Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2016-03-15 Agenda Packet
[declue under pe�ulry of perjury that I am employed by the City of Chul�Visn in the o�ce of the Ciry Clerk �nd that 1 posted the document xcordina to Brown Act rcquQanmts. paud:3�lU 1` Si L � � C7iUlA VlSL4 � t°����G,��-�/ � Mary Casillas Salas, Mayor PaVicia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan, Counalmember Glen R. Googins, City Attomey John McCann, Coundlmember ponna R. Norris, City Clerk Steve Miesen. Councilmember Tuesday, March 15, 2016 5:00 PM Council Chambers 276 4th Avenue, Building A Chula �sta, CA 91910 SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA, THE CHULA VISTA MUNICIPAL FINANCING AUTHORITY, AND THE CHULA VISTA PUBLIC FINANCING AUTHORITY Notice is heraby given that the Maya o/ the Ciry ol Chula Nsta has calletl and wdl convene a Special Mee6� of Me Sucoeuor Agexy to the Redevelopment AgenCy mee6ng jomtly wdh fhe Gry Council, Me Muniapa! Financing AuMionty, and the Public Financing Aufhorify ar Tuesday, March 15, 2016, at 5:OOp-m. m the Council Chambers, located at 276 FarRh Avenue, Building A, Chula Vista. Ca1i/omia to consider dems on this agenda. CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, McCann, Miesen and Mayor Casillas Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE cry or cn,a wa r,9e+ v�,n.e��norm+e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`/%!2V; )/0,%&# V)U+#+62#!2$)&/+%)0; !6% ((!7 8'99 /0 %$'/: #$%&!'(!#)*+ !,$-% !4! .$/% 0!'/!12"3243"5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 2 !" #&.0 '+,-./(@(30%";= "4<;6 7Q LMNOOXL:?'BDG@AB=#BI#@9?# A@C# BG= AD#BI#@9?# A@C#BI# LMNOOXL 9GD-#HA'@-#- ?*@A=8#4A<'W#-E-:<A=8#-# B=@:- @#IB:#@9?#Y B''#'@:??@#'A<?E-DK# A='@-DD-@AB=#=B:@9#-=<#'BG@9#BI# B''#'@:??@# I:B #4:B-<E-C#@B#IBG:@9#-H?=G?#\] A*#a'@DTMM^\[# *:B5? @#@B#@:AN8:BG*# B='@:G @AB=#-=<# <?H?DB* ?=@(#A= ;#A=#@9?#- BG=@#BI#bSRL(R\\P;OOW# E-AHA=8# A@C# BG= AD#*BDA C#=B;#X\\SNOLW# -G@9B:AFA=8#@9?#<A:? @B:#BI#*G4DA #EB:K'#@B# ?c? G@?#-DD# 9-=8?#B:<?:'W#-=<#-**:B*:A-@A=8# bMX(OOO#I:B #@9?#-H-AD-4D?#4-D-= ?#BI#@9?# @:-='=?@#IG=<#@B#@9?#Y4:B-<E-C#'@:??@# A *:BH? ?=@'#4?@E??=# -A=#'@:??@#-=<#'BG@9# A@C#DA A@'#\] A*#a'@ TRL^\[#*:B5? @#\]SdX#HB@?# :?JGA:?<^ */3&%,#E)!>$#<2U !+120+ !; < .%9 /%: G0V2!#+62# &%Q)!0% #?07%!)0120+ &#J/ &%+"#-,+#'+ +2#8/%V2&%02$(#+62# !=/>$.'/9 /% +!?'%$8 : *!)Z2,+#`/ &%Q%2$#Q)!# # & $$#T# +2.)!%, &#?e21U+%)0#U/!$/ 0+#+)# '2,+%)0#LXTOT#\]=2_# )0$+!/,+%)0#)!# )072!$%)0#)Q#'1 &&# '+!/,+/!2$^;##'%1%& !&"(#/0V2!#+62#= +%)0 &#?07%!)0120+ &#*)&%,"#-,+# fgPS# I:#XR;TX\] ^#\]Lh^(#+62#U!)Z2,+#%$#V2212V# +2.)!%, &&"# ?e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`/%!2V; )/0,%&# V)U+#+62#!2$)&/+%)0; !6% ((!7 8'99 /0 %$'/: #$%&!'(!#)*+ !,$-% !1! .$/% 0!'/!12"3243"5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 3 !" #&.0 '+,-./(@(30%";= "4<;6 6Q LMNOOMT-;:?'BDG@AB=#BI#@9?# A@C# BG= AD#BI#@9?# A@C# LMNOOMT BI# 9GD-#HA'@-#- K=BED?<8A=8#:? ?A*@#BI# BG= AD#*BDA C#=B;#PPO;OL(#@9?# A@C#BI# 9GD-# HA'@-#A=H?'@ ?=@#*BDA C#-=<#8GA<?DA=?'W# - ?=<A=8#@9?#?cA'@A=8#*BDA CW#-=<#<?D?8-@A=8# A=H?'@ ?=@#- @AHA@C#-G@9B:A@C#@B#@9?#<A:? @B:# BI#IA=-= ?d@:?-'G:?: 4;A=H?'@ ?=@#:?*B:@#IB:#@9?#JG-:@?:#?=<?<# <? ? 4?:#TL(#POLX I%0 0,2#<2U !+120+ !; < .%9 /%: @62# ,+%7%+"#%$#0)+# #Y*!)Z2,+\[# $#V2Q%02V#/0V2!#'2,+%)0#LXT\\R#)Q#+62# !=/>$.'/9 /% +!?'%$8 : &%Q)!0% #?07%!)0120+ &#J/ &%+"#-,+#'+ +2#8/%V2&%02$W#+62!2Q)!2(# U/!$/ 0+#+)#'+ +2#8/%V2&%02$#'2,+%)0#LXOMO\],^\]T^#0)#207%!)0120+ &# !27%2_#%$#!2`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`/%!2V; -/+6)!%+%2$# V)U+#+62#!2$)&/+%)0$; !6% ((!7 8'99 /0 %$'/: TQ LMNOLTT:?'BDG@AB=#BI#@9?# A@C# BG= AD#BI#@9?# A@C#BI# LMNOLTT 9GD-#HA'@-#-G@9B:AFA=8#-@@B:=?C#'?:HA ?'# ?c*?='?'#@B#?c ??<#bXO(OOO#IB:#@9?# 9GD-#HA'@-# BDC *A #@:-A=A=8# ?=@?:#*:B5? @ %+"#-++)!02" !; < .%9 /%: @62# ,+%7%+"#%$#0)+# #Y*!)Z2,+\[# $#V2Q%02V#/0V2!#'2,+%)0#LXT\\R#)Q#+62# !=/>$.'/9 /% +!?'%$8 : &%Q)!0% #?07%!)0120+ &#J/ &%+"#-,+#'+ +2#8/%V2&%02$W#+62!2Q)!2(# U/!$/ 0+#+)#'+ +2#8/%V2&%02$#'2,+%)0#LXOMO\],^#\]T^#0)#207%!)0120+ &# !27%2_#%$#!2`/%!2V; )/0,%&# V)U+#+62#!2$)&/+%)0; !6% ((!7 8'99 /0 %$'/: DAC@B"LC@H)CN"ILH@"AJC" HFBCFA" +ECFN+L #$%&!'(!#)*+ !,$-% !@! .$/% 0!'/!12"3243"5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤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i'#<? A'AB=#-**:BHA=8#<?'A8=# :?HA?E#*?: A@#<:LXNOOLO(#IB:#@9?#I-j-<?# :? B<?D#BI#@9?#HB='#4B=A@-# ?=@?:# :?'BDG@AB=#BI#@9?# A@C# BG= AD#BI#@9?# A@C#BI# 9GD-#HA'@-#<?=CA=8#@9?#-**?-D#4C#K?==C#:-C# -=<# A@ 9?DD# B *@B=#-=<#-IIA: A=8#@9?# FB=A=8#-< A=A'@:-@B:i'#-**:BH-D#BI#@9?#<?'A8=# :?HA?E#*?: A@#\]<:LXNOOLO^#IB:#@9?#HB='#4B=A@-# ?=@?:#I-j-<?#:? B<?D(#DB -@?<#-@#SSOS#4B=A@-# :B-<#A=#@9?# A@C#BI# 9GD-#HA'@- <272&)U120+#'2!7%,2$#<2U !+120+ !; < .%9 /%: @62#*!)Z2,+#`/ &%Q%2$#Q)!# # & $$#L# +2.)!%, &#?e21U+%)0#U/!$/ 0+#+)# !=/>$.'/9 /% +!?'%$8 : '2,+%)0#LXTOL#\]?e%$+%0.#I ,%&%+%2$^#)Q#+62# &%Q)!0% #?07%!)0120+ &# J/ &%+"#-,+#8/%V2&%02$; )/0,%&#,)0V/,+#+62#U/3&%,#62 !%0.# 0V# V)U+#+62#!2$)&/+%)0; !6% ((!7 8'99 /0 %$'/: #$%&!'(!#)*+ !,$-% !A! .$/% 0!'/!12"3243"5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 5 !" #&.0 '+,-./(@(30%";= "4<;6 ;<Q LMNOORT B='A<?:-@AB=#BI#?'@-4DA'9A=8# B G=A@C# LMNOORT I- ADA@A?'#<A'@:A @#=B;#L\\NA(#<? D-:A=8#@9?# :?'GD@'#BI#@9?#'*? A-D#?D? @AB=#EA@9A=# I<#L\\NA# -=<#-G@9B:AFA=8#@9?#D?HC#BI#'*? A-D#@-c?'# EA@9A=# I<#L\\NA#\]@9?#YIB: -@AB=#*:B ??<A=8'\[^# -;:?'BDG@AB=#BI#@9?# A@C# BG= AD#BI#@9?# A@C# BI# 9GD-#HA'@-#IB: A=8#-=<#?'@-4DA'9A=8# B G=A@C#I- ADA@A?'#<A'@:A @#=B;#L\\NA#\]E?'@?:=# 9GD-#HA'@-#<AI#IA=-= A=8#*:B8:- ^#-=<# -G@9B:AFA=8#'G4 A@@-D#BI#@9?#D?HC#BI#'*? A-D# @-c?'#EA@9A=#'G 9# B G=A@C#I- ADA@A?'#<A'@:A @# @B#@9?#JG-DAIA?<#?D? @B:'#@9?:?BI 4;:?'BDG@AB=#BI#@9?# A@C# BG= AD#BI#@9?# A@C# BI# 9GD-#HA'@-#- @A=8#A=#A@'# -*- A@C#-'#@9?# D?8A'D-@AH?#4B<C#BI# B G=A@C#I- ADA@A?'# <A'@:A @#=B;#L\\NA#\]E?'@?:=# 9GD-#HA'@-#<AI# IA=-= A=8#*:B8:- ^#<? D-:A=8#@9?#:?'GD@'#BI#-# '*? A-D#?D? @AB=#A=#'G 9# B G=A@C#I- ADA@A?'# <A'@:A @ ;B:<A=-= ?#BI#@9?# A@C#BI# 9GD-#HA'@-#- @A=8# -'#@9?#D?8A'D-@AH?#4B<C#BI# B G=A@C#I- ADA@A?'# <A'@:A @#=B;#L\\NA#\]E?'@?:=# 9GD-#HA'@-#<AI# IA=-= A=8#*:B8:- ^#-G@9B:AFA=8#@9?#D?HC#BI#-# '*? A-D#@-c#A=#'G 9# B G=A@C#I- ADA@A?'# <A'@:A @#\]IA:'@#:?-<A=8^ ?,)0)1%,#<272&)U120+#<2U !+120+ !; < .%9 /%: @62# ,+%7%+"#%$#0)+# #Y*!)Z2,+\[# $#V2Q%02V#/0V2!#'2,+%)0#LXT\\R#)Q#+62# !=/>$.'/9 /% +!?'%$8 : &%Q)!0% #?07%!)0120+ &#J/ &%+"#-,+#'+ +2#8/%V2&%02$W#+62!2Q)!2(# U/!$/ 0+#+)#'+ +2#8/%V2&%02$#'2,+%)0#LXOMO\],^#\]T^#0)#207%!)0120+ &# !27%2_#%$#!2`/%!2V; )/0,%&#,)0V/,+#+62#U/3&%,#62 !%0.(# V)U+#!2$)&/+%)0#-(#V%!2,+#+62# %+"# !6% ((!7 8'99 /0 %$'/: &2!>#+)#,)0V/,+#+62#$U2,% &2,+%)0W#%Q#&27"#)Q#+ e2$#%$# UU!)72V#3"# 7)+2!$(# V)U+#!2$)&/+%)0#4# 0V#U& ,2#+62#)!V%0 0,2#)0#Q%!$+#!2 V%0.; #$%&!'(!#)*+ !,$-% !5! .$/% 0!'/!12"3243"5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 6 !" #&.0 '+,-./(@(30%";= "4<;6 ;;Q LMNOORS B='A<?:-@AB=#BI#-G@9B:AFA=8#@9?#-==?c-@AB=# LMNOORS A=#@9?#IG@G:?#BI# ?:@-A=#@?::A@B:C#@B# I<#=B;# L\\NA#\]@9?#YIG@G:?#-==?c-@AB=#-G@9B:AF-@AB=# *:B ??<A=8'\[^ :?'BDG@AB=#BI#@9?# A@C# BG= AD#BI#@9?# A@C#BI# 9GD-#HA'@-#- @A=8#A=#A@'# -*- A@C#-'#@9?# D?8A'D-@AH?#4B<C#BI# B G=A@C#I- ADA@A?'# <A'@:A @#=B;#L\\NA#\]E?'@?:=# 9GD-#HA'@-#<AI# IA=-= A=8#*:B8:- ^(#-G@9B:AFA=8#@9?# -==?c-@AB=#BI#@?::A@B:C#A=#@9?#IG@G:?#@B#'G 9# B G=A@C#I- ADA@A?'#<A'@:A @ ?,)0)1%,#<272&)U120+#<2U !+120+ !; < .%9 /%: @62# ,+%7%+"#%$#0)+# #Y*!)Z2,+\[# $#V2Q%02V#/0V2!#'2,+%)0#LXT\\R#)Q#+62# !=/>$.'/9 /% +!?'%$8 : &%Q)!0% #?07%!)0120+ &#J/ &%+"#-,+#'+ +2#8/%V2&%02$W#+62!2Q)!2(# U/!$/ 0+#+)#'+ +2#8/%V2&%02$#'2,+%)0#LXOMO\],^\]T^#0)#207%!)0120+ &# !27%2_#%$#!2`/%!2V; )/0,%&#,)0V/,+#+62#U/3&%,#62 !%0.# 0V# V)U+#+62#!2$)&/+%)0; !6% ((!7 8'99 /0 %$'/: #$%&!'(!#)*+ !,$-% !B! .$/% 0!'/!12"3243"5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 7 !" #&.0 '+,-./(@(30%";= "4<;6 AD@C" CLA+DF>"6><<"?Q@Q ;4Q LMNOOLX'BDA A@-@AB=#BI#*G4DA #A=*G@#:?8-:<A=8# LMNOOLX *:B*B'?<#POLMdPOL\\#IG=<A=8#:? B ?=<-@AB='# IB:#G;';#<?*-:@ ?=@#BI#9BG'A=8#-=<#G:4-=# <?H?DB* ?=@#\]9G<^#I?<?:-D#8:-=@#*:B8:- '# \] B G=A@C#<?H?DB* ?=@#4DB K#8:-=@(#9B ?# A=H?'@ ?=@#*-:@=?:'9A*'#- @(#-=<#? ?:8?= C# 'BDG@AB='#8:-=@^#-=<# B='A<?:-@AB=#BI# - ?*@-= ?#BI#-#:?*B:@#:?8-:<A=8#POLMdPOL\\# IG=<A=8#:?JG?'@'#-=<#:? B ?=<-@AB='#IB:# @9?#-IB: ?=@AB=?<#9G<#I?<?:-D#8:-=@# *:B8:- ' <272&)U120+#'2!7%,2$#<2U !+120+ !; < .%9 /%: ?J-k##@62# ,+%7%+"#%$#0)+# #Y*!)Z2,+\[# $#V2Q%02V#/0V2!#'2,+%)0# !=/>$.'/9 /% +!?'%$8 : LXT\\R#)Q#+62# &%Q)!0% #?07%!)0120+ &#J/ &%+"#-,+#\] ?J-^#'+ +2# 8/%V2&%02$W#+62!2Q)!2(#U/!$/ 0+#+)#'+ +2#8/%V2&%02$#'2,+%)0#LXOMO\],^ \]T^#0)#207%!)0120+ &#!27%2_#%$#!2`/%!2V#/0V2!# ?J-;# =?*-k#G0V2!#+62#= +%)0 &#?07%!)0120+ &#*)&%,"#-,+#\]=?*-^(#+62# ,+%7%+"#%$#2e21U+#U2!#@%+&2#PS(#* !+#XR;TS\] ^\]P^\]T^#)Q#+62# )V2#)Q# I2V2! &#:2./& +%)0$# 0V#U/!$/ 0+#+)#+62#G;';#<2U !+120+#)Q# 9)/$%0.# 0V#G!3 0#<272&)U120+#?07%!)0120+ /%V2&%02$W# +62!2Q)!2(#U/!$/ 0+#+)#=?*-#0)#Q/!+62!#207%!)0120+ &#!27%2_#%$# !2`/%!2V;## )/0,%&#,)0V/,+#+62#U/3&%,#62 !%0.# 0V# ,,2U+#+62#!2U)!+; !6% ((!7 8'99 /0 %$'/: + ADHF"DAC@B >%"#I "9M$N#1 $ "3# +# % $#$"! +# .# %"#,)"+3,#4 11#'"#! +$ 3"&"3# +3 * 30,11(#'(# %"# / 0+! 1#,+3#,&"#"P6"! "3# #"1 ! #3 $!0$$ +#,+3#3"1 '"&, +E##I.#( 0#4 $%# #$6",J# +#,+(# "9;#61",$"#. 11# 0 #,#K8"H0"$ # #56",JL#. &9#M,*, 1,'1"# +# %"#1 ''(N#,+3#$0'9 # # # %"# / (#/1"&J#6& &# # %"#9"" +)E ;VQ LMNOLPS B='A<?:-@AB=#BI#@9?#'-D?#-=<#?c 9-=8?#BI#-# LMNOLPS IB: ?:#:?<?H?DB* ?=@#-8?= C#*-:KA=8#DB@# IB:#-# A@C#BE=?<#*-:KA=8#DB@# -;:?'BDG@AB=#BI#@9?#'G ?''B:#-8?= C#@B#@9?# 9GD-#HA'@-#:?<?H?DB* ?=@#-8?= C#BI#@9?# A@C# BI# 9GD-#HA'@-#-**:BHA=8#-#*G: 9-'?#-=<#'-D?# -8:?? ?=@#EA@9#9 # -*A@-D#*-:@=?:'#DD (#@B# '?DD#-''?''B:#*-: ?D#=B';#XMRNLMPNOR#-=<#XMRNLMP NOl#IB:#bTXO(OOO;OO# #$%&!'(!#)*+ !,$-% !C! .$/% 0!'/!12"3243"5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 8 !" #&.0 '+,-./(@(30%";= "4<;6 4;:?'BDG@AB=#BI#@9?# A@C# BG= AD#BI#@9?# A@C# BI# 9GD-#HA'@-#-**:BHA=8#-#:?-D#*:B*?:@C# ?c 9-=8?#-8:?? ?=@#4?@E??=#9 # -*A@-D# *-:@=?:'#DD (#-=<#@9?# A@C#BI# 9GD-#HA'@-#IB:# A@CNBE=?<#*:B*?:@C#DB -@?<#-@#@9?# 'BG@9E?'@# B:=?:#BI# 9G: 9#-H?=G?#-=<# <-HA<'B=#'@:??@(#-''?''B:#*-: ?D#=B;#XMRNLMLN PX(#A=#?c 9-=8?#IB:#*:B*?:@C#DB -@?<#-@#PRLN PR\\# 9G: 9#-H?=G?(#-''?''B:#*-: ?D#=B';#XMRN LMPNOR#-=<#XMRNLMPNOl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ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 9 City of Chula Vista Staff Report File#:16-0121, Item#: A. PRESENTATIONBYLIBRARYDIRECTORBETTYWAZNIS,CHULAVISTAELEMENTARY SCHOOLDISTRICTSUPERINTENDENTDR.FRANCISCOESCOBEDO,ANDQUALCOMMINC. SENIORDIRECTOR,GOVERNMENTAFFAIRSEDHILDAGOREGARDINGTHINKABITLABAT THE CIVIC CENTER BRANCH LIBRARY City of Chula VistaPage 1 of 1Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 10 City of Chula Vista Staff Report File#:16-0143, Item#: 1. APPROVAL OF MINUTES of March 8, 2016. RECOMMENDED ACTION Council approve the minutes. City of Chula VistaPage 1 of 1Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤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ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤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ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 13 !" #&-6 '+,, -."+ -& ,*"/"01($ +(16%"D "94B; 5N?HG "MF=OGIJE 678996K =?2@3<;)A@=?(=B( CDE)(F@2A)\\2(J=;A@=?(=B(AC<(L967( <T ;<>@=?)E(A;)?2J=;A)A@=?(@/J;=F</<?A(J;=>;)/ ;<2=EDA@=?(?=Q(L96789:L(=B(AC<( @AI( =D? @E(=B(AC<( @AI( =B( CDE)(F@2A)()3=JA@?>(AC<(A;)?2?<A(E= )E(2A;<<A( @/J;=F</<?A(J;=>;)/(=B(J;=\[< A2(B=;(B@2 )E(I<);2( L967UL96K(AC;=D>C(L9L9UL9L6(B=;(@? ED2@=?(@?(AC<( ;<>@=?)E(A;)?2J=;A)A@=?(@/J;=F</<?A(J;=>;)/\]()?3( J;=F@3@?>(AC<( <;A@B@ )A@=?()?3(@?3</?@AI(2A)A</<?A2( ?< <22);I(A=(=-A)@?(A;)?2?<A(BD?32 F*'(/ *+ ', , $%()! 6$1 !(B ) () $//*%2$)/ 6(', # !$# % M"(% < )'1> $)2 ', , $%()! 6$1 , #2 *) ', 2$' $)2 )* $%#( % ',$) ', '(< 14 /(+( 2 () ', )*'(/ ; &$.*% -$1(##$1 3$#$1 *4 ) 2 ', 4"=#(/ , $%()!; L, % = ()! )* < <= %1 *+ ', 4"=#(/ 6,* 6(1, 2 '* 14 $E> &$.*% -$1(##$1 3$#$1 /#*1 2 ', 4"=#(/ , $%()!; = CGKI3="7# #-"Y(*"7(@,"8!" #&-6 '7,78,1"+6 (-- "*,6#-@,@"8!" #&-6 '7,78,1" =.& '(1 " %( "O,*#'& #-"I#T"94B;/4<9"8,"(@#X ,@ "%,(@ -."1,(@ " ,\[ "Y( >,@T"C%," 7# #-"6(11 ,@"8!" %,"$#''#Y -."># ,3 :(8()* "#+',(-% . ..+ ,(/! + (+ 0( +."##+.(2+#+. P,*3 9((( I#3 9((( =8* ( -3 = CGKI"GCF+E 6V897KL =?2@3<;)A@=?(=B(AC<(@22D)? <(=B(A)S8<S</JA( 2T =-E@>)A@=?2(M@AC(;<2J< A(A=(AC<(6LH8D?@A(F=EA)(2<?@=;( C=D2@?>(J;=\[< A()?3(^K8D?@A(3D<AA)(C=D2@?>(J;=\[< A(@?( AC<(/@EE<?@)( =//D?@AI )QC)(;<2=EDA@=?(?=Q(L9678996(=B(AC<( CDE)(F@2A)(C=D2@?>( )DAC=;@AI()DAC=;@R@?>(AC<(@22D)? <(=B(@A2(A)S8<S</JA( /DEA@B)/@EI(C=D2@?>(;<F<?D<(?=A<()?3(@A2(\[D?@=;( /DEA@B)/@EI(C=D2@?>(;<F<?D<(-=?32(@?()( D/DE)A@F<()?3( )>>;<>)A<(J;@? @J)E()/=D?A(?=A(A=(<S <<3(_L6,K99,999( )?3(@A2(A)S)-E<(/DEA@B)/@EI(C=D2@?>(;<F<?D<(?=A<(@?()?( )>>;<>)A<(J;@? @J)E()/=D?A(?=A(A=(<S <<3(_6,K99,999( B=;(AC<(JD;J=2<(=B(B@?)? @?>(AC<() WD@2@A@=?()?3( =?2A;D A@=?(=B(AC<(F=EA)()J);A/<?A(C=/<2( /DEA@B)/@EI(;<?A)E(C=D2@?>(J;=\[< A\]()JJ;=F@?>()?3( )DAC=;@R@?>(AC<(<S< DA@=?()?3(3<E@F<;I(=B()?I()?3()EE( 3= D/<?A2(?< <22);I(A=(@22D<(AC<(?=A<2()?3(-=?32,( =/JE<A<(AC<(A;)?2) A@=?()?3(@/JE</<?A(AC@2( ;<2=EDA@=?,()?3(;)A@BI@?>()?3()JJ;=F@?>()?I() A@=?( C<;<A=B=;<(A)N<?(@?( =??< A@=?(M@AC(AC<(-=?32 #$%&!'(!#)*+ !,$-% !/ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤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ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤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`% (0 '" *( # .%0(2%.." .(+'%($+" 5+" %0(&1(5a%( "51()55 ' %1Q 67896L^ =?B<;<? <(M@AC(E<>)E( =D?2<E(;<>);3@?>(<S@2A@?>( :T E@A@>)A@=?(JD;2D)?A(A=(>=F<;?/<?A( =3<(2< A@=?( V:OV7QO(T0XT6X ?+$%( P(!+.%b((( a'".(2a"##" *,(%5(+#Q(cQ( "51( P( a #+(F".5+,(%5(+#Q,(2+ ( 3"%* (2 4%'" '( '5,( +.%(? Q(HK8L96V8999979OK8 D8/ 8 AEQ = CGKI3I#"1,X#1 (8',"(6 #-T =0QKNOI+FIC ' ?8I: 4;<;> &$.*% -$1(##$1 3$#$1 $2\\*"%) 2 ', < '()! '* ', !"#$% -('. -*")/(# & '()! *) &$%/, I7> :9I@> $' 7899 4;<;> () ', -*")/(# -,$<= %1; ddddddddddddddddddddddddddddddd N%''1(NQ(-"*%# e,()..".5+ 5( "51( #%'` #$%&!'(!#)*+ !,$-% !1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 16 City of Chula Vista Staff Report File#:16-0141, Item#: 2. WRITTEN COMMUNICATIONS Letter of resignation from Yoana Bandala, International Friendship Commission RECOMMENDED ACTION Council accept the resignation. City of Chula VistaPage 1 of 1Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 17 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 18 City of Chula Vista Staff Report File#:15-0560, Item#: 3. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVING AGREEMENTSWITHBWE,INC.;DOKKENENGINEERING,INC.;ANDPSOMASFOR PROFESSIONALLANDSURVEYINGCONSULTINGSERVICESREQUIREDFORVARIOUS CAPITALIMPROVEMENTPROGRAMPROJECTSANDOTHERCITYPROJECTSDURINGTHE DESIGN AND CONSTRUCTION PHASES RECOMMENDED ACTION Council adopt the resolution. SUMMARY Citystaffhasidentifiedtheneedtoenlistqualifiedconsultantsfromtime-to-timetoassistCityLand SurveyStaff.On-callsurveypersonnelwouldprovidetimely,as-neededservicesintheeventthatan urgentneedarisesandexistingCityLandSurveyStaffiscommittedtoothertime-sensitive assignments. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheactionforcompliancewiththeCalifornia EnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”asdefined underSection15378oftheCaliforniaEnvironmentalQualityActStateGuidelines;therefore, pursuanttoStateGuidelinesSection15060(c)(3)noenvironmentalreviewisrequired.Althoughno environmentalreviewisrequiredatthistime,itshallbeconductedpriortotheagency’sapprovalof any future project specific actions. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Currently,theLandSurveySectionconsistsoftwoandahalf(2.5)fulltimestaff,augmentedonan as-neededbasisbytheservicesofthree(3)on-callsurveyconsultants.TheLandSurveySection provideslandsurveyingservicesforgeneralmaintenance,CIP,andLandDevelopmentprojects, including, but not limited to: Maintaining the City’s first order control network, City of Chula VistaPage 1 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 19 File#:15-0560, Item#: 3. Topographic surveys for engineering design and map drafting, Subdivision,ParcelMap,andLotLineAdjustmentcheckingfornewlanddevelopment projects, Monument inspection for new land development projects, Control surveys, both conventional and GPS, including calculations and map preparation, Construction staking and preparation of staking calculations, Monument preservation and preparation of Corner Records and/or Records of Survey Response to dig alerts for City projects and emergency repairs. JUSTIFICATION FOR ON-CALL CONSULTANTS Staffhasdeterminedthatitisnecessarytosecuretheassistanceoflandsurveyingconsultantsonan as-needed basis, rather than hiring additional staff, for the following reasons: 1.Itiscriticalthatrightofwayengineering,topographicsurveys,monumentpreservation,and constructionsurveyingworkforexistingandfutureCIPProjectsbeperformedinatimely manner to avoid project and construction delays. 2.Throughtheacquisitionandimplementationoftechnologicallandsurveyequipment,Land SurveyStaffhasachievedexceptionalefficiencywhilenotcompromisingaccuracy.Although LandSurveyStaffhasbecomesignificantlymoreefficient,assistanceisoccasionallyneeded during periods of high volume land surveying requests and emergencies. CONSULTANT SELECTION PROCESS Thecontractamountfortheseservicesisanticipatedtobeinexcessof$50,000.Therefore,Staff followedtheprocurementproceduresoutlinedinCityCouncilPolicyandinChulaVistaMunicipal Code Section 2.56. InOctober2015,aRequestforProposals(RFP)wasissued.ProposalswerereceivedonNovember 4,2015fromthefollowingeight(8)consultingfirmsqualifiedtoprovideprofessionallandsurveying services: BWE, Inc. Dokken Engineering, Inc. Hale Engineering & Surveying, Inc. Henkels & McCoy, Inc. O’Day Consultants, Inc. PSOMAS City of Chula VistaPage 2 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 20 File#:15-0560, Item#: 3. Rick Engineering Company Towill, Inc. ASelectionCommitteeofCityStaffevaluatedtheproposalsreceivedandshort-listedsix(6) ConsultantsforinterviewsinDecember2015.TheSelectionCommitteeevaluatedtheConsultants based on both their proposals and interviews using the following criteria: Experience Capacity to perform the required scope of services Quality of management team Grasp and understanding of the scope of services required Responsiveness of proposals to the required scope of work Quality and clarity of proposal Familiarity with the local area Cost proposal The following three (3) firms are recommended by the Selection Committee: BWE, Inc. - San Diego, CA Dokken Engineering, Inc. - San Diego, CA PSOMAS - San Diego, CA Fee schedules and contract details have been successfully negotiated with all three (3) Consultants. Thecontractswillhaveaminimumtermoftwo(2)years,withtheCityholdingtheoptiontoextend thetermofthecontractsuptoanadditionaltwo(2)years.Thetermsofeachcontractaresuchthat thecumulativecompensationforservicesrenderedshallnotexceed$500,000toeachconsultant. Additionally,theactualcumulativecompensationforallthree(3)consultantscombinedwillnot exceed$500,000,regardlessofthelengthofcontractterm(s).Thiswillallowstafftheflexibilityto procuretheconsultant(s)thatwillbestprovidethemostcost-effectiveoptionfortheneededservices. . SCOPE OF SERVICES Typical services that the City may require during the planning, design, and construction phases of CIP projects may involve field and office land surveying tasks, including: MonumentPreservation,includingresearch,tieouts,resets,andpreparationofCorner Records and/or Records of Survey, Right of Way Determination, Preparation of acquisition documents, City of Chula VistaPage 3 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 21 File#:15-0560, Item#: 3. Controlsurveys,bothconventionalandGPS,includingcalculationsandmap preparation, Topographic field surveys and map drafting, Monument Inspection for new land development projects, and Construction staking, including field staking and preparation of staking calculations. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite specificandconsequentlythe500footrulefoundinCaliforniaCodeofRegulationssection18704.2 (a)(1) is not applicable to this decision. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theuseof professionallandsurveyingconsultantssupportstheStrongandSecureNeighborhoodsgoalinthat itaidsstaffinthepreservationandrestorationofCityinfrastructurethroughthesuccessful completion of the City’s CIP projects. CURRENT YEAR FISCAL IMPACT TheapprovalofthisresolutionwillresultinnoimpacttotheGeneralFund.Allfundingfor Consultant’s services will be funded from CIP projects. ONGOING FISCAL IMPACT None. ATTACHMENTS Agreements with BWE, Inc., Dokken Engineering, Inc., and PSOMAS for Professional Land Surveying Consulting Services Staff Contact: Alan Reyes, Associate Civil Engineer, Public Works-Engineering City of Chula VistaPage 4 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 22 RESOLUTION NO. RESOLUTION OF THE CITY COUNICL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS WITH BWE, INC.;DOKKEN ENGINEERING, INC.;AND PSOMAS FOR PROFESSIONAL LAND SURVEYING CONSULTING SERVICES REQUIRED FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM (CIP)PROJECTS AND OTHER CITY PROJECTS DURING THE DESIGN AND CONSTRUCTION PHASES WHEREAS, the City has identified the need to enlist qualified consultants to assist City SurveyStaff; and WHEREAS, in October2015, aRequest for Proposal(RFP)was issued; and WHEREAS, eight (8) proposals were receivedon November 4,2015 from the following Consultants: BWE, Inc. Dokken Engineering, Inc. Hale Engineering & Surveying, Inc. Henkels & McCoy, Inc. ODay Consultants, Inc. PSOMAS Rick Engineering Company Towill, Inc. WHEREAS, the Selection Committee evaluated Consultants based on both their proposals and interviews; and WHEREAS, the following three (3) firms are recommended by the Selection Committee: BWE, Inc. San Diego, CA Dokken Engineering, Inc. SanDiego, CA PSOMAS San Diego, CA WHEREAS, fee schedules and contract details have been successfully negotiated; and WHEREAS, the contracts will have a minimum term of two (2) years, with the City holding the option to extend the term of the contracts up to an additional two (2) years. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 23 WHEREAS, the maximum, combined compensation for services rendered under the three contracts shall not exceed $500,000, regardless of the length of contract term(s). WHEREAS, the Director of Development Services has reviewed this action for compliance with the California Environmental Quality Act and has determined that theactivity 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. WHEREAS, approving the proposed Agreements between the City of Chula Vista and the three (3) selected Consultants (Agreements) will ensure that City staff will obtain timely and cost-effective services to support all types of projects. NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City of Chula Vista,that it does hereby approve agreements between the City andBWE, Inc.;Dokken Engineering, Inc.;and PSOMASfor Professional Land Surveying Consulting Services required for various Capital Improvement Program (CIP) projects and other City projects during the design and construction phases,in the form presented, with such minor modifications as may be required or approved by the City Attorney,copies of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it does hereby authorize and direct the Mayor of the City of Chula Vista to execute said agreements on behalf of the City. Presented byApproved as to form by Richard A.HopkinsGlen R. Googins Director of Public WorksCity Attorney ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 24 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 25 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 26 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 27 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 28 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 29 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 30 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 31 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 32 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 33 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 34 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 35 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 36 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 37 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 38 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 39 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 40 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 41 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 42 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 43 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 44 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 45 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 46 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 47 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 48 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 49 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 50 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 51 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 52 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 53 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 54 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 55 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 56 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 57 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 58 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 59 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 60 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 61 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 62 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 63 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 64 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 65 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 66 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 67 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 68 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 69 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 70 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 71 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 72 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 73 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 74 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 75 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 76 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 77 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 78 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 79 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 80 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 81 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 82 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 83 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 84 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 85 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 86 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 87 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 88 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 89 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 90 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 91 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 92 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 93 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 94 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 95 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 96 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 97 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 98 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 99 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 100 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 101 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 102 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 103 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 104 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 105 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 106 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 107 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 108 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 109 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 110 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 111 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 112 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 113 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 114 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 115 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 116 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 117 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 118 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 119 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 120 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 121 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 122 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 123 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 124 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 125 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 126 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 127 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 128 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 129 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 130 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 131 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 132 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 133 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 134 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 135 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 136 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 137 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 138 City of Chula Vista Staff Report File#:16-0051, Item#: 4. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTINGBIDS; AWARDINGACONTRACTFORTHE“MOSSSTREETSIDEWALKINSTALLATIONNORTHAND SOUTHOFMOSSSTREETFROMBROADWAYTOFOURTHAVENUE(CIP#STL366)”PROJECT TOTRI-GROUPCONSTRUCTIONANDDEVELOPMENT,INC.INTHEAMOUNTOF$481,872.00; WAIVINGCITYCOUNCILPOLICYNO.574-01;AUTHORIZINGTHEDIRECTOROFPUBLIC WORKSTOEXECUTEALLCHANGEORDERS;ANDAPPROPRIATING$65,000FROMTHE AVAILABLEBALANCEOFTHETRANSNETFUNDTOTHE“BROADWAYSTREET IMPROVEMENTSBETWEENMAINSTREETANDSOUTHCITYLIMITS(CIP#STM381)” PROJECT (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY OnFebruary3,2016,theDirectorofPublicWorksreceivedfive(5)sealedbidsforthe“MossStreet SidewalkInstallationbetweenBroadwayandFourthAvenueintheCityofChulaVista,California (CIP#STL366)Project.ThisprojectisincludedintheCapitalImprovementProgram(CIP)fiscalyear 2015/2016.Thisprojectwillinstallthemissingsidewalk,curb,gutterandADApedestrianramps within the project limits. ENVIRONMENTAL REVIEW Environmental Notice UndertheCaliforniaEnvironmentalQualityActStateGuidelines,theProjectqualifiesforaClass3 CategoricalExemptionpursuanttoSection15303(NewConstructionorConversionofSmall Structures).Similarly,undertheNationalEnvironmentalPolicyAct\[§24CFR58.35(a)(1\]),the project is deemed Categorically Excluded (infrastructure improvements similar to those in place). Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass 3CategoricalExemptionpursuanttoSection15303(NewConstructionorConversionofSmall Structures) of the State CEQA Guidelines. Thus, no further environmental review is required. Furthermore,projectisCategoricallyExcludedunderNEPAper§24CFR58.35(a)(1)whichincludes projectsconsistingofacquisition,repair,improvement,reconstruction,orrehabilitationofpublic facilitiesandimprovements(otherthanbuildings)whenthefacilitiesandimprovementsareinplace andwillberetainedinthesameusewithoutchangeinsizeorcapacityofmorethan20%(eg.water or sewer lines, curbs, sidewalks, streets). City of Chula VistaPage 1 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 139 File#:16-0051, Item#: 4. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION ThisprojectwillinstallthemissingsidewalkalongthenorthandsouthsidesofMossStreetbetween BroadwayandFourthAvenue.Thescopeofworkincludestheinstallationofcurb,gutterand sidewalk,ADAcompliantpedestrianramps,streetlights,upgradeanexistinginletandastormdrain biofiltrationsystem.Otherworkincidentaltotheprojectincludesasphaltconcretepavement,traffic control,androadwaysigningandstriping.ThisprojectisfundedbyTransNetfundsandCommunity Development Block Grant (CDBG) funds. On February 3, 2016, the Director of Public Works received five (5) bids as follows: CONTRACTORBASE BID TOTAL 1Tri-Group Construction & Development, Inc. - San Diego$481,872.00 2Palm Engineering Construction Co. Inc - San Diego$496,430.50 3Just Construction Inc. - San Diego$497.688.10 4Crest Equipment, Inc - El Cajon$499,280.50 5Portillo Concrete, Inc. - Chula Vista$535,381.50 ThelowbidbyTri-GroupConstruction&Development,Inc.of$481,872.00is$42,124 (approximately 9%) below the Engineer's estimate of $523,996. Tri-GroupConstruction&Development,IncisacurrentlyanactivelicensedClass“A”and“B”, GeneralEngineeringContractorandGeneralBuildingContractor(LicenseNo.792159)andhas performedsimilarworkintheCitywithsatisfactoryperformance.Allcompaniesassociatedwiththis contractareregisteredaspublicworkscontractorswiththeCaliforniaDepartmentofIndustrial Relations(DIR).StaffhasreviewedTri-GroupConstruction&Development,Inc’sbidanddetermined ittoberesponsive.Therefore,staffrecommendsawardingSTL366projectcontracttoTri-Group Construction & Development, Inc. TheproposedresolutionwouldalsoauthorizetheDirectorofPublicWorkstoapprovechangeorders overandaboveexistingpolicylimits.UnderCityCouncilPolicyNo.574-01,ifanindividualchange ordercausesthecumulativeincreaseinchangeorderstoexceedtheDirector’sauthority,(“Maximum AggregateIncreaseinChangeOrders”),CityCouncilapprovalisrequired.Thecorresponding maximumaggregatecontractincreasethatmaybeapprovedbytheDirectorofPublicWorksunder PolicyNo.574-01is$36,731.ApprovaloftheresolutionwouldincreasetheDirectorofPublicWorks authoritytoapprovechangeorders,withoutCouncilapprovalasnecessary,uptocontingency amountof$96,400(approximately20%ofthecontract),anincreaseof$59,669overPolicyNo.574- 01.IncreasingtheDirector’sauthoritywillallowtheprojecttocontinuewithoutdelayshould unforeseen circumstances arise resulting in increased project costs during the course of construction. Additionalfundsof$65,000arerequiredforCIPSTM381-SouthBroadwayImprovementstocover staff and project costs. City of Chula VistaPage 2 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 140 File#:16-0051, Item#: 4. Wage Statement TheContractoranditssubcontractorsarerequiredbybidspecificationstopayprevailingwages (“PrevailingWageRates”)topersonsemployedbythemforworkunderthisContract.Inaccordance withtheprovisionsofSection1773oftheLaborCodeoftheStateofCalifornia,theCityofChula Vistahasascertainedthegeneralprevailingwagescalesapplicabletotheworktobedone.The prevailingwagescalesarethosedeterminedbytheU.S.FederalDepartmentofLaborRelations (Davis-Bacon). Disclosure Statement Attachment 1 is a copy of the Contractor’s Disclosure Statement. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty holdingswithin500feetoftheboundariesofthepropertieswhicharethesubjectofthisaction. 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.MossStreetSidewalk InstallationNorthandSouthOfMossStreetfromBroadwaytoFourthAvenueprojectsupportsthe StrongandSecureNeighborhoodsStrategicGoalasitmaintainspublicinfrastructurevitaltothe quality of life for residents. CURRENT YEAR FISCAL IMPACT ApprovaloftheresolutionwillinitiatetheconstructionphaseofSTL366andappropriate$65,000in TransNettoSTM381.SufficientTransNetandCDBGFundsareavailableinSTL366tocompletethe projectandavailableintheTransNetFundforsaidappropriation.Therefore,thereisnoadditional impact to these funds. FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount$481,872 B. Contingency (Approximately 20% of contract)$96,400 C. Construction Inspection Staff Cost$105,000 D. Soil Testing During Construction Phase$26,200 E. Construction Land Survey$ 52,400 TOTAL FUNDS REQUIRED FOR CONSTRUCTION$761,872 ONGOING FISCAL IMPACT City of Chula VistaPage 3 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 141 File#:16-0051, Item#: 4. Uponcompletionoftheproject,theimprovementswillrequireonlyroutineCitymaintenance,whichis funded through the General Fund and any applicable maintenance funding sources. ATTACHMENTS 1.Contractor’s Disclosure Statement - Tri-Group Construction & Development, Inc. Staff Contact: David Hicks City of Chula VistaPage 4 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 142 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 143 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 144 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING A CONTRACT FOR THE "MOSS STREET SIDEWALK INSTALLATION NORTH AND SOUTH OF MOSS STREET FROM BROADWAY TO FOURTH AVENUE (CIP # STL366)" PROJECT TOTRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. IN THE AMOUNT OF $481,872.00; WAIVING CITY COUNCIL POLICY 574-01; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS; AND APPROPRIATING $65,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUNDTO THE “BROADWAY STREET IMPROVEMENTS BETWEEN MAIN STREET AND SOUTH CITY LIMITS (CIP # STM381)” PROJECT. (4/5 VOTE REQUIRED) WHEREAS, the purpose of the project is to install the missing sidewalk, curb, gutter and ADA pedestrian ramps within the project limits; and WHEREAS, The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. Thus, no further environmental review is required; and WHEREAS, on February 3, 2016, the Director of Public Works received five (5) sealed bids for the “Moss Street Sidewalk Installation between Broadway and Fourth Avenue in the City of Chula Vista, California (CIP# STL366) Project; and WHEREAS, the following bids were received: CONTRACTORBID Tri-Group Construction & Development, Inc. - 1$481,872.00 San Diego 2Palm Engineering Construction Co. Inc –San Diego$496,430.50 3Just Construction Inc. –San Diego$497.688.10 4Crest Equipment, Inc –El Cajon$499,280.50 5Portillo Concrete, Inc. –Chula Vista$535,381.50 WHEREAS, Tri-Group Construction & Development, Inc is a currently an active licensed Class “A” and “B”, General Engineering Contractor and General Building Contractor (License No. 792159) and has performed similar work in the City with satisfactory performance; and ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 145 WHEREAS, in the City Council Policy No. 574-01, the maximum aggregated contract increase that may be approved by the Director of Public Works for the STL366project is $36,731; and WHEREAS, Approval of the resolution would increase the Director of Public Works authority to approvechange orders, without City Council approval as necessary, up to contingency amount of $96,400 (approximately 20% of the contract); and WHEREAS, a breakdown of construction costs are as follows: FUNDS REQUIRED FOR CONSTRUCTION A.Contract Amount$481,872 B.Contingency (Approximately 20% of contract)$96,400 C.Construction Inspection Staff Cost$105,000 D.Soil Testing During Construction Phase$26,200 E.Construction Survey$ 52,400 TOTAL FUNDS REQUIRED FOR CONSTRUCTION$761,872 WHEREAS, Additional funds of $65,000 are required for CIP STM381 –South Broadway Improvements to cover staff and project cost; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby accept bidsandaward a contract for the“Moss Street Sidewalk Installation North and south of Moss Streetfrom Broadway to Fourth Avenue (CIP # STL366)” project to Tri-Group Construction & Development, Inc. in the amount of $481,872. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it does hereby waive City Council Policy 574-01 and authorize the expenditure of all contingency funds an amount not to exceed $96,400and does authorize the Director of Public Works to execute all change orders. BE IT FURTHER RESOLVED by the City Councilof the City of Chula Vista,that it does hereby approve an appropriation of $65,000 from the available balance of the TransNet Fund to CIP STM381. Presented byApproved as to form by Richard A. HopkinsGlen R. Googins ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 146 Resolution No. Page 3 Director of Public WorksCity Attorney ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 147 City of Chula Vista Staff Report File#:16-0132, Item#: 5. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAWAIVINGTHE COMPETITIVEFORMALBIDREQUIREMENTTORECEIVESERVICESFROMDION INTERNATIONALTRUCKSFORREPAIRSTOINTERNATIONALBRANDTRUCKSANDFROM SOUTH COAST EMERGENCY VEHICLE SERVICES FOR REPAIRS TO FIRE-FIGHTING TRUCKS RECOMMENDED ACTION Council adopt the resolution. SUMMARY DuetoanunusuallylargenumberofexpensiverepairstoInternationalbrandtrucksandtofire- fightingtrucks,itisnecessarytoexceedthePurchasingPolicyexpenditurelimitfortwovendorsthis fiscal year. PursuanttoChulaVistaMunicipalcode2.56.070relatingtocontractsexceeding$100,000,Citystaff isrequestingtowaivethecompetitiveformalbidrequirementsandauthorizestafftoreceiveservices from Dion International Trucks and South Coast Emergency Vehicle Services. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION ChulaVistaMunicipalCodeSection2.56.070(B)(4)permitstheCityCounciltowaiveformal competitivebiddingrequirementswhenacommodityorserviceisavailablefromonlyoneknown source as the result of unique performance capabilities and manufacturing processes. CentralGarageOperationsusesblanketpurchaseorderswithoutsidevendorsinordertoobtain City of Chula VistaPage 1 of 3Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 148 File#:16-0132, Item#: 5. partsforvehiclesintheCityfleet,andinordertoeffectrepairstoCityvehiclesundercertain circumstances.Itispreferabletosendavehicle,whennecessary,toanoutsidevendorwhoisa vehiclemanufacturer’sauthorizedmaintenanceandrepairfacility.Thisensuresthatanywork performedbythevendorisperformedbytechnicianswhoareexperiencedinthemakeofvehicle beingmaintained,andthatthepartsusedintherepairsareoffirstquality.Forthisreason,blanket purchaseordersforthefiscalyearwereissuedtoDionInternationalTrucks,forrepairofInternational brandtrucks,andtoSouthCoastEmergencyVehicleServices,afactoryauthorizedrepresentativein San Diego County for Pierce fire trucks. Theneedforoutsidevendorrepairshasbeenhigherthanusualthisfiscalyearduetoastaff shortageinCentralGarageOperations.Therearealsoalargenumberofrepairtypes,suchas transmissionandengineoverhauls,thatarebeyondthescopeofCitystaffandshopequipment capabilities.Thisyeartherehavebeenalargerthannormalnumberofrepairsrequiredforboth InternationaltrucksandforPiercebrandfire-fightingapparatus,whichhasresultedinmany expenditurestoDionInternationalTrucksandtoSouthCoastEmergencyVehicleServices.The frequencyofoutsiderepairrequirementsisalsodirectlyrelatedtotheincreasingageofthefire- fightingapparatusfleet.Duetodeferredvehiclereplacements,theageofthefire-fightingfleetis becomingveryadvanced,resultinginanincreasingrateofvehiclebreakdowns.Otherthantwo recentlyacquiredengines,thenewestenginesinthefleetareelevenyearsold,andmorethanfour of the eighteen are more than 20 years old. InordertocontinuetoadequatelymaintainInternationaltrucksandPiercefire-fightingapparatus,itis anticipatedthatitwillbenecessarytoexpendmorethan$100,000witheachofthesevendorsthis fiscal year, if the incidence of repairs continues as it has. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityofChulaVistaCityCouncil member,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictofinterestinthis matter. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisactionsupports thegoalofprovidingHealthyCommunities,ashavingservicevehiclesingoodworkingcondition allows staff to maintain and operate community and neighborhood facilities. CURRENT YEAR FISCAL IMPACT ThereisnoimpacttothecurrentfiscalyearCentralGarageOperationsbudget.Thecostsforvehicle repairsforbothInternationaltrucksandPiercebrandfire-fightingapparatuswillbeoffsetwithfuel costsavingswithinthefiscalyear2015-2016budget.Staffwillcontinuetomonitorvehiclerepaircost City of Chula VistaPage 2 of 3Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 149 File#:16-0132, Item#: 5. forInternationaltrucksandforfire-fightingapparatus.AnappropriationfromtheGeneralFund reservesmaybenecessaryiffurtherunanticipatedvehiclerepairsforbothInternationaltrucksand Pierce brand fire-fighting apparatus occur. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS None. Staff Contact: Steve Dorsey, Fleet Manager, Public Works City of Chula VistaPage 3 of 3Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 150 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT TO RECEIVE SERVICES FROM DION INTERNATIONAL TRUCKS FOR REPAIRS TO INTERNATIONAL BRAND TRUCKS AND FROMSOUTH COAST EMERGENCY VEHICLE SERVICES FOR REPAIRS TO FIRE-FIGHTING TRUCKS. WHEREAS,due to an unusually large number of expensive repairs to International brand trucks and to fire-fighting trucks, it is necessary to exceed the Purchasing Policy expenditure limit for twovendors this fiscal year; and WHEREAS, pursuant to Chula Vista Municipal code 2.56.070 relating to contracts exceeding $100,000, City is staff is requesting to waive the competitive formal bid requirements and authorize staff to receive services from Dion International Trucks andSouth Coast Emergency Vehicles; and WHEREAS, in order to continue to adequately maintain International trucks and Pierce fire-fighting apparatus, it is anticipated that it will be necessary to expend more than $100,000 with each of these vendors this fiscal year, if the incidence of repairs continues as it has. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it waivesthe competitive formal bid requirement to receive services from Dion International Trucks for repairs to International brand trucks and to South Coast Emergency Vehicle Services for repairs to fire-fighting trucks. Presented byApproved as to form by Richard A. HopkinsGlen R. Googins Director of Public Works/City EngineerCity Attorney ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 151 City of Chula Vista Staff Report File#:16-0063, Item#: 6. A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTA ACKNOWLEDGINGRECEIPTOFCOUNCILPOLICYNO.220.01,THECITYOFCHULA VISTAINVESTMENTPOLICYANDGUIDELINES;AMENDINGTHEEXISTINGPOLICY; ANDDELEGATINGINVESTMENTACTIVITYAUTHORITYTOTHEDIRECTOROF FINANCE/TREASURER B.INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2015 RECOMMENDED ACTION Council adopt the resolution and accept the report. SUMMARY PerCaliforniaGovernmentCodeSection53607,onanannualbasistheCityCouncilmaydelegateto theCityTreasurertheauthoritytoconducttheinvestmentactivitiesoftheCity.AndperGovernment CodeSection53646,theCityTreasurermayannuallypresenttheCity’sInvestmentPolicytotheCity Counciltoreaffirmormakeanychangestotheexistingpolicy.TheInvestmentPolicyprovides guidelinesfortheinvestmentofidlefundsandaffordstheCityvariousinvestmentopportunities,as longastheinvestmentisdeemedprudentandisallowableunderGovernmentCodeSection53600, etseq.TheCityreceivedtheCertificateofExcellenceAwardfromtheAssociationofPublic TreasurersUnitedStatesandCanada(APT-US&C)inAugust2007foritsInvestmentPolicy,and mostrecently,thePolicywasreviewedandadoptedbyCityCouncilonMarch3,2015.Atthistime, staffisrecommendingminorchangestothepolicytoreflectonenewAuthorizedandSuitable Investment(Supranationals)aswellasaminorchangetotheReportingrequirements(Removing comparison to other local cities as timely information is not available). TransmittedherewithistheCity’sinvestmentreportforthequarterendedDecember31,2015.To meetthereportingrequirementssetforthintheCaliforniaGovernmentCodeSections53600etseq. andtheCityofChulaVistaInvestmentPolicyandGuidelines,aseparatereportwasdistributedtothe City Council in January. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”in accordancewithSection15378(b)(5)oftheStateCEQAGuidelinesbecauseitinvolvesonly amendmentofaCouncilPolicyandGuidelinesregardingtheCity’sInvestmentPolicy,delegationof investmentactivityauthoritytotheDirectorofFinance/TreasurerandacceptanceoftheQuarterly InvestmentReport;thereforeitisanorganizationaloradministrativeactivityofgovernmentthatwill notresultinadirectorindirectphysicalchangeintheenvironmental;therefore,pursuanttoSection 15060(c)(3)oftheStateCEQAGuidelinestheactivityisnotsubjecttoCEQA.Thus,no environmental review is necessary. City of Chula VistaPage 1 of 3Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 152 File#:16-0063, Item#: 6. Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Investment Policy TheCity'sInvestmentPolicyandGuidelineswaslastamendedonMarch3,2015byResolution2015 -0041andwasintendedtoprovidedirectionfortheprudentinvestmentoftemporarilyidlecash,and formaximizingtheefficiencyofthecashmanagementprocess.Thestatedgoalistoenhancethe economicconditionoftheCitywhileensuringthesafetyoffundsinvested.Thepolicyincludesalist ofspecificinvestmentinstrumentsavailableundertherelevantCaliforniaGovernmentCodesections, 53600etseq.and53635.Eachinvestmenttransactionismadeinthecontextoffirstensuringthe "safety"ofprincipal,second,investingonlyforthattimeframethatthecashisnotneededfor operationalpurposes("liquidity"),andlastseekingthehighestreturnpossible("yield")providedthat the first two factors are met. Persection18.0oftheInvestmentPolicy,eachfiscalyeartheFinanceDirector/Treasurershall provideacopyofthePolicyforadoptionbytheCityCouncil.Atthistime,staffisrecommendinga minor administrative change to reflect a change in staff assignments. Quarterly Investment Report ThetotalcashandinvestmentportfolioheldbytheCityasofDecember31,2015was$215,612,589 and total cash and investments held by the trustees was $41,709,016. ThecashandinvestmentsheldbytheCityarecomposedofthefollowingcomponents:Cash/Time Deposits($25,245,757),ManagedInvestmentPortfolio($154,413,881),StateofCALocalAgency InvestmentFund($1,636,167),andCountyofSanDiegoPooledInvestmentFund($34,590,079). CashandinvestmentsheldbytheCityandthetrusteescontinuetobeinvestedinaccordancewith theGovernmentCodeandtheCouncilInvestmentPolicyasadoptedbyResolution2015-041on March 3, 2015. Duringthequarter,eightinvestmentstotaling$21,375,000wereredeemedbytheissuerspriorto theirmaturitydates.Fourteenpurchasesweremadetoreplacethoseinvestments.Purchased investmentsincludesevencorporatenotesissuedbyNissan($860,000),BNYMellon($1.5million), AmericanHonda($1.0million)BankofAmerica($800,000),BankofAmericaCredit($1.0million) Citigroup($975,000),GoldmanSachsGroup($975,00),BankofTokyoCommercialPaper($1.375 million),SkandinaviskaEnskildaCertificateofDeposit($3.0million)FederalAgencyNotes($1.375 million)andUSTreasuryNotes($8.445million).PublicFinancialManagement(PFM),theCity's investmentadvisor,continuestomonitortheportfolioandwillmakerecommendationsasfinancial City of Chula VistaPage 2 of 3Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 153 File#:16-0063, Item#: 6. andeconomicconditionswarrant.Thereisnofurtheractivitytoreportonotherthanroutine investments by the City's fiscal agents. InDecember2015theFederalOpenMarketCommittee(FOMC)increasedthekeyFedFundsrate fromatargetrangeof0.00%to0.25%toatargetrangeof0.25%to0.50%asaresultofanoverall improvingeconomy.Two-yearTreasuriesyielding0.63%atthebeginningofthequarterended higher at the end of the quarter at 1.05%. AsofDecember31,2015,theYieldtoMaturityatCostontheManagedInvestmentPortfoliowas 1.23%, which is an increase of 0.08% from the previous quarter. Attheendofthisquarter,theweightedaveragematurityoftheManagedInvestmentPortfoliowas 2.61yearswhichisasmallincreasefrom2.56ofthepreviousquarterandiswithintheCouncil Policy. DECISION-MAKER CONFLICT Staffhasdeterminedthattheactioncontemplatedbythisitemisministerialinnatureanddoesnot requiretheCityCouncilmemberstomakeorparticipateinmakingagovernmentaldecision, pursuanttoCaliforniaCodeofRegulationssection18702.4(a).Consequently,thisitemdoesnot presentaconflictunderthePoliticalReformAct(Cal.Gov'tCode§87100,etseq.).Staffisnot independentlyaware,norhasstaffbeeninformedbyanyCityCouncilmember,ofanyotherfactthat 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.Theinvestment portfoliosupportstheOperationalExcellencegoalasitseekstomaintainthesafetyandliquidityof the City’s cash while contributing investment earnings to the bottom line. CURRENT YEAR FISCAL IMPACT ConsideringtheprojectedtimingofcashreceiptsanddisbursementsandthestructureofthePooled InvestmentPortfolio,theCityshouldbeabletocomfortablymeetoverallcashflowneedsoverthe next six months. There is no direct fiscal impact by this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by this action. ATTACHMENTS 1.Summary of Cash and Investments as of December 31, 2015 2.PFM Investment Report for the Quarter Ended December 31, 2015 3.Council Policy 220-01 Investment Policy and Guidelines Staff Contact: David Bilby, Director of Finance/Treasurer, Finance Department City of Chula VistaPage 3 of 3Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 154 RESOLUTION NO. 2016-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY 220-01, THE CITYOF CHULA VISTAINVESTMENT POLICY AND GUIDELINES; AMENDING THE EXISTING POLICY; AND DELEGATING INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF FINANCE/TREASURER WHEREAS,the City of Chula Vista’s “Investment Policy and Guidelines,” adopted on March3,2015by Resolution No. 2015-041(the Policy), is intended to provide direction for the prudent investment of temporarily idle cash and to maximize the efficiency of the cash management process; and WHEREAS, the stated goal of the Policy is to enhance the economic condition of the City while ensuring the safety of funds invested; and WHEREAS, the Policy includes a list of specific investment instruments available pursuant to California Government Code sections 53600, et. seq.and 53635; and WHEREAS,each investment transaction is made in the context of first ensuring the "safety" of principal, second, investing only for that timeframe that the cash is not needed for operational purposes ("liquidity"), and last seeking the highest return possible ("yield") provided that the first two factors are met; and WHEREAS, in accordance with Section 18.0 of the Policy, staff has provided the City Council with a copy of the City’s Investment Policy; and WHEREAS,staff recommends that the Policy beamended to specifythe investment in Supranationalsasan authorized investment; and WHEREAS, staff recommends that Section 17.0(Reporting) of thePolicy be amended to reflect the addition of one new reporting requirement and the removal of one reporting requirement; and WHEREAS, City staff recommends that the Policy be amended to reflect these changes; and WHEREAS, pursuant to California Government Code section 53607, the City Council may delegate the authority to conduct investment activities of the City to the Finance Director/Treasurer on an annual basis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 155 Resolution No. __________ Page 2 that the Director of Finance/Treasurer is delegated the authority to conduct and supervise the investment activities of the City. Presented byApproved as to form by _____________________________________________ David BilbyGlen R. Googins Director of Finance/TreasurerCity Attorney ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 156 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 157 City of Chula VistaQuarter Ended December 31, 2015 Summary of Portfolio Characteristics and Key Statistics SecurityMarket Sector % ofPolicy 12 Distribution PortfolioLimits TypeValue Money San Diego U.S. Treasuries$63,604,86533%100% Asset- Market County Backed Federal Agencies$47,859,10825%100% FundPool Securities <1%18% 1% Federal Agency CMOs$1,372,9041%100% LAIF 1% Municipal Obligations$00%100% Corporate Notes Commercial Paper$00%25% 17% Negotiable CDs$5,376,6903%30% Negotiable Corporate Notes$33,001,90217%30% CDs U.S. 3% Asset-Backed Securities$1,847,2741%20% Treasuries Federal 33% Money Market Fund$591,515<1%20% Agency CMOs San Diego County Pool$34,590,07918%100% 1% Federal LAIF$1,636,1671%$50 Million Agencies 25% Totals$189,880,504100% Credit Quality (S&P Ratings)Maturity Distribution Not Rated AAA 50% (LAIF) Not Rated 3 1% 1% <1% 40% AAAf/S1 (San Diego County) 30% 25% 18% 22% 21% 19% Money 20% Market AA Fund 66% 9% <1% 10% 3% A-1+/A-1 (Short- 0% term) Under 66 - 121 - 22 - 33 - 44 - 5 3% A BBB 3 MonthsMonthsYearsYearsYearsYears 10% 1% 5 4 Key Statistics Total Return Par ValueUnannualized $190,313,761 Amortized CostChula Vista Past Quarter $190,523,100-0.36% Weighted Average Maturity (years) 2.61BAML 1-5 Yr TSY Index-0.66% Effective Duration (years)Annualized 2.49 Yield to Maturity at CostChula Vista Past Quarter 1.23%-1.43% Yield to Maturity at Market 1.39%BAML 1-5 Yr TSY Index-2.61% 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. Nissan ABS is not rated by S&P, but is rated Aaa by Moody's. Goldman Sachs and Citigroup are rated BBB+ by S&P, but Goldman Sachs is rated A3 by Moody's and Citigroup is rated A by Fitch. 4. Yields, weighted average maturity, and effective duration exclude balances not managed by PFM Asset Management LLC. 5. 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. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 158 159 0 ¦¤ Mortgage-backed securities (MBS) were among the strongest-performing durations — and accompanying sensitivity to changes in rates — caused Non-callable federal agency securities performed in line with comparable helped to slow prepayments; this was particularly true for higher coupon U.S. Treasury benchmark returns were negative for all but the shortest maturity Treasuries; callable securities modestly outperformed as their issues. MBS joined municipals as the lone sectors to produce positive incremental yield helped as rates rose. their performance to trail the greatest. Sector Performance Interest Rates category. ••• monetary policies. The European Central Bank (ECB) extended its monetary continued to slow — stoking market concern over the world’s second-largest economy — though it is expected to meet its major economic targets for the into negative territory (-0.3%). The Bank of Japan (BOJ) and People’s Bank The Federal Open Market Committee (FOMC) increased the target federal funds rate by 25 basis points (bps) (0.25%) at its December meeting — its The year ended with strong job growth momentum as the economy added new jobs in total — enough to shrink the unemployment rate to 5%. Wage global growth and the sustainability of producers within the energy sector. U.S. gross domestic product (GDP) expanded at a 2% rate in the third level versus the U.S. dollar in nearly six years. The Chinese economy of China (PBOC) also remain accommodative. Fourth Quarter 2015 normalize rates at a gradual pace. © 2016 PFM Asset Management LLC Economic Snapshot Packet !¦¤£ accumulation. exports. Summary ΑΏΐΕȃΏΒȃΐΔ year. ••• 160 0 ¦¤ Economic Snapshot Source: Bloomberg © 2016 PFM Asset Management LLC Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 161 0 ¦¤ 30-yr 30-yr 25-yr U.S. Treasury Yield CurveYield Curves as of 9/30/15 Maturity Maturity Federal Agency U.S. Treasury 5-yr 5-yr 3-yr 3-yr 2-yr 2-yr 3-mo 3-mo Interest Rate Overview 5%3%2%0% 3%2%0% Yield Yield U.S. Treasury Note Yields U.S. Treasury Yields 5-Year 2-Year © 2016 PFM Asset Management LLC Packet Source: Bloomberg !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 3.0%2.5%2.0%0.5%0.0% Yield 162 0 ¦¤ BofA Merrill Lynch Index Returns Source: BofA Merrill Lynch Indices © 2016 PFM Asset Management LLC Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 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. 163 0 ¦¤ report is not an offer to purchase or sell any securities. PFMAM is registered with the Securities and Exchange Commission under the Investment © 2016 PFM Asset Management LLC. Further distribution is not permitted without prior written consent. © 2016 PFM Asset Management LLC Packet !¦¤£ Disclosures ΑΏΐΕȃΏΒȃΐΔ ! "#$%&#'(%) *+"H 2 SOPN8ONR8LT8 NOPP8OP7RL6N NOPR6O777L88 VOTSNOTSVL88 SOP7TO8TVLT7 VO7VTOUN8L88 PPROR76L88 VOT8UOPUSL88 NO8N6OR86LPR NOPVTOP86LN8 6O7PTOS6NLT8 VO7USO7SULT8 NOPSNO67PL88 6O6V8OSTPLR8 I+61 164 0 ¦¤ J";-;,+6V5*/ "1 ./ 0"2;W . !"# $ %!" &%'(%) SOPN6OUTSLNS NOPPSOVVRLN8 NOPVTORT7L8R VOTU6O6NVLVT SOPRROVU6LNV VOT6UORPRL76 PPTONPTLVT VOTSVO7VVL6U NO87SON8SL87 SO88VOP6RLTS 6O7P7ON7SL6V VOT88OR78L8T NOP7VO66ULNT 6O6PRO7V8L66 7082 7082+2#7082P,2 " 82 TOPRULN6 UOTV7LV7 SO6PSLRV 7VOP8PLRT 66OR68L68 PONVPLRN TONS8LPV 66O67ULT7 TON7UL6S UOUT8L88 SOVSNL7N N6OU6UL8S NORNNLPT TO8RVLRV 8L788LR88LVS6L8T6L8P6L6V6L766LSR6LNP6LSU6LR86LT86L7R6LSN SOPPSOTSPL8R SO88POVSRL6S NOPV7OTS6LNT VOTV7OSSTLP7 SOPUUO88VL86 VOTN8OTVTLP7 PP7O8NSL77 VOT7SOVNVL6S NO8SPOS7VLVS SO886OVRUL6P 6O7PSO7PRL8P VOT88ORR7L8R NOP78O7RVLUT 6O6PRONPRLVV *+,+- .#/ 01,2# 2+;6#0M#3 1";2; 8#S 6. 5"+. 3 226 8VBN8B678VBNUB6768BNRB6T8UB8RB6T8VB8TB6T8UB8RB6T8NBNSB6T8UB8RB6T87BNUB6T8TB87B6T8RBNPB6T8UB8RB6T8TBNVB6T68B6SB6T =+2;,-=+2;,- +2 +2 8VB6PB678VBNRB6768BNSB6T8UB8NB6T8VB87B6T8UB8NB6T8NB6PB6T8UB8NB6T87BNSB6T8TB86B6T8RBNRB6T8UB8NB6T8TBNRB6T68B8VB6T 3RL*00.4U8 2??2??2??2??2??2??2??2??2??2??2??2??2??2?? 22\\22\\22\\22\\22\\22\\22\\22\\22\\22\\22\\22\\22\\22\\ SOP88O888L88 NOPVTO888L88 SO888O888L88 VOT88O888L88 SOVPTO888L88 VOT88O888L88 6O888O888L88 VOT88O888L88 NO8RTO888L88 SO8T8O888L88 6OT88O888L88 VOT88O888L88 SO888O888L88 6ON88O888L88 L+" P6NVNV\[18 P6NVNV0b6 P6NVNV3b8 P6NVNVb9V P6NVNV4ESP6NVNV0G7 P6NVNV0a6P6NVNV,>6P6NVNV,>6 P6NVNV>9U P6NVNV2S7 P6NVNV RNP6NVNV RN P6NVNV>_6 +2 .# +2 T701K0,T*+21";247O3PL E,E 8TBS6BN866 6LUT8Z 8TBS6BN86RE,E 8PBS8BN866 6L888Z 8PBS8BN86RE,E 87BS8BN86S 8LRNTZ 87BS8BN86VE,E 8UBS6BN86S 6LSUTZ 8UBS6BN86VE,E 68BS6BN866 6LUT8Z 68BS6BN86VE,E 6NB8NBN86S 6LNT8Z 66BS8BN86VE,E 86BS6BN86N 6LNT8Z 86BS6BN86PE,E 8RB8NBN867 6LT88Z 8TBS6BN86PE,E 68B86BN86N 6L888Z 8PBS8BN86PE,E 68B86BN86N 6L888Z 8PBS8BN86PE,E 68BS6BN867 6LT88Z 68BS6BN86PE,E 68BS6BN867 6LT88Z 68BS6BN86PE,E 66BS8BN86N 6L888Z 66BS8BN86PE,E 8NBNVBN86S 6LNT8Z 8NBNPBN8N8 OF3F#5" +81"4#:0,.#T#X02 *+,- . */012 3+4,2 3 1";24#54K T 8 ";K2;0, Packet !¦¤£ 04 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&4 ΑΏΐΕȃΏΒȃΐΔ ! "#$%&#'(%) #D$&D(B&CD)F(%##%&$E'&G($FDC# *+"H 2 6O6V8OSTPLR8 NOPPTO6RNL7P 6OSUNOP8SLRV NOPPUO86NL88 SOPVSORNVL88 SO888O8SRL88 7O88UOS6RL88 NOPVUO7SRL88 SOPVNOUR7L88 I+61 165 0 ¦¤ #D$&CC'&ED%FGC##%&$CC&(C$F%G# J";-;,+6V5*/ "1 ./ 0"2;W . !"# $ %!" &%'(%) 6O6PROSN7L66 SO887O8RSLRR 6OSVVO8VSL6P SO888O888L88 7O888O888L88 SO888O888L88 7O888O888L88 SO888O888L88 7O888O888L88 7082 #%DE&%('F'G# #%&CCDF(B# 7082+2#7082P,2 " 82 TO8RVLRV 6NOVR6LUV 6OVVRL87 6ORNNLT8 NOTVSLSS US8L88 SRRLRU ROP6RLRU VO688L88 #%F%G##%F(C# 6LSS6LTP6L8V8LTP8LUT8LUS6L688LVS8LP8 #D$&GEC&ED(F$D# #%&$CC&EDGF%%# 6O6PRO6TRLNT SO88NOUU7L76 6OSVVOURPL66 SO888O888L88 7O888O888L88 SO888O888L88 7O888O888L88 SO888O888L88 7O888O888L88 *+,+- .#/ 01,2# 2+;6#0M#3 1";2; 8#S 6. 5"+. 3 226 68BNSB6T66B6SB6T68BS8B6T66BNVB6N8TBS8B6S6NB6PB6N86BNVB678PBN6B6N68B68B6N =+2;,-=+2;,- +2 +2 68BNSB6T66B6SB6T68B8UB6T66BNVB6N8TBS8B6S6NB6PB6N86BNVB678PBN6B6N68B68B6N 3RL*00.4U8 2??2??2??2??2??2??2??2??2?? 22\\22\\22\\22\\22\\22\\22\\22\\22\\ #D$&CB(&(((F((# #%&$E)&(((F((# 6ON88O888L88 SO87TO888L88 6OSUTO888L88 SO888O888L88 7O888O888L88 SO888O888L88 7O888O888L88 SO888O888L88 7O888O888L88 L+" Y . "+6#/- , 4#7066+2 "+6;W .#*0"2-+- #J!6;-+2;0, S6SR2bEb8 P6NVNV0b6P6NVNV0b6S6SS&*b,7 S6SS&E&G7 S6SS&2-NV S6SS&*21V S6SSV6*UV S6SS&2S_T 7O3PL &E&>21 2>$ *>&E+, G2=^4M*2112G1&Q &E&>21 2>$ *>&E+, G2=^4M*2112G1&Q &E&>21 2>$ *>&E+, G2=^4M*2112G1&Q &E&>21 /.$& 1.2= G2=^4 M*2112G1&Q +2 .# +2 T701K0,T*+21";24 E,E 8NBNVBN86S 6LNT8Z 8NBNPBN8N8E,E 8NBNVBN86S 6LNT8Z 8NBNPBN8N8 2==+& $2& 4&>+&4 N86T5$6S 24bNE,E 68B86BN86T 6LR7RZ 8PB86BN86PE,E 66BNVBN86N 8LTP8Z 66BNVBN86RE,E 8TBS8BN86S 8LUT8Z 8TBS8BN86UE,E 6NB6PBN86N 8LUS8Z 8RB6PBN86UE,E 86BNVBN867 6L688Z 8RBNVBN86UE,E 8PBN6BN86N 8LVS8Z 8PBN6BN86UE,E 68B68BN86N 8LP88Z 68B68BN86U Y . "+6#/- , 4#:0,.#T#X02 OF3F#5" +81"4#:0,.#T#X02 *+,- . */012 3+4,2 3 1";24#54K T 8 ";K2;0, &E&>21 2>$ *>&E+, G2=^4 Packet 3 1";24#54K #31!@502+63 1";24#54K #31!@502+6 !¦¤£ 04 ,>&240>- =.,&404 ,>&240>- =.,&4 ΑΏΐΕȃΏΒȃΐΔ *G =.,&4 G.=E4 G.=EG.=EG.=E ! "#$%&#'(%) #BE&C)G&%(CF((# *+"H 2 SO888O8T7L88 NOPV7O8RUL88 NOPUPOS88L88 NOPU7OS67L88 SO886OS77L88 NOPVTORRPL88 NOPPNO6VTL88 NOPV8OTPSL88 SO88SOSP8L88 6OPPRO8UNL88 6O7PPOVV6LT8 I+61 166 0 ¦¤ #BC&(((&(((F((# J";-;,+6V5*/ "1 ./ 0"2;W . !"# $ %!" &%'(%) SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 NO886OUPTLN8 6OT88OVTULT6 7082 #EB&%($FED# 7082+2#7082P,2 " 82 TONPNLT8 TO688L88 ST7L6U S88L88 6NOPUPL6U 6NOPR8LVS 66OUVULT8 NORRRLRU NOS7SLUT VOS88L88 NOSPTLVS #(FG%# 8LVU8LP88LVT8LP88LVV6L8S6L6T6L886L6S8LV66LN6 #BC&(((&(((F((# SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 NO88NORN8L88 6OT86ORV8L88 *+,+- .#/ 01,2# 2+;6#0M#3 1";2; 8#S 6. 5"+. 3 226 68B6VB6N68BNSB6N6NBNRB6N6NBNUB6N86B8SB6S86BS8B6S8NBNVB6S8TBNPB6S8RB8RB6S8UB8VB6T8PBNRB67 =+2;,-=+2;,- +2 +2 68B6RB6N68BNSB6N6NBNRB6N6NBNUB6N86B8SB6S86BS8B6S8NBNVB6S8TBNPB6S8RB8RB6S8UB8NB6T8PBNTB67 3RL*00.4U8 2??2??2??2??2??2??2??2??2?? 2626 22\\22\\22\\22\\22\\22\\22\\22\\22\\22\\ 22 #BC&(((&(((F((# SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 SO888O888L88 NO888O888L88 6OT88O888L88 L+" S6S7A7T\[7 S6STA80=6 U6U8V6EEN S6STA8,3T S6S7ASN36S6STA8\]4U S6SRA67\]7 S6SS&2T2N S6S7ASN1S S6SSV8a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acket 9 +a&> +=* A1.G21 =.,&4 3 1";24#54K #31!@502+6 !¦¤£ =$2 M*2112G1&Q =.,&4 70"K0"+2 #X02 ΑΏΐΕȃΏΒȃΐΔ M*2112G1&Q G.=E4 G.=E ! "#$%&#'(%) *+"H 2 6O7PUO7UVLT8 NO888OTV8L88 7N6O7TTL8V 6OSS7OUUSL86 UP7OVTRLV8 6O7PNOSSVL88 PP7O8TULST PVSO7RULVV SO86VO7NSL88 6O887OR7VL88 6OT8UO8RSLT8 6OT6NOVU7LT8 6OT6UOTSPLT8 6O888O6UTL88 I+61 167 0 ¦¤ J";-;,+6V5*/ "1 ./ 0"2;W . !"# $ %!" &%'(%) 6O7PVO7RULSV NO88SO6TULRN 7NSOPT6L6P 6OS7RONVULUP V86O8VNLUR 6OT6VORN7LPT 6O88NO7RPLNS PP8ONVSLPP SO86POSVVLP7 6O88ROR77LS8 6OTNSOSTSLNP 6OT8TO77VLT8 6OT68O8NVLS6 6O88SOTRSLPV 7082 7082+2#7082P,2 " 82 NO68PLSV POTVSLSS U8TLPU NONSTLVR 6O866L66 T86L8V 6NOUNSLUT RO7SNLNP UO7UTL88 PORVSLSS 66ONPSLUT 68ORNTL88 7OV6NLT8 VOT88L88 6LN86L6T6L766LNP6LRP6LN66LUU6LP66LUN6LVU6L77NL866LVPNL6T 6O7PUO8UTL88 NO887O8V8L88 7NSOURSLNT 6OS7ROSSRLT8 V86O6R8L88 6OTNSOR68L88 6O887ONPVLUT PP6ONSSLUT SO8N6OV78L88 6O88UON78L88 6OTNVONP8L88 6OT8RONU8L88 6OT66O7UTL88 6O88SOVN8L88 *+,+- .#/ 01,2# 2+;6#0M#3 1";2; 8#S 6. 5"+. 3 226 8PBNRB678UB8VB6T8UBNUB6T8UB6TB6T68BNSB6T87BNUB6T68BNVB6T68BNVB6T8VB6PB6T8PBN6B6T87BNUB6T8RBNPB6T8RBNPB6T8PBN6B6T =+2;,-=+2;,- +2 +2 8PBNTB678UB8NB6T8UBNSB6T8UB68B6T68BN8B6T87BNSB6T68BNVB6T68BNVB6T8VB6UB6T8PB6VB6T87BNSB6T8RBNRB6T8RBNRB6T8PB6VB6T 3RL*00.4U8 G??6 2?S2?N2?N2?62?S2?6 26262S2626262N GGG\\GGG\\ 225225225 22\\ 25 222222 2\\ 222 6OT88O888L88 NO888O888L88 7NTO888L88 6OS7RO888L88 V88O888L88 6OT88O888L88 PUTO888L88 PUTO888L88 SO888O888L88 6O888O888L88 6OT88O888L88 6OT88O888L88 6OT88O888L88 6O888O888L88 L+" 8V7RR7G\[88V7RR7G\[8 8NTV$8E96 SV67U$22S 8R8T8,$*S P66TP//&S VPNSR,G/U6UNUT>2>S8SUVSS2bS 6UNPRU/*V8R78R/*9N7TPN88/,6 U6S77V*GN 6RRUR72&8 +2 .# +2 T701K0,T*+21";247O3PL 2$&>*+2= &\]9>&44 *>&E+, *.>9 =.,&4 G2=^ . =- $&11= *.>9 M*2112G1&Q ,.-.,2 $.,.> *>&E+, *.>9 =.,& A.1E$2= 42*/4 A>.09 +=* =.,&4 E,E 8TB6RBN867 6L6NTZ 8TB6RBN86UE,E 8VB6SBN86N 6LNT8Z 8VB6SBN86UE,E 8TB6TBN86S 6LS88Z 8TB6TBN86VE,E 8TB6TBN86S 6LS88Z 8TB6TBN86VE,E 8RB8TBN86T 6LUT8Z 8RB8TBN86VE,E 8RBN7BN86S 6LU6VZ 8RBN7BN86VE,E 8UB6PBN86S NLP88Z 8UB6PBN86VE,E 8PBNRBN86S NLT88Z 8PBNRBN86VE,E 66B8UBN86S 6LPT8Z 66B6TBN86VE,E 66B6VBN86S NL688Z 86B6TBN86PE,E 8NB6NBN867 6LPT8Z 8NB6NBN86PE,E 8SB8SBN867 NL6NTZ 8SB86BN86PE,E 8TB8RBN867 NL688Z 8TB8RBN86PE,E 8VB6TBN867 NLNT8Z 8VB6TBN86P *+4*. 4-4,&$4 +=* A1.G21 =.,&4 *+,- . */012 3+4,2 04 G2=*.>9 =.,&4 M*2112G1&Q 9&94+*.O +=* *.>9.>2,& =.,& G2=^ . 2$&>+*2 G2=^ =.,&4 3 1";24#54K T 8 ";K2;0,*/&3>.= *.>9 A1.G21 =.,&4 G&>^4/+>& /2,/2\[2- =.,&4G&>^4/+>& /2,/2\[2- =.,&4 Packet *+,+A>.09 +=* *.>9 =.,&4 2991& +=* A1.G21 =.,&4 !¦¤£ 70"K0"+2 #X02 ΑΏΐΕȃΏΒȃΐΔ +G$ *.>9 =.,& =.,&4 ! "#$%&#'(%) #$$&((%&G(%FD'##)&$ED&DG(F((# *+"H 2 PVSOUV6L88 6O7UTORU6LT8 PP6ONSPL88 6O7VROVTVLT8 6O7PNORU7L88 6O7VVOTN8LT8 6OT8TOPNRLT8 6O886OT7UL88 NOSVVO7V8L88 NOPVVON68L88 VT7O8TNLT8 I+61 168 0 ¦¤ #$$&%E$&$(DF))##)&B((&(((F((# J";-;,+6V5*/ "1 ./ 0"2;W . !"# $ %!" &%'(%) PPSORT7L68 6OT87O6R7LPS PPVO6S8L7V 6OT88O87TL88 6OT8TO6R6L7R 6O7VROTPULU6 6OTN7OU6SL8S 6O88TO7S7LP8 NO788O888L88 SO888O888L88 VTPOVPRLRS 7082 #%EG&CEEFB'##%(&)B$F$$# 7082+2#7082P,2 " 82 POVUTL88 67OV6NLT8 PO86VL8R 6SOTNUL8V PORUTL88 SO7RSLT7 67OT6RLRU ROR86LSP 7OPPSLSS TOTT8L88 TNSLR7 #%FEB##%F$(# NL76NL6VNLN8NL6TNL8RNLTPNLNNNLSS6L8U6L7V6LSV #$$&%G$&D%EF')# #)&B((&(((F((# PPSONS8L88 6OT87OV6TL88 PPVO888L88 6OT88O87TL88 6OT8RO87TL88 6O7VTO6STL88 6OTNTOVUTL88 6O88TORV8L88 NO788O888L88 SO888O888L88 VTPOVP8LTN *+,+- .#/ 01,2# 2+;6#0M#3 1";2; 8#S 6. 5"+. 3 226 8PBN6B6T87BNUB6T8PBN6B6T8SBNUB6T8SBNUB6T8RBNPB6T68B8PB6T68B8PB6T87BNUB6T66B6UB6T68B67B6T =+2;,-=+2;,- +2 +2 8PB6VB6T87BNSB6T8PB6VB6T8SBNRB6T8SBNRB6T8RBNRB6T68B8VB6T68B8VB6T87BNNB6T66B6RB6T68B8RB6T 3RL*00.4U8 2?? 956956 2S2S2N2N262N2626 256256 252525 => 2\\2\\ 222 #$$&('%&(((F((# #)&B((&(((F((# 6O888O888L88 6OT88O888L88 6O888O888L88 6OT88O888L88 6OT88O888L88 6OT88O888L88 6OT88O888L88 6O888O888L88 NO788O888L88 SO888O888L88 VR8O888L88 L+" /88 2@:+ H .#3 1";24#T#7066+2 "+6;W .#*0"2-+- #J!6;-+2;0, 8NRRT\[20T 8NRRT\[2a7 8NTV$8E,S8R78R/EEV 7RRNT/^2U7RRNT/^2URT7UV22ET N6RV7G\]/N P7PU7GA 6P7PU7GA 6VS8T8 GAT +2 .# +2 T701K0,T*+21";247O3PL 4^2=E+=23+4^2 &=4^+1E2 G2=^&= =- *E 2$&>+*2= /.=E2 +=2=*& *.>9 =.,&4 >2G.G2=^ =&E&>12=E =3 *&>, E&9.4 G=- $&11.= *.>9 =.,& M*2112G1&Q E,E 86BNSBN86T NLNT8Z 86BNSBN8N8E,E 86BNSBN86T NLNT8Z 86BNSBN8N8E,E 8NB8NBN86T NL6T8Z 86BS8BN8N8E,E 8NB8NBN86T NL6T8Z 86BS8BN8N8E,E 8SB6SBN86T NL6T8Z 8SB6SBN8N8E,E 8TBNRBN86T NLSUTZ 8TBNRBN8N8E,E 8VB6UBN86T NLR88Z 8VB6UBN8N8E,E 8PBN7BN86T NL7T8Z 8PBN7BN8N8E,E 87BNUBN86T 6L8U8Z 87BN6BN86UE,E 66B6UBN86T 6L7V8Z 66B6RBN86UE,E 68B67BN86T 6LSU8Z 8TB6TBN8N8 _9$.>A2= */24& ` *. M*2112G1&Q_9$.>A2= */24& ` *. M*2112G1&Q 2$&>+*2= &\]9 *>&E+, *.>9 =, *+,- . */012 3+4,2 3 1";24#54K T 8 ";K2;0, 2$&>+*2= /.=E2 +=2=*& *G Packet 7 "2;M; +2 #0M# K08;2 3 1";24#54K #31!@502+63 1";24#54K #31!@502+6 !¦¤£ =+442= 2G4 N86T5* 2S 70"K0"+2 #X02 \[&114 2>A. ` *.\[&114 2>A. ` *. ΑΏΐΕȃΏΒȃΐΔ M*2112G1&Q ! "#$%&#'(%) #%&CBE&'EBF'(##%)$&C''&$D)F$D##%F'$##B$B&DB(FG'##%)$&E()&$$GF(B##%)$&(D'&EB'F)%#AB$B&DB(FG'#A%)$&E()&$$GF(B#A%)$&(D'&EB'F)%#AB$B&DB(FG'#A%)$&BGE&$C$FB$# *+"H 2 PPSONN6LU8 I+61 169 0 ¦¤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acket 3 1";24#54K #31!@502+6 !¦¤£ 3 1";2; 8#31!@502+6 502+6#P,Z 82 ,28 / "1 .#P,2 " 82 ΑΏΐΕȃΏΒȃΐΔ !"#$%&'$()&* +" 9 / 2,6" 170 0 ¦¤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bEb8 8TMOU*\]\[T8STTM\[2a7 8T78T/EEU OU67P$22O 8T8M8,$*O V6SUSU0b6V6SUSU0b6 TM7PU22EM8MMSS>*08 6PSVTP/*U V6SUSU0a6 O6OOU6O>7 7O2PK G=- $&11.= *.>9 =.,& L*2112G1&R G2=^ . ,.^-. $+,40G+4/+ *.$$ A.1E$2= 42*/4 A>.09 +=* =.,&4 E,E 68B67BS86M 6QOP8Z 8MB6MBS8S8 2==+& $2& 4&>+&4 S86M5$6O 24bSE,E 68B86BS86M 6QT7TZ 8VB86BS86VE,E 8UB6PBS86M SQT88Z 8UB6PBS8S8E,E 8VBS7BS86M SQ7M8Z 8VBS7BS8S8E,E 8SBSUBS86O 6QSM8Z 8SBSVBS8S8E,E 8TB8MBS86M 6QPM8Z 8TB8MBS86UE,E 8SBSUBS86O 6QSM8Z 8SBSVBS8S8E,E 87BO8BS86O 8QTSMZ 87BO8BS86UE,E 87BSVBS86M 6QOT8Z 8VB6MBS8S8E,E 8VBSTBS86O SQM88Z 8VBSTBS86UE,E 8PB6VBS86O SQV88Z 8PB6VBS86U /1G =.,&4 G.=E4 L*211&EN .$E E,E 66B8VBS86S 6Q888Z 68B8VBS86M G2=^ . 2$&> *>&E+, *2>E ,> G2=^ . 2$&>+*2 G2=^ =.,&4 2$&>+*2= /.=E2 +=2=*& *G 55 8Q888Z 68BO8BS86M *+,+A>.09 +=* *.>9 =.,&4 2" 1#; 4$M"8 #;I ; - =+442= 2G4 S86M5* 2O 04 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&4 *+,- . */012 3+4,2 66B8VB6PR S86M52S 929&> 5#,-8, ; -$54I"$21!@5 ,6 Packet !¦¤£ 68B67B6M68B6OB6M68BO8B6M68B8VB6M68B8VB6M68B6OB6M68BSOB6M68BSOB6M68BSTB6M68BSUB6M68BSUB6M68BSUB6M68B8VB6M 5#,-8, ; -$54I" 2" 6" ΑΏΐΕȃΏΒȃΐΔ PX5<=<25 68B8TB6M68B8PB6M68B8PB6M68B8UB6M68B8UB6M68B8UB6M68BS8B6M68BSOB6M68BSOB6M68BSTB6M68BSUB6M68BSUB6M68B8VB6M 5#,/":OV !"#$%&'$()&* +" 9 / 2,6" 171 0 ¦¤ =",6;W"/$\\T\]=",6;W"/$\\T\] 03 # $7 8 !"# $ %!" &%'(%) 7 8 $(%C'%E%F*%$ 6UN888Q88 PNM88Q88 6MN888Q88 6ON8M8Q88 6SN76SQ88 6ONM88Q88 TNS6MQSU 66NSM8Q88 VNM88Q88 TONPM8Q88 VNOPMQ88 O7N8U6QSM 66NSM8Q88 5 ,6 +,-,."/$0 1- $2" 1#; 4$5#,-8, ; -8$R$P- "#"8 $(%C'%E%F*%$ 6UN888Q88 PNM88Q88 6MN888Q88 6ON8M8Q88 6SN76SQ88 6ONM88Q88 TNS6MQSU 66NSM8Q88 VNM88Q88 TONPM8Q88 VNOPMQ88 O7N8U6QSM 66NSM8Q88 P- "#"8 0 #1"/ $)F))$ 8Q88 8Q88 8Q88 8Q88 8Q88 8Q88 8Q88 8Q88 8Q88 8Q88 8Q88 8Q88 8Q88 K#;- ;I,6 K# ""/8 $BD'(J*')))F))$ 7N888N888Q88 ON888N888Q88 ON888N888Q88 ON888N888Q88 SN788N888Q88 ON888N888Q88 SN888N888Q88 ON888N888Q88 ON888N888Q88 UNM88N888Q88 ON888N888Q88 ONUVMN888Q88 6NM88N888Q88 K,# O6OO&EE^M S6TU7G\]/S O6O7AOOG7 O6OTA8\]UV O6OO&2M2SV6SUSU0a6 V6SUSU>9P O6OOU8aO7O6OOU8aSTO6OOU61*P V6SUSU TSV6SUSU TS O6OO&2O_M 7O2PK =$2 G.=E4 L*211&EN .$E 87BSTB6PR /1G G.=E4 L*211&EN .$E 68BS7B6TR /1G G.=E4 L*211&EN .$E 6SBSUB6PR /1$* A1.G21 =.,&4 L*211&E .$E E,E 68B68BS86S 8QV88Z 68B68BS86PE,E 86B66BS86O 6Q888Z 68B66BS86ME,E 86B6PBS867 6Q888Z 87B6PBS86PE,E 68B6UBS86S 8QUP8Z 68B6UBS86PE,E 87BSPBS86M 6Q8P8Z 87BS6BS86PE,E 68BSOBS86S 8QV88Z 68BSOBS86PE,E 68BS7BS86S 8QTSMZ 68BSOBS86ME,E 68BSTBS86S 8QPM8Z 68BSTBS86ME,E 6SBSUBS86S 8QVM8Z 68BSUBS86ME,E 68BO6BS867 6QM88Z 68BO6BS86VE,E 87BO8BS86O 8QTSMZ 87BO8BS86UE,E 68BO6BS866 6QPM8Z 68BO6BS86UE,E 68BO6BS867 6QM88Z 68BO6BS86V >2G.G2=^ =&E&>12=E =3 *&>, &E&>21 2>$ *>&E+, G2=^4 &E&>21 /.$& 1.2= G2=^4 2" 1#; 4$M"8 #;I ; - &E&>21 2>$ *>&E+, &E&>21 2>$ *>&E+, G2=^4L*2112G1&R G.=EG2=^4L*2112G1&R G.=E 04 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&404 ,>&240>- =.,&4 L*2112G1&R G.=E4 *+,- . */012 3+4,2 86B66B6UR E&9.4 5#,-8, ; -$54I"$21!@5 ,6 Packet !¦¤£ 68B68B6M68B66B6M68B6PB6M68B6UB6M68BS6B6M68BSOB6M68BSOB6M68BSTB6M68BSUB6M68BO6B6M68BO6B6M68BO6B6M68BO6B6M 5#,-8, ; -$54I" 2" 6" ΑΏΐΕȃΏΒȃΐΔ +05O=P5V PX5<=<25 68B68B6M68B66B6M68B6PB6M68B6UB6M68BS6B6M68BSOB6M68BSOB6M68BSTB6M68BSUB6M68BO6B6M68BO6B6M68BO6B6M68BO6B6M 5#,/" !"#$%&'$()&* +" 9 / 2,6" 172 0 ¦¤ $)F))$$)F))$A)F))$ =",6;W"/$\\T\]=",6;W"/$\\T\] 03 # $7 8 8Q88 8Q88 8Q88 8Q88 8Q88 8Q88 !"# $ %!" &%'(%) $&&DFEC$$&&DFEC$ A&&DFEC$ 8Q88 8Q88 8Q88 8Q88 8Q88 66TQUP 7 8 $&*'%C*')))F))$$(BB'J(CF)C$ A(BB'J(CF)C$ ON888N888Q88 ON888N888Q88 SN888N888Q88 ON888N888Q88 ON888N888Q88 6NOPMN888Q88 5 ,6 +,-,."/$0 1- $2" 1#; 4$5#,-8, ; -8$R$P- "#"8 $)F))$$BB'EJCF(B$$())')(JFE%$A())')(JFE%$ 8Q88 8Q88 8Q88 8Q88 8Q88 8Q88 P- "#"8 0 #1"/ $&*'%C*')))F))$ABB'EJCF(B$ ON888N888Q88 ON888N888Q88 SN888N888Q88 ON888N888Q88 ON888N888Q88 6NOPMN888Q88 K#;- ;I,6 K# ""/8 $&*'%C*')))F))$ ON888N888Q88 ON888N888Q88 SN888N888Q88 ON888N888Q88 ON888N888Q88 6NOPMN888Q88 K,# 8TMOU*\]\[T O6O7AOOG7 O6OTA8\]UV O6OOU6O>7 O6OOU8aSTO6OOU61*P 7O2PK =$2 G.=E4 L*211&EN .$E 87BSTB6PR /1G G.=E4 L*211&EN .$E 68BS7B6TR /1G G.=E4 L*211&EN .$E 6SBSUB6PR /1$* A1.G21 =.,&4 L*211&E .$E G2=^ . ,.^-. $+,40G+4/+ *.$$ /1G =.,&4 G.=E4 L*211&EN .$E E,E 66B8VBS86S 6Q888Z 68B8VBS86ME,E 86B66BS86O 6Q888Z 68B66BS86ME,E 68BS7BS86S 8QTSMZ 68BSOBS86ME,E 68BSTBS86S 8QPM8Z 68BSTBS86ME,E 6SBSUBS86S 8QVM8Z 68BSUBS86M 55 8Q888Z 68BO8BS86M 2" 1#; 4$M"8 #;I ; - 66B8VB6PR86B66B6UR *+,- . */012 3+4,2 +,-,."/$0 1- $21!@5 ,6 929&> 5#,-8, ; -$54I"$21!@5 ,6 Packet 5 ,6$2" 1#; 4$5#,-8, ; -8 !¦¤£ 68B8VB6M68B66B6M68BSOB6M68BSTB6M68BSUB6M68BO8B6M 5#,-8, ; -$54I" 2" 6" ΑΏΐΕȃΏΒȃΐΔ +05O=P5V 68B8VB6M68B66B6M68BSOB6M68BSTB6M68BSUB6M68BO8B6M 5#,/" !" #$%&'$(&)* + 3: / 4,7 173 0 ¦¤ > ,7<Y /$\\V\]> ,7<Y /$\\V\] 0! #3$8 93 !"# $ %!" &%'(%) 8 93 ?G'G%GEHC@?F'&)&'*)(E%H@ LMN868NT6SOMUPLMN888N888O88P 6NVVRO87 8O66 6TNQT8O88 6MN6STO88 VNQ7UO88 SUNST8O88 6N6MMOMM SNQRSOT8 6N867OTR UNMQTO88 VN7MQOT8 6QNV6SOT8 6 3,7 +,-,. /$011 2-3$4 12#<35$6#,-9,13< -9$T$R-3 # 93 LQNQMQOUVP 8O88 6NVVRO87 8O66 6TNQT8O88 6MN6STO88 VNQ7UO88 SUNST8O88 6N6MMOMM SNQRSOT8 6N867OTR UNMQTO88 VN7MQOT8 6QNV6SOT8 R-3 # 93 011#2 / ?F'&&('GGDED)@ LMN88SNQQ7O76PLMN888N888O88P 8O88 8O88 8O88 8O88 8O88 8O88 8O88 8O88 8O88 8O88 8O88 8O88 M#<-1<L,7 M# 1 /9 $F'&D*'&&&E&&$ MN87TN888O88 MN888N888O88 6NMQTN888O88 8O88 6NT88N888O88 MN888N888O88 6NM7RN888O88 MN888N888O88 6N888N888O88 7STN888O88 VR8N888O88 6NT88N888O88 6NT88N888O88 6NT88N888O88 M,# $.