicable, requirements for other documents to be approved by City, such as marketing, leasing and management plans; financial assistance/loan documents; resale agreements; and monitoring and compliance plans. 14|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 186 Guidelines to the Balanced CommunitiesPolicy Enforcement No building permit shall be issued for all or any portion of the Residential Development unless the Balanced Communities Affordable Housing Agreement has been recorded. For those residential projects processing a map, the Balanced Communities Affordable Housing Agreement is executed prior to final map approval and shall be recorded upon final map recordation. Where a map is not being processed, the Agreement is executed prior to the issuance of building permits for any units within the project. Recordation The Agreement is recorded as a covenant against the real property of the Residential Development and will run with the land. This Agreement should generally be recorded in the first position and not subordinated to other liens and encumbrances. In the case where satisfaction of the inclusionary housing requirements are being met through the development of off-site Inclusionary Units, the Agreement will be simultaneously recorded on both the title to the property where the off-site Inclusionary Units are to be developed and the Residential Development. Upon the completion of the Inclusionary Units and their occupancy by Income-Eligible households, the Agreement shall be released from record title of the market rate Residential Development site. Determining Affordability To remain consistent with Federal and State programs related to affordable housing, the City of Chula Vista uses the definitions and data provided by the U.S. Department of Housing and Urban Development and the State of California to define income levels and affordability of housing. Income Levels The U.S. Department of Housing and Urban Development (HUD) provides income charts that identify the annual and monthly maximum incomes for lower income households for the San Diego County area and updates this information each year. The City of Chula Vista uses the Area Median Income (AMI) for San Diego County, since HUD does not provide median income data for specific cities. These income charts are shown in Exhibit 2, and are available at the office of the Chula Vista Development Services Department - Housing Division and on its website at www.chulavistaca.gov/cvrhhousing. 15|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 187 Guidelines to the Balanced CommunitiesPolicy The City uses this income data as a basis for calculating the maximum rents and sales prices permitted under the CityÔs Affordable Housing Programs. The CityÔs affordability requirements refer to the following income categories, which are based on various percentages of the AMI: Income Category Percentage of AreaMedianIncome Very Low 50% or less Low 50%-80% Moderate 80%-120% Income Adjusted for Household Size The Area Median Income as published by HUD corresponds to the area median income for a household of four. The AMI is then adjusted for household size. HUD sets the median incomes for other household sizes by applying a multiplier to the median income of a household of four. The City uses these income limits for setting the eligibility of renters and buyers under its affordable housing programs. Households are considered eligible if their income does not exceed the income for their household size at the upper end of the targeted income level. EXAMPLE: Determining Income Level 1.Targeted Income Level = Low Income 2.Smith familyÔs (household size of 3 persons) annual income = $45,000. Maximum annual income for a Low Income household 3. of 3 persons at 80% AMI = $57,850 4. Smith family is qualified as Low Income. Affordability = 30% of Income The term ÑaffordableÒ may have a wide range of meanings to the general public, but in the CityÔs usage it has as specific meaning. The City, as well as most state and federal housing programs define affordable as housing costs that do not generally exceed 30% of the gross annual household income of any given income group (reference California 16|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 188 Guidelines to the Balanced CommunitiesPolicy Health and Safety Code Section 50053 (b) for rental housing and 50052.5 (b) for ownership housing). EXAMPLE: Affordable Housing Costs Annual income of five person household is $66,100. Maximum income for a five person low-income household at 80% AMI = $69,400 Maximum monthly affordable housing cost = Annual income ÷ 12 × .30 = $66,100 ÷ 12 × .30 = $5,508 x .30 = $1,652 maximum monthly housing cost OR Annual income of five person household is $95,000. Maximum annual income of five person moderate-income household at 120% AMI = $98,400 Maximum monthly affordable housing cost = Annual income ÷ 12 × .30 = $95,000 ÷ 12 × .30 = $7,916 x .30 = $2,374 maximum monthly housing cost EXAMPLE: Affordable Housing Costs Annual income of five person household is $66,100. Maximum income for a five person low-income household at 80% AMI = $69,400 Maximum monthly affordable housing cost = Annual income ÷ 12 × .30 = $66,100 ÷ 12 × .30 = $5,508 x .30 = $1,652 maximum monthly housing cost OR Annual income of five person household is $95,000. Maximum annual income of five person moderate-income household at 120% AMI = $98,400 Maximum monthly affordable housing cost = Annual income ÷ 12 × .30 = $95,000 ÷ 12 × .30 = $7,916 x .30 = $2,374 maximum monthly housing cost 17|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 189 Guidelines to the Balanced CommunitiesPolicy The monthly housing cost limits and purchase price estimations given here are based on the following assumptions: Appropriate household size is defined as the number of bedrooms in a unit plus one, i.e. a one-bedroom unit is based on a 2-person household, a two-bedroom unit is based on a 3-person household, and so on. Calculating Affordable Rents For a rental unit, total housing costs include the monthly rent payment as well as consideration for a utility allowance (reference 25 California Code of Regulations Section 6918). Information on utility allowances can be obtained from the City and is based upon the schedule adopted by the Housing Authority of the County of San Diego and approved by HUD, reference Exhibit 3. The utility schedule varies by number of bedrooms in a unit and by the various utility combinations. Affordable rental rates are based upon a targeted income level. It is impractical to set individual maximums rents on the actual income of each household to reside within the affordable unit. 18|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 190 Guidelines to the Balanced CommunitiesPolicy Estimated rental rates are provided only as rough guides, as there are several variable factors that go into calculating rental rates. The state and federal government housing programs may make various adjustments for bedroom size and target income percentages. The examples provided in these Guidelines summarizes the most commonly used by the City for affordable rental projects, reference Exhibit 4. EXAMPLE: Affordable Rental Housing Costs 1. 3 Bedroom apartment affordable to a low income household Affordable rent calculated at 60% AMI Maximum monthly affordable rent = $1,138Ï utility allowance OR 1. 3 Bedroom apartment affordable to a moderate income household Affordable rent calculated at 110% AMI Maximum monthly affordable rent = $2,087Ï utility allowance Calculating Affordable Homeownership Costs For for-sale units, total housing costs include the mortgage payment (principal and interest), homeowners association dues, taxes, utilities, mortgage insurance and any otherrelated assessments (reference 25 California Code of Regulations Section 6920). Estimated purchase prices are provided only as rough guides, as there are several variable factors that go into calculating sales prices, reference Exhibit 5. Ongoing Compliance Developers shall be responsible to have on file and provide at City request documentation showing compliance with state and local laws pertaining to affordable housing practices. These shall include but are not limited to the following items below. Affirmative Marketing Developer shall perform those affirmative marketing responsibilities set forth in 24 C.F.R. 92.351.The affirmative marketing strategy must be designed to attract buyers and renters of all majority and minority groups, regardless of sex, handicap and familial status to assisted rental units and sales dwelling which are being marketed. The Developer shall have available at City request an Affirmative Marketing Plan that includes the following components: 19|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 191 Guidelines to the Balanced CommunitiesPolicy Targeting: Identifying the segments of the eligible population which are least likely to apply for housing without special outreach efforts; Outreach: An outline of an outreach program which includes special measures designed to attract those groups identified as least likely to apply and other efforts designed to attract persons from the total population; Indicators: Statement of the indicators to be used to measure the success of the marketing program; and Staff Training: Demonstration of the capacity to provide training and information on fair housing laws and objectives to sales or rental staff. Developer must make a good faith effort to conduct outreach. This requires recorded activities and documented outreach to those individuals identified as least likely to apply, such as print and electronic advertising and Marketing housing to specific community, religious or other organizations frequented by those least likely to apply. Waiting List The developer shall have written procedures for selection of residents and any priority system in place. At the CityÔs request the procedures and copy of the active waiting list shall be furnished to the City. Reporting The Developer shall retain records and reports onsite and shall make such available to the City on request. This list of records and reports relating to the Project are in addition to any documents required by other funding sources. The records and reports include, but are not limited to the following: Eligible Tenant information, including yearly income verifications; Housing payments charged to resident tenants, to the extent applicable; On-site inspection results; Affirmative marketing records; Insurance policies and notices; Equal Employment Opportunity and Fair Housing records; Labor costs and records; An audited income and expense statement and balance sheets for Developer; An audited income and expense statement and balance sheets for the Project; A Management Plan for the calendar year in which the report is prepared showing anticipated rental income, other income, expenses, anticipated repairs and replacements to the Project, timing of such repairs and replacements, insurance maintained on behalf of the Project, and such other matters as City shall require, in its sole discretion; 20|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 192 Guidelines to the Balanced CommunitiesPolicy Federal and State income tax returns for the calendar year, ending on the preceding December 31st; Annual analysis of reserves for repair and replacement; Annual certification and representation regarding status of all loans, encumbrances and taxes; Annual statement regarding condition of the Property and disclosing any known defects; An OMB A-133 financial audit; A report or reports, certifying compliance with the terms and provisions of the Section 3 requirements, as set forth in this Agreement and certifying compliance with the provisions of federal law as it relates to Section 3, whether or not specifically set forth herein; and, Such other and further information and records as City and/or HUD shall request in writing from Borrower. 21|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 193 Guidelines to the Balanced CommunitiesPolicy Appendix ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 194 Guidelines to the Balanced CommunitiesPolicy This page is intentionally blank. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 195 Guidelines to the Balanced CommunitiesPolicy Exhibit 1 Ï Area of Low/Moderate Income Concentration A - 1|P age ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 196 Guidelines to the Balanced CommunitiesPolicy Exhibit 2 Ï City of Chula Vista Income Guidelines A - 2|P age ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 197 Guidelines to the Balanced CommunitiesPolicy Exhibit 3 Ï San Diego County Housing Authority Utility Allowance Schedule A - 3|P age ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 198 Guidelines to the Balanced CommunitiesPolicy Exhibit 4 Ï Example Affordable Rental Rates A - 4|P age ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 199 Guidelines to the Balanced CommunitiesPolicy Exhibit 5 Ï Example Affordable Sales Prices A - 5|P age ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 200 C I T Y O F C H U L A V I S T A GUIDELINES TO THE BALANCED COMMUNITIES POLICY City of Chula Vista Development Services Department 276 Fourth Avenue Chula Vista, CA 91910 Phone 619.691.5047 / Fax 619.585.5698 Revised: December 15, 2015 Adopted: September 25, 2012 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 201 This page is intentionally blank. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 202 Guidelines to the Balanced CommunitiesPolicy Contents Introduction .......................................................................................................................................................... 1 Adoption ............................................................................................................................................................ 1 Intent of Guidelines ..................................................................................................................................... 1 Guidelines & Policy ...................................................................................................................................... 1 Review & Updates ........................................................................................................................................ 1 Inclusionary Requirements ........................................................................................................................... 2 Applicability ..................................................................................................................................................... 2 Exemptions ................................................................................................................................................. 2 Variance ........................................................................................................................................................... 2 Calculating the Obligation ....................................................................................................................... 3 Incentive Credit ............................................................................................................................................ 3 Calculating Incentive Credit ................................................................................................................. 3 Meeting the Requirement ............................................................................................................................. 4 Standards ........................................................................................................................................................... 4 Location ....................................................................................................................................................... 4 Design .................................................................................................................................................................. 5 Bedroom Mix ............................................................................................................................................. 5 Determining Methods of Compliance ............................................................................................... 5 Compliance Alternatives ...................................................................................................................... 5 On-Site ............................................................................................................................................................. 5 Off-Site ............................................................................................................................................................ 6 In-Lieu Housing Fee ................................................................................................................................... 6 Public Benefit .................................................................................................................................................. 7 Calculation of Credit for Alternative Housing Types ................................................................... 7 Process ................................................................................................................................................................ 8 Preliminary Application ............................................................................................................................. 8 Inclusionary Housing Plan .......................................................................................................................... 9 Content ............................................................................................................................................................ 9 Enforcement .................................................................................................................................................. 9 Balanced Communities Affordable Housing Agreement ....................................................... 9 Content ..........................................................................................................................................................10 Enforcement ................................................................................................................................................10 Recordation .................................................................................................................................................11 Determining Affordability ..........................................................................................................................11 Income Levels ................................................................................................................................................11 Income Adjusted for Household Size ..............................................................................................12 Affordability = 30% of Income ...........................................................................................................12 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 203 Guidelines to the Balanced CommunitiesPolicy Calculating Affordable Rents ...............................................................................................................13 Calculating Affordable Homeownership Costs ..........................................................................14 Ongoing Compliance .................................................................................................................................14 Affirmative Marketing .............................................................................................................................14 Waiting List .....................................................................................................................................................15 Reporting .........................................................................................................................................................15 Appendix Exhibit 1 Ï Area of Low/Moderate Income Concentration ...................................... A-1 Exhibit 2 Ï City of Chula Vista Income Guidelines...................................................... A-2 Exhibit 3 Ï San Diego County Housing Authority Utility Allowance Schedule ... A-3 Exhibit 4 Ï Example Affordable Rental Rates .............................................................. A-4 Exhibit 5 Ï Example Affordable Sales Prices ................................................................ A-5 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 204 Guidelines to the Balanced CommunitiesPolicy This page is intentionally blank. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 205 Guidelines to the Balanced CommunitiesPolicy Introduction Adoption The City of Chula Vista adopted a Balanced Communities Policy (ÑPolicyÒ), commonly referred to as Inclusionary Housing, in 1981 as part of its Housing Element of the General Plan. The City CouncilÔs purpose of the Policy is to increase the diversity of housing prices/rents throughout the community and ensure that the range of prices/rents continues over time. Intent of Guidelines The guidelines in this document are intended to supplement and support the Inclusionary Housing Policy of Chula Vista. They will assist the layperson in interpreting the Policy and developers early in the development process so that Residential Development projects are designed from the beginning in compliance with the requirements of the Policy. Guidelines & Policy These Guidelines should be read in conjunction with the Policy. While every effort has been made to ensure that these Guidelines are consistent with the Policy, if there is any conflict or discrepancy between these guidelines and the Policy, the Policy shall prevail. In addition, the provisions of a Balanced Communities Affordable Housing Agreement (or like Agreement) recorded against a property or inclusionary units shall prevail over any general requirements of the Policy. Users of these Guidelines are encouraged to seek their own legal counsel to aid in understanding the requirements of the CityÔs Inclusionary Program. For any general questions regarding the Guidelines, you may call (619) 691-5047. Review & Updates The City will review and, to the extent necessary, update these Guidelines in conjunction with the CityÔs review of its General Plan Housing Element and its Balanced Communities Policy, or as deemed necessary. The Development Services Director may make interim revisions, interpretations or clarifications to these Guidelines provided that he or she considers the revision, interpretation, or clarification to be minor and consistent with the purposes of the original Policy and the Guidelines. 1 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 206 Guidelines to the Balanced CommunitiesPolicy Inclusionary Requirements Applicability The Policy applies City wide to all residential development of 50 units or more, except as provided below. The requirements of these Guidelines and Policy shall not be cumulative to state or other local affordable housing requirements where those units are subject to an affordability restriction recorded against the property by the state or local agency. To the extent that state or local regulations are inconsistent with the requirements herein for the amount of the fee, length of the restriction or the level of affordability, the more restrictive shall apply. Exemptions In order to reach the Policy goal of creating a balanced community and not overburdening areas of our community with low income housing concentrations, these Guidelines define areas of the City that currently provide a large share of low income housing options. A waiver of the inclusionary requirement may be granted within the designated census tracts defined as the ÑArea of Low/Moderate Income ConcentrationÒ, as illustrated in Exhibit 1 and defined as meeting the following criteria: Median income falls below the City wide Median Income, as estimated by the San Diego Association of Governments; and/or Within the Low to Moderate Income Boundary, as provided by the U.S. Department of Housing and Urban Development. Exhibit 1 may be updated and approved periodically by the Development Services Director to reflect current market conditions. Variance A Variance request from the affordable housing requirements may be approved in ÑPrimarily Undeveloped AreaÒ as identified in Exhibit 1, if specific findings can be substantiated by City Council and shall include financial and other information that the Development Services Director determines is necessary to perform an independent evaluation of the applicantÔs basis for the variance. Such findings shall include at least one of the following: (1)That special circumstances exist that are unique to that development that justify granting the variance (for example, the development provides other unique public benefits to the community); or (2)That application of the standard affordable housing requirements to the development without the variance would cause the development to be infeasible or impose a 2 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 207 Guidelines to the Balanced CommunitiesPolicy specific and substantial hardship on the project resulting in a material adverse impact on the quality or timing of the development. The City ManagerÔs recommendation to the City Council as to whether or not to recommend a variance shall consider such factors as project size, site constraints, special infrastructure requirements, market competition, price and product type disparity, developer capability, financial subsidies, and whether alternative means of compliance are available which would be more effective in attaining the purposes of this Policy than the relief requested. Calculating the Obligation The Policy indicates that all shall provide 10% of the total number of dwelling units as affordable to low and moderate income households, as follows: 5% minimum for low income households 5% for moderate income households In making this calculation, any decimal fraction is neither rounded up or down. The Developer may either provide for one additional Affordable Unit or pay a partial in-lieu fee equal to the remaining fraction. EXAMPLE: Calculating Obligation 1.The developer proposes a 125-unit residential project. 2.Inclusionary Housing Obligation 125 units x 0.10 = 12.5 Inclusionary Units 6.25 units as a moderate income and 6.25 units as a low income Incentive Credit The City has a greater need for housing for very low and low income households. To encourage DeveloperÔs to provide for these households, the City can in effect reduce the required affordable housing obligation when the Developer opts to provide very low or low income rather than for moderate income households. Calculating Incentive Credit The Incentive credit shall be calculated as follows: 1.2.0 unit credit for every very low income unit in lieu of a moderate income unit. 2.1.5 unit credit for every low income unit in lieu of a moderate income unit. 3 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 208 Guidelines to the Balanced CommunitiesPolicy 3..5 unit credit for every very low income unit in lieu of a low income unit. EXAMPLE: Calculating Incentives The developer proposes a 300-unit residential project. Inclusionary Housing Obligation = 30 Inclusionary Units (15 moderate income & 15 low income units) Inclusionary Housing Proposed with Incentive Credit Proposes to build 20 low income units (5 more than required) (5 additional low income units x 1.5 credits = 7.5 incentive credits) Remaining moderate balance = 7.5 (15 required Ï 7.5 credits) OR Proposes to build all low income units in lieu of moderate 15 moderate income units required/1.5 low income units = 10 low income units, therefore developer could fulfill obligation by building 25 low income units Meeting the Requirement Affordable Housing often provides opportunities to a segment of the population or provide a public benefit that the market might not otherwise provide on its own. The Policy seeks to provide these opportunities while still allowing Developers to provide market driven housing options. This balance requires flexibility and standards to be set in order to meet the goals of the Policy and to ensure a variety of housing options are provided. The standards and methods of compliance to meet these goals are defined below. Standards A variety of factors are considered in planning Affordable Housing and meeting the Inclusionary Requirements defined under the Policy, such as the location of the housing, the type of housing, design and amenities. These factors are further defined below and set standards to meet the goals while ensuring that the obligation does not negatively affect the community. Location Inclusionary units shall be encouraged on sites that are in proximity to or will provide access to employment opportunities, urban services, or major roads or other transportation and that are compatible with adjacent land uses. 4 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 209 Guidelines to the Balanced CommunitiesPolicy Design The design of the Inclusionary Units shall be reasonably consistent or visually compatible with the design of the total project development in terms of appearance, external building materials and finished quality. Upon application as provided herein, the City may, to the maximum extent appropriate in light of project design elements as determined by the Development Services Director, allow builders to finish out the interior of Inclusionary Units with less expensive finishes and appliances, without reducing the amenities offered. Bedroom Mix Inclusionary developments shall provide a mix of number of bedrooms in the affordable dwelling units in response to affordable housing demand priorities of City and/or proportionate to the bedroom size of the market-rate units as determined by the Development Services Director. Determining Methods of Compliance Generally, the City encourages the satisfaction of the Inclusionary Housing requirements through the construction of new residential units to increase its supply of affordable housing within the project (Ñon-siteÒ) for for-sale developments. For rental development, a Developer, who has not received any form of City assistance, may voluntarily fulfill their obligation by any of the methods of compliance. The City recognizes that there may be a need to provide greater flexibility to developers seeking to satisfy their requirement due to unique conditions of the project and/or the varied housing needs of the community. The City may request information from a Developer in determining the feasibility of one or more of the compliance alternatives, including but not limited to the factors below. Compliance Alternatives A Developer may satisfy the Policy requirement by any combination of the following alternatives after consideration of the methods of compliance. These alternatives shall be reviewed in priority order for compliance with the obligation using the determining factors above. On-Site On-site inclusion of the Inclusionary Requirement is the preferred alternative to meet the inclusionary requirements. Factors to consider in meeting the on-site obligation include the location of the project, type and tenure of the entire project, and financing of the project. 5 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 210 Guidelines to the Balanced CommunitiesPolicy Off-Site Developers may choose to satisfy their requirements through a project at a different site, known as the Ñoff-siteÒ option but not in the ÑArea of Low/Moderate Income ConcentrationÒ. This option may be accomplished solely or in conjunction with another developer, also referred to as a Ñcombined projectÒ. Such options may include, but are not limited to: Constructing new affordable units at a different site; Acquiring and rehabilitating existing market rate units to affordable units; Transfer of affordable housing credits from the City or another developer; and Provision of housing projects or programs to meet the special needs of certain population groups within the community such as, but not limited to, persons with disabilities, homeless, veterans, elderly, students, and national level student/amateur athletes. Such alternative housing types may include shelters, housing, second dwelling units, micro-units, single room occupancy transitional hotels, dormitories, or other specialty housing types approved by the City Manager consistent with the objectives of this Policy. The City acknowledges that there may be rare instances where an over-riding public benefit of a particular project may require consideration of meeting an off-site obligation within the ÑArea of Low/Moderate Income ConcentrationÒ. In such cases, the City Council may provide a finding that an off-site obligation may be met within this otherwise excluded area, if it provides a unique public benefit that might not otherwise occur. As part of the Inclusionary Housing Plan, the Developer shall: Identify the proposed off-site location and the number of proposed units to be credited to its Inclusionary requirement, demonstrating that the off-site optionmeets the goals of the Inclusionary policy (i.e. provides a balance of housing options and/or provides a unique benefit); Provide evidence of site control of the off-site location; and Demonstrate that the proposed off-site location will be able to satisfy requirements of the Policy. the In-Lieu Housing Fee Developers may choose to satisfy any portion of their requirements through payment of an in-lieu housing fee, including a prorated in-lieu fee for partial units. This fee is approved by the City Council based upon the affordability gap of what low/moderate 6 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 211 Guidelines to the Balanced CommunitiesPolicy income households can afford to pay for a home and the median sales price of a home in Chula Vista. The fee is regularly updated as conditions change. Developers must pay the In-Lieu Housing Fee at the time of issuance of a building permit for any part of the project. Public Benefit The City may approve alternatives to the construction of new inclusionary units where the proposed alternative provides a more effective and feasible means of satisfying the requirements and greater public benefit. This determination shall be based on findings approved by City Council that the proposed alternative meets one or more of the following: Advances the specific goals and objectives of the Housing Element; Achieves a balance of housing opportunities within the community; Provides a preferred product type in light of the housing needs of the surroundingarea and need; Offers opportunities to meet the special needs of population groups such as, but not limited to, persons with disabilities, homeless, veterans, elderly, students, and national level student/amateur athletes; Offers locational advantages relative to the needs of lower income households; and/or Offers greater feasibility and/or cost effectiveness than new construction. Calculation of Credit for Alternative Housing Types When satisfying inclusionary housing requirements, generally, the City encourages the provision of residential Ñunits.Ò The City recognizes that there may be a need to provide greater flexibility to developers seeking to satisfy their requirement due to unique conditions or varied housing needs of the community. Alternative housing types may be developed and measured in terms of the number of ÑroomsÒ or ÑbedsÒ rather than Ñunits.Ò Accordingly, a conversion analysis from ÑroomsÒ or ÑbedsÒ to ÑunitsÒ will be required to determine the credits a developer will receive when an alternative housing type is proposed. Given the uniqueness and wide range of alternative housing types, the City Manager or their designee, at their discretion, may consider and balance, on a case-by-case basis, the following factors to determine the appropriate credit: The number of new affordable housing ÑunitsÒ that could otherwise be built on-site; 7 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 212 Guidelines to the Balanced CommunitiesPolicy The amount of the in lieu fee that could otherwise be paid; Any additional projected project development costs or savings accruing to a developer to build the alternative housing type, including any attendant property costs/savings; The extent and nature of the public benefit of the proposed project and any attendant amenities; and The timing of when the alternative housing project will be built relative to when more conventional housing or in-lie payments would otherwise be required. The City Manager or their designee may request additional information from a Developer in determining the credit towards the inclusionary housing requirements through one or more of the compliance alternatives. Process The Balanced Communities Policy is implemented primarily through two documents: the Inclusionary Housing Plan and the Balanced Communities Affordable Housing Agreement. The Inclusionary Housing Plan provides the basis for determining how the provisions of the Policy will be satisfied. The Inclusionary Housing Agreement and any deed restriction or regulatory agreement set forth the ongoing affordability and other restrictions applicable to the Inclusionary Units once they have been completed. Preliminary Application A Developer subject to the Inclusionary Housing provisions of this Chapter and proposing a housing development pursuant to the Policy may submit a preliminary application prior to the submittal of any formal request for approval. Applicants are encouraged to schedule a pre-application conference with designated staff of the Planning, Building and/or Housing Divisions of the Development Services Department to discuss and identify potential application issues, including prospective incentives or concessions that may be requested. A preliminary application shall include the following information: A brief description of the proposed housing development, including the total number of units, bedroom count, and Inclusionary Units proposed; The zoning and general plan designations and assessor parcel number(s) of the project site; A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway, parking layout, open space, recreational amenities, building elevations, existing contours and proposed grading; and A letter identifying what specific incentives or concessions are being requested 8 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 213 Guidelines to the Balanced CommunitiesPolicy for the affordable units. Within 90 days of receipt of the preliminary application, the City shall provide to the Applicant a letter which identifies project issues of concern and the procedures for compliance with this Policy. Inclusionary Housing Plan An Inclusionary Housing Plan is submitted along with the ApplicantÔs first application for a Discretionary Approval for a Residential Development. No Discretionary Approval shall be granted without submission of the Inclusionary Housing Plan. Content The Inclusionary Housing Plan shall contain the following information: A brief description of the Residential Development including the number of Market Rate Units and Inclusionary Units proposed, and the basis for the calculation of the number of Inclusionary Units. The unit-mix, location, structure type, and size of the Market Rate and Inclusionary Units, and whether the Residential Development is an ownership or rental project. A floor plan depicting the location of the Inclusionary Units shall be provided. The income level of the Inclusionary Units; In the event the Developer proposes a phased project, a phasing plan that provides for the timely development of the Inclusionary Units as the Residential Development is built out. The phasing plan shall provide for development of the Inclusionary Units concurrently with the Market Rate Units. If the Developer intends to satisfy the Inclusionary Unit requirement by payment of an in-lieu fee, a statement to that effect, and a calculation of the total in- lieu fee payment required. If a conveyance of land or an off-site Inclusionary Units alternative is proposed, information necessary to establish compliance with these Guidelines. Enforcement Approval of the Inclusionary Housing Plan and implementation of a Balanced Communities Affordable Housing Agreement shall be a condition of approval of any Discretionary Approval or building permit for the Residential Development. Balanced Communities Affordable Housing Agreement Except for those cases where the requirements are satisfied by payment of an in-lieu fee or the conveyance of land to the City, all Developers whose projects are subject to the Policy shall enter into a Balanced Communities Affordable Housing Agreement with the 9 |Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 214 Guidelines to the Balanced CommunitiesPolicy City. The CityÔs standard form(s) of the Agreement may be obtained from the Housing Division of the Development Services Department. Content The form of the Balanced Communities Affordable Housing Agreement may vary, depending on the manner in which the provisions are satisfied for a particular Residential Development. All Inclusionary Housing Agreements shall include, at a minimum, the following information: The number of total units within the residential development and the Inclusionary Units proposed, with specific calculations detailing the application of any credit adjustment; The proposed location of the Inclusionary Units; and Schedule for production of dwelling units. If no map is being processed, the Agreement required is a project specific agreement to include the following: Indicate whether the Residential Development is an ownership or rental project; The number and size of Very Low, Low or Moderate Income Units, location of units,square-footage of units; Amenities and services provided, such as daycare, after school programs, transportation, job training/employment services and recreation; The incentives (if any), including the nature and amount of local public funding; Provisions for resale or rental restrictions, monitoring affordability of the units; and The determination of Income-Eligible households. Where applicable, requirements for other documents to be approved by City, such as marketing, leasing and management plans; financial assistance/loan documents; resale agreements; and monitoring and compliance plans. Enforcement No building permit shall be issued for all or any portion of the Residential Development unless the Balanced Communities Affordable Housing Agreement has been recorded. For those residential projects processing a map, the Balanced Communities Affordable Housing Agreement is executed prior to final map approval and shall be recorded upon final map recordation. Where a map is not being processed, the Agreement is executed prior to the issuance of building permits for any units within the project. 10|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 215 Guidelines to the Balanced CommunitiesPolicy Recordation The Agreement is recorded as a covenant against the real property of the Residential Development and will run with the land. This Agreement should generally be recorded in the first position and not subordinated to other liens and encumbrances. In the case where satisfaction of the inclusionary housing requirements are being met through the development of off-site Inclusionary Units, the Agreement will be simultaneously recorded on both the title to the property where the off-site Inclusionary Units are to be developed and the Residential Development. Upon the completion of the Inclusionary Units and their occupancy by Income-Eligible households, the Agreement shall be released from record title of the market rate Residential Development site. Determining Affordability To remain consistent with Federal and State programs related to affordable housing, the City of Chula Vista uses the definitions and data provided by the U.S. Department of Housing and Urban Development and the State of California to define income levels and affordability of housing. Income Levels The U.S. Department of Housing and Urban Development (HUD) provides income charts that identify the annual and monthly maximum incomes for lower income households for the San Diego County area and updates this information each year. The City of Chula Vista uses the Area Median Income (AMI) for San Diego County, since HUD does not provide median income data for specific cities. These income charts are shown in Exhibit 2, and are available at the office of the Chula Vista Development Services Department - Housing Division and on its website at www.chulavistaca.gov/housing. The City uses this income data as a basis for calculating the maximum rents and sales prices permitted under the CityÔs Affordable Housing Programs. The CityÔs affordability requirements refer to the following income categories, which are based on various percentages of the AMI: 11|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 216 Guidelines to the Balanced CommunitiesPolicy Income Category Percentage of Area MedianIncome Very Low 50% or less Low 50%-80% Moderate 80%-120% Income Adjusted for Household Size The Area Median Income as published by HUD corresponds to the area median income for a household of four. The AMI is then adjusted for household size. HUD sets the median incomes for other household sizes by applying a multiplier to the median income of a household of four. The City uses these income limits for setting the eligibility of renters and buyers under its affordable housing programs. Households are considered eligible if their income does not exceed the income for their household size at the upper end of the targeted income level. EXAMPLE: Determining Income Level 1.Targeted Income Level = Low Income 2.Smith familyÔs (household size of 3 persons) annual income = $45,000. Maximum annual income for a Low Income household 3. of 3 persons at 80% AMI = $57,850 4. Smith family is qualified as Low Income. Affordability = 30% of Income The term ÑaffordableÒ may have a wide range of meanings to the general public, but in the CityÔs usage it has as specific meaning. The City, as well as most state and federal housing programs define affordable as housing costs that do not generally exceed 30% of the gross annual household income of any given income group (reference California Health and Safety Code Section 50053 (b) for rental housing and 50052.5 (b) for ownership housing). 12|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 217 Guidelines to the Balanced CommunitiesPolicy EXAMPLE: Affordable Housing Costs Annual income of five person household is $66,100. Maximum income for a five person low-income household at 80% AMI = $69,400 Maximum monthly affordable housing cost = Annual income ÷ 12 × .30 = $66,100 ÷ 12 × .30 = $5,508 x .30 = $1,652 maximum monthly housing cost OR Annual income of five person household is $95,000. Maximum annual income of five person moderate-income household at 120% AMI = $98,400 Maximum monthly affordable housing cost = Annual income ÷ 12 × .30 = $95,000 ÷ 12 × .30 = $7,916 x .30 = $2,374 maximum monthly housing cost The monthly housing cost limits and purchase price estimations given here are based on the following assumptions: Appropriate household size is defined as the number of bedrooms in a unit plus one, i.e. a one-bedroom unit is based on a 2-person household, a two-bedroom unit is based on a 3-person household, and so on. Calculating Affordable Rents For a rental unit, total housing costs include the monthly rent payment as well as consideration for a utility allowance (reference 25 California Code of Regulations Section 6918). Information on utility allowances can be obtained from the City and is based upon the schedule adopted by the Housing Authority of the County of San Diego and approved by HUD, reference Exhibit 3. The utility schedule varies by number of bedrooms in a unit and by the various utility combinations. Affordable rental rates are based upon a targeted income level. It is impractical to set individual maximums rents on the actual income of each household to reside within the affordable unit. 13|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 218 Guidelines to the Balanced CommunitiesPolicy Estimated rental rates are provided only as rough guides, as there are several variable factors that go into calculating rental rates. The state and federal government housing programs may make various adjustments for bedroom size and target income percentages. The examples provided in these Guidelines summarizes the most commonly used by the City for affordable rental projects, reference Exhibit 4. EXAMPLE: Affordable Rental Housing Costs 1. 3 Bedroom apartment affordable to a low income household Affordable rent calculated at 60% AMI Maximum monthly affordable rent = $1,138Ï utility allowance OR 1. 3 Bedroom apartment affordable to a moderate income household Affordable rent calculated at 110% AMI Maximum monthly affordable rent = $2,087Ï utility allowance Calculating Affordable Homeownership Costs For for-sale units, total housing costs include the mortgage payment (principal and interest), homeowners association dues, taxes, utilities, mortgage insurance and any otherrelated assessments (reference 25 California Code of Regulations Section 6920). Estimated purchase prices are provided only as rough guides, as there are several variable factors that go into calculating sales prices, reference Exhibit 5. Ongoing Compliance Developers shall be responsible to have on file and provide at City request documentation showing compliance with state and local laws pertaining to affordable housing practices. These shall include but are not limited to the following items below. Affirmative Marketing Developer shall perform those affirmative marketing responsibilities set forth in 24 C.F.R. 92.351.The affirmative marketing strategy must be designed to attract buyers and renters of all majority and minority groups, regardless of sex, handicap and familial status to assisted rental units and sales dwelling which are being marketed. The Developer shall have available at City request an Affirmative Marketing Plan that includes the following components: 14|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 219 Guidelines to the Balanced CommunitiesPolicy Targeting: Identifying the segments of the eligible population which are least likely to apply for housing without special outreach efforts; Outreach: An outline of an outreach program which includes special measures designed to attract those groups identified as least likely to apply and other efforts designed to attract persons from the total population; Indicators: Statement of the indicators to be used to measure the success of the marketing program; and Staff Training: Demonstration of the capacity to provide training and information on fair housing laws and objectives to sales or rental staff. Developer must make a good faith effort to conduct outreach. This requires recorded activities and documented outreach to those individuals identified as least likely to apply, such as print and electronic advertising and Marketing housing to specific community, religious or other organizations frequented by those least likely to apply. Waiting List The developer shall have written procedures for selection of residents and any priority system in place. At the CityÔs request the procedures and copy of the active waiting list shall be furnished to the City. Reporting The Developer shall retain records and reports onsite and shall make such available to the City on request. This list of records and reports relating to the Project are in addition to any documents required by other funding sources. The records and reports include, but are not limited to the following: Eligible Tenant information, including yearly income verifications; Housing payments charged to resident tenants, to the extent applicable; On-site inspection results; Affirmative marketing records; Insurance policies and notices; Equal Employment Opportunity and Fair Housing records; Labor costs and records; An audited income and expense statement and balance sheets for Developer; An audited income and expense statement and balance sheets for the Project; A Management Plan for the calendar year in which the report is prepared showing anticipated rental income, other income, expenses, anticipated repairs and replacements to the Project, timing of such repairs and replacements, insurance maintained on behalf of the Project, and such other matters as City shall require, in its sole discretion; 15|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 220 Guidelines to the Balanced CommunitiesPolicy Federal and State income tax returns for the calendar year, ending on the preceding December 31st; Annual analysis of reserves for repair and replacement; Annual certification and representation regarding status of all loans, encumbrances and taxes; Annual statement regarding condition of the Property and disclosing any known defects; An OMB A-133 financial audit; A report or reports, certifying compliance with the terms and provisions of the Section 3 requirements, as set forth in this Agreement and certifying compliance with the provisions of federal law as it relates to Section 3, whether or not specifically set forth herein; and, Such other and further information and records as City and/or HUD shall request in writing from Borrower. 16|Page ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 221 Guidelines to the Balanced CommunitiesPolicy Appendix ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 222 Guidelines to the Balanced CommunitiesPolicy This page is intentionally blank. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 223 Guidelines to the Balanced CommunitiesPolicy Exhibit 1 Ï Area of Low/Moderate Income Concentration A - 1|P age ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 224 Guidelines to the Balanced CommunitiesPolicy Exhibit 2 Ï City of Chula Vista Income Guidelines A - 2|P age ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 225 Guidelines to the Balanced CommunitiesPolicy Exhibit 3 Ï San Diego County Housing Authority Utility Allowance Schedule A - 3|P age ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 226 Guidelines to the Balanced CommunitiesPolicy Exhibit 4 Ï Example Affordable Rental Rates A - 4|P age ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 227 Guidelines to the Balanced CommunitiesPolicy Exhibit 5 Ï Example Affordable Sales Prices A - 5|P age ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 228 City of Chula Vista Staff Report File#:15-0627, Item#: 8. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGTHE ADVANCEDEPOSITANDREIMBURSEMENTAGREEMENTFORCOMMUNITYFACILITIES DISTRICTNO.16-I(MILLENIA)BETWEENTHECITYANDSLFIV-MILLENIA,LLCAND AUTHORIZINGTHECITYMANAGERTOEXECUTETHEAGREEMENTONBEHALFOFTHE CITY RECOMMENDED ACTION Council adopt the resolution. SUMMARY SLFIV-Millenia,LLCistheownerofthepropertywithintheEasternUrbanCoreoftheCity commonlyreferredtoasMilleniaandassigneetoMcMillinOtayRanchLLCundertheDevelopment AgreementbyandbetweentheCityofChulaVistaandMcMillinOtayRanchLLCpertainingtothe developmentofMillenia.SLFIV-Millenia,LLCintendstosubmitarequestandapplicationtotheCity thattheCityundertakeproceedingstoestablishacommunityfacilitiesdistricttofinancethe acquisition or construction of certain public improvements in connection with the Millenia Project. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”in accordancewithSection15378(b)(5)oftheStateCEQAGuidelinesbecausetheDistrictisa financingdistrictthatwillnotresultinadirectorindirectphysicalchangeintheenvironmental; therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelinestheactivityisnotsubjectto CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION SLFIV-Millenia,LLC(“Applicant”)istheownerofthatpropertywithintheEasternUrbanCore (“EUC”)oftheCitycommonlyreferredtoasMilleniaandassigneetoMcMillinOtayRanchLLC (“McMillin”)undertheDevelopmentAgreementbyandbetweentheCityofChulaVista(the“City”) andMcMillin(the“DevelopmentAgreement”)pertainingtothedevelopmentofMillenia(definedinthe DevelopmentAgreementasthe“Project”).ActingpursuanttotheFinancingPlancontainedinthe DevelopmentAgreement(the“FinancingPlan”),Applicantintendstosubmitarequestand applicationtotheCitythattheCityundertakeproceedingstoestablishacommunityfacilitiesdistrict (the“District”)tofinancetheacquisitionorconstructionofcertainpublicimprovements(definedinthe FinancingPlanas“EligiblePublicFacilities”)inconnectionwiththeProject.TheFinancingPlan providesthattheobligationoftheCitytoinitiatesuchproceedingsisconditionaluponreceiptbythe Cityofanadvance,subjecttoreimbursement,fromtheApplicantinanamountdeterminedbythe City of Chula VistaPage 1 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 229 File#:15-0627, Item#: 8. CitytopayfortheCity’sestimatedcoststobeincurredinundertakingtheproceedingstoestablish theDistrict.TheFinancingPlanfurtherrequiresthattheexacttermsandconditionsfortheadvance offundsbytheApplicantandthereimbursementofsuchadvancesasmutuallyagreeduponshallbe memorializedinaseparateagreementbetweentheCityandtheApplicant.TheCommunity FacilitiesDistrictAdvanceDepositandReimbursementAgreement(the“Agreement”)isintendedto satisfysuchrequirementoftheFinancingPlan.TheapprovaloftheAgreementwillalsopreservethe abilitytofinancetheacquisitionofcertainEligiblePublicFacilitiesthathavebeenconstructedbythe Applicant and are awaiting acceptance by the City. TheFinancingPlantotheDevelopmentAgreementestablishesthebasictermsandconditions pursuanttowhichtheCityandtheApplicant,asassigneetoMcMillin,willcooperatetoestablishthe DistricttofinancetheacquisitionortheconstructionofEligiblePublicFacilitiesinconnectionwiththe Project.Asmentionedabove,theCityshallinitiatetheproceedingstoformtheDistrictonlyupon receiptofarequestandtheCity’sstandardapplicationforconsiderationoftheformationofa communityfacilitiesdistrictandanadvancefromtheApplicantintheamountestimatedbytheCity. TheCityandtheApplicantwillestablishthetermsandconditionspursuanttowhichtheApplicantwill advancefundstotheCitytopayforthecostsincurredbytheCityinundertakingtheproceedingsto considertheformationoftheDistrictand,iftheDistrictisformed,theestimatedcostofissuingbonds by the District to finance the Eligible Public Facilities. TheAgreementprovidesthattheApplicantshalladvancefundsnecessarytopayallcostsand expensesincurredbytheCityinundertakingtheproceedingstoconsidertheformationoftheDistrict andsubsequentlyauthorizing,issuingandsellingbondsoftheDistricttofinancetheacquisitionor constructionoftheEligiblePublicFacilities(the“FormationandIssuanceCosts”)(exceptthosecosts andexpenseswhicharecontingentupontheissuanceofbondsfortheDistrictandarepayable solelyfromtheproceedsofsuchbonds).SuchFormationandIssuanceCostswillinclude,without limitation, the following: 1.Special Tax Consultant services; 2.Bond counsel services; 3.Financial advisory services; 4.Appraisal and market absorption services; 5.Disclosure Counsel services; and 6.City staff and City Attorney time. PriortotheexecutionoftheAgreement,theApplicantisrequiredtomakeaninitialadvancetothe Cityof$79,500.IfmoniesinadditiontotheinitialadvancearenecessarytopayfortheFormation andIssuanceCosts,theCityshallasnecessaryandfromtimetotimemakewrittendemandupon ApplicantandApplicantshallimmediatelythereafter,withinfive(5)workingdays,depositsaid monieswiththeCitytopayforthebalanceoftheFormationandIssuanceCosts.Ifsuchadditional moniesarenottimelyreceived,allproceedingsshall,attheoptionoftheCity,besuspendeduntil City of Chula VistaPage 2 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 230 File#:15-0627, Item#: 8. such monies are received. IftheDistrictisformedandbondsoftheDistrictareissued,theApplicantshallbereimbursedforall expendituresfundedfromsuchadvancessolelyfromtheproceedsofthespecialtaxesleviedwithin theDistrictand/ortheproceedsofbondsissuedbytheDistrict.IftheDistrictisnotformedandsuch proceedingsareabandonedforanyreasonatanytimepriortothesuccessfulsaleofbondsorthe Districtisunableforanyreasontoissueorsellthebonds,therewillbenoobligationonthepartof theCityortheDistricttoreimbursetheApplicantforanymoniespreviouslyadvancedpursuanttothis Agreement;provided,however,theCityshallreturntotheApplicantanymoniespreviouslyadvanced whichremainondepositwiththeCityandwhichtheCitydeterminesareinexcessoftheamount necessary to pay for any outstanding Formation and Issuance Costs previously incurred by the City. TheAgreementdoesnotinanywaycreateacontractual,legalorequitableobligationofor commitmentbytheCitytoapprovetheformationoftheDistrictandtheCityexpresslyreservesthe right to abandon the proceedings for any reason at any time prior to the completion thereof. TheAgreementalsoestablishesthetermsandconditionspursuanttowhichcertainEligiblePublic Facilitiesthathavebeenconstructed(the“InitialImprovements”)ormaybeconstructed(the “AdditionalImprovements”)bytheApplicantsubsequenttothepartiesenteringintotheAgreement andpriortotheformationoftheDistrictshallbeeligibletobeacquiredbytheCityiftheDistrictis formedandbondsoftheDistrictareissuedforsuchpurpose.Thespecifictermsandconditionsare set forth in Section 6 of the Agreement. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty holdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction. Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof interestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthe Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theapprovalofthis agreementinitiatestheDistrictformationprocess.OncetheDistrictisformedandbondsaresold, theproceedswillservetwoCityStrategicPlanmajorgoals:EconomicVitality,viaaddition commercialactivities,andaConnectedCommunitybywayofenhancedroadwayimprovementsin the EUC/Millenia area of the City. CURRENT YEAR FISCAL IMPACT City of Chula VistaPage 3 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 231 File#:15-0627, Item#: 8. FundstopayforallexpensesincurredbytheCityinundertakingtheproceedingstoformtheDistrict will be advanced by the Applicant. There is no direct fiscal impact on the City by this action. ONGOING FISCAL IMPACT ThecoststoadministertheDistrict,ifestablishedandtheissuanceofbondsbytheDistrictshallbe paidfromtheproceedsofspecialtaxestobeleviedwithintheDistrictortheproceedsofthebonds issuedbytheDistrict.Thereis,therefore,noongoingfiscalimpactontheCity’sgeneralfundbythis action. ATTACHMENTS 1.Community Facilities District Advance Deposit and Reimbursement Agreement - Community Facilities District No. 16-I Staff Contact: David Bilby, Director of Finance/Treasurer City of Chula VistaPage 4 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 232 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULAVISTA APPROVING THE ADVANCE DEPOSIT AND REIMBURSEMENT AGREEMENT FOR COMMUNITY FACILITIES DISTRICT NO. 16-I (MILLENIA) BETWEEN THE CITY AND SLF IV- MILLENIA, LLCAND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, the City and McMillin Otay Ranch, LLC, (the “Applicant”)entered into a DevelopmentAgreement (the “Development Agreement”) for the purposes and mutual benefits set forth thereinto provide for the development of the Eastern Urban Center, now known and referred to as “Millenia” (the “Property”)with SLF IV-MILLENIA, LLC as an assignee; and WHEREAS, the Development Agreement provides that the Applicant, as the Master Developer, may submit a written request to the City (“CFD Request”) requesting that the City establish a Community Facilities District pursuant to the Mello-Roos Community Facilities Act of1982, as amended (Government Code Section 53311 and following)(the "Mello-RoosAct”) to finance the acquisition and construction of public facilities in accordance with the Financing Plan and the Goals and Policies. The Development Agreement further provides that upon receipt of such request and application and the deposit with Cityof sufficient funds to pay City’s costs to undertake the proceedings to establish such Community Facilities District, the City shall use reasonable efforts to, among other actions, establish such Community Facilities District; and WHEREAS, Applicant intends to submit such a CFD Request to the City to request that the City initiate proceedings under the provisions of the Mello-Roos Act to establish such a Community Facilities District (to be designated “Community Facilities District No. 16-I” or “CFD No. 16-I”) to finance the acquisition and/or construction of certain public improvements; and WHEREAS, Applicant agrees to advance funds to the City as required pursuant to the Development Agreement for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of CFD No. 16-I and to subsequently authorize, issue and sell bonds for CFDNo. 16-I. Such monies shall be subject to reimbursement or credit pursuant to the provisions of the Advance Deposit and Reimbursement Agreement upon the successful sale of bonds for CFDNo. 16-I and the receipt by the City of the proceeds of such bonds; and WHEREAS,rior to January 1, 2015, Applicant solicited bids for and contracted for the p construction of certain improvements required to be constructed pursuant to the Development Agreement; and C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@3405B586\\@BCL@3405B586.doc ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 233 Resolution No. Page 2 , WHEREASthe parties hereto wish to enter into the Advance Deposit and ReimbursementAgreement to memorialize the terms and conditions pursuant to which the Applicant shall advance monies and the monies so advanced may, subject to certain conditions contained therein, be reimbursed or credited against future special tax obligations and to preserve the ability for CFD No. 16-I to finance the City’s acquisition of certain public improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Advance Deposit andReimbursement Agreement for CFD No. 16-I, between the City and SLF IV-MILLENIA, LLC, inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the City Clerk, and authorizesand directsthe City Manager to execute same. Presented byApproved as to form by David BilbyGlen R. Googins Director of FinanceCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 234 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 235 COMMUNITY FACILITIES DISTRICT ADVANCE DEPOSIT AND REIMBURSEMENT AGREEMENT COMMUNITY FACILITIES DISTRICT NO. 16-I(MILLENIA) THIS ADVANCE DEPOSIT AND REIMBURSEMENT AGREEMENT is made and entered into this day of ,2015 Effective Date, by and between SLF IV-MILLENIA, LLC, aDelaware limited liability company . R E C I T A L S A. The City and McMillin Otay Ranch, LLC entered into that certain Development Agreement (the for the purposes and mutual benefits set forth therein to provide for the Development of the Eastern Urban Center, no . All capitalized terms used herein and not otherwise defined herein shall have the meanings given such terms in the Development Agreement. The Applicant has acquired the Property and been assigned all rights, interests and obligations of the Development Agreement and Existing Entitlements and the obligations to construct improvements required by subdivision maps on the Property and obligations. B The Development Agreement provides that the Applicant, as the Master Developer, may submit a written request to City requesting that the City establish a Community Facilities District pursuant to the Mello-Roos Act to finance the acquisition and construction of public facilities in accordance with the Financing Plan and the Goals and Policies. The Development Agreement further provides that upon receipt of such request and application and establish such Community Facilities District, the City shall use reasonable efforts to, among other actions, establish such Community Facilities District. C Applicant intends to submit such aCFD Request to the City to request that the City initiate proceedings under the provisions of the Mello-Roos Act to establish such aCommunity Facilities District (to be designated y Facilities District No. 16--) to finance the acquisition and/or construction of certain public improvements. D. Applicant agrees to advance funds to the City as required pursuant to the Development Agreement for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of Community Facilities District No. 16-I and to subsequently authorize, issue and sell bonds for Community Facilities District No. 16-I (the provisions of this Agreement upon the successful sale of bonds for Community Facilities District No. 16-Iand the receipt by the City of the proceeds of such bonds. E. Prior to January 1, 2015, Applicant solicited bids for and contracted for the construction of certain improvements required to be constructed pursuant to the Development Agreement (the ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 236 In addition, prior to the completion of the Proceedings, Developer may solicit bids for and contract for the construction of certain additional improvements required to be constructed pursuant to the Development Agreement to the Development Agreement as Eligible Public Facilities . The Initial Improvements are identified in Exhibit A hereto and incorporated herein by this reference. Applicant has or will, in its CFD Request, request that the Initial Improvements and Additional Improvements be eligible to be acquired by City from the proceeds of special taxes authorized to be levied within Community Facilities District No. 16-or bonds issued by Community Facilities District No. 16-I notwithstanding the fact that some or all of such Initial Improvements and Additional Improvements may be accepted by the City prior to (i) the City and the Applicant entering into an agreement to establish the terms and conditions pursuant to which the acquisition or construction of specified public improvements may be financedby Community Facilities District No. 16-I or (ii) the formation of Community Facilities District No. 16-I. F. The parties hereto wish to enter into this Agreement to memorialize the terms and conditions pursuant to which Applicant shall advance monies and the monies so advanced may, subject to certain conditions contained herein, be reimbursed or credited against future special tax obligations and to preserve the ability for Community Facilities District No. 16-Ito finance the acquisition of the Initial Improvements and Additional Improvements and for the City to acquire such improvements. A G R E E M E N T The parties hereto, for mutual consideration, the receipt of which is hereby acknowledged, agree as follows: Advances. SECTION 1. A. Applicant shall advance monies to the City in such amounts and at such times as specified below to pay all costs and expenses incurred by the City in undertaking the Proceedings (except those costs and expenses which are contingent upon the issuance of bonds for the Community Facilities District and payable solely from the proceeds of such bonds), including without limitation, the following: 1.Special Tax Consultant services; 2.Bond counsel services; 3.Financial advisory services; 4.Disclosure counsel services; 5.Appraisal and market absorption services; and 6.City staff and City Attorney time. #156793-vred (2 v. 1) 9176.29/10/2015 2 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 237 B. Advances shall be made to the City pursuant to the following schedule: 1.Applicant shall advance the amount of seventy nine thousand and five hundred dollars ($79,500) on or before the Effective Date of this Agreement. 2.If monies in addition to the initial advance are necessary to pay for the Formation and Issuance Costs, the City shall as necessary and from time to time make written demand upon Applicant and Applicant shall immediately thereafter, within five (5) working days, deposit said monies with the City to pay for the balance of the Formation and Issuance Costs. If such additional monies are not timely received, all Proceedings shall, at the option of the City, be suspended until such monies are received. Records. SECTION 2.The City agrees to keep records consistent with its regular accounting practices of the amount of monies advanced and the expenditure of such monies. Additionally, the City shall enter into and maintain contracts with all consultants that shall specify the scope of services and compensation to be paid to all such consultants. Such records and contracts shall be available for review by the Applicant during normal business hours upon reasonable notice to the City. Reimbursement. SECTION 3.If the Community Facilities District is formed, the unexpended and unencumbered portion of all monies advanced to the City by the Applicant pursuant to this Agreement shall be returned to the Applicant. Any portion of such monies that is appropriated to pay Formation and Issuance Costs shall be retained by the City until such monies are expended for such purpose pursuant to this Agreement or, if some or all of such monies shall become unappropriated before being expended, the unexpended portion shall be returned to the Applicant. The expended portion of such monies shall be reimbursed to the Applicant in cash solely from special tax and/or bond proceeds. If the Proceedings to form the Community Facilities District are not completed and are abandoned for any reason at any time prior to the formation thereof or the successful sale of bonds of the Community Facilities District or the Community Facilities District is unable for any reason to issue or sell the bonds, there will be no obligation on the part of the City or the Community Facilities District to reimburse Applicant for any monies previously advanced pursuant to this Agreement; provided, however, the City does agree to return to Applicant any monies previously advanced which remain on deposit with the City and which the City determines are in excess of the amount necessary to pay for any outstanding Formation and Issuance Costs previously incurred by the City. Ownership of Documents. SECTION 4.All appraisals, market absorption studies, special tax pro formas and other documentation as prepared as a part of the Proceedings shall become the property of the City, regardless as to whether the Community Facilities District is actually formed. No Obligation to Form Community Facilities District. SECTION 5. Applicant acknowledges that the decision of the City Council to form the Community Facilities District is an exercise of the legislative authority of the City Council and that the City may not enter into a contract to obligate the City Council to exercise its legislative discretion in a particular manner. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve the formation of the Community Facilities District. The City expressly reserves the right to abandon the #156793-vred (2 v. 1) 9176.29/10/2015 3 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 238 Proceedings for any reason at any time prior to the completion thereof. Should Applicant desire to abandon the Proceedings, Applicant shall provide written notification of such desire to the City and request the City to immediately terminate all consulting agreements and use all efforts to minimize any and all Formation and Issuance Costs. Financing of the Acquisition of the Initial and Additional Improvements. SECTION 6. Applicant, in order to proceed in a timely way with development of the Property,may initiate construction of Additional Improvements that will, following the completion of the construction thereof, be acquired, owned, operated and maintained by the City. Applicant shall solicit bids for the construction of each of the Additional Improvements from not less than three (3) contractors and Applicant shall award the construction contract for each of the Additional Improvements to that contractor submitting the lowest responsible bid for such work and that the design and the construction of each of the Additional Improvements shall be undertaken in conformity with the following requirements: (a) in substantial compliance with the plans and specifications approved by the City for each such Additional Improvement; (b) in a good and workmanlike manner by well-trained adequately supervised workers; (c) in strict compliance with all governmental and quasi-governmental rules, regulations, (d) free of any known design flaws and defects; and (e) except as provided above, in substantial compliance with the requirements of Exhibit B attached hereto which is incorporated herein by this reference. Applicant certifies that Applicant solicited bids for the construction of each of the Initial Improvements from not less than three (3) contractors and that Applicant awarded the construction contract for each of the Initial Improvements to that contractor submitting the lowest responsible bid for such work and that the design and the construction of each of the Initial Improvements was undertaken in conformity with (a) through (d) above in the preceding paragraph. The City agrees to acquire the Initial Improvements notwithstanding the fact that such Initial Improvements may not have been bid and the award of the construction contracts may not have been made in accordance with all of the requirements of Exhibit B hereto. Land Use Approvals. SECTION 7.The City has, as required by Government Code Section 53312.7, adopted local goals and policies concerning the use of the Mello- a precondition to the initiation of proceedings to establish community facilities districts pursuant to such act. Such Goals and Policies provide in pertinent part as follows: such as zoning, specific plan or subdivision approval to grant such approval as a part of the City's ongoing planning and land use approval process. In granting such approval, the City reserves such rights as may be permitted by law to modify such approvals in the future as the City #156793-vred (2 v. 1) 9176.29/10/2015 4 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 239 Council determines the public health, safety, welfare and interest may require. Such approval when granted is subject to a condition that the construction of any part of the development does not, standing alone, grant any rights to complete the development of the remainder of such development. Construction of public improvements to serve undeveloped land financed through a community facilities district shall not vest any rights to the then existing land use approvals for the property assessed for such improvements or to any particular level, type or intensity of development or use. Applicants for a Development Related CFD must include an express acknowledgment of this policy and shall expressly waive on their behalf and on behalf of their successors and assigns any cause of action at law or in equity including, but not limited to, taking or damaging of property, for reassessment of property or denial of any right protected by USC Section 1983 which might be applicable to the In order to satisfy the foregoing requirements of the Land Use Policy, Applicant expressly acknowledges such policy and expressly waives on its own behalf and on behalf of all Affiliates, successors and assigns any cause of action at law or in equity including, but not limited to, taking or damaging of property, for reassessment of property or denial of any right protected by USC Section 1983 which might be applicable to the properties to be assessed. waiver in the preceding paragraph is intended to divest, alter or amend or shall divest, alter or amend the Development Agreement. Counterparts. SECTION 8.This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Authority to Execute Agreement. SECTION 9.The City and the Applicant represent that the individuals signing this Agreement have full right and authority to bind their respective parties to this Agreement. Best Efforts. SECTION 10 The parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. Successor and Assigns. SECTION 11.This Agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors and assigns. Applicant may not assign its rights or obligations hereunder except upon written notice to City within thirty (30) calendardays of the date of such assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee in writing delivered to the City of the rights, duties and obligations of the Applicant arising under or from this Agreement, Applicant shall be released for all future duties or obligations arising under or from this Agreement. #156793-vred (2 v. 1) 9176.29/10/2015 5 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 240 Singular and Plural; Gender. SECTION 12.Whenever used herein, the singular number shall include the plural, the plural number shall include the singular, and the masculine feminine or neuter gender shall include the others whenever the context of the Agreement so indicates. Entire Agreement. SECTION 13.This Agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof. This Agreement may not be altered, modified or amended except by an instrument in writing executed by all of the parties. Governing Law. SECTION 14.This Agreement has been executed in and shall be governed by the laws of the State of California. Construction. SECTION 15.This Agreement has been reviewed by legal counsel for both the City and the Applicant and shall be deemed for all purposes to have been jointly drafted by the City and the Applicant. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder.The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. Severability. SECTION 16.In the event that any one or more of the provisions of this Agreement that is or are material to the entering into this Agreement by either Applicant or the City shall for any reason be held to be unenforceable in any material respect by a court of competent jurisdiction, Applicant and the City may mutually agree that such unenforceability shall not affect any other provision of this Agreement, and that this Agreement shall be construed as if such unenforceable provision or provisions had never been contained herein. If Applicant and the City fail to so mutually agree, this Agreement written notice to the other party. In such event, the City shall use all efforts to minimize any and all Formation and Issuance Costs and shall return to Applicant any monies previously advanced which remain on deposit with the City and which the City determines are in excess of the amount necessary to pay for any outstanding Formation and Issuance Costs previously incurred by the City. Notices. SECTION 17.All notices and demands shall be given in writing by personal delivery or first- class mail, postage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if any party gives notice of a change of name of address, notices to the giver of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. CITY: CITY OF CHULA VISTA 276Fourth Avenue Chula Vista, CA 91910 Attention: City Manager With a Copy to: 276 Fourth Avenue #156793-vred (2 v. 1) 9176.29/10/2015 6 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 241 Chula Vista, CA 91910 Attention: City Attorney APPLICANT: SLF IV-MILLENIA, LLC 5949 Sherry Lane, Suite 1750 Dallas, TX 75225 Attn: Heather Shannon AND MILLENIA REAL ESTATE GROUP 2750 Womble Road, Suite 200 San Diego, CA 92016 Attention:Todd Galarneau, Executive Vice President Time of the Essence. SECTION 18. Time is of the essence in the performance of the parties respective obligations herein contained. Waiver. SECTION 19. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by such party of any other covenant, condition or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. Amendment. SECTION 20. No provision of this Agreement may be modified, waived, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. Defense, Indemnity & Hold Harmless. SECTION 21.To the maximum extent allowed by law, Applicant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Applicant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Applicant, its employees, agents or officers, or any third party. \[Remainder of this page intentionally left blank.\] #156793-vred (2 v. 1) 9176.29/10/2015 7 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 242 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 243 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 244 EXHIBIT A DESCRIPTION OF INITIAL IMPROVEMENTS 1. Eastlake Parkway widening and improvements (including landscaping) 2. Birch Road widening, improvements and water quality devices (including landscaping) 3. Interior Street improvements (including water quality basins, sewer and storm drain improvements and landscaping whether constructed by the Applicant or merchant builder): (a) Orion Street from Birch to Stylus, and from Strata to southerly terminus (b) Stylus Street from Orion to Eastlake Parkway (c) Solstice Street from Stylus to Strata (d) Strata Street from Orion to Eastlake (e) Optima from Solstice to Eastlake (f) Artisan Street from Millenia Avenue to Orion (g) Millenia Avenue from Birch to Stylus 4. Traffic signals 5. Bus Rapid Transit Improvements Phase 1 Guideway 6.Stylus Park A-1 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 245 EB XHIBIT D,B,CACOR ESIGNIDONTRACT NDHANGE RDEREQUIREMENTS FOR ADDITIONAL IMPROVEMENTS 1. General These requirements shall be applied to all improvements proposed to be constructed by the Applicant and subsequently acquired by the City through Community Facilities District No. 16-I. Except as expressly provided otherwise any deviationmust in the body of this Agreement itself, from these requirements be approved in writing in advance by the City Engineer. References to the City Engineer means the City Engineer or his or her designee. The City reserves the right to make the final determination of cost of the Additional Improvements to be acquired in accordance with this Agreement. 2. Design Phase A. Only design costs directly related to the Additional Improvements to be acquired are eligible for inclusion. B. Bidding Documents. Two complete sets of bidding documents, including improvement plans, general provisions, and bid proposal forms shall have been or shall be submitted to the Engineering Division for review and approval within 15 working days of submittal. Advertising for bids shall not have taken place or shall not take place until the bidding documents are approved in writing by the City. This procedure shall have been followed or shall be followed for each contract proposed to be advertised. Unless otherwise noted, the bidding documents shall conform to the following minimum requirements: 1. Unless impractical due to the nature of the improvement, the bid proposal shall be unit priced rather than lump sum. A.C. pavement, base and sub-base shall be bid on a square foot per inch thickness basis. 2. The bidding documents required or shall require the bidder/contractor to provide the following bonds: a. Bid Bond - 10% of the amount of the bid. b. Material and Labor Bond - 50% of the contract amount. c. Performance Bond - 100% of the contract amount. B- 1 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 246 The contractor posted or shall post performance and labor and material bonds for all improvements as part of the bid. The City of Chula Vista shall be named as additional obligee with the right to call such bonds if needed. Such bonds shall remain in effect until such time as all improvements are completed and accepted by the City Engineer. The City Engineer shall be the sole judge in determining the release of such bonds. 3. The bidding documents required or shall require the successful bidder to provide evidence of comprehensive or commercial general public liability insurance in the amount of at least $1,000,000 prior to the award of the contract. 4. The contractor is required to pay prevailing wages. 5. The bidding documents clearly stated or must clearly state the time, date, and place where bids are to be submitted and opened. 6. The bidding documents shall have clearly stated or shall clearly state the amount of time to complete the work. The time allowed must be reasonable for the amount of work. Accelerated construction time allowances must be supplementally bid, and are not eligible for public finance unless previously approved by the City Engineer. 3. Bidding Phase A. The Notice inviting Sealed Bids was published or shall be published in the Chula Vista Star News and the San Diego Daily Transcript. The notice inviting bids stated or shall state where bidding documents are available. B. The bidding period following the advertisement of the Notice Inviting Sealed Bids was or shall be a minimum of 14 calendar days. C. Applicant provided or shall provide complete sets of bidding documents to all contractors, subcontractors, or suppliers requesting them. A reasonable price may be charged for bidding documents. D. Applicant kept or shall keep a log of all persons obtaining bidding documents, and their mailing address. E. Addenda were mailed or shall be mailed by first class mail to all bidding document holders and the City Engineer. If an addendum is required within five working days of the noticed bid opening date, the bid opening date shall be extended. F. Submitted bids were or shall be in sealed envelopes. B- 2 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 247 G. Bids were not or shall not be accepted after the stated time for submission. H. Bid opening was or place of business or other site mutually acceptable to the Applicant and City Engineer. E. Sealed bids were or shall be opened and read aloud immediately following the submission time. A City representative was or shall be invited to attend the bid opening. J. Conditioned bids, unless the bid proposal lists them for all to bid on, were or shall not be accepted. K. The bid proposals conformed or shall conform to all state and local laws governing the listing of subcontractors and suppliers. L. The arithmetic of the two lowest bid proposals received were or shall immediately be checked for errors. M. A tabulation of all bids received were or shall be provided to the City Engineer within five working days of the bid opening. N. Award was or shall be made to the lowest responsible bidder within a reasonable period of time following approval by the City Engineer. O. A preconstruction meeting was or shall be held with the contractor prior to beginning the work. A City representative was or shall be invited to attend the meeting. P. The Notice to Proceed was or shall be issued within a reasonable period of time following the contract execution. 4. Construction Phase A. The City was or shall be provided a copy of the construction schedule. B. Applicant did or shall require the contractor to conduct weekly construction status meetings to which a City representative shall be invited. C. Any additional costs incurred for the benefit of the Applicant, such as accelerating the construction schedule, shall not be eligible for public financing unless previously approved by the City Engineer. B- 3 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 248 D. Any additional construction costs incurred due solely to delays caused by the Applicant shall not be eligible for public financing. E. All contracts and construction related records shall be available to the City as and when required for the final determination of eligible costs for the public financing. This shall include trip tickets and other confirmations of material delivered to the Improvement. 5. Change Orders A.No single change order for a Transportation Development Impact Fee Improvement that may be constructed as an Additional Improvement shall be eligible for inclusion in the Purchase Price for such Additional Improvement that increases or decreases the original contract amount for the construction of such Additional Improvement by more than $50,000 without City Council approval. B.All change orders shall be fully documented and be in a format consistent and be in a format consistent with the original bid items (i.e., show units, unit costs, extensions and total costs). The City Engineer, in his/her sole discretion shall determine the eligibility of each change order for inclusion in the Purchase Price for an Additional Improvement. C.The aggregate of all change orders for TDIF Improvements constructed as Additional Improvements, including those for differences between estimated and actual quantities shall not increase the contract amount by more than the amount specified below without City Council approval: Original Contract RangeMaximum Aggregate Increase Up to $100,00010% $100,001to $1,000,000$10,000 plus 7% of amount over $100,000 More than $1,000,000$73,000 plus 5% of amount over $1,000,000 The aggregate of all change orders for any non-TDIF Improvement constructed as an Additional Improvement shall not increase the Purchase Price thereof so as to cause such Purchase Price to exceed the cost estimate for such Additional Improvement as set forth in Exhibit A by more than 25% without City Council approval. B- 4 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 249 D.All change orders involving changes in scope of the project, or increases of contract amounts greater than outlined in C. above shall be submitted to the City Council for approval after the construction of the Additional Improvement is completed, but before the payment of any portion of the Purchase Price for such Additional Improvement is authorized by the City Engineer. Change orders that the Applicant does not wish to include in the Purchase Price for an Improvement do not need to go to City Council for approval. E.Negotiated set price change orders are acceptable where most of the items of work in the change order have unit prices from the bids. Where change orders are for work that does not have unit prices for a substantial portion of the work contained within the bids, time and materials change orders are preferred. B- 5 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 250 City of Chula Vista Staff Report File#:15-0626, Item#: 9. INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2015 RECOMMENDED ACTION Council accept the report. SUMMARY TransmittedherewithistheCity’sinvestmentreportforthequarterendedSeptember30,2015.To meetthereportingrequirementssetforthintheCaliforniaGovernmentCodeSections53600etseq. andtheCityofChulaVistaInvestmentPolicyandGuidelines,aseparatereportwasdistributedtothe City Council in July. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”in accordancewithSection15378(b)(5)oftheStateCEQAGuidelinesbecauseitinvolvesonly acceptanceoftheQuarterlyInvestmentReport;thereforeitisanorganizationaloradministrative activityofgovernmentthatwillnotresultinadirectorindirectphysicalchangeintheenvironmental; therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelinestheactivityisnotsubjectto CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION ThetotalcashandinvestmentportfolioheldbytheCityasofSeptember30,2015was$225,792,694 and total cash and investments held by trustees was $75,036,187. ThecashandinvestmentsheldbytheCityarecomposedofthefollowingcomponents:Cash/Time Deposits($16,455,924),ManagedInvestmentPortfolio($153,889,095),StateofCALocalAgency InvestmentFund($11,626,808),andCountyofSanDiegoPooledInvestmentFund($39,542,343). CashandinvestmentsheldbytheCityandthetrusteescontinuetobeinvestedinaccordancewith theGovernmentCodeandtheCouncilInvestmentPolicyasadoptedbyResolution2015-041on March 3, 2015. InJune2015,staffreviewedtheCity’scashflowforecastsandmadethedeterminationthatexcess cashwasbeingheldintheCity’sCash/TimeDepositsandLAIFaccounts.Inordertomaximize investmentincome,theCitytransferred$40,000,000fromCash/TimeDepositsandLAIFintoour ManagedInvestmentPortfolio.Thisshouldresultinanadditional$600,000ofinterestincomewhich will be spread to the various funds held within the investment pool. City of Chula VistaPage 1 of 3Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 251 File#:15-0626, Item#: 9. Duringthequarter,threeinvestmentstotaling$11,000,000wereredeemedbytheissuerspriorto theirmaturitydates.Fourteenpurchasesweremadetoreplacethoseinvestments.Purchased investmentsincludeacertificateofdepositissuedbyRabobank($2.4million),sixcorporatenotes issuedby:Chevron($1.5million);IBM($1.5million);JPMorganChase($1.5million);AppleInc. ($1.5million);AmericanExpress($1.5million);CiscoSystems($1.5million);andUSTreasuryNotes ($9.615million).PublicFinancialManagement(PFM),theCity'sinvestmentadvisor,continuesto monitortheportfolioandwillmakerecommendationsasfinancialandeconomicconditionswarrant. There is no further activity to report on other than routine investments by the City's fiscal agents. The Federal Open Market Committee (FOMC) continues to maintain the key Fed Funds rate at a target range of 0.00% to 0.25%in hopes of stimulating the economy. Two-year Treasuries yielding 0.65% at the beginning of the quarter ended lower at the end of the quarter at 0.63%. As of September 30, 2015, the Yield to Maturity at Cost on the Managed Investment Portfolio was 1.15%, which is an increase of 0.10% from the previous quarter. At the end of this quarter, the weighted average maturity of the Managed Investment Portfolio was 2.56 years which is a small increase from 2.51 of the previous quarter and is within the Council Policy. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationssection18704.2 (a)(1),isnotapplicabletothisdecision.Staffisnotindependentlyaware,andhasnotbeeninformed byanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmaker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theinvestment portfoliosupportstheOperationalExcellencegoalasitseekstomaintainthesafetyandliquidityof the City’s cash while contributing investment earnings to the bottom line. CURRENT YEAR FISCAL IMPACT ConsideringtheprojectedtimingofcashreceiptsanddisbursementsandthestructureofthePooled InvestmentPortfolio,theCityshouldbeabletocomfortablymeetoverallcashflowneedsoverthe nextsixmonths.TheadditionalfundsbeingtransferredintotheManagedInvestmentPoolwillresult in approximately $600,000 in additional interest allocated across all funds in Fiscal Year 2015-2016. ONGOING FISCAL IMPACT Theexactimpactoftheadditionalfundsinvestedisunknowninfuturefiscalyearsasaresultof changesineconomicconditions.TheFinanceDepartmentwillcontinuetomonitorthecashflow needs of the City and actively invest surplus proceeds whenever possible. City of Chula VistaPage 2 of 3Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 252 File#:15-0626, Item#: 9. ATTACHMENTS Summary of Cash and Investments as of September 30, 2015 PFM Investment Report for the Quarter Ended September 30, 2015 Staff Contact: David Bilby, Director of Finance/Treasurer, Finance Department City of Chula VistaPage 3 of 3Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 253 254 0 ¦¤ Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ City of Chula VistaQuarter Ended September 30, 2015 Summary of Portfolio Characteristics and Key Statistics SecurityMarket Sector % ofPolicy 12 Distribution PortfolioLimits TypeValue San Diego U.S. Treasuries$55,887,79927%100% County LAIF Federal Agencies$68,010,42433%100% Pool 6% 19% Corporate Municipal Obligations$00%100% Notes Commercial Paper$00%25% 14% Negotiable CDs$2,395,6321%30%U.S. Treasuries Corporate Notes$27,879,83014%30% 27% Negotiable CDs Money Market Fund$00%20% 1% San Diego County Pool$39,542,34319%100% Federal LAIF$11,626,8086%$50 Million Agencies Totals$205,342,835100% 33% Credit Quality (S&P Ratings)Maturity Distribution Not Rated 50% (LAIF) Percentage of Total Portfolio AAAf/S1 6% (San Diego 40% County) 19% 30% 30% 24% A-1+/A-1 20% (Short- 16% 15% 13% term) 1% A 10% 7%AA 2% 67% 0% Under 66 - 121 - 22 - 33 - 44 - 5 MonthsMonthsYearsYearsYearsYears 4 3 Key Statistics Total Return Par ValueUnannualized $204,735,151 Amortized CostChula Vista Past Quarter $204,951,4830.68% Weighted Average Maturity (years) 2.56BAML 1-5 Yr TSY Index0.70% Effective Duration (years)Annualized 2.30 Yield to Maturity at CostChula Vista Past Quarter 1.15%2.73% Yield to Maturity at Market 1.06% BAML 1-5 Yr TSY Index2.82% Notes: 1. End of quarter trade-date market values of portfolio holdings. Percentages may not add to 100% due to rounding. 2. Balances held in LAIF and the San Diego County Investment Pool are not managed by PFM Asset Management LLC. 3. Yields, weighted average maturity, and effective duration exclude balances not managed by PFM Asset Management LLC. 4. Performance is measured on a total return basis, which takes into account interest income, realized gains and losses, and unrealized gains and losses due to changes in market value. Returns excludes balances not managed by PFM Asset Management LLC. Returns for periods less than 1 year are unannualized. Returns on trade date basis, gross (i.e., before fees), in accordance with the CFA Institute’s Global Investment Performance Standards (GIPS). Bank of America Merrill Lynch (BAML) Indices provided by Bloomberg Financial Markets. Annualized return for quarter assumes the portfolio generates the same unannualized return for four quarters. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 255 near-term federal funds target rate increase. When those hopes were dashed, 256 by a few basis points, while money market instruments like commercial paper government securities; as heightened volatility negatively impacted securities high-yield issues performed poorly. A-rated issuers modestly underperformed 0 ¦¤ Global sovereign debt yields followed those in the U.S., with lower long-term • U.S. Treasury benchmark indices generated strong returns as yields ended yields retreated. Short-term Treasury yields ended the quarter mostly lower the opposite direction, rising to peaks in mid-September in anticipation of a Yields on shorter-term instruments (two years and under) initially moved in Mortgage-backed securities (MBS) underperformed comparable duration it is to their advantage — a scenario that has persisted for much of 2015. Corporate yield spreads widened throughout the quarter, in some cases the quarter lower, providing price appreciation in addition to yield-based income. While this was true for maturities across the yield curve, longer Federal Agency securities modestly outperformed comparable maturity government securities, while higher-rated issuers performed better. Treasuries as yield spreads tightened modestly. rates and fractionally lower short-term yields. Sector Performance the quarter. rates. ••••• month, which was down from 231,000 per month in the prior quarter — but the funds target rate at either of its two meetings during the quarter, most recently the 10-year U.S. Treasury fell 31 basis points (0.31%), ending the quarter just emerging markets also negatively impacted commodity, oil, and export-driven The U.S. economy continued its forward progress, but more recent economic unemployment rate fell further to 5.1%, its lowest rate since April 2008. Wage Job growth slowed in the second quarter — averaging 167,000 new jobs per The Federal Open Market Committee (FOMC) chose not to raise the federal , supported Second-quarter gross domestic product (GDP) grew at a 3.9% annualized Weakness in emerging-markets economies, most notably China, changed markets economies, especially China, Russia and Brazil. A slowdown in was bolstered by strong consumer spending and a pickup in business only to be superseded by growth concerns emanating from emerging- data suggested it is slowing from the strong second-quarter pace. Long-term Treasury yields trended lower throughout the quarter economies, such as Australia, Canada, and the oil states. pressure on equity markets worldwide. Third Quarter 2015 investment and inventories. growth remained subdued. hike before year-end. © 2015 PFM Asset Management LLC Economic Snapshot Packet !¦¤£ Interest Rates above 2.0%. Summary ΑΏΐΔȃΐΑȃΐΔ •••••• 257 0 ¦¤ Economic Snapshot Source: Bloomberg © 2015 PFM Asset Management LLC Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 258 0 ¦¤ Industrial Corporates, A Rated September 30, 2014 30-yr 30-yr 25-yr Yield Curves as of 9/30/15 U.S. Treasury Yield Curve June 30, 2015 Maturity Maturity Federal Agency 10-yr 10-yr September 30, 2015 7-yr 7-yr U.S. Treasury 5-yr 5-yr 3-yr 3-yr 2-yr 2-yr 1-yr 1-yr 3-mo 3-mo 5%4%3%2%1%0%-1% 4%3%2%1%0%-1% Interest Rate Overview Yield Yield 9/30/15 10-Year 8/31/15 U.S. Treasury Note Yields U.S. Treasury Yields 5-Year 7/31/15 2-Year © 2015 PFM Asset Management LLC Packet !¦¤£ Source: Bloomberg 6/30/15 ΑΏΐΔȃΐΑȃΐΔ 3.0%2.5%2.0%1.5%1.0%0.5%0.0% Yield 259 0 ¦¤ BofA Merrill Lynch Index Returns Source: BofA Merrill Lynch Indices © 2015 PFM Asset Management LLC Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ change. Information is obtained from sources generally believed to be reliable and available to the public; however, PFMAM cannot guarantee its accuracy, completeness, The views expressed within this material constitute the perspective and judgment of PFM Asset Management LLC (PFMAM) at the time of distribution and are subject to Advisers Act of 1940. 260 0 ¦¤ report is not an offer to purchase or sell any securities. PFMAM is registered with the Securities and Exchange Commission under the Investment Asset Management LLC. 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4$54 TM 81#; ;2-*/&3>.= *.>9 A1.G21 =.,&4 G&>^4/+>& /2,/2\[2- =.,&4G&>^4/+>& /2,/2\[2- =.,&4 Packet 9 +a&> +=* A1.G21 =.,&4 2991& +=* A1.G21 =.,&4 !¦¤£ 72# 2#, $X2 ΑΏΐΔȃΐΑȃΐΔ +G$ *.>9 =.,& L*2112G1&O =.,&4 !" #$%&'$(&)* $(E'BEG'B(GCE&$$('%G*'F%(C&&$$*D%'GD(C&G$$)*%'EB('%%(C*)$$)*D')E%'FBDCD($A*D%'GD(C&G$A)*%'EB('%%(C*)$A)*D')E%'FBDCD($A*D%'GD(C&G$A)*D'E)E'F(FC*)$ +,#H QQ6MVS6N88 6M7STMRP6NR8 QQTMR7TN88 6M7QVMUP8NR8 6M7Q8MRURN88 6M7QQMPUUNR8 PMUQRMVUPN88 I,63 265 0 ¦¤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L*2112G1&O_9$.>A2= */24& ` *. L*2112G1&O 2$&>+*2= &\]9 *>&E+, *.>9 =, *+,- . */012 3+4,2 13#; 4$54 TM 81#; ;2- +,-,. /$01123- $ 3"@52 ,6 Packet 7 # ;L;1, $2L$M 28; 13#; 4$54 $ 3"@52 ,6 13#; 4$54 $ 3"@52 ,6 !¦¤£ 13#; ; 8$ 3"@52 ,6 72# 2#, $X2 52 ,6$P-Z 8 ! - 8 \[&114 2>A. ` *.\[&114 2>A. ` *. 011#3 /$P- # 8 ΑΏΐΔȃΐΑȃΐΔ L*2112G1&O !"#$!%&#' (,180- 2) , 266 0 ¦¤ <,) :X,-!\]U^<,) :X,-!\]U^ .3041!6071 !"# $ %!" &%'(%) 6071 =##B$"##DB#>=C&$&C'$'%'DE"> UROTPMORSSLMRVUROTM6O8MQLSQVUROTTQOMQNL66VUROQM7OS86LNQVUPO866OPS8L88VUPO867O67NL77VU6OM7NOPTPLRMVU7P7ORQRLPTV 7LNN 6MO6PTL88 6TO888L88 NO888L88 6QORSTL88 6TO7T8L88 6TON7TLRM 501) ()*)+,-!.//0 *1!2,/ 4:1 !54)*7)/1:0*7!S!Q*1,4,71 UPMOP6MLMPVU68O7T8LRPVU6POT78LNRVUT8OMQQL8PVUROQT8L88VU68O8QNL77VUPON6QLMMVU6O68TL88V 7LNN 6MO6PTL88 6TO888L88 NO888L88 6QORSTL88 6TO7T8L88 6TON7TLRM Q*1,4,71 .//4 ,- ="B$B%A$%#"DF%> UROT88OQQ7L8QVUROTP8OTRTLN7VUROT7MORPRL6MVUROTR7OMMTLN7VUPO88POQP8L88VUPO887O8R8L88VU6OM7QOMMQLT8VU7PMOSQMLPTV 8L88 8L88 8L88 8L88 8L88 8L88 8L88 K4:*/:J) K40/,,-7 !"B$EE#$&&&D&&! ROT88O888L88 ROT88O888L88 ROT88O888L88 ROT88O888L88 PO888O888L88 PO888O888L88 6OM7QO888L88 7PTO888L88 8L88 MO888O888L88 MO888O888L88 PO888O888L88 6OT88O888L88 MO888O888L88 6OT88O888L88 K)4 $.=&-888P 8R7QQ7G\[88R7QQ7G\[8 N6PRPR\[18 S6S8R6EEPS6S8R6EEP 7QQPT/^2S N6PRPR3b8M6MTA8,3T M6M7AMP36M6M7AMMG7 N7NS7GA 6 S6M77R*GP N6PRPR2M7 N6PRPR QP 6P2QK E,E 68BM6BP867 6LT88Y 68BM6BP86NE,E 6PB8PBP86M 6LPT8Y 66BM8BP86RE,E 8QB8PBP867 6LT88Y 8TBM6BP86NE,E 8SBM6BP86M 6LMSTY 8SBM6BP86RE,E 8QB8MBP86M 8LN88Y 86B6TBP86SE,E 8RB6MBP86P 6LPT8Y 8RB6MBP86SE,E 8TB6TBP86M 6LM88Y 8TB6TBP86RE,E 8TB6TBP86M 6LM88Y 8TB6TBP86RE,E 86B8MBP86M 8LRSTY 86B8MBP86RE,E 86B66BP86M 6L888Y 86B66BP86RE,E 8QB8MBP86M 8LN88Y 86B6TBP86SE,E 86BPMBP86T PLPT8Y 86BPMBP8P8E,E 86BM8BP86M 6L8M8Y 86BM8BP86RE,E 8PB8PBP86T PL6T8Y 86BM8BP8P8 _9$.>A2= */24& ` *. U*2112G1&V >&EE+& $2* U*2112G1&V A1.G21 >&EE+& $2* U*2112G1&V G.=E4 9&94+*.O +=* *.>9.>2,& =.,& 2==+& $2& U*2112G1&V =.,&4 G&>^4/+>& /2,/2\[2- =.,&4G&>^4/+>& /2,/2\[2- =.,&4 9 +a&> +=* A1.G21 =.,&49 +a&> +=* A1.G21 =.,&4 2,/ 4:1 !M,7/4:J1:0* $.=&- $2>^&, 0=E 04 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&4 \[&114 2>A. ` *. *+,- . */012 3+4,2 =.,&4 54)*7)/1:0*!5 J,!2 N?501) Packet !¦¤£ 8SB8QB6T8SB8QB6T8SB8QB6T8SB8QB6T8SB8RB6T8SB8RB6T8SB6TB6T8SBPSB6T8SB86B6T8SB8MB6T8SB66B6T8SB6TB6T8SBPMB6T8SBM8B6T8SBM8B6T 54)*7)/1:0*!5 J, 2,11 , ΑΏΐΔȃΐΑȃΐΔ QY5;<;25 8SB8PB6T8SB8PB6T8SB8PB6T8SB8PB6T8SB8PB6T8SB8PB6T8SB68B6T8SBPMB6T8SB86B6T8SB8MB6T8SB66B6T8SB6TB6T8SBPMB6T8SBM8B6T8SBM8B6T 54)-,9PW !"#$!%&#' (,180- 2) , 267 0 ¦¤ <,) :X,-!\]U^<,) :X,-!\]U^ .3041!6071 !"# $ %!" &%'(%) 6071 !#'&$&FFD"%! ="B$B%A$%#"DF%>!"&$EEADC#!="B$FB'$C"EDC#>=@"B$FB'$C"EDC#> QOPT8L88 TRO7MSLT8 501) ()*)+,-!.//0 *1!2,/ 4:1 !54)*7)/1:0*7!S!Q*1,4,71 !#'&$&FFD"%!@"&$EEADC#! QOPT8L88 TRO7MSLT8 Q*1,4,71 .//4 ,- !&D&&! =@"B$B%A$%#"DF%> 8L88 8L88 K4:*/:J) K40/,,-7 !%"$'&&$&&&D&&! 6O888O888L88 ROT88O888L88 K)4 N6PRPR3b8 N6PRPR4EM 6P2QK E,E 86BM6BP86P 6LPT8Y 86BM6BP86NE,E 8SBM6BP86M 6LMSTY 8SBM6BP86R 2,/ 4:1 !M,7/4:J1:0* 04 ,>&240>- =.,&404 ,>&240>- =.,&4 *+,- . */012 3+4,2 ()*)+,-!.//0 *1!2 N?501) 54)*7)/1:0*!5 J,!2 N?501) Packet 501) !2,/ 4:1 !54)*7)/1:0*7 !¦¤£ 8SBM6B6T8SBM6B6T 54)*7)/1:0*!5 J, 2,11 , ΑΏΐΔȃΐΑȃΐΔ QY5;<;25 8SBM6B6T8SBM6B6T 54)-, !"#$%"&'$( ),!7/- 0*5, 268 0 ¦¤ "'C''""'C''"?'C''" ;,*59W,-"\\T\];,*59W,-"\\T\] 1/2!"6/ ! 8O88 8O88 !"# $ %!" &%'(%) "'C''""'C''"?'C''" 8O88 8O88 6/ ! "D(%EEECDE""##%#(ECAA"?##%#(ECAA" "@%'''%'''C''" <##%&E$C@(=<@%'#&%'ABC@D= LUNRR7NRM7OMQPLUN8UMN66TO88P T6OSQ 6TN8RMOMS 67NQVTO88 6VNT88O88 TNRV8O88 6MNVT8O88 7N888N888O88 UN888N888O88 4/!*5 )*+* ,-" ../ +!"0,. 29!3"42*+ *.!9/+ "R"P+!,2, ! "$%$($CBB""#&%&'&CAB" "D(%EEECDE""'C''"?#&%&'&CAB" L6MNRQQOMTPL6TNVMTO88P T6OSQ 6TN8RMOMS 67NQVTO88 6VNT88O88 TNRV8O88 6MNVT8O88 8O88 8O88 P+!,2, ! ..2 ,- "'C''"?$%$($CBB" "@%'''%'''C''" <D%BBA%AEAC'$= LUNRMMN88SO86PLUN8V6NS78O88P 8O88 8O88 8O88 8O88 8O88 8O88 7N888N888O88 UN888N888O88 J29+.9I*5 J2/.,,- "D%AB(%'''C''""$#%(''%'''C''""@%'''%'''C''" UNSRTN888O88 UN888N888O88 8O88 7N888N888O88 6NT88N888O88 VN888N888O88 UN888N888O88 UN888N888O88 7N888N888O88 UN888N888O88 J*2 $.=&-888V U6UTA80=6 R66TR//&U 7TRV88/,6 U6UU&*>U8U6UU&*>U8 M6U77S*GV R6VSVS>9M U6UU&* TSU6UU&* TS 6O0PJ *G G.=E L*211&EN .$E 6VB6UBV86MP *G G.=E L*211&EN .$E 6VB6UBV86MP *G G.=E4 L*211&EN .$E QBTBV86MP *G G.=E4 L*211&EN .$E QBTBV86MP E,E 68BU6BV866 6OMT8Y 68BU6BV86SE,E 66B8MBV86U 6ORT8Y 66B6TBV86SE,E 8VB6UBV86U 8OMR8Y 8SB8TBV86TE,E 8VB6VBV867 6ORT8Y 8VB6VBV86RE,E 8SB6UBV86V 6OVT8Y 8SB6UBV86ME,E 8QB8TBV86U 8ORQ8Y 8SB6RBV86TE,E 8VBVSBV86U 6O6T8Y 8VBVSBV86SE,E 8VB6UBV86U 8OMR8Y 8SB8TBV86TE,E 8QB8TBV86U 8ORQ8Y 8SB6RBV86T 04 G2=*.>9 =.,&4 L*2112G1&P 9&94+*.N +=* *.>9.>2,& =.,& 0,. 29!3"L, .29I!9/+ =$2 L*2112G1&P =.,&4 $.=&- $2>^&, 0=E 04 ,>&240>- =.,&4 +G$ *.>9 =.,& *+,- . */012 3+4,2 )*+* ,-" ../ +!"0 M>4/!*5 42*+ *.!9/+"43I,"0 M>4/!*542*+ *.!9/+"43I,"0 M>4/!*542*+ *.!9/+"43I,"0 M>4/!*5 Packet 4/!*5"0,. 29!3"42*+ *.!9/+ !¦¤£ 8SB8TB6T8SB6RB6T8SB87B6T8SB8TB6T8SB6VB6T8SB6UB6T8SB6RB6T8SBVSB6T8SB8TB6T8SB6RB6T 42*+ *.!9/+"43I, 0,!!5, ΑΏΐΔȃΐΑȃΐΔ ) 4O;P4V PX4:;:04 8SB87B6T8SB6MB6T8SB87B6T8SB8TB6T8SB6VB6T8SB6UB6T8SB6RB6T8SBVSB6T8SB8TB6T8SB6RB6T 42*-,8OV !" #$%&'$(&)* + 92/ ,6 269 0 ¦¤ = ,6;W /$\\T\]= ,6;W /$\\T\] 0!2# $728 !"# $ %!" &%'(%) 728 $G*'&)(CB($ >)('EE&CB%?>D'&)*'&F&CB%? L6M886M87RNSUOLQQVMSRRN88OL6M88VM8T8N88OL6M866M8Q8N88O 6RMQUTNR8 8NUP 6VM6PRN88 68M888N88 6PM7R8N88 6RMPR8N88 68MUPRN88 67MQPRN88 52 ,6 +,-,. /$01123- $ 13#; 4$5#,-8,1 ;2-8$R$P- # 8 $G*'&)(CB($ LUM87RNSUOLUMVPRN88OLPMPR8N88OLUMSR8N88O 6RMQUTNR8 8NUP 6VM6PRN88 68M888N88 6PM7R8N88 6RMPR8N88 68MUPRN88 67MQPRN88 P- # 8 011#3 / $&C&&$ >D'&&('(G&C&&? 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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MILLS ACT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE PROPERTY OWNERS OF 88 K STREET, HISTORIC SITE #102, AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY On May 29, 2001 City Council adopted a policy that allows the City of Chula Vista to enter into Mills Act contracts (Agreements) with owners of designated historic sites (Attachment 1). The Mills Act, which was incorporated into the City’s Historic Preservation Program in 2011, is an important economic incentive program for property owners of qualified historic properties. Enacted in 1972, the Mills Act legislation grants participating local governments (cities and counties) the authority to enter into legally binding Agreements with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties with the benefit of potential property tax relief. Staff has received one Mills Act Agreement application this year for 88 K Street; Historic Site #102, The Blanche Grainger House (Attachment 2). ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedprojectforcompliancewiththe California Environmental Quality Act (CEQA). Environmental Determination TheDevelopmentServicesDirectorhasdeterminedthattheprojectqualifiesforaClass31 CategoricalExemptionpursuanttoSection15331(HistoricalResourceRestoration/Rehabilitation)of theStateCEQAGuidelinesbecausetheactionadoptsanagreementwhichpreservesahistorical resource. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION AttheDecember2,2015HistoricPreservationCommission(HPC)meeting,theHPCvotedto recommend that City Council approve the resolution. DISCUSSION Background StateGovernmentCodesection50280 etseq.vestsapprovalofMillsActAgreementsinthe legislativebodyofacity,whichinthecaseofChulaVistaistheCityCouncil.PriortoCityCouncil considerationofaMillsActAgreement,theHistoricPreservationCommissionreviewseach AgreementandmakesarecommendationtotheCouncilontheadoptionoftheAgreement.Once City of Chula VistaPage 1 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 271 File#:15-0563, Item#: 10. approvedbytheCityCouncil,theMayorexecutestheAgreement,andthenitisforwardedontothe County Recorder’s office for recordation. TheCityofChulaVistaadoptedtheMillsActProgrambecauseitrecognizedboththesocialand economicbenefitsofconservinghistoricalresources,andthattheconservationofimportanthistorical resourcesandreinvestmentinolderneighborhoodscontributestoculturaltourism,civicpride,anda senseofplaceandcontinuitywiththecommunity’spast.TheMillsAct,whichwasincorporatedinto theCity’srecentlyadoptedHistoricPreservationProgramin2011,isoneofthemostimportant historic preservation incentive programs available to owners of historical resources. Mills Act Agreements are ten (10) year contracts that renew by one (1) year annually. This means that, unless cancelled by the City or the property owner, there will always be ten (10) years remaining on the life of the Agreement. The Agreement runs with the property (not the property owner) so subsequent property owners are bound to the maintenance obligations of the Agreement, and will be assessed the Mills Act valuation of the property and will not be reassessed based on the purchase price paid for the property. Dependent on how long a property owner has owned a property, and other valuation factors, a property owner may not realize a significant tax savings when they first enter into the Agreement. However, property owners often still elect to enter into an Agreement because the Mills Act encourages the restoration, rehabilitation and long-term preservation of historical resources through contractual accountability. 88 K Street 88 K Street, The Blanche Grainger house is Historic site #102 on the City of Chula Vista Register of Historical Resources. This house is a Mission Style home that was built in 1924. The property owners of 88 K Street, recently purchased the home and are committed to restoring and preserving the character defining features and elements of this historic home. Staff has prepared an Agreement for the owners of 88 K Street, who have voluntarily applied to participate in the City’s Mills Act Program (Attachment 3). Staff,togetherwiththehomeowners,hasdeterminedalistofpotentialrestorationandrehabilitation taskstobecompletedtothepropertywhichareincludedintheAgreement.Thesetasksare expectedtobecompletedoverthenextten(10)yearsandinclude:repairandmaintenanceofthe exteriorstuccoandornamentation,structuralreinforcement,repairoforiginalcasementwindows, electricalupgrades,andreplacementoffencing(Attachment4).Atsuchtimethatthealltaskshave beencompletedorattheendoftheinitial10years,whicheveroccursfirst,staff,togetherwiththe property owner will determine additional tasks, as necessary. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty holdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction. Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof interestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthe Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany City of Chula VistaPage 2 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 272 File#:15-0563, Item#: 10. other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.TheproposedMills ActAgreement’sprovisionofincentivestoprotecthistoricalresourcesmeetsboththeConnected CommunitygoalandtheHealthyCommunitygoalashistoricpreservationpromotescivicprideand sustainabilitythroughtherecognition,protection,restoration,andrehabilitationofthelimited resources that contribute to Chula Vista’s rich heritage. CURRENT YEAR FISCAL IMPACT Therearenocurrentyearfiscalimpactsassociatedwiththeapprovalofthisitem.TheMillsAct applicationfeepaidbythepropertyownersof88KStreetcoversallcostsassociatedwithprocessing the application. ONGOING FISCAL IMPACT TheCityreceives$0.147ofeachpropertytaxdollarandalthoughthepropertytaxrevenuelossof eachMillsActpropertyisrelativelynegligible,overtime,iftheCityentersintoMillsActAgreements withsignificantnumbersofpropertyowners,therevenueimpactscouldincrementallybecome significant. TheCountyAssessordidanestimationofhowmuchofareductionthepropertyownersof88K StreetwouldreceiveasaresultofenteringintotheMillsActAgreement,anddeterminedthatthe propertytaxassessmentfor88KStreetwiththeMillsActwouldbesignificantlylowerthanthe currentpropertytaxassessment.Thecurrentpropertytaxassessmentisbasedonavalueof approximately$845,000.00,andwiththeMillsActtheassessmentwouldbeapproximately $335,000.00.Thistranslatesintoa$6,000peryearsavingsinpropertytaxesrealizedbythe propertyowner.Thiswouldresultinanetlossof$882.00inpropertytaxdollarstotheCityforthe 2016taxyearfromenteringintoaMillsActAgreementwiththeownersof88KStreet,atthistime. However,thepropertyissubjecttothe2%increaseunderProposition13,andthereforethenetloss may be further reduced over time. TheMillsActformulaisbaseduponseveralfactors,somewhichfluctuatewiththerealestatemarket (i.e.mortgageinterestrates);therefore,taxbenefittothepropertyownerandanetlosstotheCityof somepropertytaxdollarsmayfluctuateovertime.However,asstatedabovethepropertytax revenue loss as a result of an individual Mills Act Agreement is anticipated to be negligible. ATTACHMENTS 1.Council Policy Number 454-01; Mills Act Policy 2.Mills Act Application 3.Mills Act Agreement 4.Mills Act Agreement Attachment B 5.Photo of 88 K Street, Historic Site #102 City of Chula VistaPage 3 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 273 File#:15-0563, Item#: 10. Staff Contact: Lynnette Tessitore-Lopez; Project Manager City of Chula VistaPage 4 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 274 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 275 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 276 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 277 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 278 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 279 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 280 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 281 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 282 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 283 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 284 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 285 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 286 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 287 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 288 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 289 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 290 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 291 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 292 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 293 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 294 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 295 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 296 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 297 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 298 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 299 RESOLUTION NO.________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MILLS ACT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE PROPERTY OWNERS OF 88 K STREET, HISTORIC SITE #102, AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT WHEREAS, California Government Code Section 50280 et seq., referred to as the Mills Act, authorized cities to enter into agreements with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance; and WHEREAS, Council Policy Number 454-01, adopted May 29, 2001, authorizes the City Council to enter into Mills Act Agreements with property owners of qualifiedhistoric properties; and WHEREAS, Council Policy Number 454-01, was made a part of the City’s Historic Preservation Program, adopted in July 2011; and WHEREAS, the City and the Owners of 88 K Street, for their mutual benefit, now desire to enter into a Mills Act Agreement both to protect and preserve the characteristics of historical significance of this designated Historical Site (Historic Site #102) and to qualify this Historical Resource for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (as amended from time to time); and WHEREAS, State legislation defines a qualified historic property as any property that is listed on a national, state or local historic register; and WHEREAS, the subject property is listed on the Chula Vista Register of Historical Resources and therefore is deemed a “qualified historic property”; and WHEREAS, the Historic Preservation Commission attheir regular meeting held on December 2, 2015, reviewed the Agreement in its entirety and voted to recommend that the City Council approve the subject Mills Act Agreement; and WHEREAS, the Development Services Directorhas determined that this action is exempt pursuant to California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical Resources Restoration and Rehabilitation of the state CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve thesubject Mills Act Agreement between the City of Chula Vista and the owners of 88 K Street, located in the City of Chula Vista,and authorizes the Mayor to execute said Agreement. Presented byApproved as to form by ______________________________________________________________ Gary Halbert, P.E., AICP, City ManagerGlen R. Googins, City Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 300 City of Chula Vista Staff Report File#:15-0636, Item#: 11. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA MEMORANDUMOFUNDERSTANDINGBETWEENTHECITYOFCHULAVISTAANDTHECITY OFNATIONALCITYFOREXPANSIONOFTHEFREERESOURCEANDENERGYBUSINESS EVALUATION PROGRAM (FREBE) RECOMMENDED ACTION Council adopt the resolution. SUMMARY TheCityofChulaVistahasbeenimplementingitFreeBusinessEnergyEvaluationprogramsince 2009.Overthepastyear,inpartnershipwithSanDiegoGas&Electric’sSouthBayEnergyAction Collaboration,ChulaVistahasbeenassistingoursmallerneighboringcitieswiththeirenergy efficiencyandsustainabilityinitiatives.NationalCityispleasedwiththeprogramimplementationand wouldliketorenewtheMemorandumofUnderstandingforfiveyears,incorrelationtothetermof Chula Vista’s Local Government Partnership with San Diego Gas & Electric. ENVIRONMENTAL REVIEW TheProjectqualifiesforaClass8CategoricalExemptionpursuanttoSection15308(Actionsby RegulatoryAgenciesforProtectionoftheEnvironment)oftheCaliforniaEnvironmentalQualityAct State Guidelines. Thus no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION AspartoftheClimateActionPlanupdatein2009,theCityofChulaVistacreateditsFreeResource andEnergyBusinessEvaluation(FREBE)program,whichrequiresstorefrontsandofficesto participateinano-costenergyandwaterevaluationwhenanewbusinesslicenseisissued(and everyfouryearsthereafter).In2013,SanDiegoGas&ElectricexpandedtheCityofChulaVista’s LocalGovernmentPartnershiptosupportanewSouthBayEnergyActionCollaborative(SoBEAC). SoBEACwascreatedtoprovideChulaVista’ssmallerneighboringcitieswithpeer-to-peerassistance inimplementingtheirenergyefficiencyandsustainabilitypriorities.SoBEAChasreceivedstatewide recognitionasaninnovativeapproachtoenergyefficiencyprogramdeliveryandisbeingreplicated by the San Diego Association of Governments in other parts of the region. BaseduponthesuccessoftheprogramNationalCityisrequestingarenewaloftheMemorandumof Understanding(MOU)withChulaVistaandexpandingitforfive(5)yearsincorrelationwithChula Vista’sfive(5)yearLocalGovernmentPartnershipAgreementwithSanDiegoGas&Electric.The renewaltermofthisMOUwithNationalCitywillbefullysupportedthroughSDG&ELocal City of Chula VistaPage 1 of 2Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 301 File#:15-0636, Item#: 11. Government Partnership funding. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty holdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction. Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof interestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthe Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.TheFREBEprogram supportstheHealthyCommunitygoalasitseekstoreducecommunityenergyusetherebyleadingto improved air quality (from reduced power generation demand). CURRENT YEAR FISCAL IMPACT Theapprovalofthenewfive(5)yearMOUwithNationalCitytocontinuetheSoBEACprogramwill befundedthroughtheSDG&ELocalGovernmentPartnershipandtheCaliforniaPublicUtilities Commission; there would be no new impact to the General Fund. ONGOING FISCAL IMPACT Therewouldbenonew,ongoingimpacttotheGeneralFundbecausetheSDG&ELocal Government Partnership funding would continue to support the program implementation. ATTACHMENTS Attachment 1 - Memorandum of Understanding with National City Staff Contact: Lynn France, Environmental Services Manager City of Chula VistaPage 2 of 2Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 302 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY FOR EXPANSION OF THE FREE RESOURCE AND ENERGY BUSINESS EVALUATIONPROGRAM (FREBE) WHEREAS, In 2009, Chula Vista began administering its Free Resource and Energy Business Evaluation (FREBE) program, which helps local businesses identify opportunities to save energy and water; and WHEREAS, with funding from San Diego Gas & Electric, Chula Vista created the South Bay Energy Action Collaborative (SoBEAC) in 2013, to assist smaller neighboring cities with their energy efficiency and sustainability initiatives; and WHEREAS, on June 2, 2015, National City and Chula Vista entered into a Memorandum of Understanding for the administration of the FREBE program in National City by Chula Vista through December 31, 2015; and WHEREAS, On June 16, 2015 National City adopted an ordinance amending Chapter 6.04 of the National City Municipal Code to require businesses in National City to accept a no- cost resource and energy evaluation through the FREBE program; and WHEREAS, National City does not have sufficient staff to administer the FREBE program and Chula Vista has agreed to administer the FREBE program for National City, through calendar year 2020, under the SOBEAC component of its Local Government Partnership with San Diego Gas & Electric; and WHEREAS the FREBE program in National City would be fully supported through San Diego Gas & Electric Local Government Partnership funding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Memorandum of Understanding between the City of Chula Vista and the City of National City for expansion of the Free Resource and Energy Business Evaluation Program (FREBE), inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the City Clerk, and authorizesand directsthe Mayor to execute same. C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@B80553AC\\@BCL@B80553AC.doc ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 303 Presented byApproved as to form by Eric CrockettGlen R. Googins Economic Development DirectorCity Attorney C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@B80553AC\\@BCL@B80553AC.doc ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 304 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 305 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 306 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 307 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 308 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 309 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 310 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 311 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 312 City of Chula Vista Staff Report File#:15-0651, Item#: 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $460,000 TO THE NON- DEPARTMENTAL SUPPLIES AND SERVICES BUDGET FOR UNANTICIPATED ATTORNEY SERVICES EXPENSES (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY StaffisrecommendingappropriatingfundstotheNonDepartmentalbudgetforunanticipated attorney services expenses in the matter of City of Chula Vista v. Bay & E (Eye Candy). ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION In fiscal year 2014-2015, an appropriation of $300,000 was approved by the City Council for expenses including attorney services for City initiated prosecution of illegal land use and zoning violations (aka City of Chula Vista v. Bay & E). The City was successful in its litigation outcome with the ruling requiring that the closure of the Bay & E facility. As part of the process, the City attempted to recover fees. It is typically difficult for government entities to recover any fees however the City was successfully awarded $51,000. The net funds due the City are approximately $25,000. Due to the extended litigation, the appropriated funds were insufficient to cover all the required costs therefore, this appropriation is being requested. 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 the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). 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 City of Chula VistaPage 1 of 2Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 313 File#:15-0651, Item#: 12. TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theworkperformed inthismattersupportstheStrongandSecureNeighborhoodsgoalasitseekstopromoteappropriate land uses. CURRENT YEAR FISCAL IMPACT The current fiscal year impact will result in the appropriation of $460,000 to the Supplies and Services expense category of the Non-Departmental budget. This appropriation will be offset by current fiscal year unanticipated General Fund discretionary revenues resulting in no net impact to the General Fund. ONGOING FISCAL IMPACT Therearenoongoingfiscalimpactsasaresultofthisactionasthisisaone-timeappropriationto offset one-time unanticipated attorney services expenses. ATTACHMENTS Resolution Staff Contact:Diem Do, Law Office Manager City of Chula VistaPage 2 of 2Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 314 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $460,000 TO THE NON DEPARTMENTAL SUPPLIES AND SERVICES BUDGET FOR UNANTICIPATED ATTORNEY SERVICES EXPENSES WHEREAS, the City of Chula Vista desired to initiate prosecution of illegal land use and zoning violations; and WHEREAS, in fiscal year 2014-2015, an appropriation of $300,000 was approved by the City Council for expenses, including attorney services, for the City-initiated prosecution; and WHEREAS, the City engaged the services of several outside attorneysto assist in the litigation efforts and completed that process in fall 2015; and WHEREAS, due to the extended litigation, the appropriated funds were insufficient to cover all the required costs; and WHEREAS, the activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines and therefore pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the fiscal year 2015/16 budget and approves the appropriation of $460,000 to the Supplies and Services expense category of the Non-Departmental budget to be offset by unanticipated discretionary revenues. Presented byApproved as to form by Glen R. GooginsGlen R. Googins City AttorneyCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 315 .� Emma CITY OF CHULAVISTA File #: 15 -0668, Item #: 12.5 City of Chula Vista Staff Report A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT FOR THE "ROOF REPLACEMENT AT CHULA VISTA PARKWAY GYMNASIUM AND POOL" (PR317) PROJECT TO ROOF CONSTRUCTION IN THE AMOUNT OF $162,649 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $24,400 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $23,400 OF HOUSING RELATED PARK GRANT FUNDS TO PR317 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolutions. SUMMARY On October 21, 2015 the Director of Public Works received Three (3) sealed bids for the "Roof Replacement at Chula Vista Parkway Gymnasium and Pool" (PR317) project. The project is included in the Capital Improvement Program (CIP) budget. The source of funds is a State of California Housing Related Parks (HRP) Program grant awarded on September 10, 2012 and one -time funding from the TUT Common Fund. The proposed resolution, if approved would award the contract Roof Construction in the amount of $162,649. The project is included in the Capital Improvement Program (CIP) budget. The source of funds is a State of California Housing Related Parks (HRP) Program grant awarded on September 10, 2012 in the amount of $488,400 and one -time funding from the TUT Common Fund. The second resolution, would appropriate $23,400 of HRP funds to PR317 to equal the awarded HRP grant amount. ENVIRONMENTAL REVIEW The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. BOARD /COMMISSION RECOMMENDATION Not Applicable DISCUSSION On March 27, 2012, the City Council adopted Resolution No. 2012 -050 authorizing the City Manager to apply for State of California Housing Related Parks (HRP) Program grant and to enter into a grant agreement if the application is approved. In September 2012, the City applied for a grant award of City of Chula Vista Page 1 of 4 Printed on 12/11/2015 powered by LegistarTM File #: 15 -0668, Item #: 12.5 $517,000 and was awarded a grant in the amount of $488,400 for various rehabilitation projects at Eucalyptus, Lauderbach, Memorial and Parkway Parks, Norman Center and the Women's Club. One of the identified priorities is roofing repairs at Parkway. The Parkway Gymnasium complex was built in 1954 (gymnasium) through 1970 (pool) and is approximately 25,000 square feet. Roof leaks at the Parkway gymnasium complex have persisted for years with continual attempts to patch and /or repair the problematic leaks. The latest leaks have started to damage the gymnasium floor which is requiring the Recreation Department to reschedule or cancel some of their programming due to the wet and slippery floor. The Parkway pool office roof is also riddled with leaks and is becoming a safety issue due to slip /trip problems. The Parkway gymnasium and pool roofs have exceeded their useful life and need to be replaced. On October 2, 2015, the Public Works Department advertised the "Roof Replacement at Parkway Gymnasium and Pool" project. A mandatory pre -bid meeting was held on October 14, 2015 at Parkway Gymnasium and Aquatic Center, at 385 Park Way, Chula Vista, CA to review the contract requirements and to receive questions regarding the specifications in the bid documents. On October 21, 2015 the Director of Public Works received and opened three (3) sealed bids from the following contractors: On November 3, 2015, the City Council adopted Resolution No. 2015 -252 awarding the contract for the "Roof Replacement at Chula Vista Parkway Gymnasium and Pool" (PR317) to Contract West Roofing, Inc. in the amount of $160,160. The Contractor was unable to perform the scope of work at the awarded bid price. The City received written notice from Contract West Roofing, Inc. terminating the contract. Staff reviewed the second lowest bid submitted by Roof Construction and determined that the bid package is complete with no errors or omissions. The proposed resolution, if approved would award a contract to Roof Construction in the amount of $162,649. The project specifications required that all contractors have the relevant experience in doing a similar project. Staff has contacted references provided by Roof Construction and determined that they have the relevant experience necessary to complete this project as defined in the specifications. In addition staff has verified their Contractor's License No. 647203 and determined that it is current and in good standing. Staff therefore recommends that the contract for the "Roof Replacement at Chula Vista Parkway Gymnasium and Pool" project be awarded to Roof Construction. Wage Statement The Contractor and its subcontractors are required by bid specifications to pay prevailing wage City of Chula Vista Page 2 of 4 Printed on 12/11/2015 powered by LegistarTM Contractor Bid 1 Contract West Roofing, Inc. $160,160 2 Roof Construction $162,649 3 Best Contracting Services J$288,765 On November 3, 2015, the City Council adopted Resolution No. 2015 -252 awarding the contract for the "Roof Replacement at Chula Vista Parkway Gymnasium and Pool" (PR317) to Contract West Roofing, Inc. in the amount of $160,160. The Contractor was unable to perform the scope of work at the awarded bid price. The City received written notice from Contract West Roofing, Inc. terminating the contract. Staff reviewed the second lowest bid submitted by Roof Construction and determined that the bid package is complete with no errors or omissions. The proposed resolution, if approved would award a contract to Roof Construction in the amount of $162,649. The project specifications required that all contractors have the relevant experience in doing a similar project. Staff has contacted references provided by Roof Construction and determined that they have the relevant experience necessary to complete this project as defined in the specifications. In addition staff has verified their Contractor's License No. 647203 and determined that it is current and in good standing. Staff therefore recommends that the contract for the "Roof Replacement at Chula Vista Parkway Gymnasium and Pool" project be awarded to Roof Construction. Wage Statement The Contractor and its subcontractors are required by bid specifications to pay prevailing wage City of Chula Vista Page 2 of 4 Printed on 12/11/2015 powered by LegistarTM File #: 15 -0668, Item #: 12.5 ( "Prevailing Wage Rates ") to persons employed by them for work under this Contract. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City of Chula Vista has ascertained the general prevailing wage scales applicable to the work to be done. The prevailing was scales are those determined by the Director of Industrial Relations, State of California. Disclosure Statement Attachment 1 is a copy of the Contractor's Disclosure Statement. DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property - related financial conflict of interest under California Code of Regulations Title 2, section 18705.2(x)(11), for purposes of the Political Reform Act (Cal. Gov't Code §871 00,et seq.). 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. Replacement of roofs at the Parkway Gymnasium and Pool supports the Strong and Secure Neighborhoods goal by preserving and restoring the City's infrastructure to ensure safe and well maintained City building facilities. CURRENT YEAR FISCAL IMPACT A breakdown of the project costs is as follows: FUNDS REQUIRED FOR CONSTRUCTION CONTRACT A. Base Contract Amount $162,649 B. Contract Contingencies (15% $24,400 TOTAL FUNDS $187,049 REQUIRED FOR CONSTRUCTION CONTRACT This project will be funded through a Housing Related Park Grant (budgeted in the State Grants Fund) and the TUT Common Fund. The current fiscal year includes $109,760 of 2012 Housing- Related Park Grant funds available in PR317. Approval of second resolution will result in the appropriation of an additional $23,400 of Housing Related Park Grant funds to PR317, which will appropriate the remaining grant funds. This appropriation will increase the 2012 Housing - Related Park Grant funds available in PR317 to $131,160 and reduce the use of funding from the TUT City of Chula Vista Page 3 of 4 Printed on 12/11/2015 powered by LegistarTM File #: 15 -0668, Item #: 12.5 Common Fund Roofing (Library &Recreation) project to $53,888; these funds will be available for other roofing projects. There is no impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact approving this resolution. ATTACHMENTS 1. Contractor's Disclosure Statement Staff Contact: Mark Roberts, Facility Manager, Public Works Silvia Cosio, Sr. Management Analyst, Public Works City of Chula Vista Page 4 of 4 Printed on 12/11/2015 powered by LegistarTM RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT FOR THE "ROOF REPLACEMENT AT CHULA VISTA PARKWAY GYMNASIUM AND POOL" (PR317) PROJECT TO ROOF CONSTRUCTION IN THE AMOUNT OF $162,649 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $24,400 WHEREAS, City staff prepared specifications for the "Roof Replacement at Chula Vista Parkway Gymnasium and Pool" (PR317) and advertised the project on October 2, 2015; and WHEREAS, on October 21, 2015, the Director of Public Works received three (3) sealed bids for the "Roof Replacement at Chula Vista Parkway Gymnasium and Pool" (PR317) project; and WHEREAS, the City received bids from three (3) contractors as follows: Contractor Bid 1 Contract West Roofing, Inc. $1601160 2 Roof Construction $1621649 3 Best Contracting Services $2881765 WHEREAS, on November 3, 2015, the City Council adopted Resolution No. 2015 -252 awarding the contract for the "Roof Replacement at Chula Vista Parkway Gymnasium and Pool" (PR317) Project to Contract West Roofing, Inc. in the amount of $160,160; and WHEREAS, Contract West Roofing, Inc. was unable to perform the scope of work at the awarded bid price and the City received written notice from Contact West Roofing, Inc. terminating the contract; and WHEREAS, staff reviewed the second lowest bid submitted by Roof Construction and determined that the bid package is complete with no errors and omissions; and WHEREAS, staff contacted references provided by Roof Construction and determined they have the relevant experience necessary to complete this project; and WHEREAS, all companies associated with this contract are registered as a public works contractor with the California Department of Industrial Relations (DIR); and WHEREAS, in accordance with the provisions of Section 1773 of the Labor code of the State of California, the contractor and its subcontractors are required by bid specifications to pay prevailing wages to persons employed by them for work under this contract: and WHEREAS, a breakdown of construction costs is as follows: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $1621649 B. Contingency (Approximately 15% of contract) $241400 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $187,049 WHEREAS, the source of funds is a State of California Housing Related Parks (HRP) Program grant (budgeted in the State Grants Fund) and the TUT Common Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does award a contract for the "Roof Replacement at Parkway Gymnasium and Pool" (PR317) to Roof Construction in the amount of $162,649 and authorize expenditure of all available contingency funds in an amount not to exceed $24,400. Presented by Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $23,400 OF HOUSING RELATED PARK GRANT FUNDS TO PR317 WHEREAS, on March 27, 2012 the City Council adopted Resolution 2012 -050 authorizing the City Manager to apply for State of California Housing Related Parks (HRP) Program grant and enter into a grant agreement if the application were approved; and WHEREAS, on September 2012, the City applied for a grant award of $517,000 and was awarded a grant in the amount of $488,400; WHEREAS, the Fiscal Year 2012 -13 the Capital Improvement Program (CIP) approved an appropriation of $465,000 of Housing Related Parks (HRP) Program grant funds to fund various rehabilitation projects at Eucalyptus, Lauderbach, Memorial and Parkway Parks, Norman Center and the Women's Club minor CIP PR317; and WHEREAS, the requested appropriation of $23,400 of Housing Related Parks (HRP) Program grant funds to PR317 is the remaining balance of the $488,400 grant award. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves an appropriation of $23,400 to the Non -CIP Project Expenditure category of the State Grant Fund to project MCIP Housing Park -Rec Grant (PR317) based on Housing Related Parks Program grant funds. Presented by Approved as to form by Richard A. Hopkins Director of Public Works Glen R. Googins City Attorney CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101 -01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 16 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1 ) above is a non -profit organization or trust, list the names of any person serving as director of the non- profit organization or as trustee or beneficiary or trustor of the trust. 26 5. 7. If Yes, briefly describe the nature of the financial interest the official " may have in this contract. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No Yes If yes, which Council member? Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (t 2) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No If Yes, which official" and what was the nature of item provided? Date Signature of C tr actor /App l is ant Print or type name of Contractoi /Applicant Person is defined as: any individual, firm, co- partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 27 City of Chula Vista Staff Report File#:15-0617, Item#: 13. PRESENTATIONOFTHE2014/2015CONSOLIDATEDANNUALPERFORMANCEAND EVALUATIONREPORT(CAPER)ANDSOLICITATIONOFINPUTONFUNDINGPRIORITIESFOR THECOMMUNITYDEVELOPMENTBLOCKGRANT(CDBG),HOMEINVESTMENT PARTNERSHIPSPROGRAM(HOME),ANDEMERGENCYSOLUTIONSGRANT(ESG)2016/2017 PROGRAM RECOMMENDED ACTION Council accept the year-end report and conduct the public hearing. SUMMARY TheCityofChulaVistaisrequiredtoprepareaConsolidatedAnnualPerformanceandEvaluation Report(CAPER)fortheCity’sU.S.DepartmentofHousingandUrbanDevelopment(HUD)grant programs,whichincludeCommunityDevelopmentBlockGrant(CDBG),HOMEInvestment Partnerships(HOME)andEmergencySolutionsGrant(ESG).Thisreportprovidesasummaryof activitiesundertakenthispastfiscalyear(July1,2014throughJune30,2015)tomeetthegoalsof the2010-2015ConsolidatedPlan.Inaddition,apublichearingisbeingheldtosolicitpublicinputon funding priorities for the upcoming grant year (2016/2017). ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivitiesforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andNationalEnvironmentalPolicyAct(NEPA).The proposedactivitiesarenotconsidered“Projects”asdefinedunderSection15378(b)(5)oftheState CEQAGuidelinesbecausetheproposalsconsistofareportingaction,isanadministrativefunction, andisnotsitespecificproject(s)andwillnotresultinadirectorindirectphysicalchangeinthe environment.Therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,these activitiesarenotsubjecttoCEQA.UnderNEPA,theactivityqualifiesforaCertificationofExemption pursuanttoTitle24,Part58.34(a)(2)&(3)oftheCodeofFederalRegulationsandpursuanttothe U.S.DepartmentofHousing&UrbanDevelopmentEnvironmentalGuidelines.Thus,nofurther environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION TheCityofChulaVistareceives,onanannualbasis,CommunityDevelopmentBlockGrant(CDBG), HOMEInvestmentPartnerships(HOME)Program,andEmergencySolutionsGrant(ESG)Program fundsfromtheU.S.DepartmentofHousingandUrbanDevelopment(HUD)tocontributetowardsa numberofdiverseprogramsandservicestoenhancethequalityoflifeforChulaVista’slowto City of Chula VistaPage 1 of 5Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 316 File#:15-0617, Item#: 13. moderateincomeresidents.Onanannualbasis,theCitypreparesaConsolidatedAnnual PerformanceandEvaluationReport(CAPER)describingtheuseofHUDfundsonhousingand communitydevelopmentactivitiesthatprimarilybenefitlowandmoderateincomepersonsand households.TheCAPERalsoprovidesafinalprogressreporttowardsmeetingthegoalsidentified in the 2010-2015 Consolidated Plan. Performance Evaluation (CAPER): HUD requires that the City report its performance with regard to CDBG, HOME, and ESG grants using the HUD Consolidated Annual Performance and Evaluation Report (CAPER), which was provided to HUD 45 days after the conclusion of the 2014/2015 fiscal year. The CAPER includes specific financial and performance information for the CDBG, HOME, and ESG grants. The CAPER also includes discussion describing how the City carried out its housing and community development strategies, projects, and activities during the fiscal year. A copy of the CAPER is included as Attachment 1. A review of CAPER shows that the City: Expended fund grants in a timely manner; Funded only HUD eligible projects; Provided detailed accomplishment data for all grant-funded projects; and, Maintained its administration and public service expenditures within the mandated spending caps. PublicHearing-SolicitationonInputforthe2016/2017AnnualProcessforHUDGrant Programs: The City’s HUD approved 2015-2019 Consolidated Plan (ConPlan), effective July 1, 2015, identifies its needs and establishes funding priorities and goals (Attachment 2). The Consolidated Plan guides the City in its development of its annual program. Established priorities and goals are as follows: Housing: Affordable Rental Housing for low and moderate income households o Maintenance and Preservation of existing housing stock o Homeownership Opportunities o Community Development Priorities: Infrastructure Improvements in low and moderate income neighborhoods o Community Enhancement o SpecialNeedsandHomelessPrioritiesincludingPublicServices,ADAImprovements,and o Transitional and Homeless Housing and Services Economic Development job creation/job training activities o This public hearing represents the first opportunity to solicit public input on these identified low income housing and community development needs and funding priorities for the upcoming year (2016/2017). While the City has not yet received notification of its allocation for fiscal year 2016/2017, the City City of Chula VistaPage 2 of 5Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 317 File#:15-0617, Item#: 13. estimates a five percent reduction (5%) in the CDBG grant due to the potential budgetary cuts known as “Sequestration.” The City anticipates receiving the following for 2016/2017: HUD Program2015/162016/2017 Anticipated Received CDBG$1,746,692$1,659,357 HOME $598,726Change Unknown ESG $119,795No change anticipated Fundingapplicationsforthethreegrantprograms(CDBG,HOME,andESG)willbeavailabletoall interestedorganizationsandCitydepartmentsinJanuary2016,withapplicationsdueinFebruary 2016.StaffwillreviewallapplicationstodetermineeligibilityandreturntoCouncilinMarch2016to present recommended allocations to eligible projects. CDBG PROGRAM TheCDBGprogramrepresentstheCity’slargestgrantentitlementtofundavarietyofhousingand communitydevelopmentactivitiestobenefittheCity’slowerincomeresidents.Fundingisgenerally availableforpublicserviceactivities,capitalprojects,housingactivities,anddebtservicepaymentof a Section 108 loan. Section 108 Loan: For fiscal year 2016/2017, the City’s Section 108 debt service payment will be $759,585.00. After deducting this required debt service payment from the anticipated CDBG annual entitlement, approximately $899,499 will remain for public services programs, community development, housing projects, and grant administration. Public Services Category: HUD regulates the amount of funding which can be utilized on public services activities by placing an expenditure cap of 15% of the entitlement amount (approximately $248,903). Annually, the City receives a large number of funding requests for public services which typically exceed the amount available. Consistent with the 2015-2019 ConPlan, additional rating criteria (the “tier” system) will be included in the review of the Public Services applications. Given the economic conditions over the last few years, Staff has seen a significant increase in the number of requests and amount of the requests received by both non-profit organizations and City Departments. CDBG funds were pursued to close funding gaps resulting from losses of funding at the Federal and State levels and in community giving. Several non-profit organizations and City Departments experienced complete cuts in state funding and/or experienced decreased levels of donations. Given the limited financial resources available, the tier system focuses our limited resources on basic and essential daily living needs and on vulnerable populations where the impact of limited resources can be significant. The funding methodology consists of a three-tier approach, classifying each of the activities in the following three categories for Public Services activities: City of Chula VistaPage 3 of 5Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 318 File#:15-0617, Item#: 13. Tier I:Basic/Essential Needs (Homeless Services, Food, Emergency Housing) TierII:SpecialNeedsClientelewhomeetHUD’sDefinitionofPresumedBenefit(Servicesfor Battered Spouses, Abused Children, Severely Disabled Adults, Abused Children) TierIII:Other(TransportationServices,CaseManagement,PreventativeHealth Care Services, Recreation (non-disabled, non-emergency services) Historically, there has been sufficient funding for Tier I and Tier II programs. Any remaining Public Services funds were distributed among Tier III programs. Capital Improvement and Housing Related Activities: Approximately $318,724 is available for capital improvement and housing projects for 2016/2017. To be considered eligible for funding, a project must first meet a HUD National Objective (located in a low and moderate income census tract), not be regional in nature, and be located in a service area that is primarily residential. Funding recommendations for Capital and Housing Related Activities are then prioritized based on the following criteria: Eligible projects that address priorities listed in the ConPlan (Attachment 2); and Effectiveness of activity by meeting the following: Leveraging of other funding sources; o Number of clients to be served; o IdentificationontheCityofChulaVista’sCriticalNeedsList(applicabletoinfrastructure o projects,improvementstoparkandrecreationalfacilities,andpurchaseofequipmentor improvements to fire stations). 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 Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 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 TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theactivitiesfunded throughthefederalgrantprogramsaredirectedtowardstherevitalizationofneighborhoods, economicdevelopmentopportunities,andimprovedfacilitiesandservices.Thenatureofthese activities is consistent with the Goals, Strategies and Initiatives in Goal 5: Connected Community. Strategy 5.1:Encourage Residents to Engage in Civic Activities Initiative 5.1.2 Fosters an Environment of Community Involvement City of Chula VistaPage 4 of 5Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 319 File#:15-0617, Item#: 13. TheCityhasdevelopedadetailedCitizenParticipationPlan(CPP)whichrequirestheparticipationof thecommunity.TheCPPrequirestheCitytoprovidecitizenswithreasonableandtimelyaccessto meetings,information,andrecordsrelatedtothegrantee'sproposedandactualuseoffunds.A minimumoftwopublichearingsareheldannuallytoobtaincitizenparticipationatallstagesofthe Five-YearConsolidatedPlanandAnnualActionPlan.Thisincludestheidentificationofpriorities, review of proposed activities, and review of program performance. Strategy 5.2:Provide Opportunities that Enrich the Community’s Quality of Life Initiative 5.2.1 Provide Services and Programs Responsive to Residents Priorities TheCAPER(Attachment1)includesthelistofaccomplishmentsusingCDBG,HOMEandESG fundingthatprovideddecentaffordablehousingopportunitiesandasuitablelivingenvironmentwith adequate public facilities, infrastructure and services to City residents. CURRENT YEAR FISCAL IMPACT There is no current fiscal impact to the General Fund as the program is revenue offset by the grant funds. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts as the program is revenue offset by the grant funds. ATTACHMENTS Attachment 1: CAPER Narrative Attachment 2: 2015-2019 Consolidated Plan Funding Priorities & Low Income Area Map Staff Contacts:Jose Dorado, DSD Housing Division, Angelica Davis, DSD Housing Division City of Chula VistaPage 5 of 5Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 320 2014/15FIFTH YEAR Prepard by the Grant Administratos: Angélica Davis, Project Coordinator adavis@chulavistaca.gov Jose Dorado, Project Coordinator jdorado@chulavistaca.gov ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 321 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 322 TABLE OF CONTENTS CAPER Executive Summary ............................................................................................................................. 1 General Questions .......................................................................................................................................... 2 Performance Measurements .......................................................................................................................... 2 Housing Priorities and Accomplishments ....................................................................................................... 4 Other Housing Accomplishments: .................................................................................................................. 6 Homeless Services .......................................................................................................................................... 6 Community Development Priorities and Accomplishments........................................................................... 8 Special Needs Services ................................................................................................................................... 9 General Public Services .................................................................................................................................. 9 State Programs ............................................................................................................................................. 13 Local Programs ............................................................................................................................................. 14 Managing the Process .................................................................................................................................. 16 Citizen Participation ..................................................................................................................................... 17 Institutional Structure .................................................................................................................................. 18 Monitoring .................................................................................................................................................... 18 Lead-based Paint .......................................................................................................................................... 22 Housing Needs .............................................................................................................................................. 23 Specific Housing Objectives .......................................................................................................................... 24 Public Housing Strategy ................................................................................................................................ 24 Barriers to Affordable Housing ..................................................................................................................... 24 Home Investment Partnerships Act (HOME) ................................................................................................ 26 Homeless Needs ........................................................................................................................................... 27 Specific Homeless Prevention Elements....................................................................................................... 29 Emergency Solutions Grants (ESG) ............................................................................................................... 30 Antipoverty Strategy .................................................................................................................................... 38 NON-HOMELESS SPECIAL NEEDS .................................................................................................................. 38 Specific HOPWA Objectives .......................................................................................................................... 39 Other Narrative ............................................................................................................................................ 39 Appendices: !ƦƦĻƓķźǣ ! ΑL5L{ wĻƦƚƩƷƭ twЉЌ Α /5.D !ĭƷźǝźƷǤ {ǒƒƒğƩǤ ŅƚƩ DƩğƓƷĻĻ twЉЏ Α /5.D {ǒƒƒğƩǤ ƚŅ /ƚƓƭƚƌźķğƷĻķ tƌğƓ tƩƚƆĻĭƷƭ ŅƚƩ wĻƦƚƩƷ ĻğƩΜ PR10 - CDBG Housing Activities twЋЌ Α /5.D {ǒƒƒğƩǤ ƚŅ !ĭĭƚƒƦƌźƭŷƒĻƓƷƭ PR26 - CDBG Financial Summary twЋЋ Α Iha9 {ƷğƷǒƭ ƚŅ Iha9 !ĭƷźǝźƷźĻƭ twЋЎ Α Iha9 {ƷğƷǒƭ ƚŅ /I5h CǒƓķƭ twЋА Α Iha9 {ǒƒƒğƩǤ ƚŅ DƩğƓƷƭ twЌЌ Α Iha9 ağƷĭŷźƓŭ \[źğĬźƌźƷǤ !ƦƦĻƓķźǣ . ΑI 5 CƚƩƒƭ: Form HUD 40107 HOME Program Annual Performance Report Form HUD 40107-A HOME Match Report Appendix C- HOME Performance Reports Appendix D - ESG Supplement to the CAPER in e-snaps Appendix E- Section 3 Reports !ƦƦĻƓķźǣ C Α tǒĬƌźĭ bƚƷźĭĻΉtƩƚƚŅ ƚŅ tǒĬƌźĭğƷźƚƓ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 323 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 324 Fifth Program Year CAPER The CPMP Consolidated Annual Performance and Evaluation Report includes Narrative Responses to CAPER questions that the City as a CDBG, HOME, and ESG grantee must respond to each year in order to be compliant with the Consolidated Planning Regulations. CAPER Executive Summary This module is optional but encouraged. If you choose to complete it, provide a brief overview that includes major initiatives and highlights that were proposed and executed throughout the fifth year. This Consolidated Annual Performance Report (CAPER), covering the period from July 1, 2014 to June 30, 2015 (FY 2014/15), represents the fifth and final year of the 2010-2015 City of Chula Vista Consolidated Plan period. This annual performance report describes activities that were undertaken during FY 2014/15, using Federal funds granted to the City of Chula Vista by the Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs. For FY 2014/15 grant funds available included: Entitlement Grant Amount Community Development Block Grant (CDBG) Entitlement $1,719,498 CDBG Program Income $75,341 Home Investment Partnerships Act (HOME) $631,125 Emergency Solutions Grant $141,899 Total Available $2,567,863 The HUD-funded activities covered in this report primarily benefited low-income and moderate income residents and lower-income communities within the jurisdiction, and addressed affordable housing, homeless, and non-housing community development needs. The program objectives for the reporting period included: 1.Created suitable living environments; 2.Provided decent affordable housing; and 3.Created economic opportunities. The outcomes produced during the reporting period included: 1.Availability or improved accessibility of infrastructure, public facilities, housing, or shelter to low- and moderate-income people, including persons with disabilities; 2.New or improved affordability through creation or maintenance of affordable housing; and, 3.Sustainability resulting from improved communities or neighborhoods, making them livable or viable by providing benefit to low- and moderate-income persons or by removing slums or blighted areas. City Of Chula Vista Page 1 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 325 General Questions 1.Assessment of the one-year goals and objectives: a.Describe the accomplishments in attaining the goals and objectives for the reporting period. Accomplishments for each of the activities undertaken during the reporting year are provided within this report in: 1) Project Performance Measurement Table (Page 3) and; 2) Accomplishment narratives for the activities within the corresponding Consolidated Plan Priorities. b.Provide a breakdown of the CPD formula grant funds spent on grant activities for each goal and objective. Refer to PR03 for funds allocated and spent during program year. The activity accomplishment narratives include the amount and source of CPD grant funds. c.If applicable, explain why progress was not made towards meeting the goals and objectives. The city met all the goals as identified in the 2014/15 Annual Action Plan. The following is a summary of the accomplishments, breakdown of CDP formula grant funds spent for each goal and activity made during the reporting period under each objective identified in the 2010- 2015 Consolidated Plan. The City of Chula Vista also incorporated performance measurements into the CAPER. Performance Measurements The City of Chula Vista funded the projects listed in the Project Performance Measurement Table as a means to achieve the specific priorities and objectives established in the Consolidated Plan for 2010- 2015 as well as the annual goals for FY 2014/15. These activities were intended and ultimately benefited primarily low-income and moderate-income residents within the City, and addressed affordable housing, homeless, and non-housing community development needs. These activities met three objectives and three outcomes, detailed below: Objectives: 1) create suitable living environments; 2) provide decent affordable housing; and, 3) create economic opportunities. Outcomes: 1) availability or improved accessibility of infrastructure, public facilities, housing, or shelter to low/moderate-income people, including persons with disabilities; 2) new or improved affordability through creation or maintenance of affordable housing; and 3) sustainability resulting from improved communities or neighborhoods, making them livable or viable by providing benefit to low/moderate-income persons, or by providing services that sustain communities or neighborhoods. The outcomes and objectives that were achieved are included with each of the planned activities (Table 1 below). The outcomes and objectives are identified using the numbering system which ties to the Community Planning and Development Performance Measurement System developed by HUD as follows: Availability/ Outcome/Objective Codes Affordability Sustainability Accessibility Decent Housing DH-1 DH-2 DH-3 Suitable Living Environment SL-1 SL-2 SL-3 Economic Opportunity EO-1 EO-2 EO-3 City Of Chula Vista Page 2 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 326 2010-2015 Performance Measurement Matrix Outcome/ Total 2013 Source of Performance Measurement Five Year 2010 2011 2012 2014 I. Housing Priorities Objective Towards Goal Funds(Indicator)GoalAccompAccompAccomp Accomp Code *5-Year Goal Affordable Housing Opportunities150 01504 1 55 210 1 DH-1 Number of Housing Units Created074 0 Acquisition/Rehabilitataion12 CDBG/HOME 0 DH-1 Number of Housing Units Created01430 0 The Landings IIHOME143 0 DH-1 Number of Housing Units Created000 33 Landis - WakelandHOME33 0 DH-1 Number of Households Assisted000 15 Tenant Based Rental AssistanceHOME15 Maintenance and Preservation of Exising Housing Stock 1521 0 38 56 50 DH-1 0 1521 8 Owner Occupied Rehabilitation Program (CHIP)CDBG26 DH-1 0 000 30 Urban Corp Green StreetsHOME30 Number of Housing Units Preserved Homeownership Opportunities 692 3 5 25 50 3 DH-2 Number of Households 692 5 DownPayment and Closing Cost Assistance HOME25 Outcome/ Total 2013 Source of Performance Measurement Five Year 2010 2011 2012 2014 Objective Towards Goal Funds(Indicator)GoalGoalAccomp.Accomp Accomp II. Community Development Priorities Code *5-Year Goal Infrastructure Improvements15,000 30,50800 19,618 0 50,126 19,618 000 0 3rd Avenue Streetscape ProjectSL-1CDBG19,618 Number of Persons Benefitting from n/a SL-1 n/an/an/a n/a Section 108 Loan Repayment (Year 3)CDBGn/a Improved Infrastructure 0 Sidewalk Annual Program (STL 295/320)SL-1CDBG30,50800 0 30,508 50 Community Facilities 276124 0 0 301 0 SL-1 276024 0 ADA Curb Cut ProgramCDBG300 Number of Public Facilities Improved 0 SL-1 010 0 Lauderbach Security ProjectCDBG1 50 Community Enhacement 040,8430 0 0 40,843 Number of households benefitting SL-1 0 from remediated site04000 0 Graffiti Removal ProgramCDBG400 Number of People Benefitting from SL-1 0 Improvement040,4430 0 Graffiti Removal Program - Private CDBG40,443 Special Needs and Homeless Priorities (Public 10,000 51,97213,4535,328 4,872 8,692 84,317 Services) 1,731 1,8891,1621,880 1,100 KidCare Express Medical Mobile UnitSL-1CDBG7,762 Number YOUTH receiving improved 0 SL-1 3600 0 WizKidz ProgramCDBG36 services 0 SL-1 757575 75 Food 4 Kids Backpack ProgramCDBG300 429 SL-1 218271341 300 Meals on WheelsCDBG1,559 Number ELDERLY receiving improved 0 SL-1 26311450 0 Adult Day Health Care TransportationCDBG427 services 733 SL-1 400919840 400 Norman Senior Center ServicesCDBG3,292 0 6,0332,7630 5,100 Lutheran Social Services Project HandSL-1CDBG13,896 0 SL-1 0091 0 Project Homeless ConnectCDBG91 380 SL-1 Number HOMELESS receiving 300340369 240 Services for High-Risk and Homeless YouthCDBG1,629 93 9314695 140 Casa Nueva VidaESG567 improved services SL-1 0 SL-1 23800 0 Hotel Voucher ProgramCDBG238 36 SL-1 302835 30 Interfaith Shelter NetworkCDBG159 0 SL-1 6800 0 LSS - Caring NeighborCDBG68 353 390300350 300 Food Program (formerly Thursdays Meal)CDBG1,693 SL-1 Number PEOPLE (GENERAL) 398 SL-1 receiving improved services325324362 475 Assessment, Referral and Emergency ServicesCDBG1,884 441 SL-1 585618561 389 Family Violence TreatmentCDBG2,594 67 000 0 Sharp HealthCare FoundationSL-1CDBG67 10 000 28 Center for Employment OpportunitiesSL-1CDBG38 Number of SPECIAL NEEDS persons 83 000 100 Chula Vista Recreation TherapeuticsSL-1CDBG183 receiving improved services 118 000 15 Chula Vista Homeless Prevention/Rapid ReHousinSL-1ESG133 g 0 SL-1 586279279 0 Chula Vista Veterans Rehabilitation ServicesCDBG1,144 0 SL-1 Number of Structures remediated40,4436,1140 0 Graffiti Removal Program - Public SpacesCDBG46,557 Other Objectives N/A N/A CDBG Program AdministrationCDBG N/A N/A HOME Program AdministrationHOME N/A N/A ESG Program AdministrationESG N/A - Administration Activity N/A N/A Fair Housing Counseling ServicesCDBG Housing ServicesDH-1CDBGLinked to Other Housing Activities N/A N/A Regionl Task Force on the HomelessCDBG Availability /Accesibility Outcome/Objective Codes:AffordabilitySustainability Decent Housing DH-1DH-2DH-3 Suitable Living Environment SL-1SL-2SL-2 Economic Opportunity EO-1EO-2EO-3 *Activities that contain a zero (0) under Accomplishment were not funded during the program year. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 327 FY 2014/15 Housing Achievements The table below evaluates the progress being made by the City of Chula Vista in meeting its specific objective of providing affordable housing, including the number of extremely low-income, low-income, and moderate- income and owner households assisted during the reporting period (July 1, 2014-June 30, 2015) and the number of households assisted with housing that meets the Section 215 definition of affordable housing for rental and homeownership. This summary of progress includes a comparison of actual accomplishments during the program year with proposed goals and efforts to address "worst-case needs," and progress in meeting the needs of persons with disabilities. Renter Owner Housing *Total st 1 Time Achievements by Small Large Total Existing Total Housing Elderly Disabled Home- Income Level Family Family Renter Owner Owner buyer 1. Extremely Low Income 0 0 0 5 5 0 0 0 5 (0-30% of MFI) 2. Very Low Income 8 0 0 0 8 0 0 0 8 (31-50% of MFI) 3. Low Income 1 0 0 0 1 0 1 1 2 (51-80% MFI) 4. Above Low Income 0 0 0 0 0 0 0 0 0 (Over 80% MFI) 5. Total Low Income 0 0 0 0 0 0 0 0 0 (Lines 1+2+3) 6. Total-All Incomes 9 0 0 5 14 0 1 1 15 (Lines 1+2+3+4) Housing Priorities and Accomplishments Three Housing Funding Priorities were identified under the 2010-2015 Consolidated Plan and are summarized below along with their corresponding accomplishments for the reporting year: Priority 1: Affordable rental housing opportunities for low and moderate income persons (30 housing units per year/ 150 within the Consolidated Plan period). In FY 2014/15 CDBG funding was provided to the following housing programs: Accomplishment 1: Rental Housing for Special Needs. In 2014/15 the City purchased and rehabilitated one unit for the purpose of providing affordable rental opportunities. The unit is currently leased to very low income resident. Beneficiary data has been entered into IDIS for this unit. A total of $118,164 was spent during the reporting year. City Of Chula Vista Page 4 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 328 Accomplishment 2: Housing Services. The Housing Division negotiated a housing development project with Wakeland Housing and Development for the production of a mixed-use affordable housing project entitled Lofts on Landis in 2013. A combination of HOME and NSP funds were used to fund the project. The Housing Division continues to project manage the construction of the project. A total of $25,400 in CDBG funds was expended during 2014/15. Beneficiary data will be provided during the 2015/2016 reporting period, once the units have been leased in the Fall of 2015. Accomplishment 3: Lofts on Landis. On March 20, 2014, Wakeland Housing Development Corporation, broke ground on the Lofts on Landis Project. The project consists of construction of 33 affordable housing units targeted to residents earning 30-60% of the area median income (6 one-bedrooms, 15 two-bedrooms, and 12-threee bedrooms). In addition, the project will include a street level leasing office, community building/center, one level of subterranean and podium parking (97 spaces total), and three levels of residential buildings. The project will also provide the Family Health Centers of San Diego with 1,276 square feet of office space and parking spaces for their staff and clients from the Family Health Center Facility, located across the street. The project should be completed by December 2015 to meet the HUD and Tax Credit deadlines. The total estimated cost of the project is $26Million. A portion is funded through HOME ($1.5Million) and NSP ($500,000). Accomplishment 4: Millenia-Affordable Housing. On April 21, 2015, City Council approved financial ğƭƭźƭƷğƓĭĻ Ʒƚ ƭǒƦƦƚƩƷ /ŷĻƌƭĻğ LƓǝĻƭƷƒĻƓƷ /ƚƩƦƚƩğƷźƚƓs (Developer) affordable housing project located in the Millenia project are in Eastern Chula Vista. The project consists of new construction of 87 affordable housing units targeted to residents earning 30% to 60% of the area median income. A portion of the project is funded through HOME in an amount not to exceed $800,000. The developer will be seeking Tax Credits and Bond Financing in December 2015 and is expected to close escrow and start construction in March 2016. Priority 2: Maintenance and Preservation of existing housing stock. Provide assistance to low income homeowners with aging units (10 households annually) Accomplishment 1: City of Chula Vista Community Housing Improvement Program (CHIP). During the ƩĻƦƚƩƷźƓŭ ƦĻƩźƚķͲ ƷŷĻ /źƷǤƭ IƚǒƭźƓŭ 5źǝźƭźƚƓ ƦğƩƷƓĻƩĻķ ǞźƷŷ ƷŷĻ /źƷǤƭ /ƚķĻ 9ƓŅƚƩĭĻƒĻƓƷ ƓźƷ Ʒƚ źķĻƓƷźŅǤ units in need of health and safety related issues as well as potential energy efficiency upgrades. During 2014/15, a total of 9 households were assisted with forgivable loans to complete health/safety and energy efficiency upgrades to their homes. A total of $114,989 in CDBG funds was utilized during the reporting year. Priority 3: Homeownership Opportunities. Provide opportunities to Low and Moderate Income Households to become homeowners (10 households annually) Accomplishment 1: City of Chula Vista First Time Homebuyer Assistance Program. During FY 2014/15, the City continued its partnership with Community HousingWorks (CHW) in its efforts to provide Chula Vista residents with homebuyer assistance using HOME funds. Since February of 2009, CHW began offering HUD certified HomeBuyer Classes in the City of Chula Vista. In 2014/2015 one household utilized City HOME funds to purchase their first home at a funding level of $70,000. The City also received a $1,000,000 grant City Of Chula Vista Page 5 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 329 ŅƩƚƒ ƷŷĻ {ƷğƷĻ ƚŅ /ğƌźŅƚƩƓźğƭ /ğƌIƚƒĻ ƦƩƚŭƩğƒ͵ ŷĻ CźƩƭƷ źƒĻ IƚƒĻĬǒǤĻƩ źƭ ĬĻźƓŭ ǒƦķğƷĻķ źƓ ƚƩķĻƩ Ʒƚ leverage both HUD funds and State funds to assist additional homebuyers. !ĭĭƚƒƦƌźƭŷƒĻƓƷ Ћʹ /{! ƚŅ {ğƓ 5źĻŭƚ /ƚǒƓƷǤ ΑCğźƩ IƚǒƭźƓŭ͵ City of Chula Vista contracted with CSA to assist the City in meeting its responsibility to affirmatively further fair housing. As stated in the San Diego Regional Analysis of Impediments to Fair Housing, tenant/landlord dispute resolution was included in the fair housing service provider contract to ensure clients were screened for all possible impediments to fair housing choice. Expenditures in FY 2014/15 totaled $35,000.00 ($32,000 in CDBG funds and $2,000 of City Housing Funds). City of Chula Vista staff also assisted persons who faced fair housing discrimination and tenant landlord issues as well as conduct testing. Refer to page eleven for additional fair housing activities completed during 2014/15. Accomplishment 3: The San Diego Regional Analysis of Impediments to Fair Housing Choice (AI) was completed in March 2015. The City continues to develop a work plan to address the Impediment identified in the Plan. Some of the identified impediments are also required actions that need to be completed as part of the 2013-2020 Housing Element. The City is an active member of the San Diego Regional Fair Housing Alliance and continues to participate in efforts to affirmatively further fair housing locally and regionally. Other Housing Accomplishments: HOME/CDBG/NSP Funds In 2012, the City of Chula Vista partnered with a contractor to leverage NSP and HOME funds with a goal of acquiring 6 properties for the purpose of providing affordable rental opportunities to low income households. A total of $750,000 of HOME funds and $750,000 of NSP grant funds were committed to purchase up to 6 units. During the 2014/2015, the City used the remaining funds of $147,596 to purchase and rehabilitate the last unit purchased as well as property management operation costs. Homeless Services Priority: Continue to support programs offering transitional housing opportunities for homeless families and individuals Below is a summary of the accomplishments for homeless services during the reporting year: Accomplishment 1: South Bay Community Services Casa Nueva Vida. During FY 2014/15, ESG funds were allocated to South Bay Community Services in Chula Vista for a total of $68,277 for shelter operations and services. All contracts were executed by July 1, 2014 and funds were fully expended in accordance with ESG critical deadlines cited at 24 CFR 576.35. The Casa Nueva Vida program served 87 homeless persons with short-term housing as well as self-sufficiency services to enable them to transition into a long term stable permanent housing environment. Accomplishment 2: {ƚǒƷŷ .ğǤ /ƚƒƒǒƓźƷǤ {ĻƩǝźĭĻƭ Α {ƚǒƷŷ .ğǤ Cƚƚķ tƩƚŭƩğƒʹ The South Bay Food Program was awarded $10,000 to operate Thursday's Meal (weekly hot meals), Feeding America's Metro Mobile Pantry program which has expanded to a second Chula Vista location, Emergency Food Assistance City Of Chula Vista Page 6 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 330 Program and SBCS's in-house Emergency Food Program for homeless and needy Chula Vista residents/families in need of food services and support. During the reporting year, a total of 293 (unduplicated) persons were served. Accomplishment 3: InteƩŅğźƷŷ {ŷĻƌƷĻƩ bĻƷǞƚƩƉ Α wƚƷğƷźƚƓğƌ {ŷĻƌƷĻƩʹ was awarded $10,350 to operate eight south bay congregations provide nighttime shelter to case managed homeless guests for two weeks each, providing nightly meals, showers, and other services. Local case management agencies screen and monitor shelter guests during their maximum 8-week stay. CDBG expenditures in FY 2014/15 totaled $10,350 and resulted in 37 unduplicated persons served. Accomplishment 4: Regional Task Force on the Homeless: This program fulfilled the HUD mandated requirement of operating and maintaining the Homeless Management Information System (ServicePoint) on behalf of the City, which allowed service agencies to track homeless client information through a central database making reporting to HUD more efficient. ESG Subrecipients were required to enter client data into ServicePoint. In addition, the RTFH also provided information and referral services to homeless service agencies, individuals and local governments. In January of 2015, the RTFH completed the Point In Time Count, which estimates the number of homeless people, both on the street and in shlters throughout the San Diego Region, including Chula Vista. This information enables us to plan our continued services for homeless persons. (Visit http://www.rtfhsd.org/publications.html for a copy). Accomplishment 5: South Bay Homeless Advocacy Coalition City of Chula Vista Development Services Housing Division staff facilitates discussions on issues surrounding the homeless in the South Bay Region as a member of the South Bay Homeless Advocacy Coalition in coordination with local service providers and the Chula Vista Police Department. Meetings are held every second Monday of month at the Chula Vista Policy Department Community Room and are open to the public. The Coalition recognizes the vital role that faith-based organizations and social service agencies play in providing assistance to the homeless. There are over 200 faith-based organizations in the South Bay region alone. In an attempt to combine the efforts and avoid duplication of services, the Coalition designed the Homeless Providers Forum, an annual event to bring social service agencies and faith-based organizations together to share and leverage valuable resources. Accomplishment 6: Project Homeless Connect The South Bay Homeless Advocacy Coalition and the City of Chula Vista continue to facilitate the Project Homeless Connect in the South San Diego region. The one-day event created a one-stop shop for homeless individuals and families to access valuable resources such as social service benefits, medical attention, showers, haircuts, flu shots and spiritual guidance. Hygiene packs, socks, t-shirts, undergarments and sweatshirts and food was provided for them to take. A total of 100 persons were assisted with one or more of the services provided. The services were a result of over 100 volunteers from the community, including local government agencies, social service agencies and resident volunteers. Additionally, the Coalition developed the Resource Pocket Guide, which contains a list of all services available including medical food services and shelter. City Of Chula Vista Page 7 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 331 Accomplishment 7: Rapid ReHousing Program Homeless Prevention and Rapid Re-Housing Services: Through the Emergency Solutions Grant (ESG) the City provides case management and rental assistance for those who are at risk of becoming homeless or can be rapidly re-housed after experiencing homelessness. Program requires participants to be self-sufficient after receiving rental assistance. During 2014/2015 the City screened and provided assistance to 27 persons utilizing $104,241 of ESG funds. Community Development Priorities and Accomplishments Three Community Development Priorities were identified under the 2010-2015 Consolidated Plan and are summarized below along with their corresponding accomplishments for the reporting year: Priority 1: Infrastructure Improvements in low and moderate income neighborhoods including street and sidewalk improvements in low income areas, flood prevention, and drainage improvements. Accomplishment 1: Section 108 Castle Park Area Improvements. A scheduled loan payment of $756,174 was issued for a $9.5million Section 108 Loan for infrastructure improvements in the Castle Park Area. This area consists of 4 census tracts including 13102, 13203, 13302, 13303 which are predominantly low-income residents. A total of 11 streets were completed. Improvements included new streets, sidewalks, curbs/gutters and lighting. Priority 2: Community Enhancement- Facilities serving youth, park, recreational, and neighborhood facilities, facilities serving other special needs, health and child care, facilities, and graffiti removal. The City prepared a Substantial Amendment to re-allocate $218,500 of CDBG funds from a canceled project toward two Public Facility projects. Accomplishment 1: Fire Equipment for Fire Station 1 and 5: A total of $68,500 was allocated to the purchase of 28 sets of personal protective equipment (Turnouts) for firefighters assigned to Fire Station 1. Accomplishment 2: Fire Apparatus Outfit for Fire Station 1: A total of $150,000 was utilized for the purchase of fire equipment. The department purchased a new Pierce Fire Engine to replace an engine that had reached its serviceable life per the NFPA as a frontline Fire Engine. The equipment purchased was to outfit the new engine. A review of the service area determined that Fire Station 1 and 5 primarily services low and moderate income census tracts where at least 51% of the residents are low and moderate income. These fire stations served as the backbone of the Chula Vista Fire Department and continue to be the two busiest Fire Stations in the City. City Of Chula Vista Page 8 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 332 Priority 3: Continue to fund public services at the federally mandated 15% cap. Special Needs Services Accomplishment 1: Chula Vista Recreation Department- Therapeutic Recreation Program and Classes: CDBG funds were used for direct service delivery to community members who have a developmental or physical disability, including children, teens and adults. The program offered scheduled and supervised activities designed to be educational, healthy, and recreational based. Activities are designed to build social skills, self-esteem, independence, activities of daily living, and sportsmanship. A total of $20,094 was expended in CDBG funds and resulted in 127 persons served. General Public Services Accomplishment 1: Chula Vista Community Collaborative-Family Resource Center and Emergency Services. The purpose of the CDBG funded program is to provide Chula Vista Community residents with advocacy services, referral services, and support services Ʒƚ źƓĭƩĻğƭĻ ğ ŅğƒźƌǤƭ ğĬźƌźƷǤ Ʒƚ ƌĻğķ ƦƩƚķǒĭƷźǝĻ ğƓķ self-sufficient lives. The Chula Vista Community Collaborative assessed families requesting services from the Beacon Family Resource Center and connected families to needed services, through referrals, advocacy, and follow up. Additionally, families were provided with basic and essential items such as food and clothing. CDBG expenditures in FY 2014/15 totaled $39,312 and resulted in 327 unduplicated persons served. Accomplishment 2: South Bay Community Svcs. Family Violence Treatment Program. Provided therapeutic, counseling and crisis services to adult and child victims and perpetrators of family violence, through strengths-based assessments; treatment planning; age-appropriate group and individual counseling for children; victim support groups; crisis intervention; and SAFE Paths program for Chula Vista children and members of their families who were dealing with issues pertaining to interfamilial child sexual molestation. CDBG expenditures in FY 2014/15 totaled $34,000 and resulted in 338 unduplicated persons served. Accomplishment 3: Family Health Centers of S.D. KidCare Express III Medical Unit. Provide primary healthcare services to low income, medically underserved children and families in Chula Vista and work in partnership with the Chula Vista Elementary School District, local social service agencies and public housing facilities to provide services to the most vulnerable families. By removing financial and transportation barriers, KidCare Mobile Medical Unit ensured that Chula Vista families got the healthcare they needed, when they needed it. CDBG expenditures in FY 2014/15 totaled $13,600 and resulted in 2,868 unduplicated persons served. Accomplishment 4: South Bay Community Services for High-Risk and Emergency Services. Provided area youth with the services, support and opportunities they needed to lead healthy and productive lives. SBCS, along with subcontractors provided services to area at-risk youth before, during and after school, designed to increase healthy protective behaviors and decreased risk factors that lead to law enforcement or social service involvement. Expenditures in CDBG expenditures in FY 2014/15 totaled $34,550 and resulted in 256 unduplicated persons served. City Of Chula Vista Page 9 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 333 Accomplishment 5: Meals on Wheels. Program provided daily delivery of up to two meals a day seven days a week, 365 days a year to Chula Vista seniors. CDBG Expenditures totaled $12,000 and resulted in 365 Elderly persons served. Accomplishment 6: Chula Vista Recreation Department- Norman Park Senior Center Program: CDBG funds were used to maintain extended hours of operation to the public at Norman Park Senior Center. Programs include free ESG classes, conversational Spanish, blood pressure clinics, fitness classes, information/referral services and "are you okay" phone calls made to the mobility impaired aging community and more. A total of $29,993 in CDBG funds resulted in 354 seniors benefitting from the services. Accomplishment 7: Jacobs and Cushman San Diego Food Bank Food 4 Kids Backpack Program was awarded $15,000 and provided 75 children with a backpack of child-friendly food to ensure they had enough food to eat over the weekend. Information on a variety of social services and outreach and assistance with CalFresh were provided to families of backpack students. In addition, once a month a family pack of food was provided. Accomplishment 8: Lutheran Social Services Project Hand was awarded $12,200 to provide food to 5,790 homeless and very low income persons in Chula Vista. Note: The City funded other Public Services which are not describe above; however, are in the ĭƚƩƩĻƭƦƚƓķźƓŭ ƭĻƩǝźĭĻ ƷǤƦĻ ĭğƷĻŭƚƩǤ ƭǒĭŷ ğƭ ͻIƚƒĻƌĻƭƭ bĻĻķƭͼ͵ 2.Describe the manner in which the recipient would change its program as a result of its experiences. The City continues to provide a high level of customer service to its Subrecipients and to Chula Vista residents accessing programs funded by the Department of Housing and Urban Development. The City grant administrators monitor projects to ensure federal funds are being spent on a timeline basis and meet the regulatory requirements. 