=&-888S M6MR2bEb8 8V7RR7G\[88V7RR7G\[88STV$8E,M U6SVSV0b6U66TU//&M 8TTSS>*08RT7QV22ET 8MQVMM2bMVUSMR,G/Q VM8T8 GAT M6MMV6M*Q MRURSAQ_Q 8Q4RM 4^2=E+=23+4^2 &=4^+1E2 G2=^&= =- /1G G.=E4 L*211&EN .$E 66B6MB6QP ,.-.,2 $.,.> *>&E+, *.>9 =.,& E,E 8SBSVBS86M 6OST8Z 8SBSUBS8S8E,E 66B6QBS86T 6O7V8Z 66B6RBS86Q 2==+& $2& 4&>+&4 S86T5$6M 24bSE,E 68B86BS86T 6OR7RZ 8UB86BS86UE,E 8TB8RBS867 SO688Z 8TB8RBS86UE,E 66B6MBS86S 8OVQTZ 66B6MBS86TE,E 8TB6TBS86M 6OM88Z 8TB6TBS86VE,E 66B8QBS86M 6OUT8Z 66B6TBS86VE,E 87BSUBS86T 6OMR8Z 8UB6TBS8S8E,E 8TB6TBS86M 6OM88Z 8TB6TBS86VE,E 68B67BS86T 6OMQ8Z 8TB6TBS8S8E,E 8TB6TBS867 6OST8Z 8TB6TBS86QE,E 8TB6RBS867 6O6STZ 8TB6RBS86QE,E 8TBSRBS86T SOMQTZ 8TBSRBS8S8 A&=&>21 &1&*,>+* *.>9 =.,&4 G2=^ . 2$&> *>&E+, *2>E ,> 2$&>+*2= &\]9 *>&E+, *.>9 =, 04 G2=*.>9 =.,&4 L*2112G1&P G&>^4/+>& /2,/2\[2- =.,&4G&>^4/+>& /2,/2\[2- =.,&4 2991& +=* A1.G21 =.,&4 4 12#<35$O 91#<L3< - =+442= 2G4 S86T5* 2M $.=&- $2>^&, 0=E 04 ,>&240>- =.,&4 L*2112G1&PL*2112G1&P *+,- . */012 3+4,2 S86T52S 6#,-9,13< -$65L $42"A6 3,7 Packet *E !¦¤£ 66B6MB6T66B6QB6T66BSTB6T66B8SB6T66B8RB6T66B6MB6T66B6TB6T66B6TB6T66B6TB6T66B6TB6T66B6TB6T66B6TB6T66B6RB6T66BSRB6T 6#,-9,13< -$65L 4 337 ΑΏΐΕȃΏΒȃΐΔ R 6=>=46 66B6MB6T66B6RB6T66B86B6T66B8SB6T66B8RB6T66B6MB6T66B6TB6T66B6TB6T66B6TB6T66B6TB6T66B6TB6T66B6TB6T66B6RB6T66BSRB6T 6#,/ ;QX !" #$%&'$(&)* + 3: / 49&* 1., 4,7 174 0 ¦¤ $&E&&$$G'DD&E&&$$%)%'*G%E)*$$G'DD&E&&$$G'DD&E&&$BG'DD&E&&$ > ,7<Y /$\\V\]> ,7<Y /$\\V\] 0! #3$8 93 8O88 QN778O88 !"# $ %!" &%'(%) $&E&&$$G'DD&E&&$BG'DD&E&&$ 8O88 QN778O88 8 93 $%)D')D*E*D$ $%'&&&'&&&E&&$$%'&&H'HD&E&&$B%)%'*G%E)*$ VNVT8O88 6TN888O88 RMNQT8O88 6TN888O88 TMN6STO88 6TN888O88 M7N6STO88 MN888N888O88 MN88UNU78O88 6 3,7 +,-,. /$011 2-3$4 12#<35$6#,-9,13< -9$T$R-3 # 93 $D'FF*E*H$$%&C'H&GE*F$ $%)D')D*E*D$$&E&&$$('*&&E&&$B%&C'H&GE*F$ VNVT8O88 6TN888O88 RMNQT8O88 6TN888O88 TMN6STO88 6TN888O88 M7N6STO88 8O88 SNT88O88 R-3 # 93 011#2 / $&E&&$BD'FF*E*H$ $%'&&&'&&&E&&$$%'&&G'DD&E&&$ 8O88 8O88 8O88 8O88 8O88 8O88 8O88 MN888N888O88 MN88QN778O88 M#<-1<L,7 M# 1 /9 $*&'H&F'&&&E&&$$%'&&&'&&&E&&$$%'&&&'&&&E&&$ MN888N888O88 MN888N888O88 VNT88N888O88 7N888N888O88 VNT88N888O88 MN888N888O88 MNU88N888O88 MN888N888O88 MN888N888O88 M,# M6M7A7T\[7 M6MM&EE^T U6SVSV\[18 M6MM&*b,7 U6SVSVb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acket 6 3,7$4 12#<35$6#,-9,13< -9 !¦¤£ 66BSVB6T66BSUB6T66BM8B6T66BM8B6T66BM8B6T66BM8B6T66BM8B6T66B6MB6T66B6QB6T 6#,-9,13< -$65L 4 337 ΑΏΐΕȃΏΒȃΐΔ +06Q>R6X R 6=>=46 66BSVB6T66BSUB6T66BM8B6T66BM8B6T66BM8B6T66BM8B6T66BM8B6T66B6MB6T66B6QB6T 4=\]\] 6#,/ ! "#$%&#'(%) * 290. 3+6 175 0 ¦¤ = +6;W .#\\T\]= +6;W .#\\T\] / 0"2#7082 !"# $ %!" &%'(%) 7082 #GG&GD$F$B##GG&GD$F$B#AGG&GD$F$B# 6OVVRL87 NL67 UO888L88 6ROVUTL88 6O6SSLSS PV6LVS 68OPT8L88 6NOVVTL88 6NOUT8L88 6SOT88L88 NNO888L88 502+6 *+,+- .#/ 01,2#3 1";24#5"+,8+ 2;0,8#R#P,2 " 82 #GG&GD$F$B##(F((##GG&GD$F$B#AGG&GD$F$B# 6OVVRL87 NL67 UO888L88 6ROVUTL88 6O6SSLSS PV6LVS 68OPT8L88 6NOVVTL88 6NOUT8L88 6SOT88L88 NNO888L88 P,2 " 82 / "1 . #(F((#A(F((# 8L88 8L88 8L88 8L88 8L88 8L88 8L88 8L88 8L88 8L88 8L88 L";, ;K+6 L"0 .8 #'%&)$)&(((F((# 6OSUTO888L88 8L88 V88O888L88 SO888O888L88 6O888O888L88 VR8O888L88 SO888O888L88 6OT88O888L88 SO888O888L88 SO888O888L88 7O888O888L88 L+" $.=&-888N S6SR2bEb8 8R8T8,$*S 8TTNN>*08RT7UV22ET S6SS&E&G7 S6STA8\]4U S6SRA67\]7 S6SS&*21V6RRUR72&8S6S7ASN1S 7O3PL >&EE+& $2* M&\]5*2112G1&Q G.=E4 2==+& $2& 4&>+&4 N86T5$6S 24bNE,E 68B86BN86T 6LR7RZ 8PB86BN86PE,E 8RB8TBN86T 6LUT8Z 8RB8TBN86VE,E 8RB8RBN86S 6L6NTZ 8RB8RBN86VE,E 87BNPBN86T 6LSR8Z 8PB6TBN8N8E,E 68B67BN86T 6LSU8Z 8TB6TBN8N8E,E 6NB6PBN86N 8LUS8Z 8RB6PBN86UE,E 8RBN7BN86S 6LU6VZ 8RBN7BN86VE,E 6NBNRBN86N 8LVT8Z 6NBNRBN86UE,E 6NBNUBN86N 8LP88Z 6NBNUBN86UE,E 86BNVBN867 6L688Z 8RBNVBN86U G2=^ . 2$&> *>&E+, *2>E ,> 2==+& $2& M*2112G1&Q G.=E4 2==+& $2& M*2112G1&Q G.=E4 G2=^ . 2$&>+*2 G2=^ =.,&4 */&3>.= *.>9 A1.G21 =.,&4 &E&>21 2>$ *>&E+, G2=^4 3 1";24# 8 ";K2;0, &E&>21 2>$ *>&E+, G2=^4M*2112G1&Q G.=E =+442= 2G4 N86T5* 2S $.=&- $2>^&, 0=E *+,- . */012 3+4,2 N86T52N *+,+- .#/ 01,2#31!@502+6 5"+,8+ 2;0,#54K #31!@502+6 Packet 502+6#3 1";24#5"+,8+ 2;0,8 !¦¤£ 6NBNTB6T6NB8NB6T6NB8TB6T6NB8RB6T6NB6TB6T6NB6TB6T6NB6PB6T6NBN7B6T6NBNRB6T6NBNUB6T6NBNVB6T 5"+,8+ 2;0,#54K 3 226 ΑΏΐΕȃΏΒȃΐΔ PX5<=<35 6NB86B6T6NB8NB6T6NB8TB6T6NB8RB6T6NB6TB6T6NB6TB6T6NB6PB6T6NBN7B6T6NBNRB6T6NBNUB6T6NBNVB6T 5"+. COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/151OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) 1.0 Purpose: guidelines for the prudent investment of the City of Chula Vistas (the outline policies to assist in maximizing the efficiency of the Citys cash management system, while meeting the daily cash flow demands of the City. 2.0 Policy: The investment practices and policies of the City of Chula Vista are based upon state law and prudent money management. 3.0 Scope: This Investment Policy applies to all financial assets of the City of Chula Vista, as indicated in 3.1 below.These funds are accounted for in the Citys Comprehensive Annual Financial Report. 3.1 Funds: The Director of Finance/Treasurer is responsible for investing the unexpended cash in the City Treasury for all funds, except for the employees retirement funds, which are administered separately, and those funds which are managed separately by trustees appointed under indenture agreements. The Director of Finance/Treasurer will strive to maintain the level of investment of this cash as close as possible to 100%.These funds are described in the Citys annual financial report and include: General Fund Special Revenue Funds Capital Project Funds Enterprise Funds Trust and Agency Funds Any new fund created by the legislative body, unless specifically exempted This Investment Policy applies to all transactions involving the financial assets and related activity of the foregoing funds. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 176 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/152OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) 4.0 Prudence: prudent The standard of prudence to be used by the Director of Finance/Treasurer shall be the investorstandard .This shall be applied in the context of managing an overall portfolio. prudent investor standard The is applied to local agencies, pursuant to California Government Code Section 53600.3 which provides, in pertinent part: decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing publicfunds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity 4.1 Personal Responsibility: The Director of Finance/Treasurer, Assistant Director of Finance, Treasury Manager and Finance Manager as investment officers acting in accordance with written procedures and the Investment Policy and exercising due diligence, shall be relieved of personal responsibility for an individual securitys credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments. 5.0 Objective: Consistent with this aim, investments are made under the terms and conditions of California Government Code Section 53600, et seq.Criteria for selecting investments and the absolute order of priority are: 5.1 Safety: Safety of principal is the foremostobjective of the investment program.Investments of the City of Chula Vista shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.To attain this objective, diversification is required in order that potential losses on ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 177 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/153OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) individual securities do not exceed the income generated from the remainder of the portfolio. 5.2 Liquidity: The City of Chula Vistas investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated and to maintain compliance with any indenture agreement, as applicable.Liquidity is essential to the safety of principal. 5.3 Return on Investments: The City of Chula Vistas investment portfolio shall be designed with the objective of attaining a market-average rate of return throughout budgetary and economic cycles (market interest rates), See also Section 16.0. 6.0Delegation of Authority: The Director of Finance/Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls and written proceduresto regulate the activities of subordinate officials. The responsibility for the day-to-day investment of City funds will be delegated to the Assistant Director of Financeor their designee.The Director of Finance/Treasurer may delegate day-to-day investment decision making and execution authority to an investment advisor. The advisor shall follow the Investment Policy and such other written instructions as are provided. 7.0 Ethics and Conflicts of Interest: In addition to state and local statutes relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.Employees and investment officers, including investment advisors,are required to file annual disclosure statements as required for public officials who manage public investments\[as defined and required by the Political Reform Act and related regulations, including Government Code Sections 81000, et seq., Political Practices Commission (FPPC)\]. 8.0 Authorized Financial Dealers and Institutions: ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 178 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/154OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) of Finance/Treasurer will maintain a list of the financial institutions and brokers/dealers authorized to provide investment and depository services and will perform an annual review of the financial condition and registrations of qualified bidders and require annual audited financial statements to be on file for each company.The City will utilize Moodys Securities or other such services to determine financially sound institutions with which to do business.The City shall annually send a copy of the current Investment Policy to all financial institutions and brokers/dealers approved to do business with the City. As far as possible, all money belonging to, or in the custody of, a local agency, including money paid rer or other official to pay the principal, interest, or penalties of bonds, shall be deposited for safekeeping in state or national banks, savings associations, federal associations, credit unions, or federally insured industrial loan companies in this state selected by the To be eligible to receive local agency money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than satisfactoryin its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of Californias communities, including low-and moderate- income neighborhoods. To provide for the optimum yield in the investment of City funds, the Citys investment procedures shall encourage competitive bidding on transactions from approved brokers/dealers.In order to be approved by the City, the dealer must meet the following criteria: (i) the dealer must be a primary dealer or regional dealer that qualifies under Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule); (ii)California; (iii)the dealer must be experienced in institutional trading practices and familiar with the California Government Code as related to investments appropriate for the City; and (iv) all other applicable criteria, as may be established in the investment procedures.All brokers/dealers and financial institutions who desire to become qualified bidders for investment transactions must submit a Broker/Dealer Applicationand related documents relative to eligibility including a current audited annual financial statement, U4 form for the broker, proof of state registration, proof of Financial Industry Regulatory Authority(FINRA)certification and a certification of having read and understood the Citys Investment Policy and agreeing to comply with the Investment Policy.The capital requirements of $10,000,000 and five years of operation). If the City has an investment advisor, the investment advisor may use its own list of authorized broker/dealers to conduct transactions on behalf of the City. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 179 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/155OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) 9.0 Authorized & Suitable Investments: The City is authorized by California Government Code Section 53600, et. seq., to invest inspecific types of securities. Where this section specifies a percentage limitation for a particular security type, that percentage is applicable only on the date of purchase. Credit criteria listed in this section refers to the credit rating at the time the security is purchased. minimum rating required at the time of purchase, the Director of Finance/Treasurer will perform a timely review and decide whether to sell or hold the investment. Investments not specifically listed below are deemed inappropriate and prohibited: A..Amaximum of 40% of theportfolio acceptances.The maximum maturity is180 days. highest ranking or the highest letter and number rating asprovided by a nationally recognized statistical rating organization (NRSRO). B.NEGOTIABLE CERTIFICATES OF DEPOSIT.A maximum of 30% of the portfolio may be invested in negotiable certificates of deposit (NCDs).The maximum maturity of a NCD issue shall be 5 years.These are issued by commercial banks and thrift institutions against funds deposited for specified periods of time and earn specified or variable rates of interest.Negotiable certificates of deposit (NCD) differfrom other certificates of deposit by their liquidity.NCDs are traded actively in secondary markets.NCDswith maturities under one year must be rated at least -aNRSRO.NCDswith maturities in excess of one year must ,by aNRSRO.In compliance with California Code 53601.8, all FDIC insured CDs,whenplaced through a deposit placement service, will be measured for compliance withNCDs. C.COMMERCIAL PAPER. Amaximum of 25% of theportfoliomay be invested in commercial paper.The maximum maturityis270 days.Commercial paper of prime quality of the highest ranking or of the highest letter and number rating as provided for by aNRSRO.The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2): 1)The entity meets the following criteria: a.Is organized and operating in the United States as a general corporation. b.Has total assets in excess of five hundred million dollars ($500,000,000). c. equivalent, by a NRSRO. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 180 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/156OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) 2) The entity meets the following criteria: a.Is organized within the United States as a special purpose corporation, trust, or limited liability company. b.Has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond. c.-NRSRO. D.BONDS ISSUED BYTHE CITY OR ANY LOCAL AGENCY WITHIN THE STATE OF CALIFORNIA.Bonds must have an Arating or better from a NRSRO.There is no limit on the percentage of the portfolio that can be invested in this category. E.OBLIGATIONS OF THE UNITED STATES TREASURY.United States Treasury Notes, bonds, bills or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.There is no limit on the percentage of the portfolio that can be invested in this category. F.FEDERAL AGENCIES.Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There is no limit on the percentage of the portfolio that can be invested in this category. G.REPURCHASE AGREEMENT, maximum term 3 months.Investments in repurchase agreements may be made, on any investment authorized in this section, when the term of the agreement does not exceed 3 months.A Master Repurchase Agreement must be signed with the bank or broker/dealer who is selling the securities to the City.There is no limit on the percentage of the portfolio that can be invested in this category. H.REVERSE-REPURCHASE AGREEMENTS(Requires Council approval for each transaction). Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met: a)The security to be sold on reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale. b)The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20% of the base value of the portfolio. c)The agreement does not exceed a term of 92 days, unless the agreement includes a ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 181 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/157OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) written codicil guaranteeing a minimum earning or spread forthe entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. d)Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counter party by way of a reverse repurchase agreement or securities lending agreement, shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security shall only be made with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency. e) For purposes of this policy, significant banking relationshipmeans any of the following activities of a bank: i.Involvement in the creation, sale, purchase, or retirement of a local agencys bonds, warrants, notes, or other evidence of indebtedness. ii.Financing of a local agencys activities. iii.Acceptance of a local agencys securities or funds as deposits. I.MEDIUM-TERM CORPORATE NOTES.Amaximum of 30% of the portfoliomay be invested in medium-term corporate notes, with a maximum remaining maturity of five years or less.Notes eligible for investment shall be rated A,its equivalent or better by a NRSRO. J.TIME DEPOSITS-CERTIFICATES OF DEPOSIT (non-negotiable certificates of deposit).The maximum maturity is3 years.Certificates of deposit are required to be collateralized as specified under Government Code Section 53630 et seq. The City, at its discretion, may waive the collateralization requirements for any portion that is covered by Federal Deposit Insurance Corporation (FDIC) insurance. The City shall have a signed agreement with any depository accepting City funds per Government Code Section 53649. No deposits shall be made at any time in certificates of deposit issued by a state or federal credit union if a member of the City Council or the Chief Financial Officer serves on the board of directors or any committee appointed by the board of directors of the credit union.In accordance with Government Code Section 53638, any ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 182 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/158OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) deposit shall not exceed that total sh deposit exceed the total net worth of any institution.There is no limit on the percentage of the portfolio that can be invested in this category. K.OBLIGATIONS OF THE STATE OF CALIFORNIA.Including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state, or by a department, board, agency or authority of the state. Obligations must be Arated or better by a NRSRO.There is no limit on the percentage of the portfolio that can be invested in this category. L.OBLIGATIONS OF THE OTHER 49 STATES. Including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by any of these states, or by a department, board, agency or authority of the state. NRSRO.There is no limit on the percentage of the portfolio that can be invested in this category. M.MONEY MARKET FUNDS.Amaximum of 20% of theportfoliomay be invested in money market funds.No more than 10% of the may be invested in shares of beneficial interest of any one Money Market fund.Local agencies may invest in shares of beneficial interestissued by diversified management companies which invest only in direct obligations in U.S. Treasury bills, notes and bonds, and repurchase agreements collateralized with U.S. Treasuries with a weighted average of 60 days or less.They must have the highest rating from twoNRSROsor have retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of $500,000,000.The purchase price of the shares may not include commission. N.SAN DIEGO COUNTY TREY FUND.Also known as the San Diego County Investment Pool, the pool is a local government money fundcreated to invest the assets of the County of San Diego and other public agencies located withinthe County.The three primary objectives of the County Pool are to safeguard principal; to meetliquidity needs of Pool participants; and to achieve an investment return on the funds within theguidelines of prudent risk management.Investment in the County Pool is highly liquid and theCity may invest with no portfolio percentage limit. O.THE LOCAL AGENCY INVESTMENT FUND (LAIF).LAIF is a special fund of the California State Treasury through which any local government maypool investments.The City may invest up to $50 million in this fund.Investments in LAIF arehighly liquid and may be converted to cash within 24 hours. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 183 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/159OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) P. SHARES OF BENEFICIAL INTEREST ISSUED BY A JOINT POWERS AUTHORITY (Local Government Investment Pools \[LGIP\]).There is no limit on the percentage of the portfolio that can be invested in this category.LGIPsorganized pursuant to Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (o) of California Government Code Section 53601, inclusive.Each share will represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority.To be eligible under this sectionthe joint powers authority issuing the shares will have retained an investment adviser that meets all of the following criteria: The adviser is registered or exempt from registration with the Securities and Exchange Commission. The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (o) Government Code Section 53601, inclusive. The adviser has assets under management in excess of five hundred million dollars ($500,000,000). Q.ASSET BACKED SECURITIES (ABS). A maximum of 20% of the portfolio may be invested in ABS.The maximum maturity is five years.Securities eligible for investment under this subdivision shall be issued by an issuer having an Aor higherrating for the issuers debt as provided by an NRSRO and rated in arating category of AAor its equivalent or better by an NRSRO.ABS constitutes amortgage pass-throughsecurity, collateralized mortgageobligation, mortgage-backed or other pay-through bond, equipmentlease-backed certificate, consumer receivable pass-throughcertificate, or consumer receivable-backed bond. Q.R.SUPRANATIONALS. A maximum of 30% of the portfolio may be invested in supranationals. The maximum maturity is five years. Securities eligible for purchase under this subdivision shall be United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank that are eligible for or better by an NRSRO. 9.1 Investment Pools: be required to investigate all local government investment pools and money market mutual funds prior to investing and performing at least a quarterly review thereafter while the City is invested in the pool or the money market fund. LAIF is authorized under provisions in Section 16429.1 of the California Government Code as an ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 184 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/1510OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) allowable investment for local agencies even though some of the individual investments of the pool are not allowed as a direct investment by a local agency. 10.0 Portfolio Adjustments: Should any investment listed in section 9.0 exceed a percentage-of-portfolio limitation due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses.When no loss is indicated, the Director of Finance/Treasurer shall consider reconstructing the portfolio basing his or her decision on the expected length of time the portfolio will be unbalanced.If this occurs, the City Council shall be notified. 11.0 Collateralization: Under provisions of the California Government Code, California banks, and savings and loan associations are required to secure the Citys deposits by pledging government securities with a value of 110 % of principal and accrued interest.California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the Citys total deposits.Collateral will always be held by an independent third party.A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained.The market value of securities that underlay a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly.Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102% no later than the next business day.The Director of Finance/Treasurer, at his or her discretion, may waive the collateral requirement for deposits that are fully insured up to $250,000 by the Federal Deposit Insurance Corporation.The right of collateral substitution is granted. 12.0 Safekeeping and Custody: All City investments shall identify the City of Chula Vista as the registered owner, and all interest and principal payments and withdrawals shall indicate the City of Chula Vista as the payee.All securities shall be safe kept with the City itself or with a qualified financial institution, contracted by the City as a third party.All agreements and statements will be subject to review annually by external auditors in conjunction with their audit.In the event that the City has a financial institution hold the securities, a separate custodial agreement shall be required.All securities shall be acquired by the safekeeping institution on a Delivery-Vs-Payment(DVP) basis.For Repurchase Agreements, the purchase may be delivered by book entry, physical delivery or by third-party custodial agreement consistent with the ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 185 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/1511OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) Government Code.The transfer of securities to the counter party banks customer book entry account may be used for book entry delivery. 