3.Affirmatively Furthering Fair Housing: a.Provide a summary of impediments to fair housing choice. b.Identify actions taken to overcome effects of impediments identified. The 2010-2015 Regional Analysis of Impediments to Fair Housing Choice (AI) identified seven region-wide impediments to fair housing choice and specific public policy impediments within each jurisdiction. The region-wide impediments relate to the following: 1)Insufficient fair housing education and outreach; 2)Personal credit history and financial management factors; 3)Lack of housing choice and discrimination toward persons with disabilities; 4)Lack of widespread testing for lead-based paint hazards; 5)Lack of collaboration by local fair housing agencies; 6)Differences in fair housing reporting formats among jurisdictions and lack of quantifiable goals and accomplishments; and 7)Variable fair housing services within the City of Chula Vista, including regular audits and tenant/landlord dispute resolution services. City Of Chula Vista Page 10 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 334 Chapter 8 of the AI also lists various public policies, zoning provisions, and development regulations in each jurisdiction that may affect the range of housing choices. City of Chula Vista public policies viewed as potential impediments to fair housing choice include: 1)Land use designations with either very low or no minimum density requirements; 2)Zoning that does not expressly permit transitional housing or emergency shelters; and 3)Lack of established zoning or planning procedures to accommodate housing for persons with disabilities. The following are some of the strategies recommended in the 2010-2015 AI report to Impediments over the five-year period: 1)Improved and targeted fair housing education and outreach; 2)Counseling on maintaining good credit and financial management; 3)Expansion of a variety of housing sizes and types to accommodate persons with disabilities and seniors; 4)Regional pooling of funds for development of lists of Americans with Disabilities Act compliant apartments; 5)Required lead-based paint testing for homebuyer and residential rehabilitation programs; 6)Increased collaboration among fair housing providers; 7)Uniformity of fair housing reporting; 8)Regionally consistent fair housing services, including tenant/landlord dispute resolution; and 9)Regional fair housing audits. The AI report also recommends that all San Diego County jurisdictions consider amending their policies and regulations to address the various potential impediments źķĻƓƷźŅźĻķ źƓ ƷŷĻ ƩĻƦƚƩƷ͵ LƷ źƭ ƭǒŭŭĻƭƷĻķ ƷŷğƷ Ʒŷźƭ ĭƚǒƌķ ĬĻ ķƚƓĻ ğƭ ƦğƩƷ ƚŅ Ļğĭŷ ƆǒƩźƭķźĭƷźƚƓƭ DĻƓĻƩğƌ tƌğƓ IƚǒƭźƓŭ 9ƌĻƒĻƓƷ ǒƦķğƷĻ͵ ŷĻ !L ƩĻƦƚƩƷ Ǟğƭ ŅƚƩǞğƩķĻķ Ʒƚ ƷŷĻ /źƷǤƭ tƌğƓƓźƓŭ ğƓķ .ǒźƌķźƓŭ 5ĻƦğƩƷƒĻƓƷ review and consideration. Many of the region-wide strategies were addressed in FY 2013/14 as part of the CDBG Fair Housing Administrator contract for affirmative fair housing services. Recommendations for collaboration among City of Chula Vista entitlement jurisdictions and expanded regional fair housing activities were implemented by actions of the Fair Housing Resource Board (FHRB). In July 2014, the official name of FHRB was changed to the San Diego Fair Housing Alliance. Specifically, in Fiscal Year 2014/15 the City of Chula Vista entered into a contract extension with CSA of San Diego County to provide Fair Housing Services with the primary goal to Affirmatively Further Fair Housingin accordance with the Fair Housing Act (42 U.S.C. 3601-20), as well as §570.601(a),whichƭĻƷƭ ŅƚƩƷŷ ƷŷĻ /źƷǤƭ responsibility to affirmatively further fair housing in the City of Chula Vista. CSA provided fair housing and tenant-landlord dispute services which included: advocacy, outreach and education; technical training opportunities for housing staff and providers; maintenance of fair housing discrimination investigations; intake and enforcement processes; collaborations and/or linkages with other entities which further strengthen fair housing activities in the City of Chula Vista. Increased awareness of Fair Housing Laws for tenants, managers, owners and the community at large. Responded to Chula Vista residents who alleged discriminatory treatment in housing. During 2014/15, CSA had 179 unduplicated clients from the City of Chula Vista who received one-on-one counseling. CSA has held seven Fair Housing workshops and provided resources at six public event fairs. City Of Chula Vista Page 11 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 335 4.Describe Other Actions in Strategic Plan or Action Plan taken to address obstacles to meeting underserved needs. The City is continuing in its effort to remove obstacles to meeting under-served needs throughout the community. Chula Vista has made a commitment to budget CDBG funds at the maximum allowable for public service activities to offer citizens much needed programs and services in the area of literacy, job training, youth activities, senior services, disabled services, violence prevention, and meals for the homeless and health care assistance for low-income families. Proposals for community improvements and public services are received from community-based organizations, and City departments, and the highest priority proposals are recommended for inclusion in the Annual Funding Plan. For FY 2014/15, Chula Vista expended $241,750 in public services, maintaining the expenditure level at 12.76% (below the allowable 15%). The main obstacle to meeting all the identified community needs is the significant reduction in grant funding which has been approximately 25% since 2010. The City received over $500,000 of requests for public improvements and public services for CDBG projects during the 2014/15 CDBG application period. Affordable rental housing needs were primarily addressed by Developers seeking City funding to support the creation of affordable housing. 5.Leveraging Resources ğ͵LķĻƓƷźŅǤ ƦƩƚŭƩĻƭƭ źƓ ƚĬƷğźƓźƓŭ ͻƚƷŷĻƩͼ ƦǒĬƌźĭ ğƓķ ƦƩźǝğƷĻ ƩĻƭƚǒƩĭĻƭ Ʒƚ ğķķƩĻƭƭ ƓĻĻķƭ͵ City staff, in its funding applications, emphasizes to applicants the need to leverage federal funds. These efforts have been fruitful and projects funded under CDBG, HOME, and ESG have substantially exceeded accomplishments that could be achieved from federal funds alone. Although there is no official match requirement in the CDBG program, in most cases, other funds, such as private funds received through donors or fund raising activities, commercial loans, Gas Tax funds, non-federal funds, are used to supplement and defray project costs. b.How Federal resources from HUD leveraged other public and private resources. The following funding sources leverage the HUD Community Planning and Development (CPD) funds: Federal Programs Section 8 Rental Assistance Program (Section 8 Housing Choice Voucher Program): The Section 8 Housing Choice Voucher Program provides almost $85 million annually in tenant-based rental assistance for very low-income households residing in privately owned rental units. Program participants typically pay between 30 to 40 percent of their monthly-adjusted incomes for rent and utilities. The Housing Authority of the County of San Diego (HACSD) administers the program in the City of Chula Vista and issues the assistance payments directly to the landlords on behalf of the assisted households. City Of Chula Vista Page 12 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 336 Supportive Housing Program (SHP): SHP provides grants to improve the quality of existing shelters and transitional housing, and increases the availability of transitional housing facilities for the homeless. SHP is the primary program supporting transitional housing for the homeless. The /ƚǒƓƷǤƭͲ ΛƷŷğƷ źƓĭƌǒķĻƭ /ŷǒƌğ źƭƷğ ƭĻƩǝźĭĻ ƦƩƚǝźķĻƩƭΜ ЋЉЊЍ /ƚƓƷźƓǒǒƒ ƚŅ /ğƩĻ Λ/!ЏЉЊΜ {It ŭƩğƓƷ totaled approximately $16,170,164 for the San Diego Region. Mortgage Credit Certificate (MCC) Program: The City of Chula Vista participates in MCC Program ƷŷğƷ źƭ ğķƒźƓźƭƷĻƩĻķ ĬǤ ƷŷĻ {ƷğƷĻ ƚŅ /ğƌźŅƚƩƓźğƭ California Housing Finance Agency (Cal-HFA). The MCC program provides home purchase assistance to low- and moderate-income first-time homebuyers with income at or below 115% of the State Median Income. Homebuyers receive a federal income tax credit equal to 20% of the annual interest on their mortgage loan. Previously, the MCC program was administered by the County of San Diego using AHA Housing. Data for this fiscal year will be reported in fiscal year 2015/2016. The Federal Housing Administration-FHA: The FHA provides mortgage insurance on loans made by FHA-approved lenders throughout the United States and its territories. FHA insures mortgages on single-family, multi-family, and manufactured homes. FHA mortgage insurance protects lenders against loss if the homeowner defaults on their mortgage loan. Loans must meet certain requirements established by FHA to qualify for insurance. This program allows homebuyers to purchase a home with a down payment as low as 3.5% of the purchase price and most of your closing costs and fees can be included in the loan. State Programs California Department of Housing and Community Development (State HCD): State HCD administers a number of programs that provide funds that can be combined with other federal and local funds. Low-Income Housing Tax Credits (LIHTC): Federal and State tax credits are used by developers of multi-family housing in return for reserving a portion of the development for moderate-, low-, and very low-income households at affordable rents. These Federal and State tax credits are allocated by the State based on a priority scoring system. Over the years, several non-profit organizations, assisted with City Program funds, have received LIHTC funds. City will continue to encourage organizations to apply for and utilize these funds consistent with the 2005-2010 City of Chula Vista Consolidated Plan. Mental Health Services Act (MHSA): The passage of Proposition 63 (MHSA) in November 2004, provides the first opportunity in many years for the State Department of Mental Health to provide increased funding, personnel and other resources to support county mental health programs and monitor progress toward statewide goals for children, transition age youth, adults, older adults and families. The Act addresses a broad continuum of prevention, early intervention and service needs and the necessary infrastructure, technology and training elements that will effectively support this system. It is anticipated that the MHSA housing funding will be leveraged with the City of Chula źƭƷğƭ ŷƚǒƭźƓŭ ƦƩƚŭƩğƒƭ͵ Cal-HOME Program: This State releases a Notice of Funding Availability each year through a competitive application process that provides funds for mortgage assistance to low-income first- City Of Chula Vista Page 13 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 337 time homebuyers. These funds are to be used to supplement HOME funds and are disbursed in ĭƚƓƆǒƓĭƷźƚƓ ǞźƷŷ ƷŷĻ /źƷǤƭ IƚƒĻĬǒǤĻƩ !ƭƭźƭƷğƓĭĻ tƩƚŭƩğƒ͵ LƓ ЋЉЊЍ ƷŷĻ /źƷǤ ƚŅ /ŷǒƌğ źƭƷğ Ǟğƭ awarded $1,000,000 in Cal-Home Mortgage Assistance grant which will be used to leverage its CPD funds. The California Housing Finance Agency (CalHFA): CalHFA supports the needs of renters and first- time homebuyers by providing financing and programs that create safe, decent and affordable housing opportunities for individuals within specified income ranges. Established in 1975, CalHFA Ǟğƭ ĭŷğƩƷĻƩĻķ ğƭ ƷŷĻ {ƷğƷĻƭ ğŅŅƚƩķğĬƌĻ ŷƚǒƭźƓŭ ĬğƓƉ Ʒƚ ƒğƉĻ ĬĻƌƚǞ ƒğƩƉĻƷΏƩğƷĻ ƌƚğƓƭ ƷŷƩƚǒŭŷ ƷŷĻ sale of tax-exempt bonds. The bonds are repaid by revenues generated through mortgage loans, and not taxpayer dollars. State of California Multi-family Housing Program (MHP): This program provides permanent financing for affordable multi-family housing development, in the form of low-interest loans to developers for new construction, rehabilitation, or acquisition and rehabilitation of permanent or transitional rental housing, and the conversion of nonresidential structures to rental housing. City ƚŅ /ŷǒƌğ źƭƷğƭ \[ğƓķźƓŭƭ L ğŅŅƚƩķğĬƌĻ ŷƚǒƭźƓŭ ƦƩƚƆect received MHP funding. The City will continue to encourage Developers to submit grant applications to leverage its CPD funds. State of California Emergency Housing Assistance Program (EHAP): This program funds emergency shelters, transitional housing, and services for homeless individuals and families. EHAP funds operating costs and support services through grants. Capital development funding is structured as forgivable loans. State of California Housing-Related Parks Program (HRP): This program provides incentives and rewards to local governments for building affordable housing by providing grant money for the creation, development, or rehabilitation of park and recreation facilities. On June 26, 2015, the City was notified of a grant award of $775,925 with a grant agreement expected in September 2015. Local Programs Effective February 1, 2012, all redevelopment agencies in the State of California were dissolved pursuant to AB 1X 26. Although the Redevelopment Agency of the City of Chula Vista (Agency) has been dissolved, all Housing Projects were transferred to the Housing Authority acting as the Successor Housing Agency. Any residual receipt payments and loan payoffs using Low and Moderate Income Housing funds will be used for additional affordable housing projects. City Density Bonus Program s: In December of 2012, the City updated Title 19 of the Chula Vista Municipal Code by the addition of Chapter 19.90 to establish requirements for the reservation and affordability of housing units for very low, lower and moderate income households and senior citizens in residential projects under a city-wide affordable housing incentive program. For example, ƷŷĻ /źƷǤƭ ķĻƓƭźƷǤ ĬƚƓǒƭ ƦƩƚŭƩğƒ źƭ ğķƒźƓźƭƷĻƩĻķ ĬǤ ƷŷĻ /źƷǤ ƚŅ /ŷǒƌğ źƭƷğƭ 5ĻǝĻƌƚƦƒĻƓƷ {ĻƩǝźĭĻƭ Housing Division (DSD-HD) which oversees the occupancy requirements as they relate to eligible income and rent requirements for units developed under these programs. In conformance with State Density Bonus Law, these programs establish provisions by which densities may exceed those City Of Chula Vista Page 14 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 338 set by the City General Plan or further described in a specific plan if the developer reserves some or all of the proposed units for low-income families, seniors, and households with disabled persons, for various periods of time. Private Resources/Financing Programs (Conventional Lending Industry): Banks have participated in providing conventional loans for development of affordable rental units. The banking industry is also active in providing first-time homebuyer assistance in conjunction with State and federal programs. Local Initiatives Support Corporation (LISC): LISC helps resident-led, community-based development organizations transform distressed communities and neighborhoods into healthy ones. By providing capital, technical expertise, training and information, LISC supports the development of local leadership and the creation of affordable housing, commercial, industrial and community facilities, businesses and jobs. Federal Home Loan Bank Community Investment Fund: Grants and loans are made through the Federal Home Loan Bank System, with more than 200 member savings and loan associations. Loans are made through member banks to sponsors of affordable housing and other community revitalization and development activities. c. How matching requirements were satisfied. HOME Match: Please refer to Appendix B, HOME Match Report, HUD Form 40107-A. Note: The City ŷğƭ ĻǣĭĻƭƭ ƒğƷĭŷ ŅƩƚƒ ƦƩźƚƩ ǤĻğƩƭ ķǒĻ źƓ ƦğƩƷ Ʒƚ ƷŷĻ ķĻǝĻƌƚƦƒĻƓƷ ƚŅ ͻƌźƉĻͼ Iha9 ƦƩƚƆĻĭƷƭ źƓĭƌǒķźƓŭ several inclusionary housing developments and Redevelopment Housing Projects. ESG Matchʹ ŷĻ /źƷǤƭ 9{D ŭƩğƓƷ ŅƚƩ C ЋЉЊЍΉЊЎ Ǟğƭ υЊ41,899. Two contracts were awarded during the fiscal year 2014/2015. An Emergency Shelter Contract was award for $68,277 and a Rapid Re- Housing and Homeless Prevention contract of $62,980. An additional $67,285 in roll over funds were also made available for the program. Both contracts were awarded to South Bay Community Services (SBCS). The total expenditures for the reporting year were $172,518. A review of the final year-end report, indicates both projects exceeded the $1 for $1 match requirements of the program. A total of $230,943 in matching funds was provided as indicated below: Source of Match Amount of Match tƩźǝğƷĻ Α ĻƌĻĭğƩĻ /ƚƩƦƚƩğƷźƚƓ $101,797 Other/Donations $50,000 Other/Local $79,146 Total Match $230,943 CDBG Match: CDBG grant funds do not require matching funds. However, funding priority is given to applications which include funds that are leveraged. By these means, the City is ensuring that the programs/projects funded would maintain sustainability without the use of CDBG funds; hence continue providing the services. City Of Chula Vista Page 15 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 339 Managing the Process 1.Describe actions taken during the last year to ensure compliance with program and comprehensive planning requirements. Monitoring for the City of Chula Vista is directed toward programmatic, financial and regulatory performance. The primary objects are to ensure that all sub-recipients: Comply with pertinent regulations governing their administrative, financial, programmatic operations; Achieve their performance objectives within schedule and budget; and, Access capabilities and/or any potential needs for training or technical assistance in these areas. Careful evaluation of the housing and public service delivery system can be the most effective tool in detecting gaps and making appropriate modifications. As such, the City of Chula Vista monitors and ĻǝğƌǒğƷĻƭ źƷƭ ƭǒĬΏƩĻĭźƦźĻƓƷƭͲ /I5hƭͲ ğƓķ /.5hƭ ğƭ ƦğƩƷ ƚŅ ƷŷĻ ƦƩĻΏğǞğƩķ ğƭƭĻƭƭƒĻƓƷ͵ 9ǝğƌǒğƷźƚƓ ƚŅ ƷŷĻ nature of the activity, proposed plan for carrying out thĻ ğĭƷźǝźƷǤͲ ƷŷĻ ƚƩŭğƓźǩğƷźƚƓƭ ĭğƦğĭźƷǤ Ʒƚ ķƚ ƷŷĻ ǞƚƩƉͲ and the possibility of potential conflicts of interest are within the pre-award assessment. After awards have been made Quarterly Progress reports are required of each sub-recipient, which must be current prior to approval of any request for reimbursement of expenditures. In addition to the Quarterly Progress reports, annual monitoring is conducted to ensure compliance with federal regulations. Agreements made with sub-recipients encourage uniform reporting to achieve consistent information on ĬĻƓĻŅźĭźğƩźĻƭ͵ ĻĭŷƓźĭğƌ ğƭƭźƭƷğƓĭĻ źƭ ƦƩƚǝźķĻķ ƷŷƩƚǒŭŷƚǒƷ ƷŷĻ ǤĻğƩͲ źƓ ğķķźƷźƚƓ Ʒƚ ƷŷĻ /źƷǤƭ ğƓƓǒğƌ Subrecipient training for new applicants. During FY 2014/2015, the City CDBG Program met the CDBG expenditure standard by the deadline of April ЌЉͲ ЋЉЊЎ͵ ŷĻ /źƷǤƭ ĬğƌğƓĭĻ ƚŅ ǒƓĻǣƦĻƓķĻķ ŅǒƓķƭ Ǟğƭ ĬĻƌƚǞ ƷŷĻ ĭğƦ ƩĻƨǒźƩĻƒĻƓƷ ƚŅ Њ͵Ў͵ During FY 2014/15, the City HOME Program met the commitment deadline by committing $250,000 of HOME funds to the Tenant-based Rental Assistance Program. The City also met and exceeded its expenditure requirements by the deadline. Please see attached HUD Performance Report in Exhibit B. During FY 2014/2015, the ESG Program also met HUD requirements for commitment and expenditure of funds. ESG recipients are required to obligate all ESG amounts within 180 days of the date of the grant award made by HUD, and must expend all of the grant amounts within 24 months of the date of the grant award. All contracts were awarded by October, 2014. CDBG housing and community development projects implemented during FY 2014/15 addressed the needs and objectives set out in the 2010-2015 Consolidated Plan. CDBG funds were distributed between activities supporting: community development, housing development, residential rehabilitation, public services, and administration. Based on the Financial Summary Report, 100% of the CDBG expenditures, excluding planning and administration, were used for activities that benefited low- and moderate-income persons during FY 2014/15. The CDBG regulations require that at least 70% of annual expenditures benefit lower-income people. City Of Chula Vista Page 16 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 340 Citizen Participation 1.Provide a summary of citizen comments. A Notice was published in the Star News and El Latino on September 11, 2015 to announce the availability of the FY 2014/2015 City of Chula Vista Consolidated Annual Performance and Evaluation Reports (CAPER) for public review and allow a 15-day period (September 11, 2015 through September 26, 2015) to receive comments. The CAPER, including IDIS Activity and Financial Reports and this Narrative Report, was available for citizen review. No public comments were received during the comment period. The performance reports will also be made available to City Council and to community residents during the Fall 2015 Public Hearing to start off the 2016/2017 CPD Program Application Period. At this City Council Public Hearing, the public will once again be provided with an opportunity to review and discuss FY 2014/15 accomplishments. 2.In addition, the performance report provided to citizens must identify the Federal funds made available for furthering the objectives of the Consolidated Plan. For each formula grant program, the grantee shall identify the total amount of funds available (including estimated program income), the total amount of funds committed during the reporting period, the total amount expended during the reporting period, and the geographic distribution and location of expenditures. Jurisdictions are encouraged to include maps in describing the geographic distribution and location of investment (including areas of minority concentration). The geographic distribution and expenditure requirement may also be satisfied by specifying the census tracts where expenditures were concentrated. CDBG: Funds Available 2014/2015 Entitlement $1,719,498 Program Income $ 75,341 Total Available $1,794,839 The total amount of funds expended for 2014/15was $1,703,999. This included $756,174 for Section 108 repayments, $347,390 for planning/administration functions (including HMIS) and $241,750 for public services. The remaining was utilized for other community enhancement and capital improvement ƦƩƚƆĻĭƷƭ͵ bƚ ƭƦĻĭźŅźĭ ĭĻƓƭǒƭ ƷƩğĭƷƭ ƩĻĭĻźǝĻķ ğ ĭƚƓĭĻƓƷƩğƷźƚƓ ƚŅ ƷŷĻ /5.D ŅǒƓķƭ͵ wĻŅĻƩ Ʒƚ !ƦƦĻƓķźǣ ͻ!ͼ ΛL5L{ wĻƦƚƩƷƭ Α twЋЏΜ͵ HOME: HUD allocated $631,125 in HOME funds to the City for FY 2014/15. A total of $63,113 in HOME Administration funds was utilized to manage the program. An additional $285,314 of prior year HOME funds was utilized to support affordable housing activities including: First Time Homebuyer Program o Acquisition Rehab Rental Project o City Of Chula Vista Page 17 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 341 ESG: During FY 2014/15, City of Chula Vista received $141,899 in ESG funding. In addition, prior year funds for administration and the Rapid ReHousing program were utilized. A total of $15,627 was expended on ESG program administration and $68,277.74 was expended on the Casa Nueva Vida Shelter for short term transitional housing operations and essential services. $104,241 was expended on a Homeless Prevention and Rapid-Rehousing Program. No program income was generated under the ESG Program. Total Expenditures for 2014/2015 were $188,145.74. Institutional Structure 1.Describe actions taken during the last year to overcome gaps in institutional structures and enhance coordination. Institutional Structures: There were no changes in the institutional structure as described in the five- year Consolidated Plan. Intergovernmental Cooperation: The structures identified in the five-year Consolidated Plan continue to act as coordinating organizations for strengthening cooperation among the various affordable housing development agencies. The City continues to be a leader in the region in affordable housing. The City of Chula Vista participates in intergovernmental activities that include the Regional Task Force on the Homeless, Regional Continuum of Care Council, San Diego Association of Governments, Plan to End Chronic Homelessness, South Bay Homeless Advocacy Coalition, Mortgage Credit Certificate Program, San Diego Regional Alliance for Fair Housing, Regional Assessment of Impediments to Fair Housing Choice, and coordination of the interagency CDBG/HOME Coordinators. Internally, the City developed an Administrative Manual for the Federal Grant Programs which is utilized to further define the roles and responsibilities of staff involved in the daily administration of the grant programs. Monitoring 1.Describe how and the frequency with which you monitored your activities. To ensure compliance with HUD program requirements, the City holds annual mandatory training sessions for new non-profit Subrecipients that implement funded activities. The training provides information related to project implementation, procurement and contracting, applicable regulations, and financial management. Project managers are made aware of local, State, and federal regulations that apply to these programs and are provided with ğ ĭƚƦǤ ƚŅ I 5ƭ ƷƩğźƓźƓŭ ƒğƷĻƩźğƌƭ źƓĭƌǒķźƓŭ tƌğǤźƓŭ by the Rules. In addition, City grant administrators provide ongoing technical assistance to subrecipients of all entitlement programs throughout the year. All contracts funded by CDBG, HOME, and ESG specify monitoring, inspecting, and reporting requirements. Monitoring requirements vary by funding source. City Of Chula Vista Page 18 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 342 Each year, the City monitors a select number of projects that are identified based on high-risk and special circumstances. During FY 2014/15, affordable rental projects were monitored by reviewing Semi-Annual Progress Reports that include project accomplishments, information on the number of families assisted, proof of current insurance coverage, annual audits, management reports, compliance with rent restrictions, and property maintenance documents. In addition, staff conducts onsite file reviews and unit inspections to ensure compliance with the local housing codeƭ ğƭ ǞĻƌƌ ğƭ I 5ƭ IƚǒƭźƓŭ vǒğƌźƷǤ {ƷğƓķğƩķƭ͵ Community development and public facility and infrastructure improvements were monitored by review of claims and supporting documentation, on-site file review, and an occasional onsite visit of the project. Homeless programs were monitored by review of claims and supporting documentation, onsite file ƩĻǝźĻǞͲ ğƓķ ǒƓźƷ źƓƭƦĻĭƷźƚƓƭ Ʒƚ ĻƓƭǒƩĻ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ ƌƚĭğƌ ŷƚǒƭźƓŭ ĭƚķĻƭ ğƭ ǞĻƌƌ ğƭ I 5ƭ IƚǒƭźƓŭ Quality Standards. Home repair loan program and homebuyer assistance programs were monitored through certification. The process of certification includes database queries, mailing certification notices to all outstanding loans, and verifying owner occupancy. 2.Describe the results of your monitoring including any improvements. During FY 2014/15, City staff monitored various CDBG, HOME, and ESG Subrecipient/Contractor projects. The monitored projects were funded through the following programs, in whole or in part: CDBG and ESG: !ƌƌ ƭǒĬƩĻĭźƦźĻƓƷƭ ǞĻƩĻ ƒƚƓźƷƚƩĻķ ƚƓ ƭźƷĻ źƓ Ņźƭĭğƌ ǤĻğƩ ЋЉЊЍΉЋЉЊЎ͵ ŷĻ /źƷǤƭ ƦƩğĭƷźĭĻ źƭ to monitor CDBG Subrecipients at lease annually via desk audit and every other year with an on-site visit that covers two fiscal years (previous and current). In fiscal year 2014/2015, quarterly reports were performed prior to paying final claim. The City contracts with AmeriNational for servicing our rehabilitation loans that includes providing pay off notices, insurance requirements, and occupancy requirements. The City contracted with B. Adair Consulting to conduct the CDBG Subrecipient monitoring for years 2013/2014 and 2014/2015. Due to increased scrutiny of the expenditure of HUD grant funds, the City met and reiterated to all Subrecipients the requirements to have complete and updated Policies and Procedures particularly for those organizations which have undergone reorganizations and changes in staff. HOME: The City contracts with Compliance Services to monitor its HOME affordable housing units using an online data reporting software. City of Chula Vista staff conducted onsite monitoring, residual receipt analysis, and review of the semi-annual reporting submitted by the Developers. City reviews all reports received and provides feedback to its contractors and Developers. The monitored HOME rental units were generally found to be in compliance with their regulatory agreements. The monitored HOME assisted homebuyer participants were also sent their annual owner occupancy certifications. As a result of the monitoring, one homeowner file was subject to an audit that required the repayment of the HOME Investment. No other major problems have been noted. The City continues to monitor owner occupancy for its loan portfolio using computer matching records, including County Tax Collector records. City Of Chula Vista Page 19 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 343 Technical Assistance was provided to each subrecipient, contractor, or affordable housing developer and were provided with resources to better manage their projects. A property manager training was scheduled for September 2015 to discuss best practices that may affect the day to day operations of the projects. 3.Self Evaluation a.Describe the effect programs have in solving neighborhood and community problems. Over the years, the entitlement programs have helped to solve various neighborhood and community problems. The CDBG Program has funded various community development projects to focus funds in geographic areas with concentrations of lower-income people and where there are deficiencies in public improvements and facilities. Because each community has a unique set of conditions and priorities, recommendations for ŅǒƓķźƓŭ ğƩĻ ĬğƭĻķ ƚƓ Ļğĭŷ ĭƚƒƒǒƓźƷǤƭ ƓĻĻķƭ͵ LƓ ğķķźƷźƚƓͲ ƦŷǤƭźĭğƌ ƩĻǝźƷğƌźǩğƷźƚƓ źƒƦƩƚǝĻƭ ƷŷĻ quality of life for residents in the targeted communities. In addition, over the years, the City NOFA process has funded several projects that further the development of affordable housing. Such projects included acquisition, rehabilitation, and new construction of housing partially financed with ƌƚğƓƭ ǒƓķĻƩ ƷŷĻ Iha9 tƩƚŭƩğƒ͵ ŷĻ /źƷǤƭ bhC! projects have made visible improvements to ǝğƩźƚǒƭ ĭƚƒƒǒƓźƷźĻƭ źƓ ƷŷĻ /źƷǤƭ ƆǒƩźƭķiction as well as surrounding areas. !ƌƌ ğŅŅƚƩķğĬƌĻ ŷƚǒƭźƓŭ ƦƩƚƆĻĭƷƭ ğƩĻ ŷźŭŷ ĻƓĭƚǒƩğŭĻķ Ʒƚ ĻƓƩƚƌƌ źƓ ƷŷĻ /źƷǤƭ ƭǒĭĭĻƭƭŅǒƌ /ƩźƒĻ CƩĻĻ Prevention Program. Ĭ͵5ĻƭĭƩźĬĻ ƦƩƚŭƩĻƭƭ źƓ ƒĻĻƷźƓŭ ƦƩźƚƩźƷǤ ƓĻĻķƭ ğƓķ ƭƦĻĭźŅźĭ ƚĬƆĻĭƷźǝĻƭ ğƓķ ŷĻƌƦ ƒğƉĻ ĭƚƒƒǒƓźƷǤƭ vision of the future a reality. Progress is steady in meeting the priority needs and objectives outlined in the five-year Consolidated Plan. Please refer to the activities described previously the Performance Measurement Section (page 1) and under Housing Objectives and Community Development Objectives for detailed information on activity status. c.Describe how you provided decent housing and a suitable living environment and expanded economic opportunity principally for low and moderate-income persons. 1.Decent Housing The City identified housing as a high priority under its 2010-2015 Consolidated Plan. Each year, the City ensures that grant funds are allocated for this purpose. By funding activities such as rehabilitation loans, residents are offered the opportunity to make health and safety related improvements and improve their quality of life. Historically, the City has offered approximately 10-15 rehabilitation loans annually. Households are also provided financial assistance to ƦǒƩĭŷğƭĻ ƷŷĻźƩ ŅźƩƭƷ ŷƚƒĻ ƷŷƩƚǒŭŷ ƷŷĻ /źƷǤƭ CźƩƭƷ źƒĻ IƚƒĻĬǒǤĻƩ tƩƚŭƩğƒ͵ wĻĭĻƓƷƌǤͲ ƷŷĻ /źƷǤ has also implemented an Acquisition/Rehabilitation for Rental program. Homes are purchased and upgraded for the purpose of providing affordable rental opportunities to very low income households. City Of Chula Vista Page 20 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 344 2.Suitable Living Environment: Progress is being made in meeting the priority needs and objectives outlined in the five-year Consolidated Plan. Providing a suitable living environment is the sole purpose of the grant funds. The City acknowledges the importance of providing our special needs residents with safe and adequate ramps. During the 2012 Program Year, the City continued its efforts in providing pedestrian ramps in compliance with the American Disability Act. In 2006 the City received a $9.5million Section 108 Loan for use in the Castle Park Area. The purpose of the loan was to provide residents of the Castle Park Area with new streets, sidewalks, curbs and gutters. A total of 9 streets were improved by new streets, sidewalks, curbs, gutters and new lighting. Improving the quality of life for the Castle Park residents. 3.Expanded Economic Opportunities Providing economic opportunities is vital in our City. Although the City did not undertake any economic development activities with its grant funds, it did utilizing other funding sources such as General Fund funds. ŷĻ /źƷǤ ƚŅ /ŷǒƌğ źƭƷğƭ Economic Development Department focuses on facilitating retail, commercial and industrial prosperity for today’s businesses. Chula Vista realizes that astrong local economy creates quality work options for itsresidents and generates revenues for vital public infrastructure and services needed for a high quality of life. The focus compliments major long range projects like the Bayfront Master Plan, University Research Center, and planned community development that are an integral contribution to the City’s economic sustainability. During 2014/15 ED developed a work plan which focuses on accomplishing three primary objectives; business support, project development and regional collaboration. The overall focus is to leverage city staff, the community and the region to get the word out on why Chula Vista is the place for companies to locate their business.The goal is to be consistent in performance, offer exceptional customer service, be competitive in costs and continue to be innovative in the approach to sustainability and becoming a smart city. The WorkPlan may be accessed at http://www.chulavistaca.gov/businesses/work-plan-2015-2016. a.Indicate any activities falling behind schedule. Progress is steady in meeting a majority of the priority needs and objectives outlined in the five-year Consolidated Plan. City staff continually meets with Subrecepients and City Departments to ensure slower moving projects are completed timely and do not affect the City expenditure requirements th (i.e. 1.5 April 30 test). b.Describe how activities and strategies made an impact on identified needs. Housing development projects, homeownership assistance programs, infrastructure improvements, and construction and improvement of neighborhood facilities have improved the lives of residents in the targeted communities and have created a better living environment in areas that are predominately low-income. One of the mechanisms utilized to address the needs identified by the community was to revise the funding methodology for CDBG public service dollars. By establishing a 3-Tier system, the City was able to give priority to those activities providing the most benefit to the neediest of the community. City Of Chula Vista Page 21 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 345 c.Identify indicators that would best describe the results. ŷĻ I 5 źƓķźĭğƷƚƩƭ ƷŷğƷ Ǟƚǒƌķ ĬĻƭƷ ķĻƭĭƩźĬĻ ƷŷĻ ƩĻƭǒƌƷƭ ƚŅ ƷŷĻ /źƷǤƭ ĻƓƷźƷƌĻƒĻƓƷΏŅǒƓķĻķ ğĭƷźǝźƷźĻƭ include the number of persons assisted, amount of money leveraged, number of affordable units, years of affordability, number of households previously living in subsidized housing and number of ĬĻķƭ ĭƩĻğƷĻķ͵ ŷĻ /źƷǤ ƷƩğĭƉƭ ƷŷĻƭĻ źƓķźĭğƷƚƩƭ źƓ I 5ƭ LƓƷĻŭƩğƷĻķ 5źƭĬǒƩƭĻƒĻƓƷ ğƓķ LƓŅƚƩƒğƷźƚƓ System (IDIS), as well as other HUD-defined indicators, by activity. In addition, the Department of IƚǒƭźƓŭ ğƓķ ƩĬğƓ 5ĻǝĻƌƚƦƒĻƓƷƭ ǞĻĬƭźƷĻƭ ƦƩƚǝźķĻƭ ƦƩƚŭƩğƒ ƦƩƚŭƩĻƭƭ ƩĻƦƚƩƷƭ ƚƓ ƷŷĻ /źƷǤƭ Iha9 program are available at the following website: https://www.hudexchange.info/manage-a- program/home-performance-snapshot-and-pj-rankings-reports/ The City is currently ranked in the top quartile (23 out of 94) PJs within the State of California and nd nd ranks in the 72 percentile in its group and 72 percentile overall (e.g., a percentile rank of 72 means that the performance exceeds that of 72% of PJs). Please see Appendix C for a copy of the report. d.Identify barriers that had a negative impact on fulfilling the strategies and overall vision. Over the past several years, housing prices in the City of Chula Vista have decreased, while incomes remain relatively stable. In addition, the main obstacle to meeting all the identified community needs, including housing, is lack of funding. Limited funds are available through the entitlement programs and annual allocations continue to shrink. Needs are far greater than available resources. Tight underwriting standards by financial institutions, continues to provide challenges for our first time homebuyers and affordable housing developers. e.Identify whether major goals are on target and discuss reasons for those that are not on target. Major goals identified in the five-year plan are on target. CDBG, ESG, and HOME funds are approved by the Chula Vista City Council prior to the start of each program year in order to expedite expenditures and keep program goals on target. f.Identify any adjustments or improvements to strategies and activities that might meet your needs more effectively. No major adjustments have been implemented as a result of our experiences during the reporting period. The City of Chula Vista continually monitors its progress and makes minor adjustments as necessary to keep the projects moving and to keep expenditures on target. Lead-based Paint 1.Describe actions taken during the last year to evaluate and reduce lead-based paint hazards. The City of Chula Vista has a two-tiered approach to the evaluation and elimination of lead-based paint hazards where the problem has been determined to be most prevalent. The CounƷǤ ƚŅ {ğƓ 5źĻŭƚƭ ƌĻğķΏ based paint hazard evaluation program, known as the Childhood Lead Poisoning Prevention Program (CLPPP), involves outreach, screening, case management, and public education. The overall lead poisoning program is administered through the County of San Diego, Department of Health Services (DHS). City Of Chula Vista Page 22 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 346 The City also has in place a loan/grant program to assist homeowners alleviate lead-based paint hazards through the Community Housing Improvement Program (CHIP); however, the City utilizes Low and Moderate Income Housing Funds for this purpose. !ƭ ƦğƩƷ ƚŅ ƷŷĻ /źƷǤƭ CźƩƭƷΏƷźƒĻ IƚƒĻĬǒǤĻƩƭ tƩƚŭƩğƒͲ ĻƓğƓƷ .ğƭĻķ wĻƓƷğƌ !ƭƭźƭƷğƓĭĻ tƩƚŭƩğƒͲ ğƓķ Residential Rehabilitation Program, lead-based paint hazard evaluation and remediation is incorporated into these programs as follows: Owners are provided with information regarding: 1) Sources of LBP, 2) Hazards and Symptoms, 3) Blood Lead Level Screening, 4) Precautions, 5) Maintenance and Treatment of LBP Hazards, 6) Tenant and Homebuyer responsibilities prior to rehabilitation loan/grant approval, the homeowner read and sign a ĭƚƦǤ ƚŅ źƓŅƚƩƒğƷźƚƓ ƩĻĭĻźǝĻķ͵ LƓ ğķķźƷźƚƓͲ ƷŷĻ /źƷǤƭ .ǒźƌķźƓŭ ğƓķ {ğŅĻƷǤ 5ĻƦğƩƷƒĻƓƷ ĭŷĻĭƉƭ ŅƚƩ ƭźŭƓƭ ƚŅ LBP when inspecting for code violations and physical condition of the properties being assisted, and abatement should occur based on federal guidelines pertaining to the amount of assistance given. The City is interested in applying for the next round of Lead Hazard Protection grant funds that are available. The Environmental Health Coalition is suƦƦƚƩƷźǝĻ ƚŅ ƷŷĻ /źƷǤƭ źƓƷĻƩĻƭƷ źƓ ƚĬƷğźƓźƓŭ ŭƩğƓƷ funds. Housing Needs Describe Actions taken during the last year to foster and maintain affordable housing. The following actions were taken during FY 2014/2015 to foster and maintain affordable housing: ƷźƌźǩĻķ ƷŷĻ /źƷǤƭ !ŅŅƚƩķğĬƌĻ IƚǒƭźƓŭ !ŭƩĻĻƒĻƓƷ Ņƚr all new housing developments occurring in Chula Vista which stipulates that 10 percent of the total dwelling units in a new development (with few ĻǣĭĻƦƷźƚƓƭΜ ƒǒƭƷ ĬĻ ƭĻƷΏğƭźķĻ ŅƚƩ ƌƚǞ ğƓķ ƒƚķĻƩğƷĻ źƓĭƚƒĻ ŷƚǒƭĻŷƚƌķƭ źƓ ğĭĭƚƩķğƓĭĻ ǞźƷŷ ƷŷĻ /źƷǤƭ Guidelines to the Balanced Communities Policy, adopted in 1981 by City Council and amended in September 2012. This inclusionary housing requirement is strongly supported by the City Council and has made it possible for affordable units to be co-mingled with market-rate units in all areas of the City. 5ǒƩźƓŭ ƷŷĻ ƩĻƦƚƩƷźƓŭ ƦĻƩźƚķͲ Ɠƚ ǒƓźƷƭ ǞĻƩĻ ğķķĻķ Ʒƚ ƷŷĻ /źƷǤ ƚŅ /ŷǒƌğ źƭƷğƭ ğŅŅƚƩķğĬƌĻ ŷƚǒƭźƓŭ portfolio using this program. One new project received a reservation of HOME funds for the construction of an eighty-seven (87) unit affordable housing project. This project is expected to receive a HOME Commitment by March 2015 once all the other funding sources have been secured to complete the project. Continued the Community Housing Improvement Program (CHIP). The purpose of this program is to assist low income households rehabilitate their existing home. Both single-family and mobile homes are eligible to receive assistance. A Substantial Amendment was approved by City Council on February 3, 2015 to add an additional $231,500 to the CHIP program. /ƚƓƷźƓǒĻķ ƷŷĻ /źƷǤƭ !ĭƨǒźƭźƷźƚƓΉRehabilitation/Rental program using HOME funds leveraged with Neighborhood Stabilization Program funds. City Of Chula Vista Page 23 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 347 /ƚƓƷźƓǒĻķ ƷŷĻ /źƷǤƭ CźƩƭƷ źƒĻ IƚƒĻĬǒǤĻƩ tƩƚŭƩğƒ͵ Specific Housing Objectives 1.Evaluate progress in meeting specific objective of providing affordable housing, including the number of extremely low-income, low-income, and moderate-income renter and owner households comparing actual accomplishments with proposed goals during the reporting period. 2.Evaluate progress in providing affordable housing that meets the Section 215 definition of affordable housing for rental and owner households comparing actual accomplishments with proposed goals during the reporting period. Ќ͵5ĻƭĭƩźĬĻ ĻŅŅƚƩƷƭ Ʒƚ ğķķƩĻƭƭ ͻǞƚƩƭƷΏĭğƭĻͼ ŷƚǒƭźƓŭ ƓĻĻķƭ ğƓķ ŷƚǒƭźƓŭ ƓĻĻķƭ ƚŅ ƦĻƩƭƚƓƭ ǞźƷŷ ķźƭğĬźƌźƷźĻƭ͵ Please refer to the General Section under the Housing Section. Public Housing Strategy 1.Describe actions taken during the last year to improve public housing and resident initiatives. The City of Chula Vista consulted with the Housing Authority of the County of San Diego concerning consideration of the local public housing agency (PHA) needs and planned program activities. The Housing Authority of the County of San Diego (HACSD) operates four conventional public housing developments in Chula Vista, with a total of 121 units. They are all managed by Terrantino Property Management and were recently upgraded to meet ADA and Section 504 compliance. These public housing units include: 5ƚƩƚƷŷǤ {ƷƩĻĻƷ ağƓƚƩ Α ЋЋ ƌƚǞ źƓĭƚƒĻ ŅğƒźƌǤ ǒƓźƷƭ aĻƌƩƚƭĻ ağƓƚƩ Α ЋЍ ƌƚǞ źƓĭƚƒĻ ŅğƒźƌǤ ǒƓźƷƭ ƚǞƓ /ĻƓƷƩĻ ağƓƚƩ Α ЎВ ƌƚǞ źƓĭƚƒĻ ƭĻƓźƚƩΉķźƭğĬƌĻķ ǒƓźƷƭ \[ {ƷƩĻĻƷ ağƓƚƩ Α ЊЏ ƌƚǞ źƓĭƚƒĻ ŅğƒźƌǤ ǒƓźƷƭ Barriers to Affordable Housing 1.Describe actions taken during the last year to eliminate barriers to affordable housing. The most evident market constraints on the provision of adequate and affordable housing are land costs, construction costs, and access to financing. The City and individual cities have little influence over market constraints, but can provide incentives or assistance to overcome the impacts of market City Of Chula Vista Page 24 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 348 constraints. Major governmental constraints to affordable housing development include land use policies governed by the General Plan; zoning and development codes and development and planning fees imposed by the City; and growth management policies. Periodic community and sub regional plan updates are now part of the City planning process and these incorporate Housing Element data, regional shared goals, and vacant land survey information into ƷŷĻ ƩĻǝźĻǞ ƦƩƚĭĻƭƭ͵ ŷĻ /źƷǤƭ DĻƓĻƩğƌ tƌğƓ źƭźƚƓ ЋЉЋЉ Ǟğƭ ğķƚƦƷĻķ ƚƓ 5ĻĭĻƒĬĻƩ ЊЎͲ ЋЉЉЎ ΛDt ЋЉЋЉΜ ğƓķ źƭ ğ ƉĻǤ ķƚĭǒƒĻƓƷ ƷŷğƷ ĻǣƦƩĻƭƭĻƭ ƷŷĻ /źƷǤƭ vision, and is a key document that guides and underlźĻƭ ķĻĭźƭźƚƓƭ ƒğķĻ ğĬƚǒƷ ƷŷĻ /źƷǤƭ ŅǒƷǒƩĻ͵ The Housing Element is part of the comprehensive general plan update, GP 2020, for the entire City. The /źƷǤƭ ğĬźƌźƷǤ Ʒƚ ƦƩƚǝźķĻ ƌğƓķ ƷŷğƷ ƒĻĻƷƭ źƷƭ ŷƚǒƭźƓŭ ƓĻĻķƭ źƭ ķĻƦĻƓķĻƓƷ ǒƦƚƓ Dt ЋЉЋЉ ƌğƓķ ǒƭĻ designations. This element was written to provide long-range policy direction consistent with the GP 2020 planning horizon, combined with short-term implementing programs for the current, five-year housing element cycle. Because the provision of adequate housing sites is dependent upon the GP 2020 Land Use Element, a key Housing Element program is developing zoning consistent with its land use designations. City fees are determined by the cost to the City for processing permits. These permit processing fees are a full-cost recovery system with the intention that the developer (rather than the City) bears the cost of processing required applications. The costs of these permits are often passed on to the consumer in the form of higher housing prices. However, the City has taken steps to reduce the costs of processing residential building permits. The 2013-2020 Housing Element for the City of Chula Vista contains an inventory of vacant residential sites. The Element shows that there are adequate residential sites designated at appropriate densities Ʒƚ ğĭĭƚƒƒƚķğƷĻ ƷŷĻ /źƷǤƭ ƭŷğƩĻ ƚŅ ƷŷĻ ƩĻŭźƚƓğƌ housing need. Policy 1 of the Housing Element avows ƷŷĻ /źƷǤƭ ĭƚƒƒźƷƒĻƓƷ Ʒƚ ŅğĭźƌźƷğƷĻ ğŅŅƚƩķğĬƌĻ ŷƚǒƭźƓg development by continuing to identify adequate sites with appropriate zoning, development standards, and adequate public infrastructure and services. Policy 11 of the 2013-2020 Housing Element for the City of Chula Vista affirms pro-active źƒƦƌĻƒĻƓƷğƷźƚƓ ƚŅ ƷŷĻ /ƚǒƓƷǤƭ ķĻƓƭźƷǤ ĬƚƓǒƭ ƦƩƚŭƩğƒƭ źƓ ƚƩķĻƩ Ʒƚ ŅğĭźƌźƷğƷĻ ƷŷĻ ķĻǝĻƌƚƦƒĻƓƷ͵ Density bonus developments are subject to discretionary review for consistency with zoning, potential environmental impacts, and compatibility with adjacent developments. Although the City has made substantial efforts in recent years to reduce time and costs required for processing permits, the consideration and resolution of complex issues involved in some developments can be costly. The City of Chula Vista will continue to collaborate with non-profit organizations in the development of affordable housing. In order to achieve this objective, City of Chula Vista Housing Element policies have been recommended to make financial resources available to non-profit entities. The City of Chula Vista Housing Element contains policies to guide the development of affordable housing and housing for all ƭĻŭƒĻƓƷƭ ƚŅ ƷŷĻ ƦƚƦǒƌğƷźƚƓ͵ ŷĻ ͻ/źƷǤ ƚŅ /ŷǒƌğ źƭƷğ IƚǒƭźƓŭ 9ƌĻƒĻƓƷ ЋЉЊЌΏЋЉЋЉͼ ĭğƓ ĬĻ ƚĬƷğźƓĻķ ŅƩƚƒ the City of Chula Vista Development Services-Housing Division 276 Fourth Avenue Chula Vista, CA 91910. City Of Chula Vista Page 25 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 349 Home Investment Partnerships Act (HOME) 1.Assessment of Relationship of HOME Funds to Goals and Objectives a.Evaluate progress made toward meeting goals for providing affordable housing using HOME funds, including the number and types of households served. Please refer to the activities described in the Performance Measurement for Open Projects during Program Year Table 1 2.HOME Match Report a.Use HOME Match Report HUD-40107-A to report on match contributions for the period covered by the Consolidated Plan program year. Please refer to Appendix B. 3.HOME MBE and WBE Report a.Use Part III of HUD Form 40107 to report contracts and subcontracts with Minority Business 9ƓƷĻƩƦƩźƭĻƭ Λa.9ƭΜ ğƓķ ƚƒĻƓƭ .ǒƭźƓĻƭƭ 9ƓƷĻƩƦƩźƭĻƭ Λ.9ƭΜ͵ Please refer to Appendix B for Minority Busineƭƭ 9ƓƷĻƩƦƩźƭĻƭ ğƓķ ƚƒĻƓƭ ĬǒƭźƓĻƭƭ 9ƓƷĻƩƦƩźƭĻƭ reporting. 4.Assessments a.Detail results of on-site inspections of rental housing. Ĭ͵5ĻƭĭƩźĬĻ ƷŷĻ Iha9 ƆǒƩźƭķźĭƷźƚƓƭ ğŅŅźƩƒğƷźǝĻ ƒğƩƉĻƷźƓŭ ğĭƷźƚƓƭ͵ c.Describe outreach to minority and women owned businesses. On-site inspections of rental housing: During FY 2014/15, affordable rental projects were monitored by review of Semi-Annual Affordable Housing Reports (SAAH) that include project accomplishments, information on the number of families assisted, proof of current insurance coverage, annual audits, management reports, compliance with rent restrictions, and property maintenance documents that are submitted to the department annually. In addition, Consultants and Staff conducted on-site file reviews and unit inspections to ensure compliance with the Housing Quality Standards and Local City Code requirements. During FY 2014/15, the City of Chula Vista conducted on-site monitoring of affordable housing projects that were scheduled during the year and all projects in accordance with HOME, CDBG, and ESG regulations. Of the projects monitored in FY 2014/15, no major problems have been noted. Technical assistance was made available to developers to clğƩźŅǤ I 5ƭ Iƚƌķ IğƩƒƌĻƭƭ tƚƌźĭĻ ğƓķ ĭŷğƓŭĻƭ źƓ Iha9 rents and utility allowances. Affirmative Fair Housing Marketing Program: Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons in the housing market area to available housing without regard to race, color, national origin, sex, religion, familial status, or disability. To do this, the City has contracted with South Bay Community Services to serve as its Fair Housing Program City Of Chula Vista Page 26 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 350 Administrator. South Bay Community Services has is also a Fair Housing Program Administrator for the County of San Diego Housing Authority Public Housing and Section 8 program participants. Through their joint efforts, these organizations sponsor public fair housing educational activities, fair housing outreach activities, and fair housing referral activities. CSA of San Diego County administers and monitors all City fair housing efforts, including the City's Affirmative Fair Housing Marketing Program. This program requires that all housing developers prepare a marketing plan. CSA of San Diego County counsels owners on items needed to be included in the plans and reviews and approves the plans. aźƓƚƩźƷǤΉƚƒĻƓƭ .ǒƭźƓĻƭƭ hǒƷƩĻğĭŷʹ ŷĻ /źƷǤ ƚŅ Chula Vista has a minority outreach program for projects funded by the entitlement programs within its jurisdiction that ensures the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women. Certain procedures are in place during contracting and project implementation to assure that minority business enterprises and women business enterprises are used when possible in the procurement of ƦƩƚƦĻƩƷǤ ğƓķ ƭĻƩǝźĭĻƭ͵ ŷĻƭĻ źƓĭƌǒķĻ ĻƓĭƚǒƩğŭĻƒĻƓƷ ƚŅ ĭƚƓƷƩğĭƷźƓŭ ǞźƷŷ ƒźƓƚƩźƷǤ ğƓķ ǞƚƒĻƓƭ businesses written into all bid packages and published notices soliciting contractors for work on HUD- funded community development projects, as well as statements in the Notices of Funding Availability for affordable housing development. In addition, informational materials are distributed at the Subrecipient Training Workshops held each year for non-profit organizations. The City of Chula Vista also includes Section 3 provisions of the Housing and Community Development Act of 1968 in both its NOFAs to all housing sponsors and in any contracts using CDBG or HOME funds. Subrecipient training workshops also cover the requirements of Section 3 for those receiving federal funds. Homeless Needs 1.Identify actions taken to address needs of homeless persons. For the last few years, the City has allocated Community Development Block Grant (CDBG) funds to South Bay Community Services (SBCS) for youth and family support services and housing services. Located in Chula Vista, SBCS offers assistance to ƦĻƩƭƚƓƭ Ǟŷƚ ğƩĻ ͻƓĻğƩ ŷƚƒĻƌĻƭƭͼ ƷŷƩƚǒŭŷ ĭƚƚƩķźƓğƷźƚƓ of available services and financial resources and counseling in such matters as financial management and family support. For FY 2014/15 Chula Vista continued to support services geared toward the addressing the needs of the homeless population including: The South Bay Food Program was awarded $10,000 to operate Thursday's Meal (weekly hot meals), Feeding America's Metro Mobile Pantry program which has expanded to a second Chula Vista location, Emergency Food Assistance Program and SBCS's in-house Emergency Food Program for homeless and needy Chula Vista residents/families in need of food services and support. During the reporting year, a total of 293 (unduplicated) persons were served. City Of Chula Vista Page 27 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 351 South Bay Community Services-Casa Nueva Vida I was awarded $68,277 through the Emergency Solutions Grant program (formerly known as Emergency Shelter Grant), to support the operation of the Casa Nueva Vida which provides services in Chula Vista. These services aim at homeless families, most of them victims of domestic violence. They aim to develop a comprehensive strength-based family assessment, after which together they develop a treatment plan so the clients can work to re-establish self-sufficiency and end their homelessness. Funds are used for operating and essential costs including child care and bus vouchers. South Bay Community Services sub-contracted with the Regional Task Force on the Homeless to help support homeless research, distribution of homeless information, and homeless referral services. The RTFH operates a unique (HUD mandated) Homeless Management Information Systems that allows services agencies to track homeless client information through a central database. Interfaith Shelter Network was awarded $10,350 to operate eight south bay congregations provide nighttime shelter to case managed homeless guests for two weeks each, providing nightly meals, showers, and other services. Local case management agencies screen and monitor shelter guests during their maximum 8-week stay. CDBG expenditures in FY 2014/15 totaled $10,350 and resulted in 37 unduplicated persons served. South Bay Project Homeless Connect: The one-day event created a one-stop shop for homeless individuals and families to access valuable resources such as social service benefits, medical attention, showers, haircuts, flu shots and spiritual guidance. Hygiene packs, socks, t-shirts, undergarments and sweatshirts and food was provided for them to take. Approximately 100 persons were assisted with one or more of the services provided. The services were a result of over 100 volunteers from the community, including local government agencies, social service agencies and resident volunteers. Rapid Re-Housing: Through the Emergency Solutions Grant (ESG) the City provides case management and rental assistance for those who are at risk of becoming homeless or can be rapidly re-housed after experiencing homelessness. Program requires participants to be self-sufficient after receiving rental assistance. During 2014/2015 the City screened and provided assistance to 27 persons utilizing $104,241 of ESG funds. 2.Identify actions to help homeless persons make the transition to permanent housing and independent living. The actions to help homeless persons make the transition to permanent housing and independent living including having clients access various resources including: Accessing viable employment opportunities that are central to the prevention of homelessness available South Bay Career Center. Local agencies, government resources, and higher education institutions coordinate job training and employment placement services, including services for the general homeless, veterans, youth, and disabled citizen. Southwestern Community College, Housing Authority of the County of San Diego, City Of Chula Vista Page 28 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 352 Regional Occupational Program, and Work Force Partnership all provide services to emergency shelter and transitional housing clients. tğƩƷźĭźƦğƷźƚƓ źƓ ƷŷĻ {ğƓ 5źĻŭƚ /ƚǒƓƷǤƭ wĻŭźƚƓal Continuum of Care Council which maintains coordination and collaborative efforts within the region, to improve communication and provide updated and accurate information on services and resources available for at-risk families and individuals. Liaisons to a variety of community forums assist in coordinating the efforts of the RCCC with other local efforts. The RCCC advises local providers of available resources, and continues to engage in efforts to preserve affordable housing units in the community. Participation in the South Bay Homeless Advocacy Coalition Assisting with Certifications of Consistency for Super NOFA Applications. 3.Identify new Federal resources obtained from Homeless SuperNOFA. In coordination with the Regional Continuum of Care Council (RCCC), the following federal resources were obtained from the Homeless Super NOFA 2013: Renewal of the following SHP projects that serve Chula Vista residents: Casa de Trancision $95,896, FOCUS (partially funds Chula Vista project $294,538), and Trolley Trestle Transitional Housing Program $95,722. Total SHP Super Nofa funding for projects that serve Chula Vista is approximately $486,156.A complete list of Project for CoC CA-601 can be accessed at the following weblink: https://www.hudexchange.info/resource/reportmanagement/published/CoC_AwardComp_CoC_CA-601- 2014_CA_2014.pdf Specific Homeless Prevention Elements 1.Identify actions taken to prevent homelessness. Viable employment opportunities are central to the prevention of homelessness. Local agencies, government resources, and higher education institutions coordinate job training and employment placement services, including services for the general homeless, veterans, youth, and disabled citizens. Many entities provide employment-related training and job search assistance. Geographically dispersed one-stop career centers offer free training and job placement. Many agencies provide job assistance to homeless participants through coordinated case management. In addition, the County continues to promote ğ ͻƚƩƉ CźƩƭƷͼ ƒƚķĻƌͲ Ǟŷźĭŷ ƌźƓƉƭ źƓķźǝźķǒğƌƭ Ʒƚ ğƦƦƩƚƦƩźğƷĻ ƩĻƭƚǒƩĭĻƭ ŅƚƩ ƭĻĭǒƩźƓŭ ĻƒƦƌƚǤƒĻƓƷ ğƓķ ŅƚƭƷĻƩ career building. Housing Authorities in the region play a pivotal role in assisting individuals with housing challenges by providing rental assistance, first-time homebuyer programs, and housing rehab programs. Additionally, each authority administers HUD monies related to Shelter Plus Care and Section 8, and links individuals to various programs and resources related to housing obtainment. Numerous pamphlets and information are published and distributed to individuals and to agencies that serve the homeless as another effort to assist in the prevention of homelessness by providing reliable consistent resources for securing housing opportunities. City Of Chula Vista Page 29 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 353 The Regional Task Force on the Homeless serves as a clearinghouse for information on homeless resources. This source is also used to maintain and disseminate an updated annual user-friendly manual that describes, in detail, facilities and services for homeless persons throughout San Diego County. Several organizations provide rental and mortgage assistance for families experiencing a financial emergency that could jeopardize their housing stability. tƩƚǝźķĻƩƭ źƓ {ğƓ 5źĻŭƚ /ƚǒƓƷǤƭ wĻŭźƚƓğƌ /ƚƓƷźƓǒǒƒ ƚŅ /ğƩĻ /ƚǒƓĭźƌ ƒğźƓƷğźƓ ĭƚƚƩķźƓğƷźƚƓ ğƓķ collaborative efforts within the region, to improve communication and provide updated and accurate information on services and resources available for at-risk families and individuals. Liaisons to a variety of community forums assist in coordinating the efforts of the RCCC with other local efforts. The RCCC advises local providers of available resources, and continues to engage in efforts to preserve affordable housing units in the community. Emergency Solutions Grants (ESG) 1.Identify actions to address emergency shelter and transitional housing needs of homeless individuals and families (including significant subpopulations such as those living on the streets). ESG grants support a segment of the Continuum of Care activities including transitional housing, and essential services. Programs target includes victims of domestic violence. During the reporting year, outreach efforts of agencies participating in the San Diego RCCC consisted of identifying and engaging chronic homeless persons and families at risk who have not been able to access emergency shelters, emergency housing, and services. Efforts also included targeting those who resist such assistance, which can be identified as both proactive and responsiǝĻ ğĭƷźǝźƷźĻƭ͵ ŷĻ w///ƭ ƚƓŭƚźƓŭ ƚǒƷƩĻğĭŷ ƦƌğƓ coordinates efforts focusing on all regions of the County, as well as very specific identified areas where homeless individuals might be residing. Emergency shelter beds within the County Continuum include 476 seasonal and overflow emergency shelter beds. Of these, the majority serves persons with disabilities and other subpopulations. Coordination activities throughout the Continuum of Care help to ensure a smooth transition from emergency to transitional housing. During this reporting period, transitional housing helped provide 160 year round beds to an array of subpopulations within the City of Chula Vista. 2.Relationship of ESG Funds to Goals and Objectives Assessment of a.Evaluate progress made in using ESG funds to address homeless and homeless prevention needs, goals, and specific objectives established in the Consolidated Plan. b.Detail how ESG projects are related to implementation of comprehensive homeless planning strategy, including the number and types of individuals and persons in households served with ESG funds. City Of Chula Vista Page 30 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 354 Please refer to the activities described in the Performance Measurement for Open Projects During Program Year Table 1. In addition, refer to Appendźǣ ͻ5ͼͲ 9{D {ǒƦƦƌĻƒĻƓƷ Ʒƚ ƷŷĻ /!t9w ŅƚƩ ĭƚƒƦƌĻƷĻ accomplishment reporting on ESG activities. Please note that the Homeless Needs Table identifies numbers from all Continuum of Care activities, which includes ESG activities and the CDBG-funded the South Bay Food Program and Interfaith Shelter Network. The goal of the ESG program is to fund services that address various causes of homelessness, including lack of supportive services, insufficient income, and lack of affordable housing. During this reporting period, the goal was to serve an estimated 90 persons; a goal which was met. In conjunction with providing transitional housing, ESG funds also leverage support services for special needs clients. Along with essential services, goals included provision of case management, childcare, and bus vouchers. During FY 2014/15 $68,277 in ESG funds were allocated to provide essential services, and to support operations for the Casa Nueva Vida Short-Term Shelter program and $104,241 for ESG funded Homeless Prevention and Rapid Rehousing Program ($62,980 using FY 2014/2015 funds and $42,533 using roll over funds). In order to achieve the ESG goals, outreach to all populations is critical. Outreach to special needs populations includes street outreach and canvassing, testing and counseling services, and walk-in services at several locations for homeless persons experiencing substance abuse problems. Street canvassing activities facilitated by local community-based agencies target persistently chronic homeless individuals. Annual Stand Down events bring together hundreds of homeless individuals and service providers to facilitate legal help, advocacy, referrals, and other opportunities to forward information on available emergency services. 3.Matching Resources a.Provide specific sources and amounts of new funding used to meet match as required by 42 USC 11375(a)(1), including cash resources, grants, and staff salaries, as well as in-kind contributions such as the value of a building or lease, donated materials, or volunteer time. ŷĻ /źƷǤƭ 9{D ŭƩğƓƷ ŅƚƩ ЋЉЊЍΉЊЎ Ǟğƭ υЊЍЊͲБВВ͵ ŷĻ ĻǣƦĻƓķźƷǒƩĻƭ ŅƚƩ ЋЉЊЍΉЋЉЊЎ źƓĭƌǒķźƓŭ ƦƩźƚƩ ǤĻğƩ funds and administration costs were $188,146. The amount of matching funds are $165,145 from South Bay Community Services and $101,797 from Telecare Corporation for Case Management and Mental Health Services. The match provided far exceeded the required minimum amount (100%). 4.State Method of Distribution a.States must describe their method of distribution and how it rated and selected its local government agencies and private nonprofit organizations acting as subrecipients. Not Applicable. 5.Activity and Beneficiary Data a.Completion of attached Emergency Solutions Grant Program Performance Chart or other reports showing ESG expenditures by type of activity. Also describe any problems in collecting, reporting, and evaluating the reliability of this information. City Of Chula Vista Page 31 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 355 The ESG program did not experience any problems in collecting, reporting, and evaluating the reliability of beneficiary data. ESG Program staff continuously monitors contractor performance through the monthly claims process, through quarterly reports, and by conducting periodic site visits. b.Homeless Discharge Coordination 6. Homeless Discharge Coordination a.As part of the developing and implementing a homeless discharge coordination policy, ESG homeless prevention funds may be used to assist very-low income individuals and families at risk of becoming homeless after being released from publicly funded institutions such as health care facilities, foster care or other youth facilities, or corrections institutions or programs. b.Explain how your government is instituting a homeless discharge coordination policy, and how ESG homeless prevention funds are being used in this effort. Efforts to develop comprehensive policies and plans for discharge from public systems of care are being pursued strategically. Progress for the following public systems includes: Foster Care ŷĻ /ƚǒƓƷǤ ƚŅ {ğƓ 5źĻŭƚƭ CƚƭƷĻƩ /ğƩĻ {ǤƭƷĻƒ ķźƭĭŷğƩŭĻ ƦƌğƓƓźƓŭ ƦƩƚƷƚĭƚƌ źƭ źƓ ķĻǝĻƌƚƦƒĻƓƷ ğƓķ includes the following information and/or steps: ƩźƷƷĻƓ źƓŅƚƩƒğƷźƚƓ ğĬƚǒƷ ƷŷĻ ǤƚǒƷŷƭ ķĻƦĻƓķĻƓĭǤ ĭğƭĻͲ źƓĭƌǒķźƓŭ ŅğƒźƌǤ ğƓķ ƦƌğĭĻƒĻƓƷ histories and the whereabouts of any siblings who are under the jurisdiction of the juvenile court; Anticipated termination date of court jurisdiction; Health plans (if not already covered by Medi-Cal); Legal document portfolio that includes: Social SecuƩźƷǤ /ğƩķͲ /ĻƩƷźŅźĻķ .źƩƷŷ /ĻƩƷźŅźĭğƷĻͲ 5ƩźǝĻƩƭ License and/or DMV identification card, copies of parent(s) death certificate(s), and proof of citizenship/residence status; Housing plans including referral to transitional housing or assistance in securing other housing; Employment or other financial support plans; and, Educational/vocational plans including financial aid, where appropriate. Health Care The County of San Diego Health and Human Services Agency contracted with the Abaris Group (a trauma, emergency and medical services consultants group) to research the access to health, mental health and substance abuse services in six regions throughout the County. Included in the study was a special focus on the healthcare, mental health and substance abuse treatment needs of homeless persons. The final Healthcare Safety Net Study Core Report was released in September 2006, including recommendations for public policy administration. LƓ ğķķźƷźƚƓͲ ƷŷĻ {ğƓ 5źĻŭƚ /ƚǒƓƷǤ IĻğƌƷŷ ğƓķ IǒƒğƓ {ĻƩǝźĭĻƭ !ŭĻƓĭǤƭ 5ĻƦğƩƷƒĻƓƷƭ ƚŅ aĻƓƷğƌ Health, Environmental Health, Drug and Alcohol Services and Aging and Independence Services, in collaboration with private entities and the City of San Diego, organized in 2006 to improve the structural approach for prevention and response to the to the health care needs of homeless persons. City Of Chula Vista Page 32 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 356 Mental Health The mental health care system in San Diego County has formalized plans and protocol for low income and no income individuals. At the present time, homeless persons are eligible for a series of services through referral on release from inpatient or emergency medical facilities. After release, access to service information remains available through the San Diego Center and the Network of Care Program. Services include: Health Insurance Counseling and Advocacy Program (HICAP) NeedyMeds Program; and Mobile Units that provide access to care in remote locations. The Network of Care Program offers specific information for homeless persons. The Center reduces barriers to care by providing information in seven languages. Resources are updated through the United Way 2-1-1 San Diego social service line to ensure regular updates. Funding from the State of California Mental Health Services Act has enabled the County of San Diego to implement the approved plan and protocol for housing and services of homeless mentally ill persons, frequent users of emergency health care and persons with mental health issues exiting correctional facilities. Corrections Services and discharge planning for individuals released from county correctional facilities are found źƓ ƷŷĻ tǒĬƌźĭ LƓŅƚƩƒğƷźƚƓ IğƓķĬƚƚƉ ƦƩĻƦğƩĻķ ĬǤ ƷŷĻ {ğƓ 5źĻŭƚ Λ{5Μ /ƚǒƓƷǤ {ŷĻƩźŅŅƭ 5ĻƦğƩƷƒĻƓƷ͵ {ĻƩǝźĭĻƭ ğƩĻ ƭǒƒƒğƩźǩĻķ źƓ ƷŷĻ {5 /ƚǒƓƷǤ {ŷĻƩźŅŅs Health & Mental Health Services Discharge Plan Α ŅƚƩƒ WЋЏЏ͵ ŷĻ {5 /ƚǒƓƷǤ {ŷĻƩźŅŅƭ 5ĻƦğƩƷƒĻƓƷ ŷğƭ ķĻƭźŭƓğƷĻķ staff positions as homeless liaisons, mental health specialists, and an American with Disabilities Coordinator to assist with individual discharge plans for inmates who have received health or mental health services while in custody. The Mental health Psychiatric Security units of the jail (licensed by the State Department of Mental Health) operate under the purview of the state level discharge plan. A multi-disciplinary team working with the homeless provides discharge plans and case management to ensure continuity of care upon release. Please note that this section addresses local jails and not state or federal prisons. Community Development 1.Assessment of Relationship of CDBG Funds to Goals and Objectives a.Assess use of CDBG funds in relation to the priorities, needs, goals, and specific objectives in the Consolidated Plan, particularly the highest priority activities. b.Evaluate progress made toward meeting goals for providing affordable housing using CDBG funds, including the number and types of households served. c.Indicate the extent to which CDBG funds were used for activities that benefited extremely low- income, low-income, and moderate-income persons. City Of Chula Vista Page 33 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 357 As indicated in Table I, Performance Measurement Table, the City met the goals and objectives identified in the 2014/15 Annual Action and is on target to meet the goals and objectives of the 2010- 2015 Consolidated Plan. This is the case for Housing Needs as well as Community Development Needs. Please refer to IDIS Report PR03 for detailed beneficiary data which includes types of households served and specific income and race/ethnicity data. Based on the Financial Summary Report, 100% of the CDBG expenditures, excluding planning and administration, were used for activities that benefited low- and moderate income persons during FY 2014/15. No projects were qualified using slum and blight. The CDBG regulations require that at least 70% of annual expenditures benefit lower-income people. 2.Changes in Program Objectives a.Identify the nature of and the reasons for any changes in program objectives and how the jurisdiction would change its program as a result of its experiences. The CDBG Program objectives have not changed during the last year. 3.Assessment of Efforts in Carrying Out Planned Actions a.Indicate how grantee pursued all resources indicated in the Consolidated Plan. b.Indicate how grantee provided certifications of consistency in a fair and impartial manner. c.Indicate how grantee did not hinder Consolidated Plan implementation by action or willful inaction. The City of Chula Vista pursued all resources that were indicated that it would pursue in the Consolidated Plan. The City of Chula Vista provided requested certifications of consistency with HUD programs, in a fair and impartial manner, for which the City indicated it would support applications by other entities. In addition, the City did not hinder Consolidated Plan implementation by action or willful inaction. All efforts were made to operate an effective and efficient program. 4.For Funds Not Used for National Objectives a.Indicate how use of CDBG funds did not meet national objectives. b.Indicate how did not comply with overall benefit certification. All CDBG funds were expended on projects that met at least one of the three CDBG National Objectives. Based on the Financial Summary Report, 100% of the CDBG expenditures, excluding planning and administration, were used for activities that benefited low- and moderate-income persons during FY 2014/15. The CDBG regulations require that at least 70% of annual expenditures benefit lower-income people. Ў͵!ƓƷźΏķźƭƦƌğĭĻƒĻƓƷ ğƓķ wĻƌƚĭğƷźƚƓ Α ŅƚƩ ğĭƷźǝźƷźĻƭ ƷŷğƷ źƓǝƚƌǝĻ ğĭƨǒźƭźƷźƚƓͲ ƩĻŷğĬźƌźƷğƷźƚƓ ƚƩ demolition of occupied real property a.Describe steps actually taken to minimize the amount of displacement resulting from the CDBG- assisted activities. The City, at a minimum, takes the following steps to minimize direct and indirect displacement of persons from their homes: City Of Chula Vista Page 34 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 358 1. Stage rehabilitation of apartment units, where possible, to allow tenants to remain in the building/complex during and after rehabilitation, working with empty units first; 2. Arrange for facilities to house persons who must be relocated temporarily during rehabilitation; 3. Arrange for acceptable replacement units; 4. Arrange for appropriate advisory services at the levels described in 49 CFR part 24, including advanced written notice of the date and approximate duration of temporary relocation; location of a suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; and the terms and conditions under which a tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling in the building/complex upon completion of the project. In addition, agencies must offer all residential displaced persons transportation to temporary replacement housing; and 5. Adopt an appeals process for those persons who disagree with the determination concerning whether they qualify as a displaced person, or the amount of relocation assistance for which they may be eligible, including the opportunity to file a written appeal of that determination with the City. A low- źƓĭƚƒĻ ƦĻƩƭƚƓ Ǟŷƚ źƭ ķźƭƭğƷźƭŅźĻķ ǞźƷŷ ƷŷĻ /źƷǤƭ ķĻƷĻƩƒźƓğƷźƚƓ ƚŅ ŷźƭ ƚƩ ŷĻƩ ğƦƦĻğƌ ƒğǤ ƭǒĬƒźƷ ğ written request for review of that determination to the HUD field office. b.Describe steps taken to identify households, businesses, farms or nonprofit organizations who occupied properties subject to the Uniform Relocation Act or Section 104(d) of the Housing and Community Development Act of 1974, as amended, and whether or not they were displaced, and the nature of their needs and preferences. All replacement housing will be provided within three years after commencement of the demolition or conversion. Before entering into a contract committing the City to provide funds for a project that will directly result in demolition or conversion, the County will make ƦǒĬƌźĭͲ ğ bƚƷźĭĻ ƚŅ !ǝğźƌğĬźƌźƷǤ ƷŷğƷ ƩĻŅĻƩĻƓĭĻƭ ğ ƦƩƚƆĻĭƷ ķĻƭĭƩźƦƷźƚƓ ğǝğźƌğĬƌĻ ğƷ ƷŷĻ /źƷǤƭ 5ĻǝĻƌƚƦƒĻƓƷ Services-Housing Division (DSD-HD), and submit to RH the following information in writing: 1. Description of proposed assisted project; 2. Address, number of bedrooms, and map of location of lower-income housing that will be lost as result of the project; 3. Time schedule for start and completion of demolition or conversion; 4. To the extent known, address, number of bedrooms, and map of location of replacement housing that has been or will be provided; 5. Source of funding and time schedule for provision of replacement housing; 6. Basis for concluding replacement housing will remain lower-income housing for at least 10 years from date of initial occupancy; and, 7. Information demonstrating that any proposed replacement of housing units, that are different in size from those units lost, is appropriate and consistent with housing needs and priorities identified in the approved Consolidated Plan. To the extent that the specific location of the replacement housing and other data are not available at the time of submission, the City staff will identify the general location of such housing on a map and complete the disclosure and submission as soon as data are available. City Of Chula Vista Page 35 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 359 c.Describe steps taken to ensure the timely issuance of information notices to displaced households, businesses, farms, or nonprofit organizations. Appropriate advisory services, including reasonable advanced written notice of (i) the date and approximate duration of the temporary relocation; (ii) the address of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (iii) the terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling in the building/complex upon completion of the project; and (iv) the provisions in the Notice of Non- displacement in which persons who are not to be displaced must be provided a notice explaining the reasonable terms and conditions under which they may lease and occupy the property upon the completion of the acquisition or rehabilitation. This notice is to be provided as soon as possible. In addition, agencies must offer all residential displaced persons transportation to temporary replacement housing. A relocation plan is prepared to conduct relocation activities. Џ͵\[ƚǞΉaƚķ WƚĬ !ĭƷźǝźƷźĻƭ Α ŅƚƩ ĻĭƚƓƚƒźĭ ķĻǝĻƌƚƦƒĻƓƷ ğĭƷźǝźƷźĻƭ ǒƓķĻƩƷğƉĻƓ ǞŷĻƩĻ ƆƚĬƭ ǞĻƩĻ ƒğķĻ available but not taken by low- or moderate-income persons a.Describe actions taken by grantee and businesses to ensure first consideration was or will be given to low/mod persons. b.List by job title of all the permanent jobs created/retained and those that were made available to low/mod persons. c.If any of jobs claimed as being available to low/mod persons require special skill, work experience, or education, provide a description of steps being taken or that will be taken to provide such skills, experience, or education. In FY 2014/15 No Economic Development (ED) Activities were undertaken with HUD funds in response to a request from HUD. However, the City of Chula Vista used non-HUD funds to support ED activities including ƭƒğƌƌ ĬǒƭźƓĻƭƭ ƭĻƩǝźĭĻƭ ğƓķ ƚǝĻƩƭĻĻźƓŭ ƷŷĻ /źƷǤƭ 9ƓƷĻƩƦƩźƭĻ ƚƓĻ͵ А͵\[ƚǞΉaƚķ \[źƒźƷĻķ /ƌźĻƓƷĻƌĻ !ĭƷźǝźƷźĻƭ Α ŅƚƩ ğĭƷźǝźƷźĻƭ ƓƚƷ ŅğƌƌźƓŭ ǞźƷŷźƓ ƚƓĻ ƚŅ ƷŷĻ ĭğƷĻŭƚƩźĻƭ ƚŅ presumed limited clientele low and moderate income benefit a.Describe how the nature, location, or other information demonstrates the activities benefit a limited clientele at least 51% of whom are low- and moderate-income. All activities that were deemed eligible to meet this national objective are validated through data collection to ensure that at least 51% of the beneficiaries are low or moderate income; or ADA improvement projects, therefore the nature of the project provides validation using Census Data. 8.Program income received a.Detail the amount of program income reported that was returned to each individual revolving fund, e.g., housing rehabilitation, economic development, or other type of revolving fund. b.Detail the amount repaid on each float-funded activity. c.Detail all other loan repayments broken down by the categories of housing rehabilitation, economic development, or other. d.Detail the amount of income received from the sale of property by parcel. 8a. Community Housing improvement Program repayments $945 and Section 108 Loan Assessment District Repayments of totaled $54,274. City Of Chula Vista Page 36 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 360 8b. Not applicable 8c. Not applicable 8d. Not applicable. The City of Chula Vista did not sell any CDBG-funded properties owned by the City during the reporting period. В͵tƩźƚƩ ƦĻƩźƚķ ğķƆǒƭƷƒĻƓƷƭ Α ǞŷĻƩĻ ƩĻźƒĬǒƩƭĻƒĻƓƷ Ǟğƭ ƒğķĻ Ʒŷźƭ ƩĻƦƚƩƷźƓŭ ƦĻƩźƚķ ŅƚƩ ĻǣƦĻƓķźƷǒƩĻƭ (made in previous reporting periods) that have been disallowed, provide the following information: a.The activity name and number as shown in IDIS; b.The program year(s) in which the expenditure(s) for the disallowed activity(ies) was reported; c.The amount returned to line-of-credit or program account; and d.Total amount to be reimbursed and the time period over which the reimbursement is to be made, if the reimbursement is made with multi-year payments. No CDBG reimbursements were made this reporting period for previous reporting period expenditures which were disallowed. 10. Loans and other receivables a.List the principal balance for each float-funded activity outstanding as of the end of the reporting period and the date(s) by which the funds are expected to be received. b.List the total number of other loans outstanding and the principal balance owed as of the end of the reporting period. c.List separately the total number of outstanding loans that are deferred or forgivable, the principal balance owed as of the end of the reporting period, and the terms of the deferral or forgiveness. d.Detail the total number and amount of loans made with CDBG funds that have gone into default and for which the balance was forgiven or written off during the reporting period. e.Provide a List of the parcels of property owned by the grantee or its subrecipients that have been acquired or improved using CDBG funds and that are available for sale as of the end of the reporting period. 10a. Not applicable. There are no float-funded activities. 10b. Outstanding CDBG-funded loans include housing rehabilitation loans are $344,794. Terms of deferred loans vary by project and funding amount. There are $259,735.02 in outstanding HOME Rehabilitation Loans. 10c. Please refer to the response under 10b. above. 10d. Not applicable. No CDBG loans have gone into default during FY 2014/15. No balances were forgiven or written off during the reporting period. 10e. Not applicable. No properties owned by the City or its subrecipients and funded by CDBG are currently available for sale. 11.Lump sum agreements a.Provide the name of the financial institution. b.Provide the date the funds were deposited. c.Provide the date the use of funds commenced. d.Provide the percentage of funds disbursed within 180 days of deposit in the institution. Not applicable. City Of Chula Vista Page 37 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 361 ЊЋ͵IƚǒƭźƓŭ wĻŷğĬźƌźƷğƷźƚƓ Α ŅƚƩ Ļğĭŷ ƷǤƦĻ ƚŅ ƩĻŷğĬźƌźƷğƷźƚƓ ƦƩƚŭƩğƒ ŅƚƩ Ǟŷźĭŷ ƦƩƚƆĻĭƷƭΉǒƓźƷƭ ǞĻƩĻ reported as completed during the program year a.Identify the type of program and number of projects/units completed for each program. b.Provide the total CDBG funds involved in the program. c.Detail other public and private funds involved in the project. The Community Housing Improvement Program was funded in 2011. Since then, a total of 9 households have been assisted. In FY 14/15 $114,988 in CDBG funds were expended (including loans and program administration costs). The CHIP program does not currently require a match of other public or private funds. Program participants may utilize other private funding to leverage the CDBG funds; however, additional funding sources are not tracked by the City. In addition, please refer Table I, Performance Measurement table. ЊЌ͵bĻźŭŷĬƚƩŷƚƚķ wĻǝźƷğƌźǩğƷźƚƓ {ƷƩğƷĻŭźĻƭ Α ŅƚƩ ŭƩğƓƷĻĻƭ ƷŷğƷ ŷğǝĻ I 5ΏğƦƦƩƚǝĻķ ƓĻźŭŷĬƚƩŷƚƚķ revitalization strategies a.Describe progress against benchmarks for the program year. For grantees with Federally- designated EZs or ECs that received HUD approval for a neighborhood revitalization strategy, reports that are required as part of the EZ/EC process shall suffice for purposes of reporting progress. The City of Chula Vista does not have a Neighborhood Revitalization Area approved by the Department of Housing Development. Antipoverty Strategy 1.Describe actions taken during the last year to reduce the number of persons living below the poverty level. The City is continuously exploring options to expand economic and employment opportunities for low to moderate income residents in order to help alleviate poverty. In addition, the City supports a range of programs that to address poverty including: Technical assistance to develop the job training and skills Social Services such as legal assistance, child care, health care, transportation, housing, education, and services for the elderly and disabled who are on fixed incomes. Programs that serve the people who are homeless and/or are at-risk of homelessness NON-HOMELESS SPECIAL NEEDS Identify actions taken to address special needs of persons that are not homeless but require supportive housing, (including persons with HIV/AIDS and their families). *Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook and HOME TBRA activities described in the General Section under the Housing section. City Of Chula Vista Page 38 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 362 Specific HOPWA Objectives Not applicable: The largest city in the San Diego area receives the HOPWA formula allocation to serve the needs of persons living with HIV/AIDS and their families. City of San Diego is the entitlement jurisdiction for the Housing Opportunities for Persons with AIDS (HOPWA) program, and by agreement contracts with the County of San Diego to administer the HOPWA program for the entire San Diego Region. Relevant źƓŅƚƩƒğƷźƚƓ ƦĻƩƷğźƓźƓŭ Ʒƚ ƷŷĻ Iht! tƩƚŭƩğƒ ĭğƓ ĬĻ ǝźĻǞĻķ źƓ ƷŷĻ /źƷǤ ƚŅ {ğƓ 5źĻŭƚƭ C ЋЉЊЍΉЋЉЊЎ Consolidated Annual Performance Report. Other Narrative Include any CAPER information that was not covered by narratives in any other section. Not applicable. City Of Chula Vista Page 39 of 39 Fifth Program Year CAPER ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 363 20152019 HOUSINGANDCOMMUNITYDEVELOPMENT NEEDS&FUNDINGPRIORITIES In2015,theCityCounciladoptedthe20152019FiveYearConsolidatedPlan.The Planwasdevelopedtoidentifythehousingandcommunitydevelopmentneeds ofthecommunity.Basedontheseneeds,goalsandobjectiveswereestablished tomeetthesewithinthefiveyearplanperiod.Eachyear,theCityadoptsan AnnualActionPlanwhichoutlinestheCity'soneyearapproachatmeetingthe goalsandobjectives. CATEGORYPRIORITYACTIVITYTYPE Newconstructionofrental 1.Affordablehousing Housing Projects Housing Acquisitionandrehabilitation forrentalopportunities Priorities HomebuyerAssistance 2.AffordableHousing Tenantbasedrentalassistance Programs RehabilitationLoans Disabled Youth 1.PublicServices for Low/ModerateElderly IncomeandSpecial Homeless Community NeedsPersons HealthServices FoodServices Development 2.Infrastructure Street/SidewalkImprovements Priorities Improvements Section108LoanPayments ADAImprovements 3.PublicFacility Park/RecreationFacilities Improvements NeighborhoodCenters FireStations(equipment) AttachmentNo.2 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 364 365 0 ¦¤ E KA LT SA E 52 1 - RS E N I W Y D N A R B ELO DNA RE 508-I Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ City of Chula Vista Staff Report File#:15-0417, Item#: 14. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING ORDINANCE NO. 3064 RELATING TO THE PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PROGRAM FOR OTAY RANCH VILLAGES ONE, TWO, FIVE AND SIX A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTINGA REPORTPREPAREDBYDEVELOPMENTPLANNINGANDFINANCINGGROUP RECOMMENDINGANUPDATEOFTHEEXISTINGPEDESTRIANBRIDGE DEVELOPMENTIMPACTFEEFOROTAYRANCHVILLAGESONE,TWO,FIVE,ANDSIX ANDAMENDINGCHAPTER16(DEVELOPMENTANDIN-LIEUFEES)OFTHECITY’S MASTER FEE SCHEDULE B.ORDINANCEOFTHECITYOFCHULAVISTAAMENDINGORDINANCENO.3064 RELATINGTOAPEDESTRIANBRIDGEDEVELOPMENTIMPACTFEEFOROTAYRANCH VILLAGESONE,TWO,FIVE,ANDSIXRELATINGTOTHEANNUALREVIEWAND ADJUSTMENT OF FEES (FIRST READING) RECOMMENDED ACTION Council conduct the public hearing, adopt the resolution and place the ordinance on first reading. SUMMARY The City Council established the original Otay Ranch Pedestrian Bridge Development Impact Fee (Pedestrian Bridge DIF) on January 5, 1999 by Ordinance 2767. The original Pedestrian Bridge DIF was set up to fund the construction of the pedestrian bridges between Villages One and Five. On January 7, 2003, by Ordinance No. 2892, the City Council amended the original Pedestrian Bridge DIF to include Otay Ranch Village Six and its fair share of the costs for the bridge improvements. On February 20, 2007, by Ordinance No. 3064, the City Council amended the Pedestrian Bridge DIF to include Otay Ranch Village Two and its fair share of the costs for the bridge improvements. Tonight, Council will consider the adoption of an update to the Pedestrian Bridge DIF to account for the recent increase in units for Otay Ranch Village Two. The fee, payable at issuance of a building permit, will decrease from $1,114 to $843 for single family dwelling unit and from $826 to $625 for multifamily dwelling units. This will be the third adjustment of the fee since its inception in February 18, 2003. The public hearing has been duly noticed. ENVIRONMENTAL REVIEW Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. BOARD/COMMISSION RECOMMENDATION City of Chula VistaPage 1 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 366 File#:15-0417, Item#: 14. Not Applicable DISCUSSION Otay Ranch Village One, Two, Five and Six are located on the western edge of the Otay Valley Parcel, south of Telegraph Canyon Road and Otay Lakes Road, west of SR125, east of the Sunbow subdivision and north of Wolf Canyon and Birch Road (Exhibit 1). As a condition of development, the villages were required to annex into or establish a development impact fee, or other funding mechanism, to fund the construction of the pedestrian bridges serving Villages One, Two, Five and Six. Four pedestrian bridges are funded by the Pedestrian Bridge DIF. The first was the pedestrian bridge crossing La Media Road connecting Village One and Five (North La Media Bridge). The second bridge connects Village One to Village Two over Olympic Parkway (West Olympic Parkway Bridge). The third connects Village Five to Village Six and also spans Olympic Parkway (East Olympic Parkway Bridge). The last bridge will be located along Santa Venetia Road and crosses La Media Road and connects Village Two with Village Six (South La Media Bridge) (Exhibit 2) . The North La Media Bridge, West Olympic Parkway Bridge and the East Olympic Parkway Bridge were fully funded and are now constructed. Area of Benefit The Area of Benefit for the updated Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village One, Two, Five and Six is generally described as the area surrounding Olympic Parkway and La Media Road (see Exhibit 2), and remains unchanged as outlined by Ordinance No. 3064. Pedestrian Bridge Report The “Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 2” (see Exhibit 3), dated June 2, 2015, was prepared by Development Planning & Financing Group at the request of Baldwin and Sons, LLC. The intent of this report is to determine an appropriate pedestrian bridge development impact fee based on the updated number of units, the area of benefit, the type of land- use and its corresponding benefit. City staff concurs with the findings of the report. The report contains the revised total cost estimate for the remaining South La Media Bridge, in the amount of $3,482,900. The fee, payable at issuance of a building permit, will be $843 per single- family detached (SFD) dwelling unit and $625 per multiple-family (MF) dwelling. This represents a 24% decrease in the fee from the original $1,114 SFD, $826 MF rates, established on February 20, 2007. The decrease in fee was due to an increase in the number of units within Village Two thus a greater number of units remaining to spread the cost over. The report also outlines in greater detail the methodology used to develop the Pedestrian Bridge Development Impact Fee. In short, the fee is based on persons per household factors similar to the application in Municipal Code 17.10, where households with larger numbers of persons per household inure greater benefit than smaller households. The persons per household factors used for the Pedestrian Bridge Development Impact Fee are 3.52 for single-family detached dwellings and 2.61 for multifamily dwelling units. The methodology has not changed with this amendment. Pedestrian Bridges and Village Connectivity The pedestrian bridges of Otay Ranch, Villages One, Two, Five, and Six are an integral part of the City of Chula VistaPage 2 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 367 File#:15-0417, Item#: 14. Village Pathway that forms a loop through these Villages. The Village Pathway provides pedestrians, bicycles and carts with a route that is separated from the major roadways of this part of Otay Ranch. The bridges and the Pathway support the pedestrian orientation of these Villages and tie them together with a continuous and safe way to cross the six lanes of Olympic Parkway and La Media Road. Due to each individual bridge being part of a whole system, each Village derives a benefit from all the bridges in proportion to the number of units in that Village. Annual Fee Adjustment An amendment to the Pedestrian Bridge DIF ordinance authorizing automatic fee adjustments based upon changes in the Engineering News Record (ENR)’s Construction Cost Index is also recommended. The annual average changes in labor and materials costs as computed by the recommended index reflect industry standards, and are appropriate for the calculation construction cost changes. The proposed automatic annual update of the fee is identical to the methodology applied to other development related fees and PAD fees within the City such that all automatic fee increases from July to July will be effective the first of October 1 of each year. This mechanism will ensure the collection of sufficient funds to construct the facilities while minimizing the expense to the City associated with the preparation of a Master Fee Schedule update. Meetings with the Master Developers Staff has had meetings with Baldwin and Sons, LLC to discuss the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Villages One, Two, Five and Six. The Developer does not object to the proposed Pedestrian Bridge DIF adjustment DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. 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 proposed action addresses the Economic Vitality and Healthy Community goals. The project supports the Economic Vitality goal through the implementation of the General Plan to develop Otay Ranch and provides a funding source for the construction of public facilities. It also addresses the Healthy Community goal by supporting the construction of the Village Pathway and promoting alternative transportation such as walking and cycling. CURRENT YEAR FISCAL IMPACT There is no financial impact to the General Fund. All costs associated with updating the Pedestrian Bridge DIF will be borne by the Developer. ONGOING FISCAL IMPACT The revenue of this Pedestrian Bridge DIF will be maintained separately from the General Fund. The Developer has paid for all costs related to the preparation of the Report. ATTACHMENTS City of Chula VistaPage 3 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 368 File#:15-0417, Item#: 14. Attachment 1 - Pedestrian Bridge Facility Map Attachment 2 - Area of Benefit Attachment 3 - Pedestrian Bridge DIF Report Staff Contact: Chester Bautista, Associate Civil Engineer (619) 476-5332 City of Chula VistaPage 4 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 369 RESOLUTION NO. 2015-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY DEVELOPMENT PLANNINGAND FINANCING GROUP RECOMMENDING AN UPDATE OF THE EXISTING PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEEFOR OTAY RANCH VILLAGES ONE, TWO, FIVE, AND SIXAND AMENDING CHAPTER 16 (DEVELOPMENT AND IN-LIEU FEES) OF THE CITY’S MASTER FEE SCHEDULE WHEREAS, in connection with developing residential and non-residential property in Otay Ranch Village 2, Baldwin and Sonshas requested an update of the City’s PedestrianBridge Development Impact Fee (PedestrianBridge DIF), for Otay Ranch Villages One, Two, Five and Six;and WHEREAS, the City Council established the original PedestrianBridge DIF on January 5, 1999, by OrdinanceNo. 2767, which was set up to fund the construction of the pedestrian bridgefacilities within Otay Ranch Villages One and Five; and WHEREAS, onJanuary 7, 2003, by Ordinance No. 2892, the City Council amended the originalPedestrianBridge DIF to include Otay Ranch Village Six, to pay its fair shareto the fund the constructionof the pedestrian bridge facilities; and WHEREAS, on February 20, 2007, by Ordinance No. 3064, the City Council amended the PedestrianBridge DIF to include Otay Ranch Village Two, to pay its fair shareto the fund the construction of the pedestrian bridge facilities; and WHEREAS, Development Planning & Financing Group has prepared a report, entitled “City of Chula Vista Pedestrian Bridge Development Impact Fee Report for OtayRanch Village 2,” dated June 15, 2015 (Report) regarding updating the Ped Bridge DIF to account for the increase in the number of units to Village Two; and WHEREAS, the Report includes the following definitions; (i) single-family detached (SFD) dwelling unit means a single residential unit on a single assessor’s parcel within a tract with a density of less than or equalto eight residential units per acres; and (ii) multiple-family (MF) dwellingmeans any residential units with a densitygreaterthan eight residential units per acre or anyresidential unit within a mixed-use project; and WHEREAS, the Report proposes the adjustment of the PedestrianBridge DIF from $1,114 to $843per SFD and from $826 to $625 per MF; and WHEREAS, pursuant to Section 11 of Ordinance No. 3064, the City Council may make adjustments to the Impact Fee by resolution amending the City’s Master Fee Schedule; and ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 370 Resolution No. Page 2 WHEREAS, the Impact Fee is published in Chapter 16 (Development and In-Lieu Fees) of the City’s Master Fee Schedule; and WHEREAS, the Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept areport titled “City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 2,” dated June 15, 2015, prepared by Development Planning & Financing Group, a copy of which shall be kept on file in the City Clerk’s Office. BE IT FURTHER RESOLVED by the CityCouncil of the City of Chula Vista, that it does hereby amend, subject to the final adoption of the accompanying ordinance,certain sections of Chapter 16 (Development and In-Lieu Fees) of the City’s Master Fee Schedule, as reflected in Exhibit 1 of this Resolution. Presented byApproved as to form by ______________________________________________________ Kelly BroughtonGlen R. Googins Development Services DirectorCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 371 ORDINANCE NO. _____ ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 3064 RELATING TO PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE FOR OTAY RANCH VILLAGES ONE, TWO, FIVE, AND SIX RELATING TO THE ANNUAL REVIEW AND ADJUSTMENT OF FEES WHEREAS, the City's General Plan Land Use and Public Facilities Elements require that adequate public facilities be available to accommodate increased population created by new development; and WHEREAS, the City Council has determined that new development within certain areas within the City of Chula Vista as identified in this ordinance, will create adverse impacts on certain existing public facilities which must be mitigated by the financing and construction of those facilities identified in this ordinance; and WHEREAS, developers of land within the City are required to mitigate the burden created by their development by constructing or improving those facilities needed to provide service to their respective developments or by the payment of a fee to finance their portion of the total cost of such facilities; and WHEREAS, development within the City contributes to the cumulative burden on pedestrian facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and WHEREAS, the goal of the Otay Ranch General Development Plan (GDP) is to organize land uses based upon a village concept to produce a cohesive, pedestrian friendly community, encourage non vehicular trips and foster interaction amongst residents; and WHEREAS, a component of the Otay Ranch circulation system is a comprehensive trail system to provide for non-vehicular alternative modes of transportation; and WHEREAS, the Otay Ranch GDP requires that a non-auto circulation system, such as pedestrian walkways,bike paths, and, where appropriate and feasible, grade separated arterial crossings be provided to encourage pedestrian activity between villages; and WHEREAS, the City Council adopted the Otay Ranch Villages One and Five Pedestrian Bridge Development Impact Fee (Impact Fee) by Ordinance 2767 (Ped Dif Bridge Ordinance) in order to pay for pedestrian bridge facilities that will serve Otay Ranch Villages One and Five; and WHEREAS, the City Council amended the original Ped Bridge DIF Ordinance 2767 on January 7, 2003, by Ordinance 2892, to include Otay Ranch Village Six to pay for its fair share of bridge improvements as a condition of issuance of building permits; and ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 372 Ordinance No. _____ Page 2 WHEREAS, the City Council amended the Ped Bridge DIF Ordinance 2892on February 20, 2007, by Ordinance 3064, to include Otay Ranch Village Twoto pay for its fair share of bridge improvements as a condition of issuance of building permits; and WHEREAS, the Conditions of Approval for Otay Ranch Village Two tentative map require that a funding mechanism be established to pay for one-half of Village Two’s fair share of bridge improvements; and WHEREAS, pedestrian facilities,including a continuous village pathway and cartpath system, that will directly connect Villages One, Five, Six and Two, have been built, or are proposed. Continuity of thesepedestrian facilities requires crossingmajor streets. Rather than street-level crossings, pedestrian bridges have been included as part of the pedestrian circulation system. Such over-crossings encourageand facilitate the use of the pedestrianfacilitiesand reduce the danger to pedestrians; and WHEREAS, the completion of the pedestrian bridges in Village Two will complete the linkage of the pedestrian facilities in Villages One, Five, Six and Two, enhancingoverall pedestrian access in and among these villages; and WHEREAS, the Village Two tentative map requires that the developer constructcertain pedestrian bridges that are part of this overall pedestrian circulation system. WHEREAS, the construction of these pedestrian bridges will be facilitated by including their funding in the current Impact Fee program by: 1) amending the per unit fees payable at issuance of a building permit; 2) revising the facilities to be financed by the Impact Fee; and 3) revising the territory to which the Impact Fee is applicable to include Village Two; and WHEREAS, the original Ped Bridge DIF Ordinance used the persons per dwelling unit rates established in Section 17.10.040 of Chula Vista Municipal Code for the various residential land use categories in deriving the Equivalence Dwelling Unit ratio upon which the Impact Fee is based; and WHEREAS, the person per dwelling unit rates for Parkland Dedication in Sec. 17.10.040 were modified by Ordinance No. 2886. The rates for single family went from 3.22 persons per unit to 3.52 persons per unit and the multiple-family rates went from 2.21 persons per dwelling units to 2.61 persons per unit. The attached, cluster housing or planned unit development and the duplex categories were deleted from Sec. 17.10.040; and WHEREAS, Otay Ranch, Villages One, Five, Six and Two are those areas of land within the City of Chula Vista surrounded by Telegraph Canyon Road, Otay Lakes Road, Heritage Road, Olympic Parkway, La Media Road, Birch Road, and State Route 125. This area is shown on the map marked Exhibit "2," which isincluded as anattachment to the City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village Two, dated February 13, 2007, on file in the Office of the City Engineer; and ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 373 Ordinance No. 3064 Page 3 WHEREAS, City Engineering Staff has approved the City of Chula Vista Pedestrian Bridge Development Impact Fee Report dated November 6, 1998; the updated Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village Six dated December 17, 2002; the updated Pedestrian Bridge Development Impact Fee Report for Village Two dated February 13, 2007 andupdated Pedestrian Bridge Development Impact Fee Report for Village Two dated June 15, 2015 (Report); and WHEREAS, the Report, recommends pedestrian over-crossing facilities needed for pedestrian access, and establishes a fee payable by persons obtaining building permits for developments within Otay Ranch Village Two benefiting from the construction of these facilities; and WHEREAS, there are four Pedestrian Over Crossings (POC) proposed for the Otay Ranch Villages One, Five, Six and Two: North La Media Bridge POC between Villages One and Five, South La Media Road POC between Villages Six and Two, West Olympic Pkwy Bridge POC between Villages One and Two, and East Olympic Parkway Bridge POC betweenVillages Five and Six; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and WHEREAS, the City Council has determined that the amount of the Impact Fee levied by this ordinance does not exceed the estimated cost of providing the public facilities identified by the report. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1. Environmental Review The Environmental Review Coordinator hasreviewed 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. SECTION 2. Acceptance of Reports The City Council has reviewed the proposed Pedestrian Bridge Development Impact Fee Report, dated June 15, 2015, and has accepted same, by Resolution No.__________in the form on file in the Office of the City Clerk; the City Council previously reviewed, accepted and adopted Pedestrian Bridge Development Impact Fee Reports, dated November 6, 1998, December 17, 2002, and February 13, 2007(collectively, the Reports). SECTION 3. Facilities The facilities to be financed by the Impact Fee are fully described in the Reports and incorporated herein by this reference, (Facilities), all of which Facilities may be modified by the ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 374 Ordinance No. _____ Page 4 City Council from time to time by resolution. The locations at which the Facilities will be constructed are shown on Exhibit "1" of the approved 2002 and 2007 Reports. The City Council may modify or amend the list of projects herein considered to be part of the Facilitiesby written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual pedestrian generation. SECTION 4. Territory to Which Fee Is Applicable The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth on Exhibit "2" of the 2002 and 2007 Reports and is generally described herein as the "Territory." SECTION 5. Purpose The purpose of this ordinance is to establish the Impact Fee in order to provide the necessary financing to construct the Facilities within the areas shown in Exhibit "1" of the Report, in accordance with the City's General Plan. SECTION 6. Establishment of Fee The ImpactFee, to be based on a per Equivalent Dwelling Unit (EDU) basis, and payable prior to the issuance of building permits for residential development projects within the Territory, is hereby established to pay for the Facilities. SECTION 7. Due on Issuance of Building Permit The Impact Fee shall be paid in cash upon the issuance of a residential building permit. Early payment is not permitted. No building permit shall be issued for residential development projects subject to this ordinance unless the developer has paid the Impact Fee imposed by this ordinance. SECTION 8. Determination of Equivalent Dwelling Units Residential land uses shall be converted to Equivalent Dwelling Units for the purpose of this fee based on the following table: Fee by Land Use Land Use People per householdEDU's Single Family ("SFD") 3.521 Multi Family ("MF") 2.610.74 "Single family" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of8 units per acre or less as shown on the approved tentative map for said subdivision, planning area or neighborhood. "Multi-Family" shall mean a residential unit within a subdivision, planning area or neighborhood with a net density of greater than8 units per acre or any residential unit within a ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 375 Ordinance No. 3064 Page 5 mixed-use project as shown on the approved tentative map for said subdivision, planning area or neighborhood. SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited The Impact Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. SECTION 10. Purpose and Use of Fee The purpose of the Impact Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, to other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Impact Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Impact Fee. SECTION 11. Amount of Fee; Amendment to Master Fee Schedule The initial Impact Fee shall be calculated at the rate of $844per Single Family Dwelling Unit (SFD) and $626per Multiple Family Dwelling Unit (MF). Chapter XVI, Other Fees, of the Master Fee Schedule, Section E, shall be amended to read as follows: "E. Otay Ranch Villages 1, 5, 6 and 2 Pedestrian Bridge Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. 2892, but said ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the ordinance, or in the event that there are additional rules applicable to the imposition of the Impact Fee, the language of the ordinance governs. a.Territory to which Fee Applicable The area of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth in Exhibit "2" of the City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village Two dated February 13, 2007, and is generally described as the area surrounded by Telegraph Canyon Road, Otay Lakes Road, Heritage Road, Olympic Parkway, La Media Road, Birch Road, and State Route 125. b.Rate per Residential Land Use and Fee The Impact Fee shall be calculated at the rate of $844per EDU and translated into a fee per land use based on the people per household factor given below, which rate shall be ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 376 Ordinance No. _____ Page 6 adjusted from time to time by the City Council. Residential Land UseEDU'sEDU's Single Family (SFD)1$844 Multi Family (MF0.74$626 The amount of the fee shall be adjusted, starting on October 1, 2016, and on each October st 1thereafter, based on the one-year change (from July to July) in the Los Angeles Construction Cost Index (ENR-CCI) as published in the Engineering-News Record Magazine. Adjustmentsto the above fees based on the ENR-CCI shall be automatic and shall not require further action of the City Council. The reasons for which non-automatic adjustments may be made include, but are not limitedto the following: changes in the type, size, location or cost of the facilities to be financed by the Impact Fee; changes in land use in the City’s General Plan; other sound engineering, financing and planning information. Adjustments to the above Impact Fee may be made by resolution amending Chapter16 (Development and In-lieu Fees) of the City’s Master Fee Schedule. c.When Payable The Impact Fee shall be paid in cash not later than immediately prior to the issuance of a building permit.” SECTION 12. Authority for Accounting and Expenditures The proceeds collected from the imposition of the Impact Fee shall be deposited into a public facility financing fund (“Otay Ranch Villages 1, 5, 6 and 2 Pedestrian Bridge Development Impact Fee Fund,” or alternatively, “Fund”) which is hereby created and shall be expended only for the purposes set forth in this ordinance, the Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fundfor the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. SECTION 13. Findings The City Council hereby finds the following: A.The establishment of the Impact Fee is necessaryto protect the public safety and welfare and to ensure the effective implementation of the City's General Plan. B.The Impact Fee is necessary to ensure that funds will be available for the construction of the Facilities concurrent with the need for these Facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. C.The amount of the fee levied by this ordinance does not exceed the estimated cost of providing the Facilities for which the fee is collected. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 377 Ordinance No. 3064 Page 7 D.Newdevelopment projects within the territory will generate a significant amount of pedestrian traffic that current pedestrian facilities cannot service, therefore construction of the Facilities will be needed to service new development projects. E.That the legislative finding and determination set forth in Ordinances 2767,2892 and 3064continue to be true and correct. SECTION 14. Impact Fee Additional to other Fees and Charges The Impact Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer Whenever a developer is required as a condition of approval of a development permit to construct or cause the construction of the Facilities or a portion thereof, the City may require the developer to install the Facilities according to design specifications approved by the City and in the size or capacity necessary to accommodate estimated pedestrian traffic as indicated in the Report and subsequent amendments. If such a requirement is imposed, the City shall offer, at the City's option, to reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee. The City may update the Impact Fee calculation, as City deems appropriate prior to making such offer. This duty to offer to give credit or reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, the City may, as part of a written agreement, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Impact Fee calculation, as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 378 Ordinance No. _____ Page 8 The City's duty to extend a reimbursement offer to a developer pursuant to Section 15 or 16 above shall be conditioned on the developer complying with the terms and conditions of this section: a.Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the construction of the Facilities, excluding any work attributable to a specific subdivision project. b.The request for authorization shall contain the following information, and the City may from time to time request such other information as: (1)Detailed descriptions of the work to be conducted by the developer with the preliminary cost estimate. c.If the Council grants authorization, it shall be by written agreement with the Developer, and on the followingconditions among such other conditions as the Council may from time to time impose: (1)Developer shall prepare all plans and specifications and submit same to the City for approval; (2)Developer shall secure and dedicate any right-of-way required for the improvement work; (3)Developer shall secure all required permits and environmental clearances necessary for construction of the improvements; (4)Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5)Developer shall pay all City fees and costs. (6)The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the improvements. (7)The developer shall advance all necessary funds for the improvements, including design and construction. The City will not be responsible for any of the costs of constructing the facilities. (8)The developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the City Engineer. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 379 Ordinance No. 3064 Page 9 (9)The developer shall provide a detailed cost estimate, which itemizes those costs of the construction attributable to the improvements. Soils Engineering shall be limited to 7.5 percent of the project cost, Civil Engineering shall be limited to 7.5 percent of the hard cost and landscape architecture shall be limited to 2 percent of the landscaping cost. The estimate is preliminary and subject to final determination by the City Engineer upon completion of the Public Facility Project. (10)The agreement may provide that upon determination of satisfactory incremental completion of the public facility project, as approved and certified by the City Engineer, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25 percent of such costs until issuance by the City of a Notice of Completion. (11)The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the impact Fee for building permits to be applied for in the future. (12)When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the project to the City. The City Engineer shall make the final determination on expenditures, which are eligible for reimbursement. (13)After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Impact Fees required by this ordinance against the City's duty to reimburse the developer. (14)After offset, if any funds are due the developer under this section, the City may at its option, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their required contributionto such Facilities as required by this ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. (15)A developer may transfer a credit against the Impact Fee to another developer with the written approval of the City Engineer in his/her sole discretion. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 380 Ordinance No. _____ Page 10 SECTION 18. Procedure for Fee Modification Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the Impact Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the City Council for a waiver or modification of the Impact Fee or the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten days after notice is given of the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or modification, and shall provide an engineering and accounting report showing the overall impact on the Development Impact Fees (DIF) and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Impact Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies Development projects by public agencies, including schools, shall be exempt from the provisions of the Impact Fee. SECTION 20. Assessment District If any assessment, community facilities district or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund or a credit in an amount equal to that portion of the cost included in the calculation of the Impact Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in the Report, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 21. Expiration of this Ordinance This ordinance shall be of no further force and effect when the City Council determines that the amount of Impact Fees which have been collected reaches an amount equal to the cost of the Facilities. SECTION 22. Time Limit for Judicial Action Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety-day approval period in which parties may protest begins upon the effective date of this ordinance. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 381 Ordinance No. 3064 Page 11 SECTION 23. Other Not Previously Defined Terms For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a)"Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b)"Developer" means the owner or developer of a development. (c)"Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d)“Development Project” or “Development” means any activity described in Section 66000 of the State Government Code. (e)"Single Family Attached Dwelling" means a single-family dwelling attached to another single family dwelling, with each dwelling on its own lot. SECTION 24. Effective Date This ordinance shall become effective sixty days after its second reading and adoption. Presented byApproved as to form by _________________________________________________________________________ Kelly BroughtonGlen R. Googins Development Services DirectorCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 382 MASTER FEE SCHEDULE FEE BULLETIN Chapter 16 – Development & In-Lieu Fees 16-100 Development & In-Lieu Fees City of Chula Vista Development Services October December 276 Fourth Avenue, Chula Vista, CA 91910 2015 For expansion/renovation of existing projects, fees apply to the net increase in impact only, as determined by increase in dwelling units, gross acres, square feet, or vehicular trips. All rates are current as of the date of this Fee Bulletin. Fees are set by Ordinance or Council Policy. Please contact Development Services to confirm current rate schedule. PUBLIC FACILITIES DIF TRAFFIC SIGNAL FEE Applicable: Citywide Applicable: Citywide Single Family, per dwelling unit (DU) Civic Center ................................................... $2,835 Fee per vehicular trip .................................... $36.01 Police ............................................................. $1,725 Corporation Yard ............................................... $465 See Master Fee Schedule Fee Bulletin 16-200 for Libraries ......................................................... $1,627 Vehicular Trip Generation Table Fire Suppression System .............................. $1,433 Program Administration .................................... $620 PARK ACQUISITION & DEVELOPMENT Recreation Facilities ..................................... $1,235 Single Family Total PFDIF, per DU ................ $9,940 The Parkland Acquisition and Development (PAD) fee consists of two fee components: land Multifamily, per DU acquisition and park development. Civic Center ................................................... $2,685 Police ............................................................. $1,863 Applicable: Citywide. Parkland acquisition fees vary Corporation Yard ............................................... $372 between eastern and western Chula Vista, as divided Libraries ......................................................... $1,627 by I-805. Development fees are consistent citywide. Fire Suppression System .............................. $1,030 Single Family, per dwelling unit Program Administration .................................... $586 Acquisition, west of I-805 ............................. $4,994 Recreation Facilities ..................................... $1,235 Acquisition, east of I-805 ........................... $12,676 Multi Family Total PFDIF, per DU ................. $9,398 Development, citywide.................................. $5,365 Total single family fee, west of I-805 ......... $10,359 Commercial, per gross acre Total single family fee, east of I-805 ......... $18,041 Civic Center ................................................... $9,044 Police ............................................................. $8,152 Multifamily, per dwelling unit Corporation Yard ........................................... $7,882 Acquisition, west of I-805 ............................. $3,707 Fire Suppression System .............................. $3,786 Acquisition, east of I-805 ............................. $9,408 Program Administration ................................ $1,979 Development, citywide.................................. $3,980 Commercial Total PFDIF, per acre ............. $30,834 Total multifamily fee, west of I-805 ............. $7,687 Total multifamily fee, east of I-805 ............ $13,388 Industrial, per gross acre Civic Center ................................................... $2,859 Mobile Home, per unit Police ............................................................. $1,758 Acquisition, west of I-805 ............................. $2,337 Corporation Yard ........................................... $3,731 Acquisition, east of I-805 ............................. $5,932 Fire Suppression System .................................. $752 Development, citywide.................................. $2,521 Program Administration .................................... $626 Total mobile home fee, west of I-805 .......... $4,849 Commercial Total PFDIF, per acre ............... $9,708 Total mobile home fee, east of I-805 .......... $8,444 City of Chula Vista www.chulavistaca.gov 619.691.5021 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 383 October MASTER FEE SCHEDULE FEE BULLETIN 16-100 Page 2 of 3 December 2015 EASTERN TRANSPORTATION DIF Lodging (Hotel/Motel), per gross acre unless otherwise specified Applicable: East of I-805 Low Rise Lodging: < 4 stories, per acre .... $80,094 Low Rise Lodging: < 4 stories, per room ..... $4,005 Residential, per dwelling unit (DU) High Rise Lodging: 4+ stories in height ... $120,150 Low Density: 0 – 6 DU/gross acre ............. $13,330 Medium Density: 6.1 – 18 DU/gross acre $10,664 Industry, per gross acre High Density: > 18.1 DU/gross acre ............ $7,998 Heavy Industry ............................................. $48,056 Senior Housing: > 8 DU/gross acre ............. $5,332 Warehouse/Storage ................................... $24,028 Residential Mixed Use: > 18 DU/gross acre . $5,332 Industrial Park ............................................. $36,042 Light Industrial ............................................ $80,094 Commercial, per gross acre unless otherwise specified BAYFRONT TRANSPORTATION DIF Mixed Use, per 20,000 SF ....................... $213,280 General: < 5 stories in height ................... $213,280 Applicable: Bayfront area Regional: > 60 acres or 800,000 SF ....... $146,630 High Rise: >= 5 stories in height .............. $373,240 Residential, per dwelling unit (DU) Low Density: 0 – 6 DU/gross acre ............... $9,678 Other, per gross acre unless otherwise specified Medium Density: 6.1 – 20 DU/gross acre .. $7,742 Office: < 5 stories in height ...................... $119,970 High Density: > 20.1 DU/gross acre ............ $5,807 Industrial RTP ............................................ $106,640 Mobile Home ................................................. $4,839 18-Hole Golf Course, per course .............. $933,100 Medical Center .......................................... $866,450 Commercial, per gross acre unless otherwise specified Regional ..................................................... $193,561 Note: Mixed Use projects are subject to both the Community ................................................ $270,985 Mixed Use Commercial rate for the commercial Neighborhood, per gross acre .................. $464,546 portion of the project AND the Mixed Use Residential Neighborhood, per 1,000 SF ..................... $46,455 rate for the residential units. Street Front ............................................... $154,849 Retail .......................................................... $154,849 WESTERN TRANSPORTATION DIF Wholesale Trade ....................................... $232,273 Applicable: West of I-805, except Bayfront area Office, per gross acre unless otherwise specified Residential, per dwelling unit (DU) High Rise Office: 6+ stories in height ...... $580,683 Low Density: 0 – 6 DU/gross acre ............... $4,005 Low Rise Office: < 6 stories, per acre ...... $290,342 Medium Density: 6.1 – 20 DU/gross acre .. $3,204 Low Rise Office: < 6 stories, per 1,000 SF $19,356 High Density: > 20.1 DU/gross acre ............ $2,403 Medical Office ........................................... $483,903 Mobile Home ................................................. $2,002 Lodging (Hotel/Motel), per gross acre unless Commercial, per gross acre unless otherwise otherwise specified specified Low Rise Lodging: < 4 stories, per acre .. $193,561 Regional ....................................................... $80,094 Low Rise Lodging: < 4 stories, per room ..... $9,678 Community ................................................ $112,131 High Rise Lodging: 4+ stories in height ... $290,342 Neighborhood, per gross acre .................. $192,224 Neighborhood, per 1,000 SF...................... $19,222 Industry, per gross acre Street Front ................................................. $64,075 Heavy Industry ........................................... $116,137 Retail ............................................................ $64,075 Warehouse/Storage ................................... $58,068 Wholesale Trade ......................................... $96,112 Industrial Park ............................................. $87,102 Light Industrial .......................................... $193,561 Office, per gross acre unless otherwise specified High Rise Office: 6+ stories in height ...... $240,281 Low Rise Office: < 6 stories, per acre ...... $120,140 Low Rise Office: < 6 stories, per 1,000 SF .. $8,009 Medical Office ........................................... $200,234 City of Chula Vista www.chulavistaca.gov 619.691.5021 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 384 October MASTER FEE SCHEDULE FEE BULLETIN 16-100 Page 3 of 3 December 2015 PEDESTRIAN BRIDGE DIFs Otay Ranch Village 1, 2, 5, and 6 Pedestrian Bridge DIF Applicable: Otay Ranch Villages 1, 2, 5, and 6 Single Family, per DU ............................. $1,114843 Multi Family, per DU................................... $826625 Otay Ranch Village 11 Pedestrian Bridge DIF Applicable: Otay Ranch Village 11 Single Family, per DU .................................... $2,390 Multi Family, per DU...................................... $1,776 EUC (Millenia) Pedestrian Bridge DIF Applicable: Millenia Eastern Urban Center Project Single Family, per DU .................................. $615.13 Multi Family, per DU.................................... $456.10 SEWER & DRAINAGE DIFs Telegraph Canyon Drainage Applicable: Telegraph Canyon drainage basin Fee per acre .................................................. $4,579 Telegraph Canyon Sewer, Gravity Flows Applicable: Telegraph Canyon sewer basin Fee per equivalent dwelling unit (EDU) ..... $216.50 Poggi Canyon Sewer, Gravity Flows Applicable: Poggi Canyon sewer basin Fee per equivalent dwelling unit (EDU) ........... $265 Salt Creek Sewer, Gravity Flows Applicable: Salt Creek and Wolf Canyon sewer basins Fee per equivalent dwelling unit (EDU) ....... $1,330 City of Chula Vista www.chulavistaca.gov 619.691.5021 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 385 386 0 ¦¤ East Olympic Parkway Bridge South La Media Bridge Attachment 1 North La Media Bridge West Olympic Parkway Bridge Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 387 0 ¦¤ Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ CITY OF CHULA VISTA PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT FOR OTAY RANCH VILLAGE 2 June 2, 2015 Draft Prepared by: Development Planning & Financing Group 27127 Calle Arroyo, Suite 1910 San Juan Capistrano, CA 92675 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 388 CITY OF CHULA VISTA PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT INDEX DESCRIPTION PAGE 1.Background and Purpose of Report 2 2.Description of Pedestrian Bridges and Cost Estimates 3 3.Area of Benefit 3 4.Development within the Area of Benefit 4 5.Pedestrian Bridge Development Impact Fee Methodology 6 6.Implementation of Pedestrian Bridge Development Impact Fee 7 Map of Pedestrian Bridge Locations Exhibit 1 Map of General Development Plan Exhibit 2 Summary of Pedestrian Bridge Development Impact Fee Exhibit 3 Pedestrian Bridge Development Impact Fee Ordinance Exhibit 4 Village 2 Pedestrian Bridge Development Impact Fee Report June 2, 2015 Page 1 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 389 1.Background and Purpose of Report the request of Baldwin & Sons, LLC Baldwin. In connection with developing residential and non-residential property in Village 2, the development within Village 2 is currently conditioned to construct two pedestrian bridges. The enactment of a pedestrian method of securing the funding for the bridges. Fees have already been collected from developed units which have been issued a building permit within neighborhoods of Village 2 and Village 6. One pedestrian bridge, the West Olympic Parkway Bridge has been completed and fully funded. It is the City intent that the cost of the remaining bridge be shared among the various beneficiaries of such bridges. The purpose of the Report is to determine an appropriate pedestrian bridge development impact fee based on the cost of the pedestrian bridge, the area of benefit, the type of land use and its corresponding benefit. The bridge described in this Report is considered an additional facility need of the City arising as a result of new development. Government Code Section 66000 project or class of development project, and the public improvement for which a development impact fee is charged. To meet the requirements of Government Code 66000, the Report must demonstrate compliance with the following items: Identify the purpose of the fee; Identify the use to which the fee will be put; Determine how ther nexus); and Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is condition of development approval, it must determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of that facility attributable to the development on which the fee is imposed. Government Code Section 66000 also requires that a public agency segregate and account for the fees received separate from the general fund. Additionally, if a public agency has had possession of a developer fee for five years or more and has not committed or expended the funds for a public facility, then the public agency must make a finding describing the continuing need for the fees each fiscal year after the five year period has expired. Village 2 Pedestrian Bridge Development Impact Fee Report June 2, 2015 Page 2 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 390 2.Description of Pedestrian Bridges and Cost Estimate The pedestrian bridge included within this Report is described as follows: (i) South La Media. The West Olympic Parkway Bridge which was part of the existing PBDIF has been completed and fully reimbursed. The East Olympic Parkway Bridge which was also part of the original PBDIF is completed and the constructed bridge has been reimbursed. The location of the bridge is depicted on the map attached to this Report as Exhibit 1. Also, included on the map in Exhibit 1 is the Village 1, 2, 5 and 6 pathway systems and its linkage with the pedestrian bridges described in this Report. A summary of the total estimated cost of constructing the remaining bridge, including soft costs,is summarized as follows: South La Media Bridge Construction Costs Hard Costs: Construction Cost$ 1,600,000 Approach Ramps200,000 Mobilization @ 10%160,000 Contingency @ 25%490,000 $ 2,450,000 Total Hard Costs Soft Costs: Design Cost $ 400,000 Construction & Special Inspection Cost @ 15%367,500 Project Admin. (Audit) @ 2%49,000 Program Admin. @ 5%122,500 Contingency @ 10%93,900 $ 1,032,900 Total Soft Costs Total Hard & Soft Cost$ 3,482,900 The preliminary cost estimate for the South La Media Bridge was prepared by Simon Wong Engineering. The West and East Olympic Parkway Bridges have been completed and final costs are assumed. Aesthetic features include columns and abutments with simulated stone fascia, rectangular columns with a 2-way taper, walkway accent lighting and concrete stain on exposed concrete surfaces. The South La Media Bridge is planned to be 17 feet wide with a 15 foot wide walkway, a total vertical clearance of 20 feet 6 inches, and 483 feet in length. A hard cost contingency factor of 25% has been applied to the South La Media Bridge. The design cost includes the cost of preparing design-related plans, including the cost associated with checking and reviewing such plans. The construction and special inspection cost includes the City inspection cost and the cost of retaining an outside firm with special experience in bridge inspections. The project administration cost includes Village 2 Pedestrian Bridge Development Impact Fee Report June 2, 2015 Page 3 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 391 the Ci monitoring and updating this fee program including, but not limited to, tracking building permits and changes in land use, collecting the fee, and revising cost estimates to ensure the adequacy of this fee program. 3.Area of Benefit The Otay Ranch Villages 1, 2, 5 and 6 Sectional Planning Areas Plan - Parks, Recreation, Open Space, and Trails Master Plan has been designed, in part, to promote the use of transit (bus and light rail), pedestrian and bicycle trails as alternatives to using an automobile to access the village core and to neighboring swhichwill serve as the commercial hub for Villages 1, 2, 5 and 6. Village 1 and 5 have been developed with a village core and Village 2 is planned to contain village core land use components similar to Village 6. A map depicting the General Development Plan land uses, including the village core of Villages 1 and 5, Village 2 and Village 6 is enclosed in Exhibit 2. Pedestrian trails have also been designed to provide access to schools, parks, residential neighborhoods, and open space within villages, as well as between s. The pedestrian bridges described in this Report are an integral part of the pedestrian trail system for the system to operate as designed. The South La Media Bridge crosses La Media Road about equal distance between Olympic Parkway and Birch Road. This bridge serves to connect the pedestrian trail system in Village 6 to the planned pedestrian trail system in Village 2. Village 2 is also planned to have its own pedestrian trail system serving its village core, schools, parks, neighborhoods, and open space. Land within Villages 2 and 6 will benefit from the installation of this bridge primarily due to: (i) its location and proximity to the bridge, and (ii) its ease of access to the bridge based on the trail configuration. A summary of the pedestrian bridge and the two discussion above are as follows. South La Media Bridge Village 2AOB Village 6AOB 4.Development within the Area of Benefit The property within the AOB described in this Report is in various stages of the entitlement process. Property within the AOB has development approvals ranging from General Plan Designation to completed homes allows property owners to obtain building permits and create individual lots. The current entitlement status and land use for property within the AOB by ownership, is as follows: Village 2 Pedestrian Bridge Development Impact Fee Report June 2, 2015 Page 4 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 392 Village 6:This area is near complete and consists of 443 single-family units and 1,094 multi-family units, 13.1 acres of community purpose facility, and a 37.6 acre school site. Only 108 multi-family units remain to be permitted. Village 2: This area consists of 4,545 units. There are 1,116 single family homes, 2,991 multi-family homes, and 438 mixed use units. The approved tentative tract map land uses for Village 2 for residential dwelling units and non-residential acres and the remaining units are described in greater detail in Exhibit 3. The land use assumptions in Exhibit 3 will serve as the basis for allocating the benefit of the remaining pedestrian bridges in determining the pedestrian bridge development impact fee in this Report. The residential land uses within Village 2 will have different degrees of benefit from the installation of the pedestrian bridge. Residential units containing larger square footage will typically hold more people per household than the residential units containing smaller square footage. As such, residential units with a larger number of people per household will inure greater benefit from using the pedestrian trail system and its two bridges than residential units with a smaller number of people per household. The City parkland dedication required by new development projects pursuant to City Ordinance, Chapter 17.10, as modified and approved on November 12, 2002. The PPHF used in Chapter 17.10 can serve as a reasonable method of allocating the bridge benefit to different : residential uses. Chapter 17.10.040 applies PPHF to the following residential uses 3.52 people per household 2.61 people per household Chapter 17.10.040 also applies a factor of 1.50 persons per dwelling unit for hotel/motel land uses, however, this factor is not utilized herein as the pedestrian bridge cost is not allocated to commercial land uses as further described below. For purposes of clarification and the ease of program administration, we have developed the following definitions for the above mentioned residential land use categories: in within a tract with a density of less than or equal to 8 residential units per acre. ny residential unit within a tract with a density greater than 8 residential units per acre or any residential unit within a mixed-use project. For purposes of allocating the bridge benefit to different types of residential uses, the s described in the preceding table were used in this Report. Baldwin has provided or obtained from City data, as noted in Exhibit 3, utilized to estimate the residential product types anticipated to be developed for each planning area. The non-residential property consisting of mixed use, community purpose facility, schools, and parks is considered to inure insignificant benefit from the installation of the Village 2 Pedestrian Bridge Development Impact Fee Report June 2, 2015 Page 5 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 393 two bridges. A small number of employees related to the mixed use and community purpose facility uses may utilize the pedestrian trail system and its two bridges for fitness and recreation purposes during and after work hours, however the degree of this use and benefit inured to these types of properties is considered immaterial and insignificant. The school and park uses are designed to serve and accommodate the residential users in the villages. These land uses do not generate pedestrian trail users, instead their purpose is to serve or accommodate the residential users in the villages. As such, non-residential component of mixed use, community purpose facility, school and park uses within Village 2 are considered exempt from the pedestrian bridge fee obligation described in this Report. 5.Pedestrian Bridge Development Impact Fee Methodology The Steps or methodology used to develop the pedestrian bridge development impact fee applicable to residential units within Village 2 and the 108 remaining units within Village 6isas follows: Step 1: Determine the total construction cost estimate for the remaining bridge. Step 2: Determine the amount of available funds from the existing PBDIF. Step 3: Subtract from the total construction cost estimate in Step 1 the available funds determined in Step 2 to determine the net bridge cost estimate allocable to Village 2. Step 4: For the bridge and corresponding AOB, determine the total number of people per planning area by multiplying the actual and/or planned residential units within the planning area by the applicable PPHF. Step 5: For the bridge and corresponding AOB, determine the total number of people within the AOB by summing the results of each planning area from Step 4. Step 6: For the bridge and corresponding AOB, determine the bridge cost allocable to a planning area by multiplying the applicable bridge cost in Step 4 by the fraction obtained by dividing the total number of people per planning area as determined in Step 4 by the total number of people within the AOB as determined in Step 5. Step 7: For the bridge and corresponding AOB, determine the applicable bridge cost per residential unit by dividing the bridge cost allocable to the planning area as determined in Step 6 by the actual and/or planned residential units within each planning area. Exhibit 3 outlines on a detailed basis the methodology used to calculate the pedestrian bridge development impact fee applicable to residential units within Village 2. Village 2 Pedestrian Bridge Development Impact Fee Report June 2, 2015 Page 6 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 394 6.Implementation of Pedestrian Bridge Development Impact Fee The City Council may periodically review the adequacy of the pedestrian bridge development impact fee established in this Report and the attached Ordinance. The City Council, by resolution, may adjust the amount of this pedestrian bridge development impact fee, as necessary, to reflect changes in: (i) the Engineering News Record Construction Cost Index, (ii) the cost of the pedestrian bridges, and (iii) the land use assumptions used in this Report. The pedestrian bridge development impact fee is required to be paid upon the issuance of a building permit, or if a fee deferral program is in place, prior to final inspection by the City of Chula Vista. A developer may request authorization from the City to construct one or more of the pedestrian bridges. Upon application by a developer to construct a pedestrian bridge, an agreement shall be prepared for City Council action which contains at least the following information and requirements: a)A detailed description of the project, including a preliminary cost estimate; b)The developer shall: (i) prepare plans and specifications for approval by the City, (ii) secure and dedicate any right-of-way required for the project, (iii) secure all required permits, environmental clearances necessary for the construction of the project, (iv) provide performance bonds, and (v) pay all City fees and costs; c)The developer shall advance all necessary funds to construct the project. The City will not be responsible for any construction costs beyond those agreed to in advance by the City of beyond any change orders approved by the City; d)The developer shall secure at least three (3) qualified bids for the construction. Any extra work charges during construction shall be justified and documented; e)When all work has been completed to the satisfaction of the City, the developer shall submit verification to the City of payments made for the construction. The City Manager shall make the final determination on expenditures eligible for credit or cash reimbursement; f)The City shall inspect all construction and verify quantities, in accordance with the City and state code, to ensure the final improvement complies with all applicable standards and is constructed to the satisfaction of the City Engineer; g)The developer will receive a credit against the required development impact fees during the issuance of building permits for the proposed development. If the total construction cost amounts to more than the total required development impact fees, the developer will be paid the excess cash when funds are available as determined by the City Manager. Village 2 Pedestrian Bridge Development Impact Fee Report June 2, 2015 Page 7 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 395 The revised ordinance attached herein as Exhibit 4 addresses, among other things, the developer construction of the pedestrian bridge, the pedestrian bridge development impact fee, the procedure for waiver or reduction of the development impact fee, and exemptions. With the adoption of the pedestrian bridge development impact fee, the following development impact fees identified in Exhibit 4 would apply. Village 2 Pedestrian Bridge Development Impact Fee Report June 2, 2015 Page 8 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 396 0 ¦¤ 397 East Olympic Parkway Bridge h La Media Bridge PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT MAP OF PEDESTRIAN BRIDGE LOCATIONS outh La Media Bridge Nort EXHIBIT 1 West Olympic Parkway Bridge S Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 0 ¦¤ 398 Village 5 Village 6 MAP OF GENERAL DEVELOPMENT PLAN FOR VILLAGES 1, 2, 5 & 6 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT Village 1 EXHIBIT 2 Village 2 Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ EXHIBIT 3 SUMMARY OF PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE PER UNIT South La Media Bridge Village Two: SFD - Fee per Unit$ 843.83 MF - Fee per Unit$ 625.68 Village Six: SFD - Fee per Unit$ 843.83 MF - Fee per Unit$ 625.68 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 399 EXHIBIT 3 CALCULATION OF PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE SOUTH LA MEDIA BRIDGE Total PersonsNo. of RemainingperPersons perCost per PlanningProductUnits to BeHouseholdHouseholdPlanningCost per AreaTypePermittedFactor(1) * (2)AreaUnit (2)(3) Village Two: R-4SFD623.52218.252,317844 R-4ASFD1113.52390.793,665844 R-4BSFD2753.52968.0232,053844 R-5ASFD-3.520.0N/AN/A R-5BSFD83.5228.26,751844 R-6SFD693.52242.958,224844 R-7SFD673.52235.856,537844 R-8ASFD-3.520.0N/AN/A R-8B/R-9BSFD373.52130.231,222844 R-8CSFD513.52179.543,035844 R-9ASFD333.52116.227,846844 R-10ASFD443.52154.937,128844 R-10BSFD393.52137.332,909844 R-11SFD1523.52535.0128,262844 R-12AMF3002.61783.0187,704626 R-12BMF3002.61783.0187,704626 R-13ASFD-3.520.0N/AN/A R-13BSFD-3.520.0N/AN/A R-14MF-2.610.0N/AN/A R-15AMF162.6141.810,011626 R-15BMF62.6115.73,754626 R-16AMF382.6199.223,776626 R-16BMF172.6144.410,637626 R-17MF442.61114.827,530626 R-17AMF342.6188.721,273626 R-17BMF952.61248.059,440626 R-18A-aMF382.6199.223,776626 R-18B-aMF432.61112.226,904626 R-18A-bMF242.6162.615,016626 R-18B-bMF52.6113.13,128626 R-19AMF502.61130.531,284626 R-19BMF392.61101.824,402626 R-20MF802.61208.850,054626 R-21AMF142.6136.58,760626 R-21BMF532.61138.333,161626 R-23MF932.61242.758,188626 R-24MF592.61154.036,915626 R-25AMF3302.61861.3206,474626 R-27MF1752.61456.8109,494626 R-28MF962.61250.660,065626 R-29MF1702.61443.7106,366626 R-30MF-2.610.0N/AN/A MU-1MF382.6199.223,776626 MU-2MF502.61130.531,284626 MU-3MF902.61234.956,311626 C-1MF2602.61678.6162,677626 Subtotal3,505 10,0112,399,813 Village Six: MU 1/CPF 1MF1082.61281.967,573626 Total 3,61310,293$ 2,467,386 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 400 EXHIBIT 3 CITY OF CHULA VISTA PEDESTRIAN BRIDGE COST ESTIMATE South La MediaWest OlympicEast Olympic BridgePkwy Bridge(a)Pkwy Bridge(a)Total Hard Costs: Construction Cost$ 1,600,000 Approach Ramps200,000 Mobilization @ 10%160,000 Contingency @ 25%490,000 Total Hard Costs $ 2,450,000 Soft Costs: Design Cost $ 400,000 Construction & Special Inspection Cost @ 15%367,500 Project Admin. (Audit) @ 2%49,000 Program Admin. @ 5%122,500 Contingency @ 10%93,900 Total Soft Costs $ 1,032,900 Total Hard & Soft Cost $ 3,482,900$ 2,607,230$1,697,429$ 7,787,559 Less: Funds Available for Bridge CFD 08-I$ -$ -$ (915,134)$ (915,134) CFD 2001-2--(513,586)(513,586) CFD 99-1(848,036)-(848,036) Pedestrian Bridge DIF Fund(1,015,514)(1,759,194)(268,709)(3,043,417) Remaining Bridge Cost $ 2,467,386(b)$ -(b)$ 2,467,386 4444444444444A4 Footnotes: (a)Based on actual costs incurred by The Otay Ranch Company to construct bridge. (b)Village 2 to fund approximately one-half of the South La Media Bridge and the West Olympic Parkway Bridge. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 401 City of Chula Vista Staff Report File#:15-0658, Item#: 15. CONSIDERATIONOFAPPROVINGTHEDEVELOPMENTANDOPERATIONOFACHULAVISTA BMW DEALERSHIP RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGANOWNER PARTICIPATIONAGREEMENTBETWEENTHECITYANDSUNROADBCVHOLDING,INC.OR ANAFFILIATE;MAKINGCERTAINFINDINGSINCONNECTIONTHEREWITH;AND AUTHORIZINGTHEEXECUTIONANDIMPLEMENTATIONOFSAIDOWNERPARTICIPATION AGREEMENT RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY ThisproposedOwnerParticipationAgreement(“SunroadOPA”)withSunroadBCVHolding,Inc.or anaffiliate(the“Participant”)representsasignificantmilestoneintheCity’slong-termeffortsto innovativelyandeffectivelyplanfortheCity’sunfoldingautopark.TheSunroadOPAwillguidethe developmentofaproposed3.85-acreBMWautodealershipconsistingofa28,038-square-foot building(showrooms,administrativeoffices,servicearea,etc.),andservicereceptionarea.BMWwill bethefirstluxuryautodealershipthatwillbebuiltandoperatedaspartoftheCity’sAutoParkEast andAutoParkNorthSpecificPlans.TheSunroadOPAprovidesforthesaletotheCityofatwenty (20)yearoperatingcovenant,andtheCity’spaymentoftheoperatingcovenantpurchasepriceofup to $3.3 million over that 20 year period. ENVIRONMENTAL REVIEW Environmental Notice TheenvironmentalimpactsoftheChulaVistaAutoParkEastwereevaluatedinthepreviously adopted Mitigated Negative Declaration IS-02-010 for the Auto Park East project and specific plan. Environmental Determination NoadditionalCEQAfindingsarerequiredatthistimebecausetheSunroadOPAdoesnotapprove anyspecificdevelopment,butratherisagovernmentfundingmechanismandfiscalactivitythatdoes notinvolveanycommitmenttoanyspecificprojectwhichmayresultinapotentiallysignificant physicalimpactontheenvironmentwithinthemeaningofSection15378(b)(4)oftheCEQA Guidelines,Chapter3ofTitle14oftheCaliforniaCodeofRegulations;thereforeapprovalofthe SunroadOPAdoesnotconstituteapprovalofa“project”underCEQA.Thedevelopmentofthe City of Chula VistaPage 1 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 402 File#:15-0658, Item#: 15. ApprovedDealershipwillbesubjecttocompliancewithallfederal,stateandlocallaws,includingthe ChulaVistaMunicipalCodeandCEQA,priortoapprovalofentitlementsorissuanceofpermitsby the City. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION TheCityhasproactivelyplannedforthedevelopmentofanautoparkalongtheMainStreetcorridor eastoftheI-805FreewaybetweenBrandywineAvenueandMaxwellRoad.Aspartofthose planningactivities,Citystaffhaveworkedcloselywithexistingautodealerships,prospective dealerships,andmasterdeveloperstocoordinateandassemblemanymovingpartsthatcomprise the auto park in Chula Vista, including: Specific plans for two auto parks, North and East. Environmental (CEQA) review. Master OPAs with master developers. Adealershipownersassociation,comprisedofallexistingandfuturedealerships,with association governed covenants, conditions, and restrictions (CC&Rs). Individual OPAs with individual property owners and dealerships. WithrespecttotheSunroadpropertyandBMWdealership,anumberofpriorCityapprovalshave preceded the current proposed Sunroad OPA: OnJune1,2004,theCityadoptedaMitigatedNegativeDeclaration(IS-02-010)fortheAuto ParkEastprojectandspecificplan,includingallfuturedealership-specificprojects(including the proposed BMW dealership). OnJune8,2004,theCityadoptedOrdinanceNo.2965adoptingaspecificplan(PCM-02-10) forthe29-acreAutoParkEastproperty.TheSpecificPlanestablishestheCity’slanduse policiesandentitlementsthatgovernthe29-acreAutoParkEastpropertyandallfutureauto dealerships within. OnAugust24,2004,theCityCouncilapprovedtheMasterOwnerParticipationAgreement (“MasterOPA”)withFredBorst,BorstFamilyTrust,FaskLand,Inc.,establishingdevelopment standardsandperformancerequirementsforthe29acresofterritorywithintheAutoParkEast SpecificPlan.TheMasterOPAsetsforthanumberofdeveloperobligationsofboththe existingmasterdeveloperandfutureindividualpropertyownersanddealershipowners,such asSunroadBCVHolding,Inc.andtheBMWautodealership.TheMasterOPAandthe proposedSunroadOPAwillconcurrentlyguidethedevelopment,maintenance,andoperation of the Sunroad property as a “first quality, first class” auto dealership. City of Chula VistaPage 2 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 403 File#:15-0658, Item#: 15. TheSunroadOPAwillensurea“firstquality,firstclass”BMWdealershipthroughtheimpositionand purchase,bytheCity,ofrestrictiveandlimitingoperatingcovenantsonthepropertyanddealership, includingspecifieddevelopmentobligations,maintenancerequirements,non-discrimination covenants,andrestrictiveoperatingcovenants.Athoroughanalysiswaspreparedandreviewedby staffinordertoarriveattheappropriatelevelofassistanceinexchangeforthepurchaseofatwenty (20)yearoperatingcovenant.Theassistanceprovidedthroughthepurchaseoftheoperating covenantonthepropertyanddealershipwillensureandprovideforthedevelopmentand maintenance of a “first quality, first class” BMW dealership for 20 years. InexchangefortheParticipant’sacceptanceofandcompliancewiththoserequirementsand restrictionsontheland,andthedevelopmentandmaintenanceofthepropertyasa“firstquality,first class”BMWautodealership,theCitywillagreeundertheSunroadOPAtomakequarterlypayments totheParticipantcalculatedasapercentageoftheCity’sshareofnetsalestaxrevenuesgenerated bytheproject.Thestructureofthemonetarydisbursementsandconditionsofdisbursementare further described below. Disbursement Structure and Schedule QuarterlydisbursementswillbemadebytheCitytotheParticipantinaccordancewithapre-determinedscheduleof disbursements.TheSunroadOPAprovidesthattheCitywillpayanamountequaltofiftypercent(50%)oftheCity’s SalesandUseTaxRevenuegeneratedbytheoperationoftheapprovedDealershippaidbytheCitypursuanttoSection 201.3uptoatotalaggregateamountoftheOperatingCovenantPurchasePriceof$3.3million.Disbursementswillbe distributedeachquarter,commencingwiththeCity’sreceiptofSalesandUseTaxrevenuesfromtheoperationofthe BMWDealershipduringthefirstquarterafterParticipanthascommencedoperations.Disbursementamountwillbe calculated as a percentage portion of the City’s share of sales tax revenues generated by Participant. ThestructureoftheagreementconceptuallyrepresentsasharedperformanceagreementbetweentheCityandthe Participant whereby both parties will proportionately benefit from the BMW dealership’s level of performance. Conditions of Disbursement InadditiontoallofthemaintenancerequirementsandoperatingcovenantscontainedintheSunroadOPA,the Agreement further establishes the following conditions of disbursement: 1.ExecutionandDeliveryofDocuments.TheOperatingCovenantshallhavebeenexecutedbytheCityand the Participant and recorded against the property in the official records of San Diego County. 2.Insurance. The Participant shall have provided proof of insurance as required. 3.RegulatoryApprovals.Assumingnoprotestshavebeenlodgedagainstthelocationandopeningofthe dealership,theParticipantshallhaveobtainedanylegallyrequiredregulatoryapproval(s)fromapplicable governmentalagency(ies)relatedtotheParticipant’sownershipandoperationoftheapplicabledealership on the property. 4.ManufacturerApproval.TheParticipantshallhavereceivedanyrequiredapproval(s)fromthemanufacturerfor the operation of the applicable dealership upon the property. 5.PaymentofTaxes.Noadvaloremrealpropertytaxesorassessmentsassessedwithrespecttotheproperty shallbedelinquent,norshallanysalesandusetaxesassessedwithrespecttotheSitepursuanttotheSales Tax Law be delinquent. 6.NoDefault.Thereshallexistnocondition,covenant,eventoractwhichwouldconstituteaneventofdefault,or which, upon the giving of notice or the passage of time, or both, would constitute an event of default. 7.DealershipContinuousOperation.Theapplicabledealershiponthepropertyshallbeincontinuousoperation City of Chula VistaPage 3 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 404 File#:15-0658, Item#: 15. and generating sales tax revenues in compliance with the Operating Covenant and the Sunroad OPA. 8.AnnualAppropriation.TheCityCouncilshallhavemadeanappropriationfortheapplicablequarterly Disbursement Payment pursuant to Section 201.1. 9.EnvironmentalConditionoftheProperty.TheParticipantshallnotbeindefaultoftherequirements regarding the environmental condition of the property. 10.FinancialReport.TheParticipantshallhaveprovidednecessarydocumentationandannualcertificationrequired by section 201.4 relating to the Sales and Use Tax revenues and compliance with the Operating Covenant. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnopropertyholdingswithin500feet oftheboundariesofthepropertywhichisthesubjectofthisaction.Consequently,thisitemdoesnotpresenta disqualifyingrealproperty-relatedfinancialconflictofinterestunderCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofanyotherfactthatmay constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,HealthyCommunity,Strong andSecureNeighborhoodsandaConnectedCommunity.TheSunroadOPAsupportstheEconomicVitalitygoal2.1.2 as it fosters investment in Western Chula Vista or more specifically the Chula Vista Auto Park. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact by adoption of this resolution. ONGOING FISCAL IMPACT Theon-goingfiscalimpactoftheSunroadOPAwillbeanamountequaltofiftypercent(50%)oftheCity’sSalesandUse TaxRevenuegeneratedbytheoperationoftheapprovedDealershipuptoanaggregateamountoftheOperating CovenantPurchasePriceof$3.3million.Disbursementswillbedistributedeachquarter,commencingwiththesecond quarterafterParticipanthascommencedoperations.Disbursementamountwillbecalculatedasapercentageportionof the City’s share of sales tax revenues generated by Participant. ATTACHMENTS 1.Owner Participation Agreement 2.Report required pursuant to Government Code Section 53083(a) (AB 562) Staff Contact: Eric Crockett, Director of Economic Development City of Chula VistaPage 4 of 4Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 405 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE CITY ANDSUNROAD BCV HOLDING, INC.OR AN AFFILIATE; MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH; AND AUTHORIZING THE EXECUTION AND IMPLEMENTATION OF SAID OWNER PARTICIPATION AGREEMENT WHEREAS, the City of Chula Vista(“City”) is a California municipal corporationand charter city; and WHEREAS, the City wishes to facilitate and ensure the opening and continued operation of a new BMW automobile dealership (collectively, the “Approved Dealership”) in the City for at least twenty (20) years; and WHEREAS, Sunroad BCV Holding, Inc. (the “Participant”) is a California corporation qualified to do business inthe State of California; and WHEREAS, the Participant (or an affiliate)ownsapproximately 3.85 acresof vacantreal property, which is located along the southerly side of Main Street, east of Brandywine Avenue and west of Maxwell Road, within the City(the “Site”); and WHEREAS, the Site is located within the Chula Vista Auto Mall East, which was planned as an auto mall in the early 1990s and at the time was anticipated to be a fully developed and operating auto mall within 10 years; and WHEREAS, various environmental conditions and economic obstacles prevented the development of portions of the Chula Vista Auto Mall East, including the Site, for many years; and WHEREAS, the Participant (or its affiliate) acquired the Site as part of a larger 29 acre parcel in 2004 and subsequently developed another portion of that larger parcel with a Toyota dealership in 2006; the Toyota dealership continues to operate in the City; and WHEREAS, City and Participant desire for Participant to open and operate an Approved Dealership at the Siteand for Participant to convey an Operating Covenant to the City committing the Participant to continue operation of the Approved Dealership for a period of at least 20 years; and C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@10060E8E\\@BCL@10060E8E.docx ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 406 Resolution No. _________ Page 2 WHEREAS, operation of the Approved Dealership at the Site will provide the following benefits to the City and the community: 1.The development of a BMW dealership is estimated to increase the assessed valuation of the site by approximately $13 million over the current value of approximately $1,182,327 increasing property tax revenues to the City and other local taxing agenciesby approximately 92 percentat full implementation of the project; 2.The operation of the BMW dealership will provide 40 full time (temporary) construction jobs, 80 permanent full time operational positions and 3 part-time operational positions; 3.The operation of the BMW dealership over the 20 year period of the operating covenant is estimated to generate approximately $1.2 billion in taxable sales; 4.The netsales tax to the city over the 20 year period of the operating covenant is estimated to be approximately $6 million in new revenue to the general fund; 5.The renovation of the Improvements at the Site and the operation of the Approved Dealership at the Site are anticipated to increase the property values and revitalize the neighborhood surrounding the Site, by drawing consumers and employees to the area, thereby stimulating the local economy; 6.The City anticipates that the operation of the Approved Dealership at the Site will help to foster a business and civic environment that will attract additional businesses and investment in the community due to the increased public and private services resulting from the generation of jobs, tax revenues, and consumers in the City and the area surrounding the Site; and WHEREAS, the City desires to enter into an Owner Participation Agreement (the “OPA”) with the Participant to purchase an Operating Covenantfor the operation of the Approved Dealership at the Site for a period of 20 years for an Operating Covenant Purchase Price of up to $3.3 million, to be paid over the course of the Operating Covenant Period in an annual amount equal to fifty percent of thenet Sales and Use Tax revenues actually received by the City from the operation of the Approved Dealership at the Site; and WHEREAS, initially capitalized terms used in this Resolution without definition shall have the meanings set forth in the OPA; and WHEREAS, City has authority to enter into the OPAand provide the Operating Covenant Purchase Price pursuant to Government Code Sections 52200, et seq.and the Charter of the City of Chula Vista; and WHEREAS, the City (i) made the information required byGovernment Code Section 53083(a) available to the public in written form and on the City’s website and (ii) held a noticed ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 407 Resolution No. _________ Page 3 public hearing regarding the OPAand City’s obligation therein to pay the Operating Covenant Purchase Price as required by Government Code Section 53083(b); and WHEREAS, On June 1, 2004 the City adopted a Mitigated Negative Declaration (IS-02- 010) for the Auto Park East project and specific plan, including all future dealership-specific projects;and WHEREAS, the City has duly considered all terms and conditions of the proposed OPA and believes that development of the Site and operation of the Approved Dealership thereon pursuant to the OPAis in the vital and best interest of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of applicable requirements of State and local law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as follows: 1.The City Council hereby finds and determines that the recitals set forth above are true and correct and are incorporated herein by reference as if set forth in full. 2.The City Council hereby finds and determines, based upon substantial evidence provided in the record before it, that (a) the OPA is an agreement that will increase property tax revenues to all property tax collecting entitiesby at least 15 percent at full implementation and operation of the Dealership when compared to the year prior to the execution of the OPA; (b) implementation of the OPA will promote the public peace, health, safety, and welfare of the City of Chula Vista and its residents; (c) the Operating Covenant Purchase Price is reasonably necessary to induce and ensure the opening and operation of the Approved Dealership; and (d) the Approved Dealership is projected to generate approximately $1.2 billion in taxable sales over the course of the 20 year Operating Period. 3.The City Council hereby finds and determines, based upon substantial evidence provided in the record before it, that the City, as lead agency, has complied with the applicable requirements of the California Environmental Quality Act (“CEQA”) with respect to the approval of the OPA. The environmental impacts of the Chula Vista Auto Park East were evaluated in the previously adopted Mitigated Negative Declaration IS-02-010 for the Auto Park East project and specific plan. No additional CEQA findings are required at this time because the OPA does not approve any specific development, but rather is a government funding mechanism and fiscal activitythat does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environmentwithin the meaning of Section 15378(b)(4) of the CEQA Guidelines, Chapter 3 of Title 14 of the California Code of Regulations; therefore approval of the OPA does not constitute approval of a “project” under CEQA. The development of the Approved Dealership will be subject to compliance with all federal, state and local laws, including the Chula Vista Municipal Code and CEQA, prior to approval of entitlements or issuanceof permits by the City. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 408 Resolution No. _________ Page 4 4.The City Council hereby finds and determines, based upon substantial evidence provided in the record before it, that the development, opening and operation of the Approved Dealership will be of material benefit to the City and to the citizens of, and property owners in, the City and surrounding areas, because the construction and operation of the Approved Dealership will encourage and foster the economic revitalization of the City for the people in the area and the general public as a whole; increase property tax available to the City and other taxing agencies; increase sales tax revenues available to the City; and create jobs within the City. 5.That the City Council hereby approves the Owner Participation Agreement between the City and Sunroad BCV Holding Inc.(or an affiliate),inthe form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kepton file in the Office of the City Clerk, and authorizesand directsthe Mayor to executesame.”The City Manager and his authorized designees are authorized to take such actions as may be necessary or appropriate to implement the OPA, including executing further instruments and agreements, issuing warrants, and taking other appropriate actions to perform the obligations and exercise the rights of the City under the OPA. Presented byApproved as to form by Eric C. CrockettGlen R. Googins Director of Economic DevelopmentCity Attorney ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 409 IN . lli�� 0�90 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY . THE CITY COUNCIL • Glen R. i (D ity Akmey Dated: PROPOSED OWNER PARTICIPATION AGREEMENT BETWEEN THE CITY OF CFfULA VISTA AND SUNROAD BCV HOLDING, INC. (OR AFFILIATE) OWNER PARTICIPATION AGREEMENT by and between CITY OF CHULA VISTA and SUNROAD BCV HOLDING, INC. DOCSOC/1731276v7/024036 -0000 TABLE OF CONTENTS Page 100. DEFINITIONS ........................................................................................... ............................... 2 200. CITY'S PURCHASE OF OPERATING COVENANT ............................. ............................... 6 201. Consideration for Operating Covenant .......................................... ............................... 6 201.1 Operating Covenant Purchase Price .................................. ............................... 6 Third Party Litigation Concerning Agreement .............................. .............................16 201.2 Payment of Operating Covenant Purchase Price ............... ............................... 6 308. 201.3 Conditions Precedent to Each Quarterly Disbursement of the 309. Operating Covenant Purchase Price .................................. ............................... 7 201.4 Verification of Quarterly Sales and Use Tax Revenue ...... ............................... 8 202. Representations and Warranties ..................................................... ............................... 9 311. 202.1 City Representations .......................................................... ............................... 9 202.2 Participant's Representations ............................................ .............................10 300. COVENANTS AND RESTRICTIONS ..................................................... .............................10 Default ............................................................................................ .............................17 301. Use in Accordance with Operating Covenant ................................ .............................10 Institution of Legal Actions ........................................................... .............................17 302. Operating Covenant ....................................................................... .............................11 Termination by Participant ............................................................ .............................18 302.1 Covenant to Operate Approved Dealership on Site ........... .............................11 Termination by City ....................................................................... .............................18 302.2 No Competing Dealership; Operation to Maximize Sales and Use Tax Acceptance of Service of Process .................................................. .............................18 Revenues........................................................................... .............................11 Rights and Remedies Are Cumulative ........................................... .............................18 302.3 Default and Excused Closure ............................................ .............................11 Inaction Not a Waiver of Default ................................................... .............................18 302.4 Covenants to Run with Land ............................................. .............................12 Applicable Law .............................................................................. .............................19 303. Condition of the Site ...................................................................... .............................12 303.1 Compliance with Environmental Laws ............................. .............................12 303.2 Presence of Hazardous Materials ...................................... .............................12 303.3 Notice of Environmental Matters ...................................... .............................12 303.4 Participant Environmental Indemnity ................................ .............................12 304. Compliance With Laws .................................................................. .............................13 304.1 Indemnification .................................................................. .............................13 304.2 Obligation to Refrain from Discrimination ....................... .............................13 304.3 Nondiscrimination in Employment ................................... .............................14 305. Maintenance ................................................................................... .............................14 306. Indemnification and Insurance Requirements ................................ .............................14 306.1 Indemnity ........................................................................... .............................14 DOCSOC/1731276v7/024036 -0000 306.2 Insurance Requirements .................................................... .............................15 306.3 Additional Conditions to Insurance Requirements ............ .............................16 307. Third Party Litigation Concerning Agreement .............................. .............................16 308. Sales and Use Tax Sharing Claims ................................................ .............................16 309. AB 562 Obligations ....................................................................... .............................17 310. Effect of Violation of the Terms and Provisions of this Agreement ..........................17 311. Recordation of Operating Covenant .............................................. .............................17 400. DEFAULTS AND REMEDIES ................................................................. .............................17 401. Default ............................................................................................ .............................17 402. Institution of Legal Actions ........................................................... .............................17 403. Termination by Participant ............................................................ .............................18 404. Termination by City ....................................................................... .............................18 405. Acceptance of Service of Process .................................................. .............................18 406. Rights and Remedies Are Cumulative ........................................... .............................18 407. Inaction Not a Waiver of Default ................................................... .............................18 408. Applicable Law .............................................................................. .............................19 DOCSOC/1731276v7/024036 -0000 TABLE OF CONTENTS (continued) Page 500. GENERAL PROVISIONS ......................................................................... .............................19 501. Notices, Demands and Communications Between the Parties ...... .............................19 502. Enforced Delay; Extension of Times of Performance ................... .............................19 503. Transfers of Interest in Site or Agreement ................................... ............................... 20 503.1 City Approval Required .................................................. ............................... 20 503.2 Permitted Transfers ........................................................... .............................20 503.3 City Consideration of Requested Transfer ...................... ............................... 21 503.4 Successors and Assigns ................................................... ............................... 21 503.5 Transfer During Operating Covenant Period ................... ............................... 21 503.6 Operating Covenant Purchase Price Payments ................ ............................... 21 504. Non Liability of Officials and Employees of City ....................... ............................... 21 505. Relationship Between City and Participant ................................. ............................... 21 506. City Approvals and Actions ......................................................... ............................... 22 507. Counterparts ................................................................................. ............................... 22 508. Integration .................................................................................... ............................... 22 509. Titles and Captions ........................................................................ .............................22 510. Interpretation ................................................................................ ............................... 22 511. No Waiver .................................................................................... ............................... 22 512. Modifications ............................................................................... ............................... 22 513. Severability .................................................................................. ............................... 22 514. Computation of Time ................................................................... ............................... 22 515. Legal Advice ................................................................................ ............................... 23 516. Time of Essence ........................................................................... ............................... 23 517. Cooperation .................................................................................. ............................... 23 518. Conflicts of Interest ...................................................................... ............................... 23 ATTACHMENTS Attachment No. 1 Legal Description Attachment No. 2 Operating Covenant Attachment No. 3 Certificate of Compliance ii DOCSOC/1731276v7/024036 -0000 OWNER PARTICIPATION AGREEMENT This OWNER PARTICIPATION AGREEMENT (the "Agreement ") is dated as of December 15, 2015 ( "Date of Agreement "), for reference purposes only, by and between the CITY OF CHULA VISTA, a California charter city and municipal corporation (the "City "), and SUNROAD BCV HOLDING, INC., a California corporation, or its intended assignee, Sunroad BCV Auto, Inc., a California corporation (the "Participant "). RECITALS A. Participant owns approximately 3.85 acres of vacant real property located along the southerly side of Main Street, east of Brandywine Avenue and west of Maxwell Road, within the City of Chula Vista, California, as more particularly described in the Legal Description attached hereto as Attachment No. 1 and incorporated herein by this reference (the "Site "). B. The Site is located within the Chula Vista Auto Mall East, which was planned as an auto mall in the early 1990s. Various environmental conditions and economic obstacles prevented the development of portions of the Chula Vista Auto Mall East, including the Site, for many years. The Participant (or its affiliate) acquired the Site as part of a larger 29 acre parcel in 2004 and subsequently developed another portion of that larger parcel with a Toyota dealership in 2006; the Toyota dealership continues to operate in the City. C. City and Participant desire for Participant to open and operate an Approved Dealership (defined below) at the Site. D. Operation of the Approved Dealership at the Site will provide the following benefits to the City and the community: 1. The development of a BMW dealership is estimated to increase the assessed valuation of the site by approximately $13 million over the current value of approximately $1,182,327 increasing property tax revenues to the City and other local taxing agencies by approximately 92 percent at full implementation of the project; 2. The operation of the BMW dealership will provide approximately 40 full time (temporary) construction jobs, approximately 80 permanent full time operational positions and approximately three part -time operational positions. 3. The operation of the BMW dealership over the 20 year period of the operating covenant is estimated to generate approximately $1.2 billion in taxable sales. 4. The net sales tax to the city over the 20 year period of the operating covenant is estimated to be approximately $6 million in new revenue to the general fund. 5. The renovation of the Improvements at the Site and the operation of the Approved Dealership at the Site are anticipated to increase the property values and revitalize the neighborhood surrounding the Site, by drawing consumers and employees to the area, thereby stimulating the local economy. DOCSOC/1731276v7/024036 -0000 6. The City anticipates that the operation of the Approved Dealership at the Site will help to foster a business and civic environment that will attract additional businesses and investment in the community due to the increased public and private services resulting from the generation of jobs, tax revenues, and consumers in the City and the area surrounding the Site. E. The parties desire to enter into this Agreement in order to provide for the sale by Participant to City of the Operating Covenant, and the City's payment of the Operating Covenant Purchase Price to Participant, all as described in more detail herein. F. The operation by Participant of the Approved Dealership on the Site, as provided for in this Agreement, is in the vital and best interest of the City of Chula Vista and the welfare of its residents and is in accordance with the public purposes and provisions of applicable state and local laws. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Participant hereby agree as follows: 100. DEFINITIONS All terms not otherwise defined herein shall have the meanings set forth below: "Agreement" means this Owner Participation Agreement between City and Participant. "Affiliate" or "Affiliates" refers to any entity that operates an automotive dealership and is owned, at least in part, by one or more of Participant's members. "Approved Dealership" means the BMW automobile dealership which the Participant proposes to develop and operate on the Site as a new vehicle dealership devoted to the sale of new automobiles and trucks, together with incidental and accessory uses such as vehicle repairs, sales of parts, and the sale and purchase of used vehicles. The Approved Dealership shall be operated as a "first quality, first class" automobile dealership. "Authorized Product Line" means BMW and such other and additional product lines, if any, as may be permitted by BMW, in this Agreement or as may hereafter be designated by the mutual written agreement of City and Participant. "Certificate of Compliance" means the Certificate of Continuing Compliance with Operating Covenant and Owner Participation Agreement in the form set forth as Attachment No. 3 and incorporated herein. "City" means the City of Chula Vista, California. "Closure" means the failure of Participant to operate an Approved Dealership on the Site for one hundred thirty -five (13 5) or more consecutive days. "County" means the County of San Diego, California. "Date of Agreement" means the date set forth in the first paragraph hereof, which date is provided for reference purposes only. 2 DOCSOC/1731276v7/024036 -0000 "Default" means the failure of a party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and opportunity to cure, as set forth in Section 401 hereof. "Effective Date" means the date on which all of the following conditions to effectiveness of this Agreement have occurred: (i) This Agreement has been approved and executed by the authorized representative of Participant and delivered to the City; and (ii) This Agreement has been approved by the City Council of the City of Chula Vista at a public meeting of the City after notice and public hearing as required by Government Code Section 53083; and such approval has been evidenced by a resolution adopted by the City Council; and (iii) This Agreement has been executed by the appropriate officers of the City and delivered to Participant; and (iv) Participant has demonstrated to the City's satisfaction that Participant has acquired fee simple title to the Site; and (v) Participant has opened the Approved Dealership for business at the Site. "Environmental Law" means any state or local law, statute, ordinance or regulation pertaining to environmental regulation, contamination or cleanup of any Hazardous Materials, including, without limitation: (i) Sections 25115, 25117, 25122.7 or 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley- Tanner Hazardous Substance Account Act), (iii) Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (vi) Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq. (42 U.S.C. Section 6903), (vii) Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq., or (viii) any state or federal lien or "superlien" law, any environmental cleanup statute or regulation, or any permit, approval, authorization, license, variance or permission required by any governmental authority having jurisdiction. "Excused Closure" means a Closure due to: (i) required or necessary rehabilitation of the Improvements on the Site (provided that the period during which an Approved Dealership is not operated as a result of the rehabilitation shall in no event exceed one hundred thirty -five (135) days unless the Parties agree to a longer term in writing), or (ii) floods, earthquakes, fires, or other acts of God which are not in any way due to the acts or omissions of Participant. "Franchise Agreement" means one or more franchise agreement(s) entered into by Participant with [BMW of North America] and /or other automobile Manufacturer(s) of one or more Authorized Product Lines relative to the operation of the Authorized Dealership on the Site. 3 DOCSOC/1731276v7/024036 -0000 "Governmental Requirements" means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the county, the City, or any other political subdivision in which the Site is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over City, the Participant or the Site, including, without limitation, all applicable state labor standards, the City zoning and development standards, building, plumbing, mechanical and electrical codes, all other provisions of the City Municipal Code, all applicable disabled and handicapped access requirements, including, all applicable federal, state, and local public works requirements, including the requirement to pay prevailing wages and hire apprentices pursuant to Labor Code Section 1720 et seq., the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 1113 5, et seq., the Unruh Civil Rights Act, Civil Code Section 51, et seq., and all other applicable federal, state, and local laws. "Hazardous Materials" means any substance, material or waste which is or becomes, regulated by any local governmental authority, the State of California or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "acutely hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (ix) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903), (x) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 et seq. (42 U.S.C. Section 9601), (xi) Methyl - Tertiary Butyl Ether, or (xii) any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever, which by any Governmental Requirements either requires special handling in its use, transportation, generation, collection, storage, handling, treatment or disposal, or is defined as "hazardous" or harmful to the environment. "Improvements" means the improvements to be rehabilitated and /or constructed on the Site in accordance with the plans, specifications, entitlements, and permits obtained from and /or approved by the City as well as any and all applicable Governmental Requirements and Regulatory Approvals. "Legal Description" means the legal description of the Site which is attached hereto as Attachment No. 1 and incorporated herein. "Manufacturer" means the manufacturer of one or more Authorized Product Lines. "Notice" means a notice in the form prescribed by Section 501 hereof. "Operating Covenant" means the Operating Covenant which is attached hereto as Attachment No. 2 and incorporated herein. 