13.0 Diversification: The Citys investment portfolio will be diversified to avoid incurring unreasonable and avoidable risks associated with concentrating investments in specific security types, maturity segment, or in individual financial institutions.No more than 5% of the investment portfolio shall be in securities of any one issuer except for U.S. Treasuries,U.S. Government Agency issues, and investment pools such as LAIF, the San Diego County Pool, money market funds, and local government investment pools (LGIPs). A.Credit risk, defined as the risk of loss due to failure of the insurer of a security, shall be mitigated by investing in those securities with an Aor above rating and approved in the Investment Policy and by diversifying the investment portfolio so that the failure of anyone issuer would not unduly harm the Citys cash flow. B.Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by implementing a long-term investmentstrategy.It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable and must be considered within the context of overall investment return.The Citys investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. 14.0 Maximum Maturities: To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements.Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase, unless, the legislative body has granted express authority to make that investment either specifically, or as a part of an investment program approved by the City Councilat least three (3) months prior to the investment. 15.0 Internal Control: The Director of Finance/Treasurer shall establish a system of internal controls designed to prevent loss of public funds due to fraud, employee error, or misrepresentation by third parties.No investment personnel, including an investment advisor,may engage in an investment transaction ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 186 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/1512OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) except as provided for under the terms of this Investment Policy and the procedure established by the Director of Finance/Treasurer. The external auditors shall annually review the investments with respect to the Investment Policy. This review will provide internal control by assuring compliance with policies and procedures for the investments that are selected for testing.Additionally, account reconciliation and verification of general ledger balances relating to the purchasing or maturing of investments and allocation of investments to fund balances shall be performed by the Finance Department and approved by the Director of Finance/Treasurer.To provide further protection of City funds, written procedures prohibit the wiring of any City funds without the authorization of at least two of the following four designated City staff: 1.Director of Finance/Treasurer 2.Assistant Director of Finance 3.Treasury Manager 4.Finance Manager 16.0 Performance Standards: The investment portfolio shall be managed to attain a market-average rate of return throughout budgetary and economic cycles, taking into accountthe Citys investment risk constraints and cash flow.Investment return becomes a consideration only after the basic requirements of investment safety and liquidity have been met.In evaluating the performance of the Citys portfolio in complying with this policy, the City shall establish an appropriate performance benchmark and compare the return of its portfolio to the return of the benchmark. 17.0 Reporting: The Director of Finance/Treasurer shall submit a quarterly investment report to the City Council and City Manager following the end of each quarter.This report will include the following elements: Type of investment Institutional issuer Purchase date Date of maturity Amount of deposit or cost of the investment ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 187 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/1513OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) Face value of the investment Current market value of securities and source of valuation Rate of interest Interest earnings Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance Statement on availability of funds to meet the next six months obligations Monthly and year-to-date budget amounts for interest income Percentage of portfolio by investment type Days to maturity for all investments Comparative report on monthly investment balances & interest yields Monthly transactions Compare portfolio total return to market benchmark total return Compare portfolio yield to the yield attained by the County of San Diego and the five largest cities in the county for the same period. In addition, a commentary on capital markets and economic conditions may be included with the report. 18.0 Investment Policy Review and Adoption: This Investment Policy shall be reviewed at least annually by the Director of Finance/Treasurer to ensure its consistency withthe overall objective of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Each fiscal year, the Finance Director nes to the City Council.By virtue of a resolution of the City Council of the City of Chula Vista, the Council shall acknowledge the receipt of the Policy for the respective fiscal year. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 188 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/1514OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) GLOSSARY AGENCIES :Federal agency securities. ASKED :The price at which securities are offered.(The price at which a firm will sell a security to an investor.) BANKERSACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company.The accepting institution guarantees payment of the bill, as well as the issuer.The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise.An acceptance is a high-grade negotiable instrument. BASIS POINT :One one-hundredth of a percent (i.e.,0.01 %). BID :The price offered by a buyer of securities.(When you are selling securities, you ask for a bid.) BROKER :A broker brings buyers and sellers together for a commission.He does not take a position. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate.Large-denomination CDs are typically negotiable. COLLATERAL :Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan.Also refers to securities pledged by a bank tosecure deposits of public monies. COMMERCIAL PAPER :Short term unsecured promissory note issued by a corporation to raise working capital.These negotiable instruments are purchased at a discount to par value or at par value with interest bearing.Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc. DEALER :A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DELIVERY VERSUS PAYMENT :There are two methods of delivery of securities: delivery versus payment and delivery versus receipt.Delivery versus payment is delivery of securities with an exchange of money for the securities.Delivery versus receipt is delivery of securities with an ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 189 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/1515OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) exchange of a signed receipt for the securities. DIVERSIFICATION :Dividing investment funds among a variety of securities offering independent returns. FEDERAL AGENCIES :Agencies of the Federal government set up to supply credit to various classes of institutions (e.g.,S&Ls, small business firms, students, farmers, farm cooperatives, and exporters). FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $250,000per deposit. FEDERALRESERVE SYSTEM :The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C.; 12 regional banks and about 5,700 commercial banks are members of the system. LIQUIDITY :A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value.In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCALAGENCY INVESTMENT FUND(LAIF) :The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. LOCAL GOVERNMENT INVESTMENT POOL(LGIP) :An investment pool offered by a state or local agency to public entities for the investment of public funds. MARKET VALUE :The price at which a security is trading and could presumable be purchased or sold. MATURITY :The date upon which the principal or stated value of an investment becomes due and payable. NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONS (NRSROs) : Credit rating agenciesthat issue credit ratings that the Securities and Exchange Commission (SEC) permits other financial firms to use for certain regulatory purposes. NEGOTIABLE CERTIFICATES OF DEPOSIT :Unsecured obligations of the financial ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 190 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/1516OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) institution, bank or savings and loan, bought at par value with the promise to pay face value plus accrued interest at maturity.They are high-grade negotiable instruments,paying a higher interest rate than regular certificates of deposit. OFFER :The price asked by a seller of securities.(When you are buying securities, you ask for an offer). PORTFOLIO :Collection of securities held by an investor. PRIMARY DEALER :Agroup of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight.Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms. PRUDENT INVESTOR STANDARD :An investment standard.In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state-the so-called legal list.In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. RATE OF RETURN :The yield obtainable on a security based on its purchase price or its current market price. SAFEKEEPING :A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the banks vaults for protection. SECONDARY MARKET :A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION(SEC) :Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1 :See Uniform Net Capital Rule. TREASURY BILLS :A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt.Most bills are issued to mature in three months, six months, or one year. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 191 COUNCIL POLICY CITY OF CHULA VISTA POLICY SUBJECT: INVESTMENT POLICY AND EFFECTIVE NUMBER PAGE GUIDELINESDATE 220-013/03/201503/1517OF 17 /2016 ADOPTED BY: Resolution No. 17578DATED: 07/26/94 AMENDED BY: Resolution Nos.18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 (3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13);2014-039(3/11/14);2014-191 (10/28/14); 2015-XXX041(3/03/2015);2016-XXX (03/15/2016) TREASURY BOND:Long-term U.S. Treasury securities having initial maturities of more than 10 years. TREASURY NOTES :Intermediate-term coupon bearing U.S. Treasury having initial maturities of one year to ten years. UNIFORM NET CAPITAL RULE :Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital ruleand net capital ratio.Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates.Liquid capital includes cash and assetseasily converted into cash. YIELD :The rate of annual income return on an investment, expressed as a percentage.(a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 192 City of Chula Vista Staff Report File#:16-0114, Item#: 7. A.RESOLUTIONOFTHECHULAVISTAMUNICIPALFINANCINGAUTHORITY ESTABLISHING REGULAR MEETING DATES B.RESOLUTIONOFTHECHULAVISTAPUBLICFINANCINGAUTHORITYESTABLISHING REGULAR MEETING DATES RECOMMENDED ACTION Authorities adopt the resolutions. SUMMARY OnJune11,2013,theCityCounciladoptedResolution2013-110establishingtheMunicipal FinancingAuthority(MFA),aJointPowersAuthoritywhosemembersaretheCityofChulaVistaand CityofChulaVistaHousingAuthority.TheregularmeetingdatewassetasthefourthTuesdayofthe month.OnNovember5,2013,theMFAestablishedtheregularmeetingdateasthethirdTuesdayof the month. OnApril4,1995,theCityCounciladoptedResolution17852establishingthePublicFinancing Authority(PFA),aJointPowersAuthoritywhosemembersaretheCityandtheformer RedevelopmentAgency,nowSuccessorAgency.Theregularmeetingdatewassetasthefirst Tuesdayofthemonth.OnNovember5,2013,thePFAestablishedtheregularmeetingdateasthe third Tuesday of the month. ApprovalofthisitemwillsetthenewregularmeetingdatesforboththeMFAandthePFAasthe samedateofeachregularCityCouncilmeeting.IfnobusinessistobeconductedfortheMFAorthe PFA, such regular meeting of either entity may be cancelled. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines, the activity is not subject to CEQA. Thus, no environmental review is required. City of Chula VistaPage 1 of 3Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 193 File#:16-0114, Item#: 7. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Thisitemisanadministrativeactionthatwillsetnewregularmeetingtimesanddatesforboththe ChulaVistaMunicipalFinancingAuthority(MFA)andtheChulaVistaPublicFinancingAuthority (PFA).ThePFAandtheMFAarejointpowersauthoritiescreatedforthepurposeofassistingthe Cityinthefinancingoftheconstruction,reconstruction,modernizationandequippingofcertain capital improvements on behalf of the City. ThePFAwascreatedin1995andtheCityandtheformerRedevelopmentAgency,nowSuccessor Agency,areitsmembers.HealthandSafetyCodeSection34178(b)(3)providesthatexistingjoint powersagencyagreementsoriginallyestablishedbyaredevelopmentagencyandacityarenot invalid;however,bondcounselrecommendsthatnewtransactionsnotbeenteredintobythesejoint powersagenciesexceptinlimitedcircumstances.ThisledtheCitytocreatetheChulaVista Municipal Financing Authority in 2013 with only the City and Housing Authority as its members. GovernmentCodeSection6592.1providesthatajointpowersauthoritysuchastheMFAorthePFA mayadoptaresolutionauthorizingbondsoranyissuanceofbondsoracceptingthebenefitofany bondsortheproceedsofbondsonlyduringaregularmeetingofsuchentityheldpursuantto GovernmentCodeSection54954.Currently,theregularmeetingdatesforboththeMFAandthe PFA are the same date and time as the regular third Tuesday meeting of the City Council. ThisactionwillsettheMFAandPFAregularmeetingdateasthesamedateandtimeaseach regularCityCouncilmeeting.IfnobusinessneedstobeconductedbyeithertheMFAorthePFA, the regular meeting of such entity may be cancelled. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite- specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section 18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100, et seq.). Staffisnotindependentlyaware,andhasnotbeeninformedbyanyChulaVistaMunicipalFinancing AuthorityBoardMemberorChulaVistaPublicFinancingAuthorityBoardMember,ofanyotherfact 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.Byincreasingthe frequencywithwhichtheMFAandPFABoardsconductregularBoardMeetings,TheBoardshave theabilitytoactmoreswiftlyuponeconomicopportunities,suchasdebtrefunding,whichenhances Operational Excellence and maximizes Economic Vitality. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact other than City Staff time to prepare this report. City of Chula VistaPage 2 of 3Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 194 File#:16-0114, Item#: 7. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS None Staff Contact: Mike Sylvia, MBA, CPFO, Finance & Purchasing Manager City of Chula VistaPage 3 of 3Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 195 RESOLUTION NO. ___ RESOLUTION OF THE CHULA VISTA MUNICIPAL FINANCING AUTHORITY ESTABLISHING REGULAR MEETING DATES WHEREAS,theChulaVistaMunicipalFinancingAuthority(the“Authority”)isa joint exerciseofpowersauthorityorganizedandexistingunderArticle1andArticle4of Chapter5ofDivision7ofTitle1oftheGovernmentCodeoftheStateofCalifornia(the “JPAAct”)forthepurposeofassistingtheCityofChulaVista(the“City”)inthe financingoftheconstruction, reconstruction,modernizationandequippingofcertaincapital improvementsonbehalf ofthe City;and WHEREAS,theAuthorityisgovernedbythetermsoftheJointExerciseof PowersAgreement(the“JPAAgreement”)datedasofJune11,2013byandbetweenthe CityandtheHousingAuthorityoftheCityofChulaVista;and WHEREAS,theAuthoritypreviouslyestablished,byresolution,thethirdTuesdayof eachmonthas itsregularmeetingdate;and; WHEREAS,tofulfillitspurposes,theAuthority,fromtimetotime,authorizesthe issuanceofbondspursuanttotheJPAAct;and WHEREAS,GovernmentCodeSection6592.1providesthattheAuthoritymay adoptaresolutionauthorizingbondsoranyissuanceofbondsoracceptingthebenefitof anybondsortheproceedsofbondsonlyduringaregularmeetingoftheAuthorityheld pursuanttoGovernmentCodeSection54954;and WHEREAS,Section2.03(d)oftheJPAAgreementprovidesthattheAuthoritymay byresolutionamendtheprovisionsofSection2.03(d) regardingtheregularmeetingdatesof the AuthoritywithoutamendingtheJPAAgreement;and WHEREAS,theAuthoritydesirestoadoptthisresolutioninaccordancewiththe provisionsofSection2.03(d)oftheJPA AgreementandGovernmentCode Section54954to set newregularmeetingdatesfortheAuthority. NOW,THEREFORE,the BoardofDirectorsofthe Authoritydoesherebyresolveas follows: SECTION1.Recitals. Eachoftheforegoingrecitalsistrueandcorrect. SECTION2.RegularMeetingDates.Notwithstandinganyprovisiontothecontrary inSection2.03(d)oftheJPAAgreementorinanypriorresolutionsoractionsoftheBoard ofDirectorsoftheAuthority,fromthedatehereof,theregularmeetingsoftheAuthority shallbeheldatthe times and dates as the regular meetings of the City Council,andmaybe heldasa jointmeetingwiththeCityCounciloftheCity.IntheeventthattheSecretary determinesthatthereisnobusinessoftheAuthoritytobeconductedataregular meeting, thentheChair,theSecretaryandotherofficersoftheAuthorityareauthorizedtotake whateveractionsarerequiredbylawtocancelsuchregularlyscheduledmeeting. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 196 SECTION3.OtherActions.TheChairman,ViceChairman,ExecutiveDirector, ChiefFinancialOfficerandSecretaryoftheAuthorityareauthorizedanddirected,jointly andseverally,todoanyandallthingswhichtheymaydeemnecessaryoradvisableinorder toeffectuatethepurposesofthisResolution,andsuchactionspreviouslytakenbysuch areherebyratifiedandconfirmed. officers SECTION4.Effect.ThisResolutionshalltakeeffectfromand after its date of adoption. Presented byApproved as to form by David Bilby, MSBA, CPFOGlen R. Googins Chief Financial OfficerAuthority General Counsel ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 197 RESOLUTIONNO._ RESOLUTION OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY ESTABLISHING REGULAR MEETING DATES WHEREAS,theChulaVistaPublicFinancingAuthority(the“Authority”)isajoint exerciseofpowersauthorityorganizedandexistingunderArticle1andArticle4of Ch apter5ofDivision7ofTitle1oftheGovernmentCodeoftheStateofCalifornia “JPAAct”)forthepurposeofassistingtheCityofChulaVista(the“City”)inthe (the financingoftheconstruction,reconstruction,modernizationandequippingofcertain capitalimprovementsonbehalfoftheCity;and WHEREAS,thejointpowersagreementbetweentheCityandtheRedevelopment AgencyoftheCity,whichestablishedtheAuthority,isstillvalidandbindingonthe SuccessorAgencytotheRedevelopmentAgency,pursuanttoHealthandSafetyCode Section34l78(b)(3);and WHEREAS,theAuthoritypreviouslyestablished,byresolution,thethirdTuesday ofeachmonthas itsregularmeetingdate;and; WHEREAS,tofulfillitspurposes,theAuthority,fromtimetotime,authorizesthe issuanceofbondspursuanttotheJPAAct;and WHEREAS,GovernmentCodeSection6592.1providesthatthe Authoritymay adoptaresolutionauthorizingbondsoranyissuanceofbondsoracceptingthebenefitof bondsortheproceedsofbondsonlyduringaregularmeetingoftheAuthorityheld any pursuanttoGovernmentCodeSection54954;and WHEREAS,theAuthoritydesirestoadoptthisresolutioninaccordancewiththe provisionsofGovernmentCodeSection54954toset newregularmeetingdatesfor the Authority. NOW,THEREFORE,theBoardofDirectorsoftheAuthoritydoesherebyresolve asfollows: SECTION1.Recitals. Eachoftheforegoingrecitalsistrueandcorrect. SECTION2.Regular MeetingDates.Notwithstandinganyprovisiontothecontrary inthejointpowersagreementestablishingtheAuthority,anybylawsoftheAuthorityorin anypriorresolutionsoractionsoftheBoardofDirectorsoftheAuthority,fromthedate hereof,theregularmeetingsoftheAuthorityshallbeheldthe same times and dates as the regularmeetings of the City Council,andmaybeheldasajointmeetingwiththeCity CounciloftheCity. In theevent thatthe Secretary determinesthatthereisnobusinessof ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 198 theAuthoritytobeconductedataregularmeeting,thentheChair,theSecretaryandother officersoftheAuthority areauthorizedtotakewhatever actionsarerequiredbylawto cancelsuchregularlyscheduledmeeting. SECTION3.OtherActions.TheChair,ViceChair,ExecutiveDirector,Chief FinancialOfficer,SecretaryandotherofficersoftheAuthorityareauthorizedanddirected, jointlyandseverally,todoanyandallthingswhichtheymaydeemnecessaryoradvisable inordertoeffectuate thepurposesof thisResolution,andsuchactionspreviouslytakenby suchofficersareherebyratifiedandconfirmed. 4. Effect.ThisResolutionshalltakeeffectfromandafteritsdateof SECTION adoption. Presented byApprovedas to form by David Bilby, MSBA, CPFOGlen R. Googins Chief Financial OfficerAuthority General Counsel ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 199 City of Chula Vista Staff Report File#:16-0133, Item#: 8. RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZING ATTORNEYSERVICESEXPENSESTOEXCEED$50,000FORTHECHULAVISTAOLYMPIC TRAINING CENTER PROJECT RECOMMENDED ACTION Council adopt the resolution. SUMMARY Staffisrecommendingapprovaltoexceed$50,000inattorneyservicesexpensesinconnectionwith thependingtransferofownershipandoperationoftheChulaVistaOlympicTrainingCenterfromthe UnitedStatesOlympicCommitteetotheCityofChulaVista.CityCouncilapprovalforattorney servicecontractexpendituresinexcessof$50,000iscurrentlyrequiredperChulaVistaMunicipal Code (CVMC) Section 2.56.110.A.3. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION OnAugust7,2015,theCityofChulaVistaAttorney’sOfficeissuedaRequestforQualificationsfor theprovisionoflegalservicestotheCityinconnectionwithaproposed/pendingtransactionwiththe UnitedStatesOlympicCommittee(“USOC”)regardingatransferofownershipandagreementsfor ongoingoperationsoftheChulaVistaOlympicTrainingCenter(“CVOTC”).Threeresponseswere received,andtheCityselectedProcopio,Cory,Hargreaves&SavitchLLP(hereinafterreferredtoas “Attorney”)asthemostqualifiedandcost-effective.TheCityenteredintoanagreementwith Attorney on September 14, 2015 not to exceed $50,000. City of Chula VistaPage 1 of 2Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 200 File#:16-0133, Item#: 8. Todate,Attorneyhasworkedprimarilyinnegotiatinganddraftingagreementsrelatedtothetransfer oftheCVOTCandhasbilledapproximately$45,000.InordertofinalizetheOperatorAgreement,a revisedAgreementwithEastonArcheryandrelatedmatters,theCityAttorneyanticipatesadditional legalassistancewillberequiredintheapproximateamountof$25,000to$40,000overthenextnine months.PertherequirementscontainedinCVMCSection2.56.110.A.3theCityAttorneyofficeis seeking City Council approval for such additional expenditures. 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.Thedevelopmentof theOlympicTrainingCentermeetsthestrategicgoalsofEconomicVitality,HealthyCommunityand Connected Community. CURRENT YEAR FISCAL IMPACT Thefiscalyear2015-16budgetfortheCityAttorney’sOfficeincludesfundingforattorneyservices. There is no additional fiscal impact as a result of this action. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts as a result of this action. ATTACHMENTS Resolution Staff Contact: Diem Do, Law Office Manager City of Chula VistaPage 2 of 2Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 201 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING ATTORNEY SERVICES EXPENSES TO EXCEED $50,000 FORTHE CHULA VISTA OLYMPIC TRAINING CENTER PROJECT WHEREAS, on August 7, 2015, the City of Chula Vista Attorneys Office issued a Request for Qualifications for the provision of legal services to the City in connection with the proposed/pending transaction with the United States Olympic Committee regardinga transfer of ownership and agreements for ongoing operations of the Chula Vista Olympic Training Center; and WHEREAS, three proposals were received and reviewed and Procopio, Cory, Hargreaves & Savitch LLP was selected; and WHEREAS, the City entered into an agreement with Procopio, Cory, Hargreaves & Savitch LLP on September 14, 2015 in an amount not to exceed $50,000; and WHEREAS, Procopio, Cory, Hargreaves & Savitch LLP has worked primarily in negotiating and drafting agreements related to the transfer of the Chula Vista Olympic Training Center to the City of Chula Vista; and WHEREAS, the City anticipates that additional legal expenses of up to $40,000 may be required within the next ninemonthsto complete the project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes attorney services expenses to exceed $50,000 forthe Chula Vista Olympic Training Center project. Presented byApproved as to form by Glen R. GooginsGlen R. Googins City AttorneyCity Attorney ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 202 City of Chula Vista Staff Report File#:15-0678, Item#: 9. CONSIDERATIONOFANAPPEALBYKENNYRAYANDMITCHELLCOMPTONOFTHEZONING ADMINISTRATOR’SDECISIONAPPROVINGDESIGNREVIEWPERMITDR15-0010,FORTHE FAÇADE REMODEL OF THE VONS BONITA CENTER RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTADENYINGTHEAPPEAL BYKENNYRAYANDMITCHELLCOMPTONANDAFFIRMINGTHEZONINGADMINISTRATOR’S APPROVALOFTHEDESIGNREVIEWPERMIT(DR15-0010)FORTHEVONSBONITACENTER FAÇADE REMODEL, LOCATED AT 4404 BONITA ROAD IN THE CITY OF CHULA VISTA RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY DonahueSchriber,theApplicantrepresentingtheowneroftheBonitaCenter,hassubmitteda DesignReviewapplicationrequestingapprovalofanentryfaçaderemodelandre-paintingofthe exterioroftheVonsgrocerystorebuilding(Project).OnNovember3,2015,theZoningAdministrator conditionallyapprovedtheProject(SeeAttachment2).OnNovember18,2015,Mr.KennyRayand Mr.MitchComptonfiledanappealoftheZoningAdministrator’sdecision(seeAttachment3).The appealoftheDesignReviewapprovalisbasedonpreviouslyexisting,ongoingcomplaintsabout noisegeneratedbyVonsroof-mountedcondensersthathavebeenfiledbytheAppellants.The noiseissuebetweenVonsandtheAppellantsstartedlongbeforetheDesignReviewapplicationwas submittedtotheCity.Theappealstates(1)ThattheinformationprovidedbytheAppellantstostaff, relatedtoapriornoisecomplaint,wasnotprovidedtotheZoningAdministratorpriortoconsideration oftheProject,andthatCitystaffdidnotnotifytheAppellantsofthis;(2)Thatanadjoiningproperty ownerdidnotreceivepublicnoticeoftheZoningAdministrator’sconsiderationoftheProject;and(3) ThattheCaliforniaEnvironmentalQualityAct(CEQA)GuidelinesGeneralRuleExemption,and certainExceptionsshouldhavebeenappliedtotheClass1ExistingFacilitiesCategoricalExemption for the Project. StaffreviewedtheappealandfoundthattheVonsRemodelingProjectisunrelatedtothenoise issue.TheProjectisafaçaderemodelthatdoesnotincludechangestotheexistingroof-mounted condenserunitsthatmayhavebeencreatingnoiseissuesfortheadjacentresidentialarea.The informationrelevanttotheProjectthatwasprovidedtotheZoningAdministratorwascomplete.The publicnoticewaspreparedanddistributedproperlyasrequiredbytheMunicipalCode.Therefore, staff finds that there is no basis for granting of the appeal. ENVIRONMENTAL REVIEW Environmental Notice City of Chula VistaPage 1 of 7Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 203 File#:15-0678, Item#: 9. TheProjectqualifiesforaClass1CategoricalExemptionpursuanttoSection15301(Existing Facilities) of the California Environmental Quality Act Guidelines. Environmental Determination TheDevelopmentServicesDirectorhasreviewedtheProjectforcompliancewiththeCalifornia EnvironmentalQualityAct(CEQA)andhasdeterminedthattheProjectqualifiesforaClass1 CategoricalExemptionpursuanttoSection15301(ExistingFacilities)oftheStateCEQAGuidelines. TheprojectqualifiesforaClass1exemptionbecausetheprojectproposesremodelingofanexisting commercialbuildinginvolvingnegligibleornoexpansionoftheexistingcommercialuse.Thus,no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Project Description: TheProjectisaremodelofthefrontfaçadeoftheVonsgrocerystorebuildinglocatedintheBonita Center.TheProjectsiteislocatedinacommercialretailshoppingcenterona4.0acrelotat4404 BonitaRoad,southwestoftheintersectionofBonitaRoadandOtayLakesRoad(SeeAttachment1, LocatorMap).ThesitehasazoningdesignationofCentralCommercial-DesignControl(CCD),anda GeneralPlanDesignationofCommercialRetail(CR),whichallowscommercialuses.TheProject includesreplacingtheexistingwoodenroofshingles,façadeelementsandroof-mountedwallsign, withanewstandingseammetalroofwithanewtowerelementandupgradedfaçadedesignand materials.TheProjectalsoincludesanewwallsign,re-paintingofthesidesandrearofthebuilding tomatchtheexistingbuildings,andtheadditionofexteriorlightingandlandscapingtothestore entry.Theseimprovementsdonotalteroraffectthecondenserslocatedattherearportionofthe roof of the building. Surrounding area: TothenorthandwestoftheVonsstoreistheremainderoftheBonitaShoppingCenterandBonita Road,whicharelocatedwithintheCityLimits.TotheeastisOtayLakesRoad,withtheChaseBank CommercialCenterandamulti-familyresidentialdevelopmentlocatedacrossOtayLakesRoadfrom theBonitaCenter.SouthoftheBonitaCenterarelarge-lotsingle-familyhomeslocatedacrossthe CityboundaryintheunincorporatedareaoftheCounty(includingtheAppellant’shomes),whichare directlysouthofthegrocerystore.TheCity/CountyboundaryseparatestheProjectsite,whichis locatedwithintheCitylimits,fromtheadjacentunincorporatedresidentialareatothesouthwherethe Appellantslive.Thesehomesaresituatedatahigherelevationofapproximately122feetabovesea level,44feetabovetheelevationoftheshoppingcenterparkinglot,and23feetabovetheVons buildingroof.TheVonsbuildingisapproximately38feetatitsclosestpointtothepropertylineand CityBoundary,andapproximately140feettothenearestpointoftheclosestadjacenthomeowned by Mr. Ray (See Attachment 4, Site Plan). Appeal: City of Chula VistaPage 2 of 7Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 204 File#:15-0678, Item#: 9. DuringtheapplicationreviewprocessfortheVonsproject,thesurroundingpropertyownersand residentslivingwithin500feetoftheProjectsitewerenotifiedoftheapplicationsubmittalonAugust 7,2015,andlaterwerenotifiedoftheZoningAdministrator’sconsiderationoftheProjectonOctober 6,2015,asrequiredbytheMunicipalCode.Asaresultofthesenotices,staffreceivedphonecalls ande-mailsfromMr.ComptonandMr.RayinAugust2015relatedtoanoiseissueregardingVons roof-mountedcondensersthataffectstheirhomes.StaffmetwithMr.Comptontoreviewthe architecturalplanssubmittedbytheApplicant.InresponsetotheNoticeofApplication,the Appellantssubmittedcopiesofdocumentationincludingcorrespondenceande-mailsrelatedtoa noisedisputefrom2013betweentheApplicantandVons.Otherinformationsubmittedtostaffrelated tothenoiseissueincludedacopyofanoisestudypreparedfortheApplicantdatedMay2013;a copyofaletterfromtheCityCodeEnforcementDivisiontoMr.Comptoninresponsetoanoise complaintregardingVons;andphotosshowingtheexistingroof-mountedcondensersandsound wallsasviewedfromtheAppellantshomes.Staffreviewedthisinformationanddetermineditwasnot related to the Vons remodel project. ANALYSIS OnNovember18,2015,AppellantsfiledanappealoftheZoningAdministrator’sDecisiontoapprove theProject(seeAttachment3).ThebasisoftheappealisthatthereareFactualErrorsandNew Information,whichincludethefollowingthreeissues,andstaffresponsetotheseissues,summarized below: 1.ThecorrespondencefromtheAppellantsdescribedabovewassubmittedtotheCitywitha requestforittobeprovidedtotheZoningAdministratorduringconsiderationoftheapplication. Appellants’contendthatiftheoppositionletters,photos,andtechnicalreportssubmittedwerenot provided to the Zoning Administrator for consideration, the file was incomplete. Staff Response: ThecorrespondencefromtheAppellantsdescribedintheappealwasreviewedbystaff,who determinedthatitwasrelatedtonoisegeneratedbyroofmountedcondenserunitslocatedonthe rearportionoftheVonsroof,whichisnotrelatedtotheVonsremodelingProject.TheProject doesnotincludestructuralchangesthatwouldaltertherearportionoftheroofortheroof- mountedcondensers.TheProjectproposesaminoralterationoftheexistingstructure,including theremodelofthefrontfaçadeofthebuilding,includinganewrooffacade,exteriorwall materials,signageandcolorandlandscaping.Sincenostructuralchangesareproposed anywherenearthecondenserunits,soundemanatingfromthecondenserswouldnotbeaffected inanyway.Therefore,theProjectwouldnotaffectanypotentialexistingnoiseissue.The completeProjectfileandplans,includingallinformationrelevanttotheProject,wasforwardedto theZoningAdministrator.TheinformationregardingtheProjectthatwasprovidedtotheZoning Administratorwascomplete,and,therefore,thereisnobasisforgrantingtheappealonthebasis that the record was incomplete. City of Chula VistaPage 3 of 7Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 205 File#:15-0678, Item#: 9. 2.Appellants’contendthatanAdjoiningPropertyOwnerwithin500feetfromApplicantsaddress did not receive a public notice from the City. Staff Response: Duringtheapplicationreviewprocess,thesurroundingpropertyownersandresidentslivingwithin 500feetoftheProjectsitewerenotifiedoftheapplicationsubmittalandlaterwerenotifiedofthe ZoningAdministratorconsiderationoftheProject,asrequiredbytheMunicipalCode.Three noticesmailedtothesurroundingownersandresidentswerereturnedbythePostalServiceas undeliverable,whichareintheProjectfile.ThenoticessenttotheAppellantswerenotreceived bytheCityasreturnedmail.Theappealdoesnotspecifywhodidnotreceivethepublicnotice. ThenoticewaspreparedanddistributedproperlyasrequiredbytheMunicipalCodeanddoesnot constitute grounds for granting the appeal. 3.Appellants’contendthataCEQAguidelinethatistobeappliedtoallClassICategorical Exemptionsis-DoestheProjectfitthegeneralrulethatthereisnopossibilityoftheProject havinganimpactontheenvironment.(14-CCR15061(B)(3).)Appellantsalsocontendthatthe Citywasawareofon-goingviolationsofitsNoiseControlOrdinanceattheProjectsiteandthat thisviolation,pertheCity’sNoiseControlOrdinance,constitutesanenvironmentalviolation. Lastly,theAppellantsalsoclaimthatthefollowingCEQAGuidelinesExceptionsareapplicableto the Class 1 Existing Facilities Categorical Exemption for the Project: 1.LocationException:Aprojectthatisordinarilyinsignificantinitsimpactontheenvironment may in a particularly sensitive environment be significant (15300.2(a)); 2.CumulativeImpactsException:Exemptionsareinapplicablewhenthecumulativeimpactof successive projects of the same type in the same place, over time is significant (15300.2(b)); 3.SignificantEffectException:Anexemptionshallnotbeusedforaprojectwherethereisa reasonablepossibilitythattheprojectwillhaveasignificanteffectontheenvironmentdueto unusual circumstances (15300.2(c)). Staff Response to Item 3 above (CEQA Exemption 15061 (B) (3)): TheAppellants’contentionthatthe“GeneralRule”exemptionshouldbeappliedtoallClassI CategoricalExemptions,andthustothisProject,isnotconsistentwiththeproperapplicationof CEQAGuidelinesSection15061,“ReviewforExemption.”ThisCEQAsectionindicatesthatthe GeneralRuleandCategoricalExemptionsareseparateclassesofexemptions,andtheGeneral Ruleexemptionisnotrequiredtobeappliedtoallexemptions.StaffreviewedtheProjectand foundthattheProjectincludesaminoralterationoftheexistingprivatestructurewithno expansionoftheexistinguse.Therefore,staffrecommendedtheClass1ExistingFacilities CategoricalExemption,nottheGeneralRuleexemption,asthemostappropriatetypeofCEQA exemption for the Project. Staff Response to Item 3.1 above (CEQA Exception 15300.2(a)): CategoricalExemptions,ingeneral,aresubjecttotheExceptionslistedinCEQAGuidelines Section15300.2.TheAppellantlistedthreeoftheseExceptionswhichtheyclaimareapplicable. TheClass1ExistingFacilitiesexemptionwhichappliestotheProjectisnotsubjecttothefirst City of Chula VistaPage 4 of 7Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 206 File#:15-0678, Item#: 9. ExceptionlistedbytheAppellantsbecauseCEQAguidelinesSection15300.2(a)specifically statesthattheexemptionsthataresubjecttothefirstException(i.e.,theLocationException)are limited only to Classes 3, 4, 5, 6 and 11, and does not include Class 1. Staff Response to Item 3.2 above (CEQA Exception 15300.2(b)): TheProjectwouldnotresultincumulativeimpactsthatwouldtriggerthesecondException becausetheProjectisa“one-off”standaloneprojectthatincludesreplacingtheexistingwooden roofshingles,façadeelementsandroof-mountedwallsign,newtowerelementandupgraded façadedesignandmaterials,anewwallsign,re-paintingofthesidesandrearofthebuildingto matchtheexistingbuildings,andtheadditionofexteriorlightingandlandscapingtothestore entry.Inaddition,asdiscussedabove,theseimprovementsdonotalteroraffectthecondensers located at the rear portion of the roof of the building. Staff Response to Item 3.3 above (CEQA Exception 15300.2(c)): Exception15300.2(c),regardingunusualcircumstances,doesnotapplytotheProjectbecause thereisnoevidencethatthereisareasonablepossibilitythattheProjectwillhaveasignificant effectontheenvironmentduetounusualcircumstances.TheAppellants’argumentthatunusual circumstancesexistrelatetoenforcementoftheNoiseControlOrdinance.Asdiscussedabove, theProjectisastand-alonefaçadeimprovementproject;theProjectdoesnothaveanythingtodo with noise issues and application of the unusual circumstance Exception is inapplicable. Conclusion: Staff’sreviewandanalysisfoundthattheappealdoesnothavemeritbecausetheProjectisafaçade remodelofthefrontoftheexistingstructure,includingadditionalimprovementelementsaroundand adjacenttothestructure,asdiscussedherein,thatdonotinanywayaffecttheexistingcondensers oranypartofthestructurenearthecondensers.TheProjectwouldnothaveapotentialtocreate potentialnoiseimpactsthatcouldadverselyimpacttheadjacentresidentialarea.Thus,thenoise issueisnotrelatedtothisProject.StaffhasalsodeterminedthatCEQAExemption15061(B)(3)and CEQAExceptions15300.2(a-c)areinapplicabletotheProject.Theinformationthatwasprovidedto theZoningAdministratorforconsiderationwascompleteandrelevanttotheProjectandthepublic noticewaspreparedanddistributedproperlyasrequiredbytheMunicipalCode.Therefore,staff finds that there is no basis under CEQA or any Municipal Code sections to grant the appeal. Currently,thereisanactivecodeenforcementcaseforbuildingwithoutapermitfortheVons condenserunits,whichisinprocess.Vonshassubmittedanewbuildingpermitapplicationand noise report to address this issue, which are currently undergoing review. TheProjectsiteislocatedintheCitylimits.TheCityNoiseOrdinance(CVMC19.68.030)regulates noisegeneratedattheProjectsite,uptotheCity/Countyboundary,whichliesbetweentheProject site and Appellant’s homes. The Noise Ordinance (CVMC 19.68.030.3) states: “Wheredoubtexistswhenmakingidentificationofreceivinglanduse,theDirectorof City of Chula VistaPage 5 of 7Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 207 File#:15-0678, Item#: 9. Development Services may make an interpretation.” TheAppellantsliveintheunincorporatedCountyarea.TheCitydoesnothavejurisdictiontoenforce anotherCity’sNoiseOrdinancebeyondtheCityboundary.Therefore,theDirectorhasdetermined thattheCityenforceChulaVista’snoisethresholdsattheCity/Countyboundarythatareapplicable totheProjectsite.Theapplicablecommercialexteriornoiselimitsof60dBafrom10pmto7amand 10pmto8amweekends,and65dBafrom7amto10pmweekdaysand8amto10pm,weekends apply to the site. Staffrecommendsthatthenoiseissueberesolvedthroughmoreappropriatechannels,suchas through enforcement of the City Noise Ordinance through the building permit process. Basedupontheentiretyoftheaboveanalysis,stafffurtherrecommendsdenialoftheappealand approvaloftheproposedProject,subjecttotheconditionscontainedintheattachedZoning Administrator Notice of Decision, Case No. DR-15-0010, dated November 3, 2015. DECISION-MAKER CONFLICT No Property within 500 feet 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.TheProject implementstheStrongandSecureNeighborhoodsStrategicgoalbyprovidingconstructionofa developmentprojectinamannerthatensurescodecompliance,publichealthandsafetyofthe community. CURRENT YEAR FISCAL IMPACT Therearenofiscalimpactsduringthecurrentfiscalyearfromtheprocessingoftheproject.Allcosts fortheprojectprocessingincludingtheappealarecoveredbythedepositaccountspaidforbythe applicant.TheAppellantpaidtherequiredfilingfeefortheappeal.Costsassociatedwiththe processing of future implementing permits, will also be covered by permit fees or deposit accounts. ONGOING FISCAL IMPACT TheProjectisprivatelyownedandoperatedandwillnotcreatefutureexpendituresfortheCity associated with approval of the item, including facility maintenance and operations. ATTACHMENTS 1. Locator Map City of Chula VistaPage 6 of 7Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 208 File#:15-0678, Item#: 9. 2. Zoning Administrator Final Notice of Decision 3. Appeal Application Form and attachments 4.Site Plan, Elevations and Photos. Staff Contact: Richard Zumwalt, Associate Planner/Project Manager, Development Services Department (619-691-5255). J:\\Attorney\\MichaelSh\\Compton-Vons ZA Appeal\\CC\\CC-StfRpt-VonsAppeal-2.29.16-FINAL.docx City of Chula VistaPage 7 of 7Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 209 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 210 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 211 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 212 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 213 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 214 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 215 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 216 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 217 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 218 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 219 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 220 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 221 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 222 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 223 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 224 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 225 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 226 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 227 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 228 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 229 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 230 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 231 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 232 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 233 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 234 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 235 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 236 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 237 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 238 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 239 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 240 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 241 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 242 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 243 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 244 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 245 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 246 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 247 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 248 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 249 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 250 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 251 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 252 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 253 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 254 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 255 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 256 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 257 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 258 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 259 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 260 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 261 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 262 RESOLUTION NO. 2016- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL BY KENNY RAY AND MITCHELL COMPTON AND AFFIRMING THE ZONING ADMINISTRATOR’SAPPROVAL OF THE DESIGN REVIEW PERMIT (DR15-0010) FOR THE VONS BONITA CENTER FAÇADE REMODEL, LOCATED AT 4404 BONITA ROAD IN THE CITY OF CHULA VISTA WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted inExhibit “1,” attached hereto and incorporated herein by this reference, and for the purpose of general description consists of 4.0acres located at 4404Bonita Road, consisting of APN 593- 280-06-00, (Project Site); and WHEREAS, on June 6, 2015, a duly verified application requesting approval of a Design Review Permit was filed with the City of Chula Vista Development Services Department by Donahue Schriber(Applicant); and WHEREAS, said Applicant requestedapproval of a Design Review Permit to allow the Applicant to remodel the front façade,including additional improvement elements around and adjacent to the structure,of the Vons Grocery store(Project) on said Project Site; and WHEREAS, notice of Zoning Administrator consideration of the Project was given by its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least 10 days prior to the hearing;and WHEREAS, the Zoning Administrator considered all reportsand evidence, and on November 3, 2015, approved Design Review Permit DR15-0010, in accordance with the findings and subject to the conditions contained in the Final Notice of Decision for DR15-0010; and WHEREAS, Kenny Ray and Mitch Compton filed an appeal of the Zoning Administrator’s Decision to Approve Design Review Permit DR15-0010 on November 18, 2015; and WHEREAS, the City Clerk set the timeand place for the public hearing on the appeal; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least 10 days prior to the hearing; and WHEREAS, the Chula Vista City Council held a duly noticed public hearing to consider said appeal at the time and place as advertised, namely March15, 2016,at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 269 Resolution No. 2016-______ Page 2 project qualifies for a Class 1 Categorical Exemption pursuant to 15301 (Existing Facilities) of the State CEQA Guidelines. The Project qualifies for a Class 1 Categorical Exemption because the Project proposes remodeling of an existing commercial building involving negligible or no expansion of the existing commercial use. Thus, no further environmental review is required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that under the provisions of Chula Vista Municipal Code (CVMC) Section 19.14.588.B, the appeal of Design Review Permit DR15-0010 is hereby DENIED based upon the Design Review Permit Findings of Fact, as follows: 1.That the proposed development is consistent with the development regulations of the Chula Vista Municipal Code, and other applicable regulatory documents. The City Council hereby finds the Project is consistent with the Zoning Ordinance, i.e., Chapter19 of the CVMC, because the Project proposes architectural design modifications to an existing building usedfor a commercial retail use that is permitted in the CCD zone. The Project includes remodeling of the entry façade and the front portion of the roof, re-painting of the exterior of the building, and the addition of exterior lighting and landscaping. No change to the existing building footprint, floor area, height, mechanical equipment and parking are proposed. Therefore the Project complies with the applicable development regulations of the Central Commercial-Design Control (CCD) zone. 2.The design features of the proposed development are consistent with, and are a cost effective method of satisfying the City of Chula Vista Design and Landscape Manuals. The City Council hereby finds that the Project includes replacing the existing wood roof shingles,wooden trellis façade elements, and roof-mounted wall sign, with a new standing seam metal roof with a tower element, new fascia and interior improvements, and an upgraded façade including cement plaster walls, cement plaster and flagstone entry columns, and expansions joints. Removal and re-installation of the existing wall sign is proposed for the tower element. The building will be re-painted with a variety of earth tone colors to match the existing shopping center. The Project also includes installation ofnew landscaping and lighting at the building entry. The proposed design will be consistent with architectural guidelines regarding compatibility with surrounding architecture, and building, façade and roof articulation. Thus, the proposed Project design is consistent with the commercial design guidelines of the Design Manual. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that the determination of the Zoning Administrator is hereby AFFIRMED, in accordance with the applicable design guidelines of the Design Manual and the Conditions of Approval specified in the Zoning Administrator Final Notice of Decision dated November 3, 2015, attached hereto and incorporated herein by this reference (Exhibit “2”). ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 270 Resolution No. 2016-______ Page 3 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 15thday of March, 2016, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Presented by:Approved as to form by: ________________________________________________________ Kelly Broughton, FASLAGlen R. Googins Director of Development Services City Attorney J:\\Planning\\Case Files\\-15(FY 14-15)\\DRC\\DR-15-0010VONS REMODEL\\DR15-0010 DRAFT CC RESOLUTION J:\\Attorney\\MichaelSh\\Compton-Vons ZA Appeal\\CC\\CC-Reso-VonsAppeal-2.29.16-FINAL.docx ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 271 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 272 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 273 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 274 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 275 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 276 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 277 City of Chula Vista Staff Report File#:16-0083, Item#: 10. CONSIDERATIONOFESTABLISHINGCOMMUNITYFACILITIESDISTRICTNO.17-I, DECLARINGTHERESULTSOFTHESPECIALELECTIONWITHINCFD17-IANDAUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN CFD 17-I (THE “FORMATION PROCEEDINGS”) A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAFORMING ANDESTABLISHINGCOMMUNITYFACILITIESDISTRICTNO.17-I(WESTERNCHULA VISTADIFFINANCINGPROGRAM)ANDAUTHORIZINGSUBMITTALOFTHELEVYOF SPECIALTAXESWITHINSUCHCOMMUNITYFACILITIESDISTRICTTOTHE QUALIFIED ELECTORS THEREOF B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACTINGIN ITSCAPACITYASTHELEGISLATIVEBODYOFCOMMUNITYFACILITIESDISTRICT NO.17-I(WESTERNCHULAVISTADIFFINANCINGPROGRAM)DECLARINGTHE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT C.ORDINANCEOFTHECITYOFCHULAVISTAACTINGASTHELEGISLATIVEBODY OFCOMMUNITYFACILITIESDISTRICTNO.17-I(WESTERNCHULAVISTADIF FINANCINGPROGRAM)AUTHORIZINGTHELEVYOFASPECIALTAXINSUCH COMMUNITY FACILITIES DISTRICT (FIRST READING) RECOMMENDED ACTION Councilconductthepublichearing,adoptresolutionA,directtheCityClerktoconductthespecial election;iflevyoftaxesisapprovedbyvoters,adoptresolutionBandplacetheordinanceonfirst reading. SUMMARY InApril2015,theCityCounciladoptedanamendmenttothemunicipalcodethatallowedtheCity CounciltodeferdevelopmentimpactfeesforprojectswithinWesternChulaVista.Thedeferralof impactsfeescanbeaccomplishedbyagreementorbyprojectsannexingintoaCommunityFacilities District(CFD).Atthattime,staffindicatedthatitwouldreturnatalaterdatewiththecurrentactionto establishaCFDthatwouldbeavailabletoprojectslocatedinindustrial,commercialandhighdensity residentialzoneslocatedthroughoutWesternChulaVistaandtheChulaVistaAutoParkarea.On February9,2016,theCounciladoptedResolutionsdeclaringitsintenttoformCFD17-Iandadopting aboundarymapfortheCFD.Thisitemwillincludeapublichearing,theadoptionofaresolution establishingsuchCFD,avoteonthelevyofspecialtaxeswithintheCFD,theadoptionofa resolutiondeterminingtheresultsofsuchelectionandanordinancetoauthorizethelevyofaspecial tax within the CFD. ENVIRONMENTAL REVIEW Environmental Notice City of Chula VistaPage 1 of 5Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 278 File#:16-0083, Item#: 10. Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecausetheactivityconsistsofa governmentalestablishedfeeprogramactivitywhichdoesnotinvolveanycommitmenttoany specificprojectwhichmayresultinapotentiallysignificantphysicalimpactontheenvironment. Therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,theactivityisnotsubject toCEQA.Thus,noenvironmentalreviewisrequired.Althoughenvironmentalreviewisnotrequired atthistime,oncethescopeofpotentialindividualprojectshasbeendefined,environmentalreview will be required for each project and the appropriate environmental determination will be made. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION InvestmentinWesternChulaVistacontinuestopresentafinancingchallengeforpotentialinvestors anddevelopers.Financingchallengesderiveprimarilyfromthelendingindustry’sincreasedequity requirementsimposeduponinfilldevelopmentprojectsinWesternChulaVista.Tohelpaddressthe additionalequityburdenbeingplacedoninfilldevelopmentinthesubjectarea,theCityCouncil adoptedanOrdinanceinApril2015thatallowsthedeferralofimpactfeestoincentivizefuture investmentinthisarea.Accordingly,staffenlistedthelegalservicesofBestBest&Krieger,and financialservicesfirmWilldanFinancialServices,toassiststaffinpreparingandbringingforwardthis item to initiate formation of the CFD. Thedeferralofthepaymentofimpactfeeswillreducetheadditionalequityburdenbyanamount equaltothefees.TheCFDwillalsoenablethedevelopertoshifttheimpactfeeburdenfromthe construction/developmentcostsideoftheirledgertotheoperatingsideofthedevelopment.TheCFD willnotbeutilizedasamechanismtoissuedebtbutratherasawaytofinanceimpactfeesovertime. TheCFDwillbeavailableforafiveyearwindowinwhichpropertyownerscanelecttoannexintothe District,unlessthetermoftheCFDisextendedbytheCityCouncil.Staffestimates,basedon projectsthathavebeenapprovedorareinthepipeline,approximately800residentialunitsand 300,000squarefeetofcommercialdevelopmentwillhavetheopportunitytoparticipateinthe programpriortoitsexpiration.Theseprojectsareanticipatedtoprovidethecomparablesnecessary to reduce the risk to the lending industry. TheCFDwilldeferthepaymentofthreeDevelopmentImpactFees(DIFs)-thePublicFacilities (PFDIF),theParklandAcquisitionandDevelopmentFee(PADFee)andaportionoftheWestern TransportationDIF(WTDIF).Newdevelopmentprojectswillalsocontinuetoberequiredtomitigate for on-site “direct” impacts. ThroughtheRegionalTransportationCongestionImprovementProgram(RTCIP),anelementofthe TransNetExtensionOrdinance,the18citiesandtheCountyofSanDiegoarerequiredtocollectan City of Chula VistaPage 2 of 5Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 279 File#:16-0083, Item#: 10. exactionfromtheprivatesectorforeachnewhousingunitconstructedintheirjurisdiction.TheCity haspreviouslyagreedtocollectaminimumamountoftheWTDIFrequiredfortheregionalarterial roadwaysystem.Inordertomeetthisobligationthecitywillcontinuetocollectapproximately60%of theWTDIFanddeferapproximately40%.Projectswillcontinuetomitigateforon-site“direct”impacts (i.e.turnpocket,trafficsignal,roadwidening)andpayfeesforitemssuchassewercapacity,school andwaterfees,whicharenoteligiblefordeferralundertheCFDprogramandwillcontinuetobepaid as part of any new development. OnFebruary9,2016,theCounciladoptedtworesolutionstoinitiateproceedingstoconsiderthe formationoftheCFD.Atthatmeeting,theCouncilapprovedaresolutionthatadoptedaboundary mapofthe“Core”propertytobeinitiallyincludedintheCFD.TheCorepropertyislocatedat980- 986Broadway,andwillinclude80condominiumunitsandapproximately2,100squarefeetofretail space.AsecondresolutionapprovedbytheCityCouncilexpressedtheCouncil’sintenttoformCFD 17-I.Inaseparatebutcorrespondingaction,theCounciladoptedresolutionsdeclaringtheirintentto authorizetheannexationFutureAnnexationAreastoallowadditionalpropertyownerstovoluntarily elect to annex individual project sites into the CFD at a future date. ThereareseveralactionstobetakenintheformationofCFD17-I.First,apublichearingwillbeheld relatingtotheestablishmentoftheDistrict,theextentoftheDistrict,thefinancingofthepaymentof certaindevelopmentimpactfeeobligationsdescribedaboveandallrelatedmatterstotheCFD formation.IfitisdeterminedthatamajorityprotesttotheformationoftheCFDhasnotbeenfiledby theownersofmorethanonehalfofacreageofthepropertyproposedtobeinitiallyincludedinthe CFD,theCityCouncilmayconsideraresolutionformingandestablishingtheCFD.Bytheadoption ofsuchresolution,theCityCouncilwill,amongotheractions,makecertaindeterminationspertaining totheCFD;confirmtheinitialboundariesoftheCFD,confirmthedevelopmentimpactfeesthe paymentofwhichareauthorizedtobefinancedbythepaymentofspecialtaxesleviedwithinthe CFD,authorize,subjecttotheapprovalofthequalifiedelectoroftheCFD,thelevyofspecialtaxes withintheCFDandcallaspecialelectiontobeheldimmediatelyfollowingtheadoptionofsuch resolution.Next,anelectionwillbeheldwiththeowneroftheCoreproperty.Theelectionwillbeto authorizethelevyofspecialtaxesandtoestablishthemaximumannualamountoftheamendedlevy (the “Gann Limit”). Thesecondresolutionwillbetoapprovetheresultsoftheelectionandentertheresultsofthe electionintotheminutes.Iftheelectionpasses,thefinalactionwillbethefirstreadingofan ordinanceauthorizingthelevyandcollectionofthespecialtaxes.Iftheelectionfails,nofurther action is required. DECISION-MAKER CONFLICT StaffhasdeterminedthatapotentialconflictofinterestmayexistforCouncilmemberMiesen becauseitmaybereasonablyforeseeablethatafinancialeffectonabusinessentityinwhich Councilmember Miesen has a financial interest may be material. Inadditiontotheabove,StaffhasreviewedthepropertyholdingsofalloftheCityCouncilmembers andhasfoundnorealpropertyholdingswithin500feetoftheboundariesoftherealpropertywhich isthesubjectofthisaction.Consequently,thisitemdoesnotpresentadisqualifyingrealproperty- relatedfinancialconflictofinterestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a) (11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.). City of Chula VistaPage 3 of 5Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 280 File#:16-0083, Item#: 10. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thedeferralofimpact feesfurtherstheEconomicVitalityinitiative2.1.2to“fosteropportunitiesforinvestmentinWestern ChulaVista”byremovingimpedimentsfordevelopmentprojectsinthesubjectarea,acceleratingthe completion of planned and future developments. CURRENT YEAR FISCAL IMPACT Allconsultantsandstafftimerelatedtothisactionarebeingfundedbyexistingappropriationsinthe Economic Development Department’s fiscal year 2015-16 budget. ONGOING FISCAL IMPACT TheWesternChulaVistaFinancingProgramwilldeferpaymentofthreedevelopmentimpactfees- thePFDIF,PADandapproximately40%oftheWTDIFforaperiodofthirtyyearsincurringtwo percentinterest,perannum,uponreceiptofoccupancy.Therewouldbenoobligationtomakea paymentonthedefermentinyears1through10however;thedeferredfeesarerequiredtoberepaid inyears11through30.Ifapropertyissoldorsubdivided,theobligationtorepaythefeesrunswith theland.Thenon-paymentperiodalignswithstandardcommerciallendingpractices.Itisanticipated the some projects will repay the deferred fees in year ten when the project is refinanced. Newdevelopmentsareassesseddevelopmentimpactfeesfortheincrementalimpactsresultingfrom saiddevelopment.Impactfeesdonotpayfororresolvethedeficienciesoffacilitiesthatmayexist today.Asstatedabove,allnewdevelopmentwillcontinuetomitigateforon-siteimpactsresulting from each respective project. Development Impact FeesDeferredCollected Western Transportation Development Impact Fee$140,000$240,000 (WTDIF) Western Parkland Acquisition and Dev. (WPAD)$1.0 m$0 Public Facilities Development Impact Fee (PFDIF)$1.0 m$0 Theabovetableillustratestheestimatedamountofimpactfeesthatwouldbedeferredasaresultof theCFDprogramona100unitmulti-familyresidentialproject.Aresidentialprojectwasused becauseitistheonlylandusethatischargedallthreedevelopmentimpactfeeprograms.Allother landuses(i.e.commercial,retailandhotels)areexemptfrompayingintotheWPADfundandare exemptfromcertainportionsofthePFDIF.ItisimportanttonotethattheCitywillstillcollectthefees due,withinterest,andasnotedintheEngineer’sReport(AttachmentA),therewillbeadequate fundingcollectedoverthelifeoftheCFDtoensurethatallanticipatedimprovementsarecompleted. Inaddition,staffhasreviewedthevariousfeeprogramsandthetimingoffacilitiesandhasconcluded that the CFD program would not result in the delay of building any new public facilities. Inconclusion,shouldtheCFDprogrambesuccessfulitisanticipatedtogeneratenewdevelopment which,wouldtranslateintoanincreaseinassessedvaluationandhaveapositiveimpactonthe City of Chula VistaPage 4 of 5Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 281 File#:16-0083, Item#: 10. neighboringpropertyvalueswhilealsoprovidingnewresidentsandemployeestohelpsupportthe surrounding businesses located along the retail corridors. ATTACHMENTS 1 - Hearing Report Staff Contact: Craig Ruiz, Principal Economic Development Specialist City of Chula VistaPage 5 of 5Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 282 City of Chula Vista Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) CFD Report 27368 Via Industria Suite 200 Temecula, CA 92590 T 951.587.3500 | 800.755.6864 F 951.587.3510 www.willdan.com/financial ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 283 TABLE OF CONTENTS I.I ............................................................................ 1 NTRODUCTION II.GD&BCFDN.17-I .............. 2 ENERAL ESCRIPTION OUNDARIES OF O III.DF ......................................................... 3 ESCRIPTION OF ACILITIES IV.CE ........................................................................ 4 OST STIMATES V.RMAST ............... 5 ATE AND ETHOD OF PPORTIONMENT OF PECIAL AX EXHIBITABM OUNDARY AP EXHIBITBFAA UTURE NNEXATION REA EXHIBITCRMA ATE AND ETHOD OF PPORTIONMENT ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 284 I.Introduction WHEREAS, the City Council of the City of Chula Vista City Council Part 1, of Division 2, of Title 5 of the Government Code of the State of California, as amended adopted a Resolution of Intention for the proposed formation of City of Chula Vista Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) CFD No. 17-I. WHEREAS, to the City Council and generally contains the following: 1.A brief description of Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) of the City of Chula Vista 17-I 2.A brief description of the Facilities required at the time of formation to meet the needs of CFD No. 17-I. 3.A brief description of the Boundaries of CFD 17-I; and 4.An estimate of the cost of financing the bonds used to pay for the Facilities, including all costs associated with formation of the District, issuance of bonds, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District, and any other incidental expenses to be paid through the proposed financing. For particulars, reference is made to the Resolution of Intention, Resolution No. 6301 as previously approved. All capitalized terms not defined herein are defined in the Rate and Method of Apportionment of Special Tax section (Exhibit C) of this report. NOW THEREFORE Willdan Financial Services, the appointed responsible firm directed to prepare the Report, pursuant to the provisions of the Code, does hereby submit the following: Page 1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 285 II.General Description & Boundaries of CFD No. 17-I A description of the exterior boundaries of the territory proposed for inclusion in CFD No. 17-I, including properties and parcels of land proposed to be subject to the levy of a Special Tax by CFD No. 17-I, is shown on the boundPROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING), which is on file in the office of the Clerk of the City Council of the City of Chula Vista and was recorded with the County Recorder of the County of San Diego in Book 45 of Maps of Assessment and Community Facilities Districts at page 26 and as Instrument Number 2016-7000074. A copy of the map is attached hereto as Exhibit A and hereby incorporated by reference. A description of the exterior boundaries of the future annexation area of CFD No. 17-I, including properties and parcels of land that may use an expedited process to annex to CFD No. 17-I, is FUTURE ANNEXATION AREA COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING) office of the Clerk of the City Council of the City of Chula Vista and was recorded with the County Recorder of the County of San Diego in Book 45 of Maps of Assessment and Community Facilities Districts at page 33 and as Instrument Number 2016-7000075. A copy of the map is attached hereto as Exhibit B and hereby incorporated by reference. Page 2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 286 III.Description of Facilities The General Description of the Facilities that may be acquired or constructed is as follows: the Public Facilities Development Impact Fee pursuant to Chula Vista Municipal Code ; the Western Transportation Development Impact Fee pursuant to CVMC section 3.55, et ; the Park Development Fee pursuant to CVMC section 17.10, et seq. ; Certain Incidental Expenses as such term is defined in Government Code Section 53317(e) and may include, but not be limited to, all costs associated with the establishment of the District; the costs of collecting any special taxes; and Costs otherwise incurred in order to carry out the authorized purposes of the District This description of the public capital facilities is general in nature. The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans and specifications may show substitutes in lieu of, or modifications to, proposed work. Any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in the Report. Page 3 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 287 IV.Cost Estimates The proceeds of CFD No. 17-I will be used to fund deferred development impact fees in the estimated amount of approximately $1,366,800. This amount may be revised at the time of Building Permit issuance to equal the exact fee amount to be deferred. Page 4 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 288 V.Rate and Method of Apportionment of Special Tax The Rate and Method of Apportionment (RMA) provide sufficient information to allow a property owner within CFD No. 17-I to estimate the Maximum Special Tax for his or her property. It also includes method of prepayment in full or prepayment in part and the procedure for prepayments. For particulars on the rate and method of apportionment, reference is made to Exhibit C of this report. Page 5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 289 EXHIBIT A Boundary Map ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 290 EXHIBIT B Future Annexation Area ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 291 292 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 293 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 294 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 295 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 296 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 297 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 298 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ EXHIBIT C Rate and Method of Apportionment ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 299 Rate and Method of Apportionment of Special Tax Community Facilities District No. 17-I (Western Chula Vista DIF Financing) A Special Tax shall be levied on each Community Facilities District No. 17-I (Western Chula Vista DIF Financing) of the City of Chula Vista (the cable to such procedures described below. All of the real property within CFD No. 17-I, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1. DEFINITIONS The terms hereinafter set forth have the following meanings: Deferred DIF Obligation from the date of the issuance or grant of a Certificate of Occupancy for such property as determined in accordance with Section 3.D below. or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map. An Acre means 43,560 square feet of land. means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. Annual Special Tax which is equal to the sum of the Annual Special Tax for Facilities and the Annual Special Tax for Accrued Interest in accordance with Section 3.E below. Annual Special Tax for Facilities Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the repayment of the Deferred DIF Obligation over the term of the Special Tax as set forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is prepaid pursuant to the provisions of Section 6 thereto. Annual Special Tax for Accrued Interest Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the repayment of the Accrued Interest Obligation over the term of the Special Tax as set forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is prepaid pursuant to the provisions of Section 6 thereto.. Annual Special Tax for Current Interest means the amou Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy A-1 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 300 the requirement to pay interest on unpaid deferred fees during the 20-year repayment period commencing with the Special Tax Commencement FY and ending on June 30th of the Special Tax Final Year. means the Assessor of the County of San Diego. means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. Number. means the number assigned to an Assessor's Parcel by the Assessor for purposes of identification. accordance with Section 3.B below. means a building permit issued by the City for construction of a Residential Unit or Non-Residential Property located within CFD No. 17-I. means all of the square footage of usable area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, or similar area. The determination of Building Square Footage shall be made by reference to the Building Permit(s) issued means a certificate issued or approval granted by the City, or other applicable government entity, that authorizes the actual occupancy of a Residential Unit for habitation by one or more residents or the occupancy of Non-Residential Property. means an authorized representative of the City, or designee thereof, responsible for determining the Assigned Special Tax Obligation and the Annual Special Tax, for preparing the Annual Special Tax roll and/or calculating the Backup Special Tax. -means the City of Chula Vista Community Facilities District No. 17-I (Western Chula Vista DIF Financing). means the City of Chula Vista, California. means the City Council of the City acting as the legislative body of CFD No. 17-I under the Act. means the County of San Diego, California. with Section 3.C below. means for each Fiscal Year, all Taxable Property for which a Building Permit was Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property. A-2 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 301 Development or shall mean, as to each DIF Deferral Agreement, the effective date of such agreement as specified therein. Special Taxes pursuant to Section 8 below. means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. means the period starting on July 1 and ending the following June 30. the accordance with Sections 3.A below. -means all Ass permit has been issued for the purpose of constructing one or more non-residential structures or facilities. -I that was assigned a Maximum Special Tax Obligation and an Assigned Special Tax Obligation in the prior Fiscal Year but has been subsequently subdivided into Successor Parcels for the current Fiscal Year. means the amount required to prepay the Annual Special Tax obligation in full 17-I owned in fee by a property owner association, including any master or sub-association. means any property within the boundaries of CFD No. 17-I, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. means all As has been issued for the purpose of constructing one or more Residential Units. means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental, separate from adjacent residential dwelling units. A-3 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 302 means any special tax levied within CFD No. 17-I pursuant to the Act and this Rate and Method of Apportionment of Special Tax. shall Property, the Fiscal Year falling after the first day of the eleventh calendar year after the Effective Date commencing on July 1 of nineteenth (19th) Fiscal Year following the Special Tax Commencement FY. of Developed Property to Parcels pursuant to Section 4 below. means the State of California. means all of the Assessor's Parcels within the boundaries of CFD No. 17-I, which are not exempt from the levy of the Special Tax pursuant to law or Section 8 below. means, for each Fiscal Year, all Taxable Property not classified as Developed Property. 2. LAND USE CLASSIFICATION Each Fiscal Year, beginning with Fiscal Year 2016--I shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below. 