4 DOCSOC/1731276v7/024036 -0000 "Operating Covenant Period" commences on the Effective Date and ends at the end of the twentieth (20th) Year of this Agreement. "Operating Covenant Purchase Price" means the purchase price, not to exceed Three Million, Three Hundred Thousand Dollars ($3,300,000), or as much thereof as is disbursed by the City as set forth in Section 201.2, to be paid by the City to Participant in consideration of Participant's conveyance to the City and ongoing compliance with the Operating Covenant during the entire Operating Covenant Period, as set forth in Section 201, et seq. "Outside Opening Date" shall mean December 31, 2018. "Participant" means Sunroad BCV Holding, Inc., a California corporation, or its intended assignee, Sunroad BCV Auto, Inc., and its permitted successors and assigns. "Permanent Closure" means that the business operation of the Approved Dealership on the Site has ceased for more than one (1) year; however, a closure of the Approved Dealership on the Site shall not be deemed to be a Permanent Closure if the closure is an Excused Closure. "Point of Sale or Lease" means the geographical location to which the State Board of Equalization attributes the occurrence of a sale or lease as occurring for purposes of allocation taxes pursuant to the Sales Tax Law. "Quarter" means one calendar Year divided into four quarters, with the quarters commencing on January 1, April 1, July 1, and October 1 of each calendar year during the Operating Covenant Period. The first Quarter hereunder shall commence on the first January 1, or April 1, or July 1, or October 1 first following the Effective Date and shall end on the next following March 31, June 30, September 30 or December 31 thereafter, as applicable. During the entire Operating Covenant Period hereunder there are up to (but in no event to exceed) forty (40) Quarters; subject to the provisions of Section 201, et seq. and all provisions of the Agreement referenced therein. During each of the up to forty (40) Quarters, the amount of Sales and Use Tax Revenue generated by operation of the Approved Dealership at the Site and allocated to and received by the City shall be calculated by the City to determine an amount equal to such revenues eligible to be paid as the Quarterly Disbursement Payment, all subject to the provisions of Section 201, et seq. and all provisions of the Agreement referenced therein. "Quarterly Disbursement" and "Quarterly Disbursement Payment" each mean the disbursement of the Operating Covenant Purchase Price to be made by the City each Quarter pursuant to Section 201, et seq. "Regulatory Approvals" means any and all such approvals as may be required from the California New Motor Vehicle Board, and any other applicable governmental agency, to allow the Site to be utilized as part of the Approved Dealership for the sale and storage of new motor vehicles and other products manufactured by a Manufacturer of an Authorized Product Line. "Sales and Use Tax Revenue" means that portion of taxes derived and received by the City and available in the City's general fund for unrestricted use from the imposition of the Sales Tax Law, on transactions having the Site as a Point of Sale or Lease. Sales and Use Tax Revenue shall include those taxes attributable to lease payments made during the Operating Covenant Period for leases of automobiles which were originated at the Site during the Operating Covenant Period but 5 DOCSOC/1731276v7/024036 -0000 shall not include those taxes attributable to lease payments made after the commencement of the Operating Covenant Period for leases of automobiles which were originated at the Site prior to the commencement of the Operating Covenant Period. "Sales Tax Law" means the Bradley Burns Uniform Local Sales and Use Tax Law, California Revenue and Taxation Code Section 7200, et seq., as amended, or any successor statute, law or regulation. "Site" is defined in Recital A. "State Board of Equalization" and "SBE" mean the Board of Equalization of the State of California or any successor entity charged with the responsibility of collecting and allocating taxes pursuant to the Sales Tax Law. "Transfer" is defined in Section 503.1 hereof. "Verification Costs" is defined in Section 201.3(a). "Year" means a twelve (12) month period, the first of which shall commence on the first day of the first Quarter following the Effective Date and terminate on the date which is twelve (12) months thereafter; and the remainder of which shall commence on the day following the termination date of the previous Year and terminate twelve (12) months thereafter. 200. CITY'S PURCHASE OF OPERATING COVENANT. 201. Consideration for Operating Covenant. 201.1 Operating Covenant Purchase Price. Pursuant to authority granted by the Charter of the City of Chula Vista and Government Code Section 52200, et seq., in consideration of the sale by Participant to City of the covenants set forth in Section 300, et seq. hereof and in the Operating Covenant, and subject to the Conditions Precedent set forth in Section 201.3, City hereby agrees to pay the Operating Covenant Purchase Price to Participant. In no event shall City's obligation hereunder to pay the Operating Covenant Purchase Price be considered or interpreted to be a pledge of tax revenues by City. The City covenants to make annual appropriations of amounts necessary to make the Operating Covenant Purchase Price payments required by this Agreement. 201.2 Payment of Operating Covenant Purchase Price. In each of the first twenty (20) Years in which the Authorized Dealership is in operation, and continuously operates, at the Site and in which Participant is not in Default under this Agreement or the Operating Covenant, the Sales and Use Tax Revenue received by the City shall be used as the basis and benchmark for calculating the Operating Covenant Purchase Price payment to Participant as follows: (a) City shall pay to Participant an amount equal to fifty percent (50 %) of the Sales and Use Tax Revenue generated by the Participant's operation of the Approved Dealership at the Site during each of the first twenty (20) Years following the Effective Date, up to the amount of the Operating Covenant Purchase Price. In no event shall the cumulative amount paid to Participant by City exceed the Operating Covenant Purchase Price. (b) Operating Covenant Purchase Price Payments shall be disbursed to Participant in the form of Quarterly Disbursements as described in Section 201.2(d). 6 DOCSOC/1731276v7/024036 -0000 (c) In no event shall the City be required to make any Operating Covenant Purchase Price payment with respect to Sales and Use Tax Revenue generated by the Participant's operation of the Approved Dealership at the Site after the twentieth (20th) Year following the Effective Date unless otherwise agreed to by the Parties in writing. (d) Automatically, upon the Participant's satisfaction of the Conditions Precedent to disbursement of Quarterly Disbursements as set forth in Section 201.3 hereof, and without Participant being required to petition the City further, each payment of a Quarterly Disbursement shall occur within ninety (90) days after the receipt by City of the State Board of Equalization final sales and use tax report with respect to the applicable Quarter during the Operating Covenant Period; however, in no event shall the City be required to make an Operating Covenant Purchase Price payment fewer than thirty (30) days following the City's actual receipt of the Sales and Use Tax Revenues for the Quarter in question. (e) In the event the State Board of Equalization recalculates the Sales and Use Tax Revenue for a Quarter for which the City has previously made a Quarterly Disbursement to Participant, the City will adjust the next Quarterly Disbursement to the Participant by the amount of the over- or under - payment. 201.3 Conditions Precedent to Each Quarterly Disbursement of the Operating Covenant Purchase Price. Unless otherwise agreed to by the Parties in writing, each Quarterly Disbursement of the Operating Covenant Purchase Price is expressly conditioned upon the satisfaction by Participant of the respective conditions precedent (a) through (1) inclusive, described below ( "Conditions Precedent "). Such Conditions Precedent are solely for the benefit of the City, and shall be fulfilled by Participant (or waived by the City in its sole and reasonable discretion) within the time periods provided for herein. Participant may satisfy (and submit evidence of such satisfaction to the City Manager) one or more of such Conditions Precedent at any time prior to the first Quarterly Disbursement, so that at the time the first Quarterly Disbursement is due, Participant may have already provided satisfactory evidence of compliance with each of such Conditions Precedent. Thereafter, for each subsequent Quarterly Disbursement, Participant shall satisfy compliance, or continued compliance, with each and all of the respective Conditions Precedent, and still subject to performance hereunder, unless renewal or update of any prior submittal is required hereunder, in which case that Condition Precedent shall remain outstanding and not satisfied unless and until the renewal or update is provided in conformity with the requirements of this Agreement. (a) Execution and Delivery of Documents. Participant shall have delivered to the City all documents required by this Agreement. (b) Recordation of Operating Covenant. The Operating Covenant shall have been executed by Participant and recorded against the Site. (c) Insurance. Participant shall have provided proof of insurance as required by this Agreement. (d) Re.ury Approvals. Assuming no protests have been lodged against the location and opening of the Dealership, Participant shall have obtained any legally required Regulatory Approval(s) from applicable governmental agency(ies) related to Participant's ownership and operation of the Approved Dealership on the Site. 7 DOCSOC/1731276v7/024036 -0000 (e) Manufacturer Approval. Participant shall have received any required approval(s) from the Manufacturer for the Participant's operation of the Approved Dealership upon the Site. (f) Payment of Taxes. No ad valorem real property taxes or assessments assessed with respect to the Site shall be delinquent, nor shall any sales and use taxes assessed with respect to the Site pursuant to the Sales Tax Law be delinquent. (g) No Transfer without City Approval. No Transfer shall have occurred unless such Transfer was a Permitted Transfer or unless the City provided written approval and consent to the Transfer. (h) No Default. There shall exist no condition, covenant, event or act which, upon the giving of notice or the passage of time, or both, would constitute an event of Default. (i) Continuous Operation of Approved Dealership. Participant shall be in full compliance with the Operating Covenant and the Franchise Agreement(s). Participant shall have continuously operated the Approved Dealership at the Site throughout the entire previous Year, except to the extent of an Excused Closure permitted by this Agreement, and Participant shall have executed and delivered the Certificate of Compliance to the City for the previous Year. In addition, as a condition precedent to any payment relating to Sales and Use Tax Revenues generated at the Site within 365 days of the Effective Date, Participant shall have executed and delivered the certification described in Section 309 relating to relocation of automobile dealerships to City. (j) Environmental Condition of the Site. Participant shall not be in default of the requirements of this Agreement regarding the environmental condition of the Site. (k) Financial Report. Participant shall have submitted the necessary documentation and annual certification required by Section 201.4 below and this Agreement relating to the Sales and Use Tax Revenues and compliance with the Operating Covenant. 201.4 Verification of Quarterly Sales and Use Tax Revenue. The Sales and Use Tax Revenue generated each Quarter during the Operating Covenant Period, subject to payment of a maximum cumulative amount of the Operating Covenant Purchase Price and subject further to the provisions of Sections 2012 and 201.3 and all provisions of the Agreement referenced therein shall be determined as follows: (a) For sales or leases of automobiles, parts and accessories, Sales and Use Tax Revenue shall be based upon the State Board of Equalization sales and use tax report(s) applicable to the Approved Dealership and the Site for the applicable Quarter; and (b) Upon written request by City, Participant shall promptly furnish to City any and all said information and take any and all reasonable actions to assist City in verifying the information contained in said sales and use tax returns and reports of new, used, and leased vehicles. Without limiting the generality of the foregoing, upon request by the City, Participant shall deliver to City copies of the portions of Participant's financial statements reflecting the taxable revenues of the Approved Dealership(s) operated at the Site. 8 DOCSOC/1731276v7/024036 -0000 (i) Participant, at its sole cost and expense, may request an audit to verify and /or reconcile the calculation of the amount of any Quarterly Disbursement Payment. If such audit reveals an underpayment to Participant, then City shall immediately pay the outstanding amount of any Quarterly Disbursement Payment hereunder to be paid to the Participant; and if such audit reveals an overpayment to Participant, then Participant immediately shall reimburse the City for such overpayment. (ii) If Participant contests the amount of Sales and Use Tax Revenues for any Quarter for the sales of automobiles, parts, and accessories arising from operation of the Approved Dealership, as based upon the State Board of Equalization sales and use tax report applicable to the Approved Dealership and the Site, then City shall, at the sole expense of the Participant, use good faith efforts to investigate and, if appropriate, to take steps to ensure that the correct amount of Sales and Use Tax Revenues arising from the Approved Dealership is allocated to the City, and the correct amount of the Quarterly Disbursement Amount is calculated and paid to the Participant. (iii) In the event an audit of City's payment records conducted by an independent auditor reveals a miscalculation of a Quarterly Disbursement Payment (assuming the SBE's and Participant's records with respect to the Sales And Use Tax Revenues generated from the Approved Dealership correlate and no wrong information was submitted by Participant to the City or the SBE) and such City miscalculation evidences an underpayment to Participant of ten percent (10 %) or more in any Quarter, then the cost of the audit shall be borne by the City, and the outstanding amount of underpayment of the applicable Quarterly Disbursement Payment shall be immediately remitted to the Participant. 202. Representations and Warranties. 202.1 City Representations. City represents and warrants to Participant that, to the City's actual current knowledge and as of the Date of Agreement: (a) City is a California charter city and municipal corporation, exercising governmental functions and powers and organized and existing under the laws of the State of California. (b) The execution, performance and delivery of this Agreement by City have been fully authorized by all requisite actions on the part of City. (c) City's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which City is a party or by which it is bound. (d) There are no pending lawsuits or other actions or proceedings which would prevent or impair the timely performance of the City's obligations under this Agreement. Until the final disbursement of the Operating Covenant Purchase Price, City shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 202.1 not to be true as of such date, immediately give written notice of such fact or condition to Participant. Such exception(s) to a representation shall not be deemed a breach by City 9 DOCSOC/1731276v7/024036 -0000 hereunder, but shall constitute an exception which Participant shall have a right to approve or disapprove. As used in this Agreement, the term "City's actual current knowledge" shall mean, and shall be limited to, the actual current knowledge of the City Manager as of the Date of Agreement, without having undertaken any independent inquiry or investigation for the purpose of making such representation or warranty and without any duty of inquiry or investigation, except such reasonable inquiry as might be expected of the position of City Manager with respect to the matters represented. 202.2 Participant's Representations. Participant represents and warrants to City that, as of the Date of Agreement: (a) Participant intends to operate a new automobile franchise which permits Participant to operate the Authorized Dealership on the Site. (b) Participant has full right, power and lawful authority to undertake all obligations as provided herein. The execution, performance and delivery of this Agreement by Participant have been fully authorized by all requisite actions on the part of Participant. The Manufacturer has designated Chula Vista as the potential site of an Approved Dealership in the City. (c) Participant's executive staff are experienced operators of new automobile dealerships and Participant is authorized by the State of California to engage in the business of automobile sales. Participant and its managerial personnel possess sufficient experience and qualifications necessary to operate the Approved Dealership at the Site as required by this Agreement. (d) To the best of Participant's knowledge, Participant's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Participant is a party or by which it is bound. (e) Participant is not the subject of a current or threatened bankruptcy proceeding. Until the expiration of the Operating Covenant Period, Participant shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 202.2 not to be true as of such date, immediately give written notice of such fact or condition to City. Such exception(s) to a representation shall not be deemed a breach by Participant hereunder, but shall constitute an exception which City shall have a right to approve or disapprove. 300. COVENANTS AND RESTRICTIONS 301. Use in Accordance with Operating Covenant. Participant covenants and agrees to devote, use, operate, and maintain the Approved Dealership at the Site in accordance with the Operating Covenant, the Franchise Agreement, all entitlements, permits, Regulatory Approvals, and Governmental Requirements applicable to the Site and the Approved Dealership, and this Agreement. All uses conducted on the Site, including, without limitation, all activities undertaken by Participant pursuant to this Agreement, shall conform to all applicable provisions of the City Municipal Code, all entitlements, permits, Regulatory Approvals, and Governmental Requirements 10 DOCSOC/1731276v7/024036 -0000 applicable to the Site and the Approved Dealership and the recorded documents pertaining to and running with the Site. 302. Operating Covenant. Participant hereby covenants and agrees to each of the following covenants: 302.1 Covenant to Operate Approved Dealership on Site. Throughout the Operating Covenant Period, Participant shall operate (or cause its successors or assigns to operate) the Approved Dealership on the Site on a continuous basis, in compliance with all Governmental Requirements and Regulatory Approvals and the Franchise Agreement, with such Site devoted to the sale and leasing of new and used automobiles, sports utility vehicles, and trucks of one or more Authorized Product Lines, with the Manufacturer's approval as a factory authorized new automobile dealer as the principal activity conducted on the Site. The servicing and repair of such automobiles, sports utility vehicles, and trucks may also be conducted on the Site as a secondary use incidental to the sale and leasing of new vehicles. Participant shall conduct all activities for the leasing of automobiles from the Approved Dealership either on the Site or at an office located within the City of Chula Vista. City hereby approves BMW as an Authorized Product Line under this Agreement. Prior to the opening of the Approved Dealership, City's approval of different Authorized Product Lines shall be given or withheld in City's sole and absolute discretion. After the opening of an Approved Dealership on the Site devoted to the sale and lease of new and used BMW automobiles and sports utility vehicles, Participant may add the sale and leasing of an additional new automobile, sports utility vehicle, and truck product line on the Site without necessity of obtaining further City consent; provided that Participant continues to operate an Approved Dealership for the sale and lease of new BMW automobiles, sports utility vehicles, and trucks (or such other Authorized Product Line which has been approved by City). After the Approved Dealership opens at the Site selling the BMW Authorized Product Line, City shall reasonably consider a request by Participant to substitute another Authorized Product Line for BMW, taking into account (i) the quality of the replacement product line(s), and whether the proposed replacement product line(s) are at least comparable in quality to BMW, (ii) the compatibility of any new or replacement product line(s) with other product lines then currently marketed in Chula Vista, and (iii) the sales tax revenues projected to be received from the Site. 302.2 No Competing Dealership; Operation to Maximize Sales and Use Tax Revenues. Participant further covenants and agrees that during the Operating Covenant Period, Participant will not own and /or operate through Participant, any entity in which Participant has at least atwenty-five percent (25 %) interest in profits and losses and /or management control, or any entity under common ownership and /or control of Participant, any other new vehicle dealership selling any of the Authorized Product Line as then being sold by the Approved Dealership within a thirteen (13) mile radius of the Site (except that Participant may own and /or operate other dealerships in the City of Chula Vista). Participant shall use commercially reasonable efforts to operate (or to cause its successors or assigns to operate) the Approved Dealership on the Site in such a manner as to produce the maximum amount of Sales and Use Tax Revenues to be received by the City. 302.3 Default and Excused Closure. Except with the written consent of City for each instance, which consent may be granted or withheld in City's reasonable discretion, a Closure shall, at City's option, constitute a Default hereunder; provided, however, that Participant shall for purposes of this Section 302 be deemed to be operating an Approved Dealership during any period that Participant is prevented from operating such a dealership due to an Excused Closure. 11 DOCSOC/1731276v7/024036 -0000 302.4 Covenants to Run with Land. The requirements of this Section 302 shall be included in the Operating Covenant and shall run with the land. 303. Condition of the Site. 303.1 Compliance with Environmental Laws. Participant shall take all necessary precautions to prevent the release into the environment of any Hazardous Materials which are located in, on or under the Site. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, the Participant shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials. In addition, Participant shall (a) comply with all Environmental Laws and environmental permits applicable to the construction and operation of the Site, (b) immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance, (c) promptly respond to and use commercially reasonable efforts to remove any environmental claims or liens imposed pursuant to any Environmental Law relating to the Site, and (d) obtain and renew all environmental permits required for ownership or use of the Site. 303.2 Presence of Hazardous Materials. Participant shall not, and shall not permit anyone else to, generate, use, treat, store, handle, release, or dispose of Hazardous Materials on the Site, or transport or permit the transportation of Hazardous Materials to or from the Site except for quantities used at the Site in compliance with all applicable Environmental Laws and required in connection with the routine operation of the Approved Dealership and maintenance of the Site. 303.3 Notice of Environmental Matters. Participant shall notify the City of any documentation regarding Governmental Requirements with regard to Hazardous Materials as is already provided by law. In the event of a release of any Hazardous Materials into the environment, Participant shall, as soon as possible after the release, furnish to City a copy of any and all reports relating thereto and copies of all correspondence with governmental agencies relating to the release. Upon request, Participant shall furnish to City a copy or copies of any and all other environmental entitlements or inquiries relating to or affecting the Site including, but not limited to, all permit applications, permits and reports including, without limitation, those reports and other matters which may be characterized as confidential. Participant shall immediately advise City in writing of any of the following: (a) any pending or threatened environmental claim against Participant or the Site, (b) any condition or occurrence that (i) results in noncompliance with any applicable Environmental Law, (ii) could reasonably be anticipated to cause the Site to be subject to any restrictions on the ownership, occupancy, use or transferability of the Site under any Environmental Law, or (iii) could reasonably be anticipated to form the basis of an environmental claim against the Site or Participant. 303.4 Participant Environmental Indemnity. Participant acknowledges that Participant located the Site and performed due diligence regarding the condition of the Site prior to acquiring the Site, to Participant's satisfaction and without reliance on statements or representations of the City with respect to the Environmental Condition of the Site. Participant hereby agrees to, at Participant's expense, defend (using counsel satisfactory to City), indemnify, assume all responsibility for, and save and hold the City and its officers, employees, contractors, agents, representatives and volunteers harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorney's fees), resulting from, arising out of, or based upon (i) the release, use, 12 DOCSOC/1731276v7/024036 -0000 generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Site in violation of Environmental Laws, whenever discovered, or (ii) the violation, or alleged violation of any Environmental Laws relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Site, whenever discovered. This indemnity shall include, without limitation, any damage, liability, fine, penalty, cost or expense arising from or out of any claim, action, suit, or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release or other adverse effect on the environment. 304. Compliance With Laws. Participant shall carry out the design, construction and operation of the Improvements in conformity with all Governmental Requirements, Environmental Laws and Regulatory Approvals. Nothing in this Agreement shall be construed or interpreted as an approval of any design drawings, construction drawings, plans, entitlements, conditional use permits, or other regulatory approvals or permits relating to the design or construction of the Improvements at the Site or the operation of the Approved Dealership. 304.1 Indemnification. Participant shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors, agents, representatives, and volunteers, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense and /or "increased costs" (including reasonable attorneys' fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction, and /or operation of the Project, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (1) the noncompliance by Participant with any Governmental Requirements or Regulatory Approvals, including, without limitation, any applicable federal and /or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages); (2) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and /or (3) failure by Participant to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the parties that, in connection with the development of the Improvements, including, without limitation, any and all public works (as defined by applicable law), Participant shall bear all risks of payment or non - payment of prevailing wages under California law and /or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and /or any other similar law. "Increased costs," as used in this Section 304.1 shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the development of the Improvements by Participant. 304.2 Obligation to Refrain from Discrimination. Participant agrees for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site nor shall Participant itself or any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. 13 DOCSOC/1731276v7/024036 -0000 304.3 Nondiscrimination in Employment. Participant certifies and agrees that all persons employed or applying for employment by it, its affiliates, subsidiaries, or holding companies, and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or because of race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth or related medical condition, medical condition or physical or mental disability, and in compliance with Title VII of the Civil Rights Act of 1964, 42 U S.C. Section 2000, et seq., the Federal Equal Pay Act of 1963,29 U.S.C. Section 206(d), the Age Discrimination in Employment Act of 1967, 29 U S.C. Section 621, et seq., the Immigration Reform and Control Act of 1986, 8 U.S.C. Section 1324b, et seq., 42 U.S.C. Section 1981, the California Fair Employment and Housing Act, Cal. Government Code Section 12900, et seq., the California Equal Pay Law, Cal. Labor Code Section 1197.5, Cal. Government Code Section 11135, the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., and all other applicable anti - discrimination laws and regulations of the United States and the State of California as they now exist or may hereafter be amended. 305. Maintenance. Participant shall maintain the Site and the Improvements, including all landscaping thereon as well as within the public right of way adjacent to the Site in a clean and attractive condition in accordance with the City Municipal Code, all Governmental Requirements, all Regulatory Approvals, and the Operating Covenant. 306. Indemnification and Insurance Requirements. 306.1 Indemnity. Participant shall defend (using counsel satisfactory to City), indemnify, and hold harmless City, and its officers, employees, contractors, agents, representatives, and volunteers, from all claims, demands, damages, defense costs or liability of any kind or nature arising on or after the Date of Agreement until the expiration or termination of this Agreement, which may arise from the acts or omissions of Participant under this Agreement, and for any damages to property or injuries to persons, including accidental death (including reasonable attorneys' fees and costs), which may be caused by any acts or omissions of Participant under this Agreement, whether such activities or performance thereof be by Participant or by anyone employed or contracted with by Participant (including subcontracts and employees of contractors, consultants and subcontractors) in connection with the operation of the Approved Dealership at the Site or any other activities at the Site and whether such damage shall accrue or be discovered before or after termination of this Agreement. Participant shall have the obligation to defend any such action; provided, however, that this obligation to defend shall not be effective if and to the extent that Participant determines in its reasonable discretion that such action is meritorious or that the interests of the parties justify a compromise or a settlement of such action, in which case Participant shall compromise or settle such action in a way that fully protects City from any liability or obligation. In this regard, Participant's obligation and right to defend shall include the right to hire (subject to the City's reasonable written approval) attorneys and experts necessary to defend, the right to process and settle reasonable claims, the right to enter into reasonable settlement agreements and pay amounts as required by the terms of such settlement, and the right to pay any judgments assessed against Participant or City. If Participant defends any such action, as set forth above, (i) Participant shall indemnify and hold harmless City and its officers, employees, contractors, agents, representatives, and volunteers from and against any claims, losses, liabilities, or damages assessed or awarded against either of them by way of judgment, settlement, or stipulation and (ii) City shall be entitled to settle any such claim only with the written consent of Participant, not to be unreasonably withheld, and any settlement without such reasonable consent shall release Participant's obligations under this Section 307.1 with respect to such settled claim. Notwithstanding anything to the contrary 14 DOCSOC/1731276v7/024036 -0000 herein, Participant shall not be liable for any such claims which are caused by the sole negligence or willful acts of City or its officers, employees, contractors, agents, representatives, and volunteers. 306.2 Insurance Requirements. Participant, at Participant's expense, shall throughout the term of this Agreement maintain and comply with the following insurance and related requirements. (a) Commercial property insurance covering the premises, fixtures, equipment, buildings, all property situated in, on, or constituting a part of the Site and any Improvements. Participant also agrees to provide builder's all -risk insurance using an inland marine form during the period of any construction, major alteration or improvement. Coverage shall be for the full replacement value of the Improvements. (b) Boiler & Machinery insurance encompassing explosion and breakdown. Coverage shall be for full replacement value. (c) Commercial general liability insurance on Insurance Services Office form CG 20 10 or equivalent that pays on behalf of the insured and provides defense in addition to limits. Participant shall obtain an endorsement to the policy adding City and its officials, employees and agents as additional insureds. Coverage shall not exclude suits between insureds. (i) As to the foregoing insurance requirements (a) to (c) inclusive of this Section 307.2, coverage and limits shall apply to the full extent of the policy with no limitation to vicarious liability for additional insureds and extending coverage to any location for operations or activities necessary or incidental to the operations of the premises. Coverage limits shall be no less than Five Million Dollars and No Cents ($5,000,000.00) annually in the aggregate. Coverage provided by Participant is intended to apply first on a primary non - contributing basis in relation to any insurance or self - insurance of City. Deductibles shall be approved by City. (d) Garage keeper's legal liability insurance and /or automobile liability insurance or equivalents providing protection for liability arising out of the use, ownership or maintenance of automobiles whether owned or not. Coverage shall include property damage to vehicles in the care, custody or control of the insured. Limits shall be no less than Five Million Dollars and No Cents ($500,000.00) per accident. (e) Workers' compensation and employer's liability insurance written on a policy form providing statutory benefits as required by law. Employer's liability limits shall be no less than $1,000,000 dollars per accident or disease. (f) Pollution Liability applicable to work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. (g) Participant's Actual Coverage Constitutes Minimum Requirement. If Participant maintains higher limits than the minimums shown above, this Agreement shall be deemed to require and the City shall be entitled to coverage for the higher limits maintained. 15 DOCSOC/1731276v7/024036 -0000 306.3 Additional Conditions to Insurance Requirements. (a) Participant agrees to waive rights of subrogation as to City and to have all policies of insurance required here endorsed to permit such waiver, if necessary. All insurance is to be provided by insurers admitted and authorized to do business in the state of California with a minimum A.M. Best's rating of ANII. All policies shall be endorsed to reflect that the policies shall not be canceled, non - renewed or reduced in scope or stated limits until City have been provided thirty (30) days advance written notice of such change. The insurance coverage and limits required here shall not be construed as a limit of Participant's liability. Participant agrees to be responsible for any losses with respect to this agreement incurred by City and not covered by Participant's insurance whether by reason of coverage being inapplicable or by Participant's failure to obtain coverage. (b) Proof of insurance using certificates of insurance and required endorsements must be delivered to City prior to execution of this Agreement. If Participant fails to comply, City has the right but not the duty to purchase such coverage and charge the premium to Participant who must promptly pay said premium. Participant shall also provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with equivalent policies. Such proof shall be furnished at least two weeks prior to the expiration of the coverages. (c) Participant agrees to provide immediate notice to City of any claim or loss against Participant that includes City as a defendant. City assume no obligation by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 307. Third Party Litigation Concerning Agreement. Participant shall defend, at its expense, including reasonable attorney and expert witness fees, indemnify, and hold harmless City and /or its officers, employees, contractors, agents, representatives, and volunteers from any claim, action or proceeding brought by a person or entity not a party to this Agreement against City and /or its officers, employees, contractors, agents, representatives, and volunteers to attack, set aside, void, or annul the approval of this Agreement. City shall promptly notify Participant of any claim, action, proceeding or determination included within this Section 308. City may, in its discretion, participate in the defense of any such claim, action, proceeding or determination. The Parties agree to meet and confer to determine whether to utilize a joint defense to reduce costs of litigation. In no event shall Participant be required to reimburse City for those attorney or expert witness fees charged by City staff. 308. Sales and Use Tax Sharing Claims. Participant covenants and warrants that the Approved Dealership to be operated on the Site pursuant to this Agreement is not being, and has not been, relocated from another location within the market area of the Site, within the meaning of Government Code Section 53084. Participant further understands and agrees that any successful claim by a government agency pursuant to those provisions shall entitle City to require Participant to pay any sums required pursuant to the resolution of such claim. Prior to and as a Condition Precedent to the disbursement of any Quarterly Disbursement of the Operating Covenant Purchase Price relating to Sales and Use Tax Revenues generated during the first 365 days following the Effective Date, Participant shall execute and provide to City a certification in a form acceptable to the City Manager, certifying that no other automobile dealership owned in whole or in part by Participant, or under common ownership or control of Participant, located within forty (40) miles of 16 DOCSOC/1731276v7/024036 -0000 the Site is being or has been closed within three hundred sixty -five (365) days of the Date of Agreement, the Effective Date, or the date the Approved Dealership opened for business. 309. AB 562 Obligations. Participant acknowledges that, as a result of this Agreement, the City has reporting obligations pursuant to Government Code Section 53083. Participant hereby covenants and agrees to cooperate with City's reasonable requests for information to enable City to comply with its obligations pursuant to Government Code Section 53083. 310. Effect of Violation of the Terms and Provisions of this Agreement. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Agreement shall remain in effect for the periods of time specified therein. The covenants against discrimination shall remain in effect in perpetuity. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of City, without regard to whether City has been, remains or is an owner of any land or interest in the Site or adjacent to the Site. City shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. 311. Recordation of Operating Covenant. Participant agrees to execute, acknowledge and record in the official records of San Diego County, the Operating Covenant substantially in the form attached hereto as Attachment No. 2 which is incorporated herein. Participant shall comply with this Section 311 within fifteen (15) calendar days following the Effective Date. 400. DEFAULTS AND REMEDIES 401. Default. Subject to the extensions of time set forth in Section 502 of this Agreement, failure by either party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and failure to cure as described hereafter, constitutes a "Default" under this Agreement. A party claiming a Default shall give written notice of breach to the other party specifying the breach complained of. Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against any other party, and the other party shall not be in Default if such party cures such breach within thirty (30) days from receipt of such notice, or if the nature of such breach is that it cannot reasonably be expected to be cured within such thirty (30) day period, if such party, with due diligence, commences to cure, correct or remedy such failure or delay within thirty (30) days from receipt of such notice, and shall complete such cure, correction or remedy with diligence. 402. Institution of Legal Actions. In addition to any other rights or remedies set forth herein and subject to the restrictions otherwise set forth in this Agreement, either party may institute an action at law or equity to seek specific performance of the terms of this Agreement and the Operating Covenant, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy set forth herein or otherwise consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of San Diego, State of California. 17 DOCSOC/1731276v7/024036 -0000 403. Termination by Participant. In the event that Participant is not in Default under this Agreement and City is in Default of this Agreement and such Default is not cured within the time set forth in Section 401 hereof, then this Agreement and the Operating Covenant may, at the option of Participant, be terminated by written notice thereof to City. From the date of the written notice of termination of this Agreement by Participant to City and thereafter this Agreement and the Operating Covenant shall be deemed terminated and there shall be no further rights or obligations between the parties, except that if City is in Default hereunder, Participant may pursue any remedies it has at law or in equity. In the event Participant terminates this Agreement in conformance with this paragraph 403, City agrees, within 10 days of receiving notice of termination, to execute any documents Participant deems necessary to clear title to the Site in Participant. 404. Termination by City. In the event that City is not in Default under this Agreement and: (a) Participant is in Default of this Agreement and fails to cure such Default within the time set forth in Section 401 hereof; or (b) Any Transfer shall have occurred unless such Transfer was a Permitted Transfer or unless the City provided written approval and consent to the Transfer. (c) Subject to Section 502, Participant does not open the Approved Dealership for business on or before the Outside Opening Date; then this Agreement, the Operating Covenant, and any rights of Participant or any assignee or transferee with respect to or arising out of this Agreement, the Operating Covenant or the Site, shall, at the option of City, be terminated by City by written notice thereof to Participant. From the date of the written notice of termination of this Agreement by City to Participant and thereafter this Agreement shall be deemed terminated, City shall not be obligated to make any further payments of the Operating Covenant Purchase Price, and there shall be no further rights or obligations between the parties, except that if Participant is in Default hereunder City may pursue any remedies available to City at law or equity. 405. Acceptance of Service of Process. In the event that any legal action is commenced by Participant against City, service of process on City shall be made by personal service upon the City Clerk or City Manager or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Participant, service of process on Participant shall be made by personal service upon any officer or director of Participant, whether made within or outside the State of California, or in such other manner as may be provided by law. Participant shall also provide the name and contact information for one additional representative of Participant that is authorized to receive service of process on Participant's behalf and shall update such information, as appropriate, from time to time, and upon request by the City. 406. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 407. Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default 18 DOCSOC/1731276v7/024036 -0000 or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 408. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 500. GENERAL PROVISIONS 501. Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ( "Notice ") which either party may desire to give to the other party under this Agreement must be in writing and may be given by any commercially acceptable means to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice. To City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attention: Gary Halbert, City Manager To Participant: Sunroad BCV Holding, Inc. 4445 Eastgate Mall, Suite 400 San Diego, CA 92121 Attention: Uri Feldman Any written notice, demand or communication shall be deemed received immediately if delivered by hand, received on the date delivered if delivered by an overnight delivery mail service such as Federal Express or United Parcel Service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 502. Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to events beyond the reasonable control of the parties, which may include the following: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; unusually severe weather; acts or omissions of the other party; or acts or failures to act of a public or governmental agency or entity (other than the acts or failures to act of City which shall not excuse performance by City). Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of City and Participant. Notwithstanding any provision of this Agreement to the contrary, the lack of funding to operate the Approved Dealership shall not constitute grounds of enforced delay pursuant to this Section 502. 19 DOCSOC/1731276v7/024036 -0000 503. Transfers of Interest in Site or Agreement. 503.1 City Approval Required. The qualifications and identity of Participant as the operator of an Approved Dealership devoted to the sale of new automobiles of the Approved Product Line are of particular concern to City. Furthermore, the parties acknowledge that City has negotiated the terms of this Agreement in contemplation of the operation of the Approved Dealership and the property tax revenues and Sales and Use Tax Revenues to be generated by the operation of the Approved Dealership on the Site, in a manner that will constitute a significant draw to customers. During the Operating Covenant Period, it shall be a Condition Precedent to each Quarterly Disbursement Payment that (a) no voluntary or involuntary successor in interest of Participant shall acquire any rights or powers under this Agreement, (b) Participant has not made any total or partial sale, transfer, conveyance, assignment, subdivision, or lease of the whole or any part of the Site or the Approved Dealership thereon, (c) no other automobile dealership other than a dealership devoted to the sale of new and used automobiles of the Authorized Product Line is being operated on the Site, either in addition to or in replacement of the Approved Dealership on the Site, except as permitted by this Agreement, and (d) Participant has not made any total or partial sale, transfer, conveyance, assignment, subdivision, or lease of the Approved Dealership being operated upon the Site or substantially all of the assets of Participant at the Site (collectively referred to herein as a "Transfer "); (a) through (d) above inclusive, without the prior written approval of City, which approval shall not be unreasonably withheld, and except as described in the Permitted Transfers below. This Section 503.1 shall be of no further force and effect following the expiration of the Operating Covenant Period. 503.2 Permitted Transfers. Notwithstanding any other provision of this Agreement to the contrary, City approval of a Transfer shall not be required in connection with any of the following: (a) Any Transfer to a trust or a subsidiary of a trust for estate and tax planning purposes, and /or a Transfer from the family trust to the immediate heirs of the trustors upon the death or incapacity of the trustors, provided that the Approved Dealership (or another City - authorized automobile dealership) continues to operate on the Site. (b) Any Transfer to an entity or entities in which Participant or Participant's Members retains a minimum of fifty -one percent (51 %) of the ownership or beneficial interest and retains management and control of the transferee entity or entities, and the Approved Dealership (or another City- authorized automobile dealership) is operating on the Site. (c) The conveyance or dedication of any portion of the Site to the City or other appropriate governmental agency, or the granting of easements or permits to facilitate construction of the Improvements. (d) Any requested assignment for financing purposes, including the grant of a deed of trust to secure the funds necessary for land acquisition, construction and permanent financing of the Improvements or a refinancing of a mortgage secured by the Site and /or the Improvements. In the event of a Transfer by Participant under subdivisions (a) or (b) of this Section 503.2 not requiring City's prior approval, Participant nevertheless agrees that at least fifteen (15) days prior to such Transfer it shall give written notice to City of such assignment and satisfactory 20 DOCSOC/1731276v7/024036 -0000 evidence that the assignee has assumed in writing through an assignment and assumption agreement of all of the obligations of this Agreement. 503.3 City Consideration of Requested Transfer. City agrees that it will not unreasonably withhold approval of a request for approval of a Transfer of this Agreement made pursuant to this Section 503, provided Participant delivers written notice to City requesting such approval. Such notice shall be accompanied by evidence regarding the proposed transferee's operational qualifications and experience, and its financial commitments and resources, in sufficient detail to enable City to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section 503 and as reasonably determined by City. City may, in considering any such request, take into consideration such factors as (i) the transferee's past performance as an operator of a new automobile franchise, (ii) the current financial condition of the transferee, and similar factors. City agrees not to unreasonably withhold its approval of any such requested Transfer, taking into consideration the foregoing factors. An assignment and assumption agreement relating to any Transfer of this Agreement in form satisfactory to City's legal counsel shall be required for all Transfers of this Agreement approved by the City and, to the extent applicable, Permitted Transfers of this Agreement. Within thirty (30) days after the receipt of Participant's written notice requesting City approval of a Transfer pursuant to this Section 503, City shall either approve or disapprove such proposed assignment or shall respond in writing by stating what further information, if any, City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, Participant shall promptly furnish to City such further information as may be reasonably requested. 503.4 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon Participant and its permitted successors and assigns. Whenever the term "Participant" is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided. 503.5 Transfer During Operating Covenant Period. Any Transfer by Participant in violation of this Section 503 which occurs during the Operating Covenant Period shall constitute a Default hereunder and under the Operating Covenant. 503.6 Operating Covenant Purchase Price Payments. The person or entity owning and operating the Approved Dealership at the Site shall at all times retain the right to receive Operating Covenant Purchase Price payments pursuant to this Agreement. 504. Non Liability of Officials and Employees of City. No member, official or employee of the City shall be personally liable to Participant or any successor in interest, in the event of any Default or breach by City or for any amount which may become due to Participant or its successors, or on any obligations under the terms of this Agreement. 505. Relationship Between City and Participant. It is hereby acknowledged that the relationship between City and Participant is not that of a partnership or joint venture and that City and Participant shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein or in the Attachments hereto, City shall have no rights, powers, duties or obligations with respect to the development, operation, maintenance or management of the Approved Dealership or the Site. 21 DOCSOC/1731276v7/024036 -0000 506. City Approvals and Actions. City shall maintain authority of this Agreement and the authority to implement this Agreement through City Manager (or his duly authorized representative). The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, make and execute further agreements and /or enter into amendments of this Agreement on behalf of City so long as such actions do not materially or substantially change the uses permitted on the Site, or materially or substantially add to the costs incurred or to be incurred by City as specified herein, and such interpretations, waivers and /or amendments may include extensions of time to perform hereunder. All other material and /or substantive interpretations, waivers, or amendments shall require the consideration, action and written consent of City Council. 507. Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. 508. Integration. This Agreement contains the entire understanding between the parties relating to the transaction contemplated by this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no further force or effect. Each party is entering this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. This Agreement includes Attachment Nos. 1 through 3, which together with the Agreement constitute the entire understanding and agreement of the parties, notwithstanding any previous negotiations or agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. 509. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or of any of its terms. Reference to section numbers are to sections in this Agreement, unless expressly stated otherwise. 510. Interpretation. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Agreement shall be interpreted as though prepared jointly by both parties. 511. No Waiver. A waiver by either party of a breach of any of the covenants, conditions, restrictions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. 512. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party. 513. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 514. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day and including the last day, unless the last day is a 22 DOCSOC/1731276v7/024036 -0000 holiday or Friday, Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time. 515. Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. 516. Time of Essence. Time is expressly made of the essence with respect to the performance by City and Participant of each and every obligation and condition of this Agreement. 517. Cooperation. Each party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 518. Conflicts of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. [Signatures appear on following page.] 23 DOCSOC/1731276v7/024036 -0000 IN WITNESS WHEREOF, the parties hereto have signed this Owner Participation Agreement as of the Date of Agreement. CITY: CITY OF CHULA VISTA, a California charter city and municipal corporation ATTEST: Donna Norris, CMC, City Clerk APPROVED AS TO FORM: Stradling Yocca Carlson & Rauth Special Counsel to City Mary Casillas Salas, Mayor PARTICIPANT: SUNROAD BCV HOLDING, INC., a California corporation By: Its: Printed Name: By: Its: Printed Name: APPROVED AS TO FORM: Counsel to Participant 24 DOCSOC/1731276v7/024036 -0000 ATTACHMENT NO. 1 LEGAL DESCRIPTION [to come] ATTACHMENT NO. 1 -1 DOCSOC/1731276v7/024036 -0000 ATTACHMENT NO.2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attention: Gary Halbert, City Manager This document is exempt from the payment of a recording fee pursuant to Government Code Sections 6103 and 27383. OPERATING COVENANT This OPERATING COVENANT ( "Operating Covenant ") is made as of , 20 by and between the CITY OF CHULA VISTA, a California charter city and municipal corporation ( "City "), and SUNROAD BCV HOLDING, INC., a California corporation, or its intended assignee, Sunroad BCV Auto, Inc. ( "Participant "), with reference to the following: A. City and Participant have executed an Owner Participation Agreement, dated as of December 15, 2015 ( "Agreement "), which provides for the sale of this Operating Covenant with respect to the real property located in the City of Chula Vista ( "City "), County of San Diego, State of California, more fully described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Site "). The Agreement is available for public inspection and copying at the office of City, 276 Fourth Avenue, Chula Vista, California. All of the terms, conditions, provisions and covenants of the Agreement are incorporated in this Operating Covenant by reference as though written out at length herein and the Agreement and this Operating Covenant shall be deemed to constitute a single instrument or document. Capitalized terms used herein and not otherwise defined shall have the same meaning as set forth in the Agreement. B. The Agreement provides for, among other things, Participant's conveyance to City of this Operating Covenant and recordation of this Operating Covenant against the Site in the Official Records of San Diego County, California. This Operating Covenant is intended to encumber the Site and run with the land. C. The foregoing recitals constitute a substantive part of this Operating Covenant. NOW, THEREFORE, Participant hereby conveys to City the following Operating Covenant: ATTACHMENT NO. 2 -1 DOCSOC/1731276v7/024036 -0000 1. Use in Accordance with Operating Covenant and Agreement. Participant covenants and agrees to devote, use, operate, and maintain the Approved Dealership at the Site in accordance with the Agreement, this Operating Covenant, the Franchise Agreement, all entitlements, permits, Regulatory Approvals, and Governmental Requirements applicable to the Site and the Approved Dealership. All uses conducted on the Site, including, without limitation, all activities undertaken by Participant pursuant to this Operating Covenant or the Agreement, shall conform to all applicable provisions of the City Municipal Code, all entitlements, permits, Regulatory Approvals, and Governmental Requirements applicable to the Site and the Approved Dealership and the recorded documents pertaining to and running with the Site. 2. Operation of Automobile Dealership. Participant hereby covenants and agrees that, for a term commencing upon the Effective Date and ending twenty (20) Years thereafter (which period constitutes the "Operating Covenant Period "), Participant shall operate (or cause its successors or assigns to operate) the Approved Dealership on the Site on a continuous basis, in compliance with all Governmental Requirements and Regulatory Approvals and the Franchise Agreement, with such Site devoted to the sale and leasing of new and used automobiles, sports utility vehicles, and trucks of one or more Authorized Product Lines, with the Manufacturer's approval as a factory authorized new automobile dealer as the principal activity conducted on the Site. The servicing and repair of such automobiles, sports utility vehicles, and trucks may also be conducted on the Site as a secondary use incidental to the sale and leasing of new vehicles. Participant shall conduct all activities for the leasing of automobiles from the Approved Dealership either on the Site or at an office located within the City of Chula Vista. City hereby approves BMW as an Authorized Product Line under this Operating Covenant and the Agreement. Prior to the opening of the Approved Dealership, City's approval of different Authorized Product Lines shall be given or withheld in City's sole and absolute discretion. After the opening of an Approved Dealership on the Site devoted to the sale and lease of new and used BMW automobiles and sports utility vehicles, Participant may add the sale and leasing of an additional new automobile, sports utility vehicle, and truck product line on the Site without necessity of obtaining further City consent; provided that Participant continues to operate an Approved Dealership for the sale and lease of new and used BMW automobiles, sports utility vehicles, and trucks (or such other Authorized Product Line which has been approved by City). After the Approved Dealership opens at the Site selling the BMW Authorized Product Line, City shall reasonably consider a request by Participant to substitute another Authorized Product Line for BMW, taking into account (i) the quality of the replacement product line(s), and whether the proposed replacement product line(s) are at least comparable in quality to BMW, (ii) the compatibility of any new or replacement product line(s) with other product lines then currently marketed in Chula Vista, and (iii) the sales tax revenues projected to be received from the Site. Participant further covenants and agrees that during the Operating Covenant Period, Participant will not own and /or operate through Participant, any entity in which Participant has at least atwenty -five percent (25 %) interest in profits and losses and /or management control, or any entity under common ownership and /or control of Participant, any other new vehicle dealership selling any of the Authorized Product Line as then being sold by the Approved Dealership within a thirteen (13) mile radius of the Site (except that Participant may own and /or operate other dealerships in the City of Chula Vista). Participant shall use commercially reasonable efforts to operate (or to cause its successors or assigns to operate) the Approved Dealership on the Site in such a manner as to produce the maximum amount of Sales and Use Tax Revenues to be received by the City. Except with the written consent of City for each instance, which consent may be granted or withheld in City's reasonable discretion, the failure of Participant to operate an Approved Dealership ATTACHMENT NO. 2 -2 DOCSOC/1731276v7/024036 -0000 on the Site for one hundred thirty -five (135) or more consecutive days (a "Closure ") shall, at City's option, constitute a Default hereunder; provided, however, that Participant shall for purposes of this Section 2 be deemed to be operating an Approved Dealership during any period that Participant is prevented from operating such a dealership due to (i) required or necessary rehabilitation of the Improvements on the Site (provided that the period during which an Approved Dealership is not operated as a result of the rehabilitation shall in no event exceed one hundred thirty -five (135) days), or (ii) floods, earthquakes, fires, or other acts of God which are not in any way due to the acts or omissions of Participant (an "Excused Closure "). 3. Transfers of Interest in Site or Agreement. (a) Prohibition. The qualifications and identity of Participant as the operator of an Approved Dealership devoted to the sale of new automobiles of the Approved Product Line are of particular concern to City. Furthermore, the parties acknowledge that City has negotiated the terms of this Operating Covenant and the Agreement in contemplation of the operation of the Approved Dealership and the property tax revenues and Sales and Use Tax Revenues to be generated by the operation of the Approved Dealership on the Site, in a manner that will constitute a significant draw to customers. During the Operating Covenant Period, it shall be a Condition Precedent to each Quarterly Disbursement Payment that (a) no voluntary or involuntary successor in interest of Participant shall acquire any rights or powers under this Operating Covenant and the Agreement, (b) Participant has not made any total or partial sale, transfer, conveyance, assignment, subdivision, or lease of the whole or any part of the Site or the Approved Dealership thereon, (c) no other automobile dealership other than a dealership devoted to the sale of new and used automobiles of the Authorized Product Line is being operated on the Site, either in addition to or in replacement of the Approved Dealership on the Site, except as permitted by the Agreement and this Operating Covenant, and (d) Participant has not made any total or partial sale, transfer, conveyance, assignment, subdivision, or lease of the Approved Dealership being operated upon the Site or substantially all of the assets of Participant at the Site (collectively referred to herein as a "Transfer "); (a) through (d) above inclusive, without the prior written approval of City, which approval shall not be unreasonably withheld, and except as described in the Permitted Transfers below. This Section 3(a) shall be of no further force and effect following the expiration of the Operating Covenant Period. (b) Permitted Transfers. Notwithstanding any other provision of this Operating Covenant and the Agreement to the contrary, City approval of a Transfer shall not be required in connection with any of the following: (i) Any Transfer to a trust or a subsidiary of a trust for estate and tax planning purposes, and /or a Transfer from the family trust to the immediate heirs of the trustors upon the death or incapacity of the trustors, provided that the Approved Dealership (or another City - authorized automobile dealership) continues to operate on the Site. (ii) Any Transfer to an entity or entities in which Participant or Participant's Members retains a minimum of fifty -one percent (51 %) of the ownership or beneficial interest and retains management and control of the transferee entity or entities, and the Approved Dealership (or another City- authorized automobile dealership) is operating on the Site. ATTACHMENT NO. 2 -3 DOCSOC/1731276v7/024036 -0000 (iii) The conveyance or dedication of any portion of the Site to the City or other appropriate governmental agency, or the granting of easements or permits to facilitate construction of the Improvements. (iv) Any requested assignment for financing purposes, including the grant of a deed of trust to secure the funds necessary for land acquisition, construction and permanent financing of the Improvements or a refinancing of a mortgage secured by the Site and /or the Improvements. In the event of a Transfer by Participant under subsections (i) and (ii) of this Section 3(b) not requiring City's prior approval, Participant nevertheless agrees that at least fifteen (15) days prior to such Transfer it shall give written notice to City of such assignment and satisfactory evidence that the assignee has assumed in writing through an assignment and assumption agreement of all of the obligations of this Operating Covenant and the Agreement. (c) City Consideration of Requested Transfer. City agrees that it will not unreasonably withhold approval of a request for approval of a Transfer of this Agreement made pursuant to this Section 3, provided Participant delivers written notice to City requesting such approval. Such notice shall be accompanied by evidence regarding the proposed transferee's operational qualifications and experience, and its financial commitments and resources, in sufficient detail to enable City to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section 3 and as reasonably determined by City. City may, in considering any such request, take into consideration such factors as (i) the transferee's past performance as an operator of a new automobile franchise, (ii) the current financial condition of the transferee, and similar factors. City agrees not to unreasonably withhold its approval of any such requested Transfer, taking into consideration the foregoing factors. An assignment and assumption agreement relating to any Transfer of the Agreement in form satisfactory to City's legal counsel shall be required for all Transfers of the Agreement approved by the City and, to the extent applicable, Permitted Transfers of the Agreement. Within thirty (30) days after the receipt of Participant's written notice requesting City approval of a Transfer pursuant to this Section 3, City shall either approve or disapprove such proposed assignment or shall respond in writing by stating what further information, if any, City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, Participant shall promptly furnish to City such further information as may be reasonably requested. (d) Successors and Assigns. All of the terms, covenants and conditions of this Operating Covenant and the Agreement shall be binding upon Participant and its permitted successors and assigns. Whenever the term "Participant" is used in this Operating Covenant and the Agreement, such term shall include any other permitted successors and assigns as herein provided. (e) Transfer During Operating Covenant Period. Any Transfer by Participant in violation of this Section 3 which occurs during the Operating Covenant Period shall constitute a Default hereunder and under the Operating Covenant. (f) Operating Covenant Purchase Price Payments. The person or entity owning and operating the Approved Dealership at the Site shall at all times retain the right to receive ATTACHMENT NO. 2 -4 DOCSOC/1731276v7/024036 -0000 Operating Covenant Purchase Price payments pursuant to this Operating Covenant and the Agreement. 4. Nondiscrimination. (a) Obligation to Refrain from Discrimination. Participant covenants and agrees for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site nor shall Participant itself or any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The foregoing covenants shall run with the land and shall remain in effect in perpetuity. (b) Nondiscrimination in Employment. Participant certifies and agrees that all persons employed or applying for employment by it, its affiliates, subsidiaries, or holding companies, and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or because of race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth or related medical condition, medical condition or physical or mental disability, and in compliance with Title VII of the Civil Rights Act of 1964, 42 U S.C. Section 2000, et seq., the Federal Equal Pay Act of 1963129 U.S.C. Section 206(d), the Age Discrimination in Employment Act of 1967, 29 U S.C. Section 621, et seq., the Immigration Reform and Control Act of 1986, 8 U.S.C. Section 1324b, et seq., 42 U.S.C. Section 1981, the California Fair Employment and Housing Act, Cal. Government Code Section 12900, et seq., the California Equal Pay Law, Cal. Labor Code Section 1197.5, Cal. Government Code Section 11135, the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., and all other applicable anti - discrimination laws and regulations of the United States and the State of California as they now exist or may hereafter be amended. 5. Performance of Maintenance. (a) Participant shall maintain the Site, the Improvements and the Approved Dealership in accordance with the Maintenance Standards, as hereinafter defined. Said improvements shall include, but not be limited to, buildings, sidewalks, pedestrian lighting, landscaping, irrigation of landscaping, architectural elements identifying the Site and any and all other improvements on the Site. (b) To accomplish the maintenance, Participant shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Operating Covenant. (c) The following standards ( "Maintenance Standards ") shall be complied with by Participant and its maintenance staff, contractors or subcontractors: 1. Landscape maintenance shall include, but not be limited to: watering /irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all plant materials; ATTACHMENT NO. 2 -5 DOCSOC/1731276v7/024036 -0000 control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees. 2. Clean up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping. 3. The Site and Approved Dealership shall be maintained in conformance and in compliance with the approved Site construction and architectural plans and design scheme, as the same may be amended from time to time with the approval of the City, and reasonable commercial development maintenance standards for similar projects, including but not limited to: painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. 4. The Site and Approved Dealership shall be maintained as required by this Section in good condition and in accordance with the custom and practice generally applicable to comparable automobile dealership facilities located in Southern California. 6. Failure to Maintain Site and Approved Dealership. In the event Participant does not maintain the Site or the Approved Dealership in the manner set forth herein and in accordance with the Maintenance Standards, City shall notify Participant in writing if the condition of said improvements does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Participant to cure the deficiencies. Upon notification of any maintenance deficiency, Participant shall have thirty (30) days within which to correct, remedy or cure the deficiency, or such longer period of time as is reasonably necessary to cure the deficiency, as long as Participant has commenced the cure within such 30 day period and diligently pursues such cure. If the written notification states the problem is urgent relating to the public health and safety or graffiti at the Site, then Participant shall have forty eight (48) hours to rectify the problem, or such longer period of time as is necessary to complete the cure of such problem, as long as Participant has commenced the cure within such 48 hour period and diligently pursues such cure. In the event the deficiency is not cured within the applicable times stated above, Participant shall be in Default under this Operating Covenant and the Agreement. 7. Compliance with Law. Participant shall comply with all local, state and federal laws including all Governmental Requirements, Environmental Laws, and Regulatory Approvals relating to the uses of or condition of the Site and the Approved Dealership. Nothing in this Operating Covenant shall be construed or interpreted as an approval of any design drawings, construction drawings, plans, entitlements, conditional use permits, or other regulatory approvals or permits relating to the design or construction of the Improvements at the Site or the operation of the Approved Dealership. 8. Indemnification. Participant shall defend (using counsel satisfactory to City), indemnify, and hold harmless City, and its officers, employees, contractors, agents, representatives, and volunteers, from all claims, demands, damages, defense costs or liability of any kind or nature arising on or after the Date of Agreement until the expiration or termination of this Operating Covenant and the Agreement, which may arise from the acts or omissions of Participant under this Operating Covenant and the Agreement, and for any damages to property or injuries to persons, including accidental death (including reasonable attorneys' fees and costs), which may be caused by ATTACHMENT NO. 2 -6 DOCSOC/1731276v7/024036 -0000 any acts or omissions of Participant under this Operating Covenant and the Agreement, whether such activities or performance thereof be by Participant or by anyone employed or contracted with by Participant (including subcontracts and employees of contractors, consultants and subcontractors) in connection with the operation of the Approved Dealership at the Site or any other activities at the Site and whether such damage shall accrue or be discovered before or after termination of this Operating Covenant and the Agreement. Participant shall have the obligation to defend any such action; provided, however, that this obligation to defend shall not be effective if and to the extent that Participant determines in its reasonable discretion that such action is meritorious or that the interests of the parties justify a compromise or a settlement of such action, in which case Participant shall compromise or settle such action in a way that fully protects City from any liability or obligation. In this regard, Participant's obligation and right to defend shall include the right to hire (subject to the City's reasonable written approval) attorneys and experts necessary to defend, the right to process and settle reasonable claims, the right to enter into reasonable settlement agreements and pay amounts as required by the terms of such settlement, and the right to pay any judgments assessed against Participant or City. If Participant defends any such action, as set forth above, (i) Participant shall indemnify and hold harmless City and its officers, employees, contractors, agents, representatives, and volunteers from and against any claims, losses, liabilities, or damages assessed or awarded against either of them by way of judgment, settlement, or stipulation and (ii) City shall be entitled to settle any such claim only with the written consent of Participant, not to be unreasonably withheld, and any settlement without such reasonable consent shall release Participant's obligations under this Section 8 with respect to such settled claim. Notwithstanding anything to the contrary herein, Participant shall not be liable for any such claims which are caused by the sole negligence or willful acts of City or its officers, employees, contractors, agents, representatives, and volunteers. 9. Third Party Litigation Concerning Agreement. Participant shall defend, at its expense, including reasonable attorney and expert witness fees, indemnify, and hold harmless City and /or its officers, employees, contractors, agents, representatives, and volunteers from any claim, action or proceeding brought by a person or entity not a party to this Operating Covenant against City and /or its officers, employees, contractors, agents, representatives, and volunteers to attack, set aside, void, or annul the approval of this Operating Covenant and the Agreement. City shall promptly notify Participant of any claim, action, proceeding or determination included within this Section 9. City may, in its discretion, participate in the defense of any such claim, action, proceeding or determination. The Parties agree to meet and confer to determine whether to utilize a joint defense to reduce costs of litigation. In no event shall Participant be required to reimburse City for those attorney or expert witness fees charged by City staff. 10. Sales and Use Tax Sharing Claims. Participant covenants and warrants that the Approved Dealership to be operated on the Site pursuant to this Operating Covenant is not being relocated from another location within the market area of the Site, within the meaning of Government Code Section 53084. Participant further understands and agrees that any successful claim by a government agency pursuant to those provisions shall entitle City to require Participant to pay any sums required pursuant to the resolution of such claim. 11. Miscellaneous Provisions. (a) If any provision of this Operating Covenant or portion thereof, or the application to any person or circumstances, shall to any extent be held invalid, inoperative or unenforceable, the remainder of this Operating Covenant, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be ATTACHMENT NO. 2 -7 DOCSOC/1731276v7/024036 -0000 deemed that any such invalid provision affects the consideration for this Operating Covenant; and each provision of this Operating Covenant shall be valid and enforceable to the fullest extent permitted by law. (b) This Operating Covenant shall be construed in accordance with the laws of the State of California. (c) This Operating Covenant shall be binding upon and inure to the benefit of the successors and assigns of Participant. 12. Effect of Operating Covenant. The covenants and agreements established in this Operating Covenant shall, without regard to technical classification and designation, run with the land and be binding on each owner of the Site and any successor in interest to the Site, for the benefit of and in favor of City, its successor and assigns. The covenants contained in this Operating Covenant shall remain in effect for the periods of time specified therein. City is deemed the beneficiary of the terms and provisions of this Operating Covenant and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Operating Covenant and the covenants running with the land have been provided. This Operating Covenant shall run in favor of City, without regard to whether City has been, remains or is an owner of any land or interest in the Site or adjacent to the Site. City shall have the right, if any provision of this Operating Covenant is breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Operating Covenant may be entitled. [Signatures appear on following page.] ATTACHMENT NO. 2 -8 DOCSOC/1731276v7/024036 -0000 IN WITNESS WHEREOF, the parties hereto have executed this Operating Covenant as of the day and year first hereinabove Written. CITY: CITY OF CHULA VISTA, a California charter city and municipal corporation ATTEST: Donna Norris, CMC, City Clerk APPROVED AS TO FORM: Stradling Yocca Carlson & Rauth Special Counsel to City Mary Casillas Salas, Mayor PARTICIPANT: SUNROAD BCV HOLDING, INC., a California corporation By: Its: Printed Name: By: Its: Printed Name: APPROVED AS TO FORM: Counsel to Participant ATTACHMENT NO. 2 -9 DOCSOC/1731276v7/024036 -0000 EXHIBIT "A" TO ATTACHMENT NO.2 LEGAL DESCRIPTION OF SITE [to come] EXHIBIT "A" TO ATTACHMENT NO. 2 DOCSOC/1731276v7/024036 -0000 ATTACHMENT NO.3 CERTIFICATE OF CONTINUING COMPLIANCE WITH OPERATING COVENANT AND OWNER PARTICIPATION AGREEMENT TO: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attention: Gary Halbert, City Manager The undersigned, , being duly authorized to execute this Certificate of Continuing Compliance with Operating Covenant and Owner Participation Agreement (this "Certificate ") on behalf of Sunroad BCV Holding, Inc., a California corporation ( "Participant "), hereby represents and warrants that: 1. He has read and is thoroughly familiar with the provisions of the Owner Participation Agreement ( "OPA ") by and between City and Participant dated as of December 15, 2015 and the "Operating Covenant" dated as of , 20 , executed by Participant and recorded against the Site in the Official Records of San Diego County, California. Capitalized terms used herein shall have the same meaning as set forth in the OPA; and 2. As of the date of this Certificate, continuously and throughout the prior Year, Participant has operated an Approved Dealership at the Site in accordance with all terms, covenants, conditions, restrictions, and agreements set forth in the OPA and the Operating Covenant. 3. At no time since the date of filing of the last Certification of Continuing Compliance with Operating Covenant and Owner Participation Agreement (or the Effective Date if this is the first such Certificate) has Participant failed to operate an Approved Dealership at the Site for one hundred thirty -five (135) or more consecutive days unless such Closure constituted an Excused Closure. 4. Participant is not in breach or Default under the terms of the OPA or the Operating Covenant. PARTICIPANT: SUNROAD BCV HOLDING, INC., a California corporation By: Its: Printed Name: By: Its: Printed Name: ATTACHMENT NO. 3-1 DOCSOC/1731276v7/024036 -0000 REPORT REQUIRED PURSUANT TO GOVERNMENT CODE SECTION 53083(a) PROPOSED OWNER PARTICIPATION AGREEMENT BETWEEN THE CITY OF CHULA VISTAAND SUNROAD BCV HOLDING, INC. (OR AFFILIATE) December2015 Background The City Council of the City of Chula Vista (the “City”) will be asked to consider approval of an Owner Participation Agreement (“Agreement”) between the City and Sunroad BCV Holding, Inc., or an affiliate (the “Participant”), relating to the operation of an automobile dealership for thesale of new BMW vehicles (the “Dealership”). The Dealership would be located on approximately 3.85 acres of vacant real propertycurrently owned by Participant, which is located along the southerly side of Main Street, east of Brandywine Avenue and west of Maxwell Road, in the City of Chula Vista (the “Site”). The Site is located within the Chula Vista Auto Mall, which wasoriginally planned as an auto mall in the early 1990s. Various environmental conditions and economic obstacles prevented the development of portions of the Chula Vista Auto Mall, including the Site, for many years. The Participant (or its affiliate) acquired the Site as part of a larger 29 acre parcel in 2004 and subsequently developed another portion of that larger parcel with a Toyota dealership in 2006; the Toyota dealership continues to operate in the City. The proposed Agreement provides for the Participant’s operation of the Dealership at the Site for a period of not fewer than 20 years. In exchange for the Participant’s operation of the Dealership during each year in accordance with the various requirements of the Agreement, the Agreement requires the City to reimburse the Participant for 50% of the sales and use tax generated by the operation of the Dealership at the Site for a period of 20 years, net of any third party costs incurred by the City to calculate the sales and use tax generated by the Dealership and up to a maximum cumulative payment to the Participant of $3,300,000. Legal Authority The Agreement is authorizedby Government Code Section 52200, et seq.and the Charter of the City of Chula Vista. Pursuant to Gov ernment Code Section 53083, prior to approving the Agreement, the City is required to prepare a report containing various information regarding the Agreement and the economic development subsidy set forth in the Agreement. Such information is set forth below. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 411 Information Required By Government Code Section 53083 (AB 562) ions or any other business entities, except for sole (1)Name and Address of all corporat proprietorships, that are the beneficiary of the economic development subsidy. The City’s payments under the Agreement will be made to Sunroad BCV Holding, Inc., or an affiliate. The Participant’s address is Sunroad BCV Holding, Inc., 4445 Eastgate Mall, Suite 400, San Diego, CA 92121. (2)The start and end dates and schedule, if applicable, for the economic development subsidy. The payments required by the Agreement will be made on a quarterly basis, subject to the satisfaction of certain conditions precedent set forth in the Agreement, for a term of 20 years commencing fromthe date the Dealership opens for business. The Agreement requires the Dealership to open for business on or before December 31, 2017. (3)A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy. The Agreement would require the City to pay the Participant an amount equal to 50% of the sales and use tax generated by the operation of the Dealership at the Site, less the amount of any third party costs incurred by the City to calculate such payments, and limited to a cumulative maximum amount of $3,300,000. (4)A statement of the public purposes for the economic development subsidy. The Agreement is expected to provide the following benefits to the community and the City: a.The development of a BMW dealership is estimated to increase the assessed valuation ofthe site by approximately $13 million over the current value of approximately $1,182,327 increasing property tax revenues to the City and other local taxing agencies by approximately 92 percent at full implementation of the project; b.The operation of the BMW dealership will provide 40 full time (temporary) construction jobs, 80 permanent full time operational positions and 3 part-time operational positions; c.The operation of the BMW dealership over the 20 year period of the operating covenant is estimated to generate approximately $1.2 billion in taxable sales; d.The net sales tax to the city over the 20 year period of the operating covenant is estimated to be approximately $6 million in new revenue to the general fund; e.The renovation of theImprovements at the Site and the operation of the Approved Dealership at the Site are anticipated to increase the property values and revitalize the neighborhood surrounding the Site, by drawing consumers and employees to the area, thereby stimulating thelocal economy; and ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 412 f.The City anticipates that the operation of the Approved Dealership at the Site will help to foster a business and civic environment that will attract additional businesses and investment in the community due to the increased public and private services resulting from the generation of jobs, tax revenues, and consumers in the City and the area surrounding the Site. (5)Projected tax revenue to the local agency as a result of the economic development subsidy. The Agreement is anticipated to result in increased property tax revenues to the City and other taxing agencies, and increased sales tax revenues to the City, as described above in section (4) of this Report. (6)Estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions. The Participant has represented to the City that, at full capacity and implementation, operation of the Dealership will result in 40 full time (temporary) construction jobs, 80 permanent full time operational positions and 3 part-time operational positions ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 413 City of Chula Vista Staff Report File#:15-0619, Item#: 16. CONSIDERATIONOFAPPROVALOFPURCHASEANDSALEAGREEMENTSTOSELL PARCELS A.RESOLUTIONOFTHESUCCESSORAGENCYTOTHEREDEVELOPMENTAGENCYOF THECITYOFCHULAVISTAAPPROVINGAPURCHASEANDSALEAGREEMENTWITH MVPROPERTIES,INC.TOSELLASSESSORPARCELNOS.568-334-05,568-334-06,568 -334-07, AND 568-334-08 FOR $425,000.00 B.RESOLUTIONOFTHESUCCESSORAGENCYTOTHEREDEVELOPMENTAGENCYOF THECITYOFCHULAVISTAAPPROVINGAPURCHASEANDSALEAGREEMENTWITH AMELIA,LLCTOSELLASSESSORPARCELNOS.568-351-04AND568-351-05FOR $245,000.00 RECOMMENDED ACTION Agency adopt the resolutions. SUMMARY AssemblyBillsX126and1484andSenateBill107(“DissolutionLaws”)includemanyrequirements forthedissolutionofredevelopmentagencyactivities,includingthedispositionofrealproperty,other thanhousingassets.TheDissolutionLawsgenerallyrequirestheSuccessorAgencytodisposeof assetsandpropertyoftheformerredevelopmentagencyforeither1)limitedpublicusesor2) dispositionintotheprivatemarket.Dispositionistooccurexpeditiouslyandwithaviewtoward maximizingvalue,withthedispositionproceedsdistributedtotheaffectedtaxingentities.The propertyreferredtoinResolutionA(“PropertyA”)isrecommendedtobesoldfortheappraisedvalue of$425,000asindicatedbyanMAIappraisalpreparedAugust26,2015.Thepropertyreferredtoin ResolutionB(“PropertyB”)isalsorecommendedtobesoldfortheappraisedvalueof$245,000as indicatedbyanMAIappraisalpreparedAugust20,2015.SB107requiresapprovalofthesaleby the Oversight Board and the Successor Agency to the Redevelopment Agency. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the buyers’ respective proposed multi-family residential development projects, described further below, for compliance with the California Environmental Quality Act (CEQA). The Director has determined each of these projects qualifies for a Class 32 categorical exemption from CEQA pursuant to CEQA Guidelines Section 15332, as an “In- Fill Development Project.” Categorically exempt projects do not have significant environmental effects. The Class 32 exemption applies to these projects because each of them is consistent with applicable general plan and zoning provisions; is less than 5 acres in area and substantially surrounded by urban uses; does not contain valuable habitat; would not result in adverse environmental impacts; and can be served by all required utilities. Furthermore, pursuant to Section 15300.2, the Director has determined that there are no cumulative impacts or unusual circumstances City of Chula VistaPage 1 of 5Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 414 File#:15-0619, Item#: 16. that would make either of these projects exceptional and limit the applicability of the exemption. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION ThePurchaseandSaleAgreementsforbothpropertieswereapprovedbytheOversightBoardofthe SuccessorAgencytotheRedevelopmentAgencyfortheChulaVistaattheirNovember9,2015 meeting. DISCUSSION TheDissolutionLawsincludemanyrequirementsforthedissolutionofredevelopmentagency activities,includingthedispositionofrealproperty,otherthanhousingassets.HealthandSafety Codesection34191.5requiresSuccessorAgenciestoprepareaLong-RangePropertyManagement Plan(“LRPMP”)withinsixmonthsofreceivingtheFindingofCompletionfromtheDepartmentof Finance.TheSuccessorAgencyreceiveditsFindingofCompletiononMay7,2013.TheSuccessor AgencywasrequiredtosubmittheLRPMP,forapprovaltotheOversightBoardandDepartmentof Finance(“DOF”)thataddressesthedispositionanduseoftherealpropertiesoftheformer redevelopmentagency.InJuly2013,theOversightBoardapprovedtheLRPMPwhichwas subsequentlydeniedbytheDOF.Thereafter,asecondLRPMP(approvedbytheOversightBoard) was submitted to DOF and was approved on July 15, 2014. OnSeptember22,2015,theGovernorsignedSB107,whichgaveSuccessorAgenciesand OversightBoardsmorediscretionregardingtheretentionordispositionofparkingfacilitiesandlots dedicatedsolelytopublicparking.UnderSB107,theSuccessorAgencyisallowedtoamendits approvedLRPMPoncetoallowfortheretentionofsuchparkingfacilities/lots.However,parking facilitiesandlotsdedicatedsolelytopublicparkingdonotincludepropertiesthat,asofthedateof transferpursuanttotheamendedlong-rangepropertymanagementplan,generaterevenuesin excessofreasonablemaintenancecostsoftheproperties.TheLRPMPcalledforthesaleofbothof thepropertiesaddressedbythisAgendaitem,andstaffrecommendsthatthosesalesnowproceed withoutanyamendmenttotheLRPMPfortheseproperties.TheSuccessorAgencywillreviewthe remaining“parkinglots”todetermineifanamendmenttotheLRPMPiswarranted.Anadditional changeinthelawunderSB107isthatthesaleofpropertypursuanttoanapprovedLRPMPdoes not have to be submitted to the DOF for approval. In February 2015, the Successor Agency issued a request for proposal to select a realtor to assist in the sale of six parking lots identified in the LRPMP referenced below as “Property A” (four parcels) and “Property B” (two parcels). Each of the Properties to be sold is fully described in a “REAL PROPERTY PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS” attached to this staff report. Property A is located at the southwest corner of Center Street and Church Avenue. Property B is located northwest corner of Church Avenue and Madrona Street. Both properties are located in the Urban Core Specific Plan area of the City. Further, both properties are adjacent to the Third Avenue business district and existing single and multi-family residential development (see Attachment 3 Vicinity Map - Property A Center-Church and Attachment 4 Vicinity Map - Property B Church-Madrona). Threerealtorsrespondedtotherequestforproposal,andSouthCoastCommercialwasselectedas the most qualified respondent. City of Chula VistaPage 2 of 5Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 415 File#:15-0619, Item#: 16. InJune2015,SouthCoastCommercialcommencedmarketingtheproperties.Thisincludedlisting thepropertyonrealestatewebsitesanddirectlymarketingthepropertiestoover20,000localand national realtors and investors. PROPERTY A: ForPropertyA,theSuccessorAgencyreceivedthreeofferstopurchase.Inreviewingtheoffers, stafflookedatseveralfactors,includingthepurchaseprice,buyer’sin-filldevelopmentexperience andtheconsistencyoftheproposalwiththeUrbanCoreSpecificPlan.Ofthethreeoffers, McNamaraRealEstateVentures(“MREV”),affiliatedwithMVProperties,Inc.,aCalifornia corporation(“BuyerA”)wasboththehighestpurchasepriceandthemostqualifiedrespondent. MREVandBuyerAhavethesameprincipal,KeeganMcNamara.Section17(q)ofthepurchase agreementrecommendedforapprovalallowsBuyerAtoassignitsinterestundertheagreementto eitherMREV,ortoanewlimitedliabilitycompanythatMr.McNamaraestablishestodevelop Property A. Mr.McNamaraisanexperienceddeveloperofurbaninfill,multi-familyresidentialandmixed-use developments.Assuch,BuyerA’svision,asarticulatedintheMREVbidforPropertyA,istodevelop 17multifamilyunits,whichisconsistentwiththeV-1landusedesignationoftheUrbanCoreSpecific Plan.Thepurchasepriceof$425,000equatesto$25,000perunit,whichiscomparabletorecent salesactivityinthearea.Oncedeveloped,theresidentialdevelopmentofthesubjectpropertywill return the property to the tax rolls and provide long term revenue to the taxing entities. MREVretainedIntegraRealtyResources,andMAIcertifiedappraiser.InAugust2015,Integra RealtyResourcesdeterminedthevalueofthepropertytobe$425,000.Staffhasreviewedthe appraisalandconcurswiththeconclusionsoftheappraisal.Priortotheopeningofescrow,the Buyer’soffermustbeapprovedbyboththeOversightBoardandtheSuccessorAgency.Oncethe salehasbeenapproved,escrowwillbeopenedandtheBuyerwillbeginthedesignreviewprocess. Once the Buyer has received design review approval, the purchase will be completed within 60 days. PROPERTY B: PropertyBhasnotbeenusedasaparkinglotforoverayear.Thesitewasdeterminednottobe suitableforpublicparking,andhasbeenfencedtoprohibitpublicaccess.Thus,becausethe propertyisnotbeingusedcurrentlyforpublicparking,itisnoteligibletoberetainedpursuanttoSB 107. ForPropertyB,theSuccessorAgencyreceivedtwoofferstopurchase.Inreviewingtheoffers,again stafflookedatseveralfactors,includingthepurchaseprice,buyer’sin-filldevelopmentexperience andtheconsistencyoftheproposalwiththeUrbanCoreSpecificPlan.Ofthethreeoffers,Amelia, LLC,aCalifornialimitedliabilitycompany(“BuyerB”)wasboththehighestpurchasepriceandthe mostqualifiedrespondent.BuyerBisrepresentedbyJamesBrown,PrincipalofPublicArchitecture. PublicArchitectureisanexperiencedarchitectanddeveloperofurbaninfill,multi-familyresidential andmixed-usedevelopments.BuyerB’svisionforthepropertyistodevelop9multifamilyunits, whichisconsistentwiththeV-1landusedesignationoftheUrbanCoreSpecificPlan.Thepurchase priceof$245,000equatestoapproximately$27,000perunit,whichiscomparabletorecentsales activityinthearea.Oncedeveloped,theresidentialdevelopmentofthesubjectpropertywillreturn City of Chula VistaPage 3 of 5Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 416 File#:15-0619, Item#: 16. the property to the tax rolls and provide long term revenue to the taxing entities. BuyerBretainedIntegraRealtyResources,andMAIcertifiedappraiser.InAugust2015,Integra RealtyResourcesdeterminedthevalueofthepropertytobe$245,000.Staffhasreviewedthe appraisalandconcurswiththeconclusionsoftheappraisal.Priortotheopeningofescrow,the Buyer’soffermustbeapprovedbyboththeOversightBoardandtheSuccessorAgency.Oncethe salehasbeenapproved,escrowwillbeopenedandtheBuyerwillbeginthedesignreviewprocess. Once the Buyer has received design review approval, the purchase will be completed within 60 days. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the Successor Agency to the Redevelopment Agency for the Chula Vista 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 for the Chula Vista Redevelopment 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 TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thesaleandultimate developmentofthetwositessupportstheEconomicVitalitygoalasitseekstofosteropportunities for investment in Western Chula Vista. CURRENT YEAR FISCAL IMPACT Overthepast10monthsPropertyAhasgeneratedapproximately$975inparkingrevenueper month.TheCitywillcontinuetoreceiverevenueuntilthecloseofescrow,whichisanticipatedtobe nolaterthanMay31,2016.OncetitletothepropertytransferstoMVProperties,Inc.,theCitywillno longer collect parking revenue at this site. PropertyBhasbeenfencedofffrompublicaccessandhasnotgeneratedanyparkingrevenuefor overayear.Thus,therewillbenolossofrevenueduetothesaleofthispropertyinthecurrentfiscal year, ONGOING FISCAL IMPACT PropertyAcurrentlygeneratesapproximately$975permonthinparkingrevenueandnoproperty taxes.Theparkingrevenuewillnolongerbegeneratedoncethispropertyissold.TheCitywilloffset aportionofthisrevenuelossthroughpropertytaxrevenuesoncethepropertyissoldandisputback onthetaxroll.TheCityisprojectedtoderiveapositivefiscalimpactfromthesaleuponthe completionofthedevelopmentof17residentialunitsthatwillsignificantlyincreasetheamountof property taxes generated by the site. PropertyBcurrentlyderivesneitherparkingrevenuenorpropertytaxes.PropertyBwillalso generatepropertytaxrevenuestotheCityonceitissoldandaddedbacktothetaxroll.TheCityis projectedtogenerateanongoingpositivefiscalimpactfromthesaleofPropertyBfromincreased property tax revenues once this property is fully developed and reassessed at the higher value. ATTACHMENTS 1.Agreement - MV Properties City of Chula VistaPage 4 of 5Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 417 File#:15-0619, Item#: 16. 2.Agreement - Amelia, LLC 3.Vicinity Map - Property A Center-Church 4.Vicinity Map - Property B Church-Madrona Staff Contact: Craig Ruiz, Principal Economic Development Specialist City of Chula VistaPage 5 of 5Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 418 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 419 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 420 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 421 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 422 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 423 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 424 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 425 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 426 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 427 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 428 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 429 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 430 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 431 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 432 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 433 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 434 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 435 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 436 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 437 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 438 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 439 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 440 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 441 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 442 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 443 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 444 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 445 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 446 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 447 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 448 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 449 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 450 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 451 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 452 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 453 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 454 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 455 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 456 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 457 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 458 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 459 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 460 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 461 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 462 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 463 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 464 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 465 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 466 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 467 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 468 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 469 ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 470 471 0 ¦¤ , 338, 342 Church Ave PROPERTY A: 336 Center St & 288 Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ 472 0 ¦¤ St NW Corner of Church & Madrona PROPERTY B: Packet !¦¤£ ΑΏΐΔȃΐΑȃΐΔ SUCCESSOR AGENCYRESOLUTION NO. 2015-_____ RESOLUTION OF THE SUCCESSOR AGENCY TOTHE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AND SALE AGREEMENT WITH MV PROPERTIES, INC.TO SELL ASSESSOR PARCEL NOS.568-334-05, 568-334-06, 568-334- 07, AND568-334-08FOR $425,000.00 WHEREAS, the State passed AB26X1, AB1484,and SB 107, filed with the Secretary of State on June 29, 2011, June 27, 2012, and September 22, 2015respectively, and as such, formed the “dissolution laws” to end and “wind down” the affairs of Redevelopment Agencies throughout the State; and WHEREAS, pursuant to the aforementioned “dissolution laws,” the Oversight Board (“Oversight Board”) for the Successor Agency (“Successor Agency”) tothe Redevelopment Agency for the City of Chula Vista has been established to take certain actions to implement the “windingdown”the affairs of the former Redevelopment Agency of the City of Chula Vista; and WHEREAS, AB1484 requiredthe preparationby the Successor Agency, approvalby the Oversight Board, and submission to the State Department of Finance (“DOF”)of a “Long-Range Property Management Plan”(“LRPMP”)for DOF’s approval;and WHEREAS, the LRPMP specifies how the Successor Agency will disposeof the real property assets of the former Redevelopment Agencyfor the City of Chula Vista; and WHEREAS, theDOF approved the LRPMP onJuly 15, 2014; and WHEREAS, the LRPMP approved by the DOF identified variousproperties for disposal by the Successor Agency viasale to a private party, including the parcels which are the subject of this Resolution; and WHEREAS, the in February 2015, the Successor Agencyissued a request for proposal to select a realtor to assist in the sale of properties identified in the LRPMPto private parties; and WHEREAS, the Successor Agency selected South Coast Commercial realtors to assist the Successor Agency in the sale of the properties; and WHEREAS in June, 2015, the South Coast Commercial advertised the properties for sale and directly marketed the property to over 20,000 individuals and companies nation-wide; and WHEREASin June, 2015, the Mayor and Successor Agency staff hosted a walking tour of the six properties for potential buyers; and WHEREAS, in July,2015, the Successor Agency received three bids for the purchase and development of four parcels, identified as Assessor’s Parcel Nos. 568-334-05, 568-334-06, ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 473 Successor Agency Resolution No. 2015-___ Page 2 568-334-07, and 568-334-08, (collectively the “Parcels”), the Parcels having been approvedfor disposition by sale to a third party under the LRPMP and being the property addressed by this Resolution; and WHEREAS, the proposal submitted by the principal of McNamara Real Estate Ventures (“MREV”), Seth Keegan McNamara, was determined to the best qualified offerto purchase and develop the Parcels; and WHEREAS, MREVsubmitted an appraisal by Integra Realty Services, an MAI appraiser, dated August 25, 2015, which determined the value of the Parcels to be $425,000.00; and WHEREAS, the Successor Agency desires to sell the Parcelsfor the amount of $425,000.00, determined by the Successor Agency to be afair and reasonable pricefor the purchase of the Parcelsthat will affect the sale and development of the Parcels expeditiously in a manner aimed at maximizing value; and WHEREAS, during the preparation of the Purchase and Sale Agreement (“PSA”), it was determined that MREV was not an active corporation in the state of California due to a failure to file requiredpaperwork any pay a fee(which MREV has subsequently correctedand now an active corporation); and WHEREAS, MREV’s principal also ownsand operates MV Properties, Inc., a California corporation, a company in good standing that can assign its right to purchase and develop the Parcels to MREV or alternatively to a new limited liability company owned and operated by MREV’s principal after the opening of escrow but before closing; and WHEREAS, the PSA was prepared with MV Properties, Inc., as the Buyer; and WHEREAS, the Successor Agency and the principal of MV Properties, Inc. (and MREV) agree that it is their mutual desire for MV Properties, Inc., to enter into this PSA and for MV Properties, Inc., (or its assignee) to develop the Parcels consistent with MREV’s offer as submitted; and WHEREAS, the Oversight Board has heard and considered evidence regarding the sale of the Parcels from the Successor Agency to MV Properties, Inc.,including but not limited to MREV’s inactive status during the PSA preparation and information regarding the use of the Parcels as a residential multi-family development project including nine units (the “Project”) and the Project siteand WHEREAS, prior to the Oversight Board meeting, MREV completed the required paper work and paidthe fee, resulting in MREV again being an active corporation in good standing; and WHEREAS, the Oversight Board approved the PSAwith MV Properties, Inc., with the modification that the PSA include a term that a deposit in the amount of $5,000 be paid; and ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 474 Successor Agency Resolution No. 2015-___ Page 3 WHEREAS,the Successor Agency finds that the Project is exempt from the application of the California Environmental Quality Act (“CEQA”) pursuant to its categorical exemption pursuant to CEQA Guidelines Section 15332 as an “In-Fill Development Project,”and that there are no cumulative impacts or unusual circumstances that would make the Project an exception to the applicability of this exemptionfrom CEQA. NOW, THEREFORE,THE SUCCESSOR AGENCY FOR THE REDEVELOPMENT AGENCY FOR THE CITY OF CHULA VISTA DOES HEREBY RESOLVE AS FOLLOWS: Section 1 . The Recitals set forth above are true and correct, and are incorporated into this Resolution by this reference. Section 2 . The “REAL PROPERTY PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS” between the Successor Agency and MV Properties, Inc., a California corporation(the “Agreement”or “PSA”),to sell Assessor’sParcel Nos. 568-334-05, 568-334-06, 568-334-07, and 568-334-08tothe latter for the price of $425,000.00, plus any fees, charges and costs accrued during due diligence and/or escrow,in the form substantially presented to the Successor Agencyand Oversight Board, a true and correct copy of which is maintained as a public recordin the Office of the City Clerk,is hereby approvedby the Successor Agency. Section 3. The Successor Agency has heard and considered evidence regarding the sale of the Parcels from the Successor Agency to MV Properties, Inc., a California corporation including but not limited to information regarding the use of the Parcels as a residential multi- family development project including nine units (the “Project”) and the Project site, and finds that the Project is exempt from the application of the California Environmental Quality Act (“CEQA”) pursuant to its categorical exemption pursuant to CEQA Guidelines Section 15332 as an “In-Fill Development Project,” and that there are no cumulative impacts or unusual circumstances that would make the Project an exception to the applicability of this exemption from CEQA. Section 4 . The City Manager, in his capacity as the Executive Officer for the Successor Agency,is authorized to execute all required documents to effectuate the sale of these Parcels to MV Properties, Inc., a California corporationand its successor in interest, and to make changes in documents related to said sale, including the sales agreement itself, asmay be required or approved by the City Attorney, in his capacity as General Counsel to the Successor Agency. Section 5 . Pursuant to California Health and Safety Code Section 34179(h)(1)(D),as modified by SB 107, there is no requirement to submit “\[t\]ransfers of governmental property pursuant to an approved long-range property management plan” to the Department of Finance for approvaland, as a result, this Resolution shall be effective upon its adoption and certification. Section 6. The Successor Agency Secretary shall certify to the adoption of this Resolution. ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 475 Successor Agency Resolution No. 2015-___ Page 4 Presented byApproved as to form by Gary Halbert Glen R. Googins Executive DirectorGeneral Counsel ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 476 SUCESSOR AGENCY RESOLUTION NO. 2015-___ RESOLUTION OF THE SUCCESSOR AGENCY TOTHE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A PURCHASE AND SALE AGREEMENT WITH AMELIA,LLC TO SELL ASSESSOR PARCEL NOS.568-351-04 AND568-351-05 FOR $245,000.00 WHEREAS, the passage of AB26X1, AB1484 and SB 107,filed with the Secretary of State on June 29, 2011, June 27, 2012, and September 22, 2015respectively, and as such, formed the “dissolution laws” to end and “wind down” the affairs of Redevelopment Agencies throughout the State; and WHEREAS, pursuant to the aforementioned “dissolution laws,” the Oversight Board (“Oversight Board”) for the Successor Agency (“Successor Agency”) to the Redevelopment Agency forthe City of Chula Vista has been established to take certain actions to implement the “windingdown”of the affairs of the former Redevelopment Agency of the City of Chula Vista; and WHEREAS, AB1484 requiredthe preparationby the Successor Agency, approvalby the Oversight Board, and submission to the State Department of Finance (“DOF”)of a “Long-Range Property Management Plan”(“LRPMP”)for DOF’s approval;and WHEREAS, the LRPMP specifies how the Successor Agencywill dispose of the real property assets of the former Redevelopment Agencyfor the City of Chula Vista; and WHEREAS, the DOF approved the LRPMP on July 15, 2014; and WHEREAS, the LRPMP identified variousproperties for disposal by the Successor Agencyviasale to a private party, including the parcels that are the subject of this resolution; and WHEREAS,the in February 2015, the Successor Agencyissued a request for proposal to select a realtor to assist in the sale of properties identified in the LRPMPto private parties; and WHEREAS, the Successor Agency selected South Coast Commercial realtors to assist the Successor Agency in the sale of the properties; and WHEREAS in June, 2015, the South Coast Commercial advertised the properties for sale and directly marketed the property to over 20,000 individuals and companies nation-wide; and WHEREASin June, 2015, the Mayor and Successor Agency staff hosted a walking tour of the six properties for potential buyers; and WHEREAS, in July 2015, the Successor Agency received twobids for the purchase of two parcels, identified as Assessor’s Parcel Nos. 568-351-04 and 568-351-05, (collectively the ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 477 Successor Agency Resolution No. 2015-____ Page 2 “Parcels”),theParcels having been approved for disposition by sale to a third party under the LRPMPand being the propertyaddressed by this Resolution; and WHEREAS, the proposal by Amelia,LLC, a California limited liability companywas determined to the best qualified offerto purchase the Parcels; and WHEREAS, Amelia,LLC submitted an appraisal by Integra Realty Services, an MAI appraiser, dated August 20, 2015, which determined the value of the Parcels to be $245,000.00; and WHEREAS, the Successor Agency desires to sell the Parcelsfor the amount of $245,000.00, determined by the Successor Agency to be afair and reasonable pricefor the purchase of the Parcelsthat will affect the sale of the Parcels expeditiously in a manner aimed at maximizing value; and WHEREAS, November 9, 2015, the Oversight Board approved the Purchase and Sales Agreement between the Successor Agency and Amelia, LLC for the amount of $245,000.00, with the modification that a term requiring a $2500 deposit be paid be added to the sales agreement; and WHEREAS, the Successor Agency has heard and considered evidence regarding the sale of the Parcels from the SuccessorAgency to Amelia, LLC, including but not limited to information regarding the use of the Parcels as a residential multi-family developmentproject including nine units (the “Project”)and the Project site, and finds that the Project is exempt from the application of the California Environmental Quality Act (“CEQA”) pursuant to its categorical exemption pursuant to CEQA Guidelines Section 15332 as an “In-Fill Development Project,” and that there are no cumulative impacts or unusual circumstances that would make the Project an exception to the applicability of this exemption from CEQA. NOW, THEREFORE,THE SUCCESSOR AGENCY FORTHE REDEVELOPMENT AGENCY FOR THE CITY OF CHULA VISYA DOES HEREBY RESOLVE AS FOLLOWS: Section 1 . The Recitals set forth above aretrue and correct, and are incorporated into this Resolution by this reference. Section 2 . The “REAL PROPERTY PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS” between the Successor Agency and Amelia,LLC,a California limited liability company(the “Agreement”or “PSA”),to sell Assessor’sParcel Nos. 568-351- 04 and 568-351-05the latter for the price of $245,000.00, plus any fees, charges and costs accrued during due diligence and/or escrow,in the form substantially presented to the Successor Agencyand Oversight Board, a true and correct copy of which is maintained as a public record in the Office of the City Clerk,is hereby approvedby the Successor Agency. Section 3. The Successor Agency has heard and considered evidence regarding the sale of the Parcels from the Successor Agency to Amelia, LLC, including but not limited to ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 478 Successor Agency Resolution No. 2015-____ Page 3 information regarding the use of the Parcels as a residential multi-family development project including nine units (the “Project”) and the Project site, and findsthat the Project is exempt from the application of the California Environmental Quality Act (“CEQA”) pursuant to its categorical exemption pursuant to CEQA Guidelines Section 15332 as an “In-Fill Development Project,” and that there are no cumulative impacts or unusual circumstances that would make the Project an exception to the applicability of this exemption from CEQA. Section 4 . The City Manager,in his capacity as the Executive Officer for the Successor Agency,is authorized to execute all required documents to effectuate the sale of these Parcels to Amelia,LLC, and to make changesin documents related to said sale, including the sales agreement itself,as may be required or approved by the City Attorney, in his capacity as General Counsel to the Successor Agency. Section 5 . Pursuant to California Health and Safety Code Section 34179(h)(1)(D),as modified by SB 107, there is no requirement to submit “\[t\]ransfersof governmental property pursuant to an approved long-range property management plan” to the Department of Finance for approvaland, as a result, this Resolution shall be effective upon its adoption and certification. Section 6. The Successor Agency Secretary shall certify to the adoption of this Resolution. Presented byApproved as to form by Gary Halbert Glen R. Googins Executive DirectorGeneral Counsel ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 479 City of Chula Vista Staff Report File#:15-0629, Item#: 17. APPOINTMENT OF CITY COUNCILMEMBERS TO OUTSIDE AGENCIES: SANDIEGOASSOCIATIONOFGOVERNMENT(SANDAG)BOARDOFDIRECTORS- MEMBER SANDIEGOASSOCIATIONOFGOVERNMENT(SANDAG)BOARDOFDIRECTORS- ALTERNATE City of Chula VistaPage 1 of 1Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 480 City of Chula Vista Staff Report File#:15-0667, Item#: 18. SELECTIONOFDATEANDTIMEOFOPENMEETINGORMEETINGSTOCONDUCT INTERVIEWSOFALLAPPLICANTSFORTHEGROWTHMANAGEMENTOVERSIGHT COMMISSION’SSOUTHEASTANDSOUTHWESTTERRITORYREPRESENTATIVESEATS,AND THEAPPLICANTSFORTHEGROWTHMANAGEMENTOVERSIGHTCOMMISSIONEDUCATION REPRESENTATIVESEATANDCIVILSERVICECOMMISSIONWHORECEIVEDTWOORMORE NOMINATIONS AT THE MEETING OF NOVEMBER 10, 2015 City of Chula VistaPage 1 of 1Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 481 City of Chula Vista Staff Report File#:15-0661, Item#: 19. A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d )(4) One case involving consideration of a petition to the State Water Resources Control Board in connection with San Diego Regional Water Quality Control Board Order R9-2015-0100 (Regional MS4 Permit). B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) One case. City of Chula VistaPage 1 of 1Printed on 12/11/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 482 City of Chula Vista Staff Report File#:15-0662, Item#: 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case:Chris Shilling, et al. v. City of Chula Vista, San Diego Superior Court, Case No. 37- 2015-00006097-CU-MC-CTL City of Chula VistaPage 1 of 1Printed on 12/10/2015 powered by Legistar™ ΑΏΐΔȃΐΑȃΐΔ !¦¤£ Packet0 ¦¤ 483