3. SPECIAL TAX RATES A. Maximum Special Tax Obligation The Maximum Special Tax Obligation applicable to an Assessor's Parcel subject to a DIF Deferral Agreement in the Initial Fiscal Year pursuant to Table 1 below. Table 1 Initial Fiscal Year Maximum Special Tax Obligation Maximum Special Tax Obligation 618-010-17 $1,600,000 Commencing on July 1 of the Fiscal Year following the Initial Interest Accrual Date, the Maximum amount equal to two percent (2%) of the Maximum Special Tax Obligation in effect for the prior Fiscal Year. A-4 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 303 B. Assigned Special Tax Obligation On July 1 of each Fiscal Year commencing the Special Tax Commencement FY, the CFD Administrator shall determine the Assigned Special Tax Obligation for that Fiscal Year. The Assigned Special Tax Obligation in any given Fiscal Year commencing the Special Tax Commencement FY shall be the sum of the Deferred DIF Obligation plus the Accrued Interest Obligation. If for any Fiscal Year the Assigned Special Tax Obligation is determined to be greater than the Maximum Special Tax Obligation, then the Assigned Special Tax Obligation shall be equal to the Maximum Special Tax Obligation. C. Deferred DIF Obligation Property shall be zero. The initial Deferred DIF Obligation applicable to an Assessor's Parcel classified as Developed Property shall be determined by the CFD Administrator at the time of issuance of a Building applicable DIFs specified in the DIF Deferral Agreement for each Building Permit issued for hin CFD No. 17-I. The amount of each DIF included in the DIF Fee effect at the time of issuance of such Building Permit. The Deferred DIF Obligation in any F Property shall be equal to the Deferred DIF Obligation in the prior Fiscal Year less any Annual Special Tax for Facilities payments made in the prior Fiscal Year. If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will also be reduced by the applicable amount of the Deferred DIF Obligation that was prepaid. D. Accrued Interest Obligation The Accrued Interest Obligation in the Initial Fiscal Year applicable t classified as Developed Property for which a Certificate of Occupancy has not been issued prior to July 1 of such Fiscal Year shall be zero. Property shall commence to accrue on the Initial Interest Accrual Date. The Accrued Interest be equal to two percent (2%) of the Deferred DIF Obligation as of July 1 of such Fiscal Year multiplied by a fraction the numerator of which is the number of calendar days from and including the Initial Interest Accrual Date to and including June 30th of such Fiscal Year and the denominator of which is 365. The Accrued Interest Obligation for each subsequent Fiscal Year prior to the Special Tax Commencement FY shall be equal to the Accrued Interest Obligation in the prior Fiscal Year plus two percent (2%) of the Deferred DIF Obligation as of July 1 of the prior Fiscal Year. The Accrued Interest Obligation in the Special Tax Commencement FY and each subsequent A-5 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 304 the Accrued Interest Obligation as of July 1 of the prior Fiscal Year less any Annual Special Tax for Accrued Interest payments made in the prior Fiscal Year. If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will also be reduced by the applicable amount of the Accrued Interest Obligation that was prepaid. E. Annual Special Tax The Annual Special Tax for Developed Property in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to (i) the Annual Special Tax for Facilities plus (ii) the Annual Special Tax for Accrued Interest plus (iii) the Annual Special Tax for Current Interest. The Annual Special Tax for Facilities in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Deferred DIF Obligation on July 1 of the Special Tax Commencement FY times the Repayment Rate in Table 2 below that corresponds with such Fiscal Year. In each subsequent Fiscal Year, the Annual Special Tax for Facilities will remain unchanged until the Deferred DIF Obligation is paid in full. The Annual Special Tax for Accrued Interest in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Accrued Interest Obligation on July 1 of the Special Tax Commencement FY times the Repayment Rate in Table 2 below that corresponds with such Fiscal Year. In each subsequent Fiscal Year, the Annual Special Tax for Accrued Interest will remain unchanged until the Accrued Interest Obligation is paid in full. The Annual Special Tax for Current Interest in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Deferred DIF Obligation on July 1 of such Fiscal Year times the Current Interest Rate in Table 2 below that corresponds with such Fiscal Year. A-6 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 305 Table 2 Amortization Table Current Interest Fiscal Year Repayment Rate Rate Initial Accrued Interest Obligation FY through the Fiscal Year 0% 0% preceding the Special Tax Commencement FY Special Tax Commencement FY through the Special Tax 5% 2% Final FY 4. METHOD OF APPORTIONMENT Commencing with the Special Tax Commencement FY and for each following Fiscal Year, the CFD Administrator shall apportion the Assigned Special Tax Obligation as set forth below. First: applicable to the current Fiscal Year will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in accordance with Section 3 above. Second: o the current Fiscal Year will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in accordance with Section 3 above as if such parcels still existed in their previous form. Third: The Maximum Special Tax Obligation and Assigned Special Tax Obligation that were calculated in the Second step above will be assigned to each applicable Successor Parcel based on the amount of Taxable Acreage contained in such Successor Parcel divided by the amount of Taxable Acreage contained in the relevant Original Parcel. The sum of the Maximum Special Tax Obligations of each group of Successor Parcels shall be equal to Maximum Special Tax Obligation of the applicable Original Parcel that was determined in the Second step. Likewise, the sum of the Assigned Special Tax Obligations of each group of Successor Parcels shall be equal to Assigned Special Tax Obligation of the applicable Original Parcel that was determined in the Second step. Fourth: cel of Developed Property at 100% of the applicable Annual Special Tax. Successor Parcels that are assigned a Maximum Special Tax Obligation and an Assigned Special Tax Obligation in the current Fiscal Year will be considered Original Parcels in the following Fiscal Year. A-7 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 306 Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against has been issued be increased as a result of a delinquency or default in the payment of the Special Tax -I by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults. 5. COLLECTION OF SPECIAL TAXES Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes. 6. PREPAYMENT OF SPECIAL TAX OBLIGATION A. Prepayment in Full Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. The Special Ta Undeveloped Property for which a Building Permit has been issued may be prepaid and the d pay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay, and designate or identify the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such providing this service. The Prepayment Amount (defined below) shall be calculated for each terms as defined below): Deferred DIF Obligation plus Accrued Interest Obligation plus Prepayment Administrative Fees and Expenses Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below) shall be calculated as follows: A-8 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 307 Step No.: 1. 2. O Undeveloped Property for which a Building Permit has been issued, compute the designated as Developed Property, based upon the Building Permit which has 3.Calculate the administrative fees and expenses of CFD No. 17-I, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 17-I, and the costs of recording any 4.The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed 5.The Prepayment Amount shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 3 shall be retained by CFD No. 17-I. The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax and the release Assessor's Parcel to pay the Special Tax shall cease. B. Partial Prepayment which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section 6.A, except that a partial prepayment shall be calculated according to the following formula: PP = (P-A) x F+A E These terms have the following meaning: PP = the partial prepayment P= the Prepayment Amount calculated according to Section 6.A E prepaying the Special Tax Obligation A = the Prepayment Administrative Fees and Expenses from Section 6.A shall notify the CFD percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax A-9 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 308 reasonable fee for providing this service. funds remitted to it according to Section 6.A., and (ii) indicate in the records of CFD No. 17-I that there has been a partial prepayment of the Special Tax Obligation and that the remaining - F) of the Deferred DIF Obligation and the Accrued Interest Obligation, shall continue to be levied on such A 7. TERM OF SPECIAL TAX The Special Tax shall be levied as long as necessary to satisfy the Assigned Special Tax Obligation for a period not to exceed thirty (30) Fiscal Years commencing with Special Tax Commencement FY, provided however that the Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined that all CFD No. 17-I obligations have been satisfied. 8. EXEMPTIONS places of worship and are exempt from ad valorem property taxes because they are owned by a asements making impractical their Property classified as Non-Residential Property as determined reasonably by the CFD Administrator. If the use of a classified as one of the uses set forth in the first paragraph of Section 8 above that would make such classified as Exempt Property and shall be deemed to be Taxable Property. 9. APPEALS Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her or shall first consult with the CFD Administrator regarding such error not later than thirty-six (36) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation the CFD Administrator determines that an error has occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in order to correct the error: (i) Year prior to the payment date, (ii) Require the CFD to reimburse the landowner for the amount of the overpayment to the extent of available CFD funds, or (iii) (s) in the amount of the overpayment. If following such consultation and action by the CFD Administrator the landowner believes such error still exists, such person may file a written notice of appeal with the City Council. Upon the receipt of such notice, the City Council or designee may establish such procedures as deemed necessary to A-10 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 309 undertake the review of any such appeal. If the City Council or designee determines an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of priority, in order to correct the error. The City Council or designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Council or designee shall be final. A-11 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 310 RESOLUTION NO. 2016-____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 17-I(WESTERN CHULA VISTA DIF FINANCING PROGRAM) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN SUCH COMMUNITY FACILITIES DISTRICT TO THE QUALIFIED ELECTORS THEREOF WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the “City Council”), has, by the adoption on February 9, 2016of Resolution No. 2016-018(the “Resolution of Intention”), previously declared its intention to form a community facilities district and ordered the preparation of a Community Facilities District Report relating to the initiation of proceedings to create such community facilities district pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”) and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the “Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community Facilities District Law”). This community facilities district shall hereinafter be referred to as Community Facilities District No. 17-I(Western Chula Vista DIF Financing Program) (the “District”); and, WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the financing of the payment of certain development impact fee obligations described herein below and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish such District; and, WHEREAS, all communications relating to the establishment of the District, the financing of such development impact fee obligations and the rate and method of apportionment of special tax proposed to be levied within the District have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings or thelevy of the special tax; and, WHEREAS, the Registrar of Voters of the County of San Diego has certified that there are no registered voters residing within the proposed boundaries of the District; and WHEREAS, inasmuch as there have been no registered voters residing within the territory of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within the District shall be submitted to the landowner of the District, such landowner being the qualified elector as authorized by law. 1 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 311 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1.Recitals. The above recitals are all true and correct. SECTION 2.Determinations. It is hereby determined by this City Council that: A.All prior proceedings pertaining to the formation of the District were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Community Facilities District Law, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B.The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Community Facilities District Law and as applied to the District and, therefore, the special tax proposed to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. C.The District as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts (the “Goals and Policies”), as amended. D.No registered voter hasresided within the territory of the District for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of the District shall be the landowners of the District as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the District. E.The time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the District. F.The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the District. SECTION 3.Community Facilities District Report.The Community Facilities District Report for the District (the “Report”), as now submitted by Willdan Financial Services, Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.5 for all future proceedings and all terms and contents are approved as set forth therein. 2 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 312 SECTION 4.Name of District.The City Council does hereby establish and declare the formation of the District known and designated as “Community Facilities District No. 17-I(Western Chula Vista DIF Financing Program).” SECTION 5.Boundaries of District.The boundaries of the District are generally described as follows: All property within the boundaries of Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program), as shown on a boundary map as previously approved by this City Council, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the County Recorder of the County of San Diego, at Page26of Book 45of the Book of Maps of Assessment and Community Facilities Districts for such Countyas Document No. 2016-7000074. SECTION 6.Description of the Development Impact Fee Obligations Authorized To Be Financed.A general description of the development impact fee obligations the payment of which are proposed to be financed under these proceedingsare those development impact feeobligations imposed by the City in connection with the approval of a development project to be developed on property located within the District. Such fees may include: (i) the Public Facilities Development Impact Fee pursuant to Chula Vista Municipal Code (“CVMC”) section 3.50, et seq. (“PFDIF”); (ii) the Western Transportation Development Impact Fee pursuant to CVMC section 3.55, et seq. (“WTDIF”); and (iii) the Park Development Fee pursuant to CVMC section 17.10, et seq. (“PAD” and together with the PFDIF andTDIF, the “DIFs” and the obligation to pay the DIFs, the “DIF Obligation”). The proceeds of the payment of the DIF Obligations will pay for facilities which this City Councilis authorized by law to contribute revenue to or to construct, own, or operate (the “DIF Facilities”). It is hereby further determined that the DIF Facilities are necessary to meet increased demands and needs placed upon the City as a result of development within the District. The cost of the payment of DIF Obligations includes certain Incidental Expenses as such term is defined in Government Code Section 53317(e) and may include, but not be limited to, all costs associated with the establishment of the District; the costs of collecting any special taxes; and costs otherwise incurred in order to carry out the authorized purposes of the District. SECTION 7.SPECIAL TAX.Except where funds are otherwise available, a special tax sufficient to finance the payment of the DIF Obligations and related Incidental Expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non-exempt real property in the District, is hereby authorized, subject to voter approval, to be levied annually within the boundaries of the District. For further particulars as to the rate and method of 3 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 313 apportionment of the proposed special tax (the “Rate and Method of Apportionment”) reference is made to the attached and incorporated Exhibit A, which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to clearly estimate the maximum amount that such person will have to pay. Under no circumstances will the special tax levied in any fiscal year against any residential parcel be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than 10 percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit or the equivalent for private residential use is issued for such parcel. The special taxes herein proposed, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner at this City Council or its designee shall determine, including, without limitation, direct billing of the affected property owners, and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista (the “City”), acting for and on behalf of the District. The special tax obligation for any parcel may be prepaid and permanently satisfied in whole or in part pursuant to the provisions therefor contained in the Rate and Method of Apportionment. Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California against the property within the District, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City Councilceases. SECTION 8.Special Tax Accountability Measures.Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 7 above: A. The special tax shall be levied for the specific purposes set forth in Section 7 above. B. The proceeds of the levy of such special tax shall be applied only to the specific applicable purposes set forth in Section 7 above. 4 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 314 C. The District shall establish a separate account into which the proceeds of such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the CityCouncil as required pursuant to Government Code Section 50075.3. SECTION 9.Preparation of Annual Tax Roll.The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: Engineering Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 (619) 691-5021 SECTION 10.Election.This City Councilherewith submits the levy of the special taxes to the qualified elector of the District, such elector being the landowner of the property within The District, with such landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the District. This City Councilhereby further directs that the ballot proposition relating to the levy of the above referenced special taxes within The Districtbe combined and consolidated with the proposition set forth in Section 11 below relating to the establishment of an appropriations limit for the District. The proposition related to the levy of the special taxes, together with a proposition to establish an appropriations limit for the District, shall be submitted to the qualified elector of the Districtat a special election to be held on (a) March 15, 2016, immediately following the adoption of this resolution or (b) such other date as the qualified elector and the City Clerk may mutually agree and such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If the proposition for the levy of the special taxes receives the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the special tax thereby approved may be levied as provided for in this Resolution. SECTION 11.Ballot Propositions. The ballot proposals to be submitted to the qualified elector of the Districtat the election shall generally be as follows: 5 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 315 PROPOSITION A Shall Community Facilities District No. 17-I(Western Chula Vista DIF Financing Program) of the City of Chula Vista, County of San Diego, State of California, subject to accountability measures set forth in California Government Code Section 50075.1, levy special taxes throughout such community facilities district pursuant to the method of apportioning the special tax set forth in Attachment A to this Official Ballot for the purpose of financing development impact fee obligations imposed by the City in connection with the approval of a development project to be developed on property located within the District. Such fees may include: (i) the Public Facilities Development Impact Fee pursuant to Chula Vista Municipal Code section 3.50, et seq.; (ii) the Western Transportation Development Impact Fee pursuant to CVMC section 3.55, et seq.; and (iii) the Parkland Acquisition & Development Fee pursuant to CVMC section 17.10, et seq.and the cost of administering the levy and collection of the special taxes and the District? PROPOSITION B Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for Community Facilities District No. 17-I(Western Chula Vista DIF Financing Program) of the City of Chula Vista, County of San Diego, State of California in the amount of $25,000,000? SECTION 12.Vote. The appropriate mark placed in the voting square before the word “YES” shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square before the word “NO” in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 13.Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for holding the above election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, including but not limited to, the following: A.Prepare and furnish the necessary election supplies for the conduct of the election. B.Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C.Furnish official ballots for the qualified elector of the District. D.Cause the official ballots to be presented to the qualified elector, as required by law. E.Receive the returns of the election and supplies. 6 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 316 F.Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G.Canvass the return of the election. H.Furnish a tabulation of the number of votes given in the election. I.Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. SECTION 14.Survival. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 15.Effective Date of Resolution. This Resolution shall become effective immediately upon its adoption. PREPARED BY:APPROVED AS TO FORM BY: ______________________________ Eric Crockett,Glen R. Googins, Director of Economic DevelopmentCity Attorney 7 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 317 EXHIBIT A RATE AND METHOD OF APPORTIONMENTOF SPECIAL TAX A-1 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 318 Rate and Method of Apportionment of Special Tax Community Facilities District No. 17-I (Western Chula VistaDIF Financing) A Special Tax shall be levied on each Assessor’s Parcel of Taxable Property within the boundaries of Community Facilities District No. 17-I (Western Chula Vista DIF Financing) of the City of Chula Vista (the “City”) and collected each Fiscal Year commencing in Special Tax Commencement FY applicable to such Assessor’s Parcel, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within CFD No. 17-I, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1. DEFINITIONS The terms hereinafter set forth have the following meanings: “Accrued Interest Obligation” means for each Assessor’s Parcel, the amount of interest accrued on the Deferred DIF Obligation from the date of the issuance or grant of a Certificate of Occupancy for such property as determined in accordance with Section 3.D below. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map. An Acre means 43,560 square feet of land. “Act”means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. “Annual Special Tax”means the Special Tax actually levied in any Fiscal Year on any Assessor’s Parcel which is equal to the sum of the Annual Special Tax for Facilities and the Annual Special Tax for Accrued Interest in accordance with Section 3.E below. “Annual Special Tax for Facilities”means the amount of the Special Tax levied on an Assessor’s Parcel of Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the repayment of the Deferred DIF Obligation over the term of the Special Tax as set forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is prepaid pursuant to the provisions of Section 6 thereto. “Annual Special Tax for Accrued Interest”means the amount levied on an Assessor’s Parcel of Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the repayment of the Accrued Interest Obligation over the term of the Special Tax as set A-2 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 319 forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is prepaid pursuant to the provisions of Section 6 thereto.. “Annual Special Tax for Current Interest”means the amount levied on an Assessor’s Parcel of Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the requirement to pay interest on unpaid deferred fees during the 20-year repayment period commencing with the Special Tax Commencement FY and ending on June 30th of the Special Tax Final Year. “Assessor” means the Assessor of the County of San Diego. “Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned mber. Assessor's Parcel Nu “Assessor's Parcel Map” means an official map of the Assessor designating parcels by Assessor’s Parcel Number. “Assessor's Parcel Number” means the number assigned to an Assessor's Parcel by the Assessor rposes of identification. for pu “Assigned Special Tax Obligation” means for each Assessor’s Parcel, the amount determined in Section 3.B below. accordance with “Building Permit”means a building permit issued by the City for construction of a Residential Unit Residential Property located within CFD No. 17-I. or Non- “Building Square Footage” means all of the square footage of usable area within the perimeter of residential structure, not including any carport, walkway, garage, overhang, or similar area. The a determination of Building Square Footage shall be made by reference to the Building Permit(s) issued for suchAssessor’s Parcel and/or by reference to appropriate records kept by the City. “Certificate of Occupancy”means a certificate issued or approval granted by the City, or other government entity, that authorizes the actual occupancy of a Residential Unit for applicable habitation by one or more residents or the occupancy of Non-Residential Property. “CFD Administrator” means an authorized representative of the City, or designee thereof, for determining the Assigned Special Tax Obligation and theAnnual Special Tax, for responsible preparing the Annual Special Tax roll and/or calculating the Backup Special Tax. “CFD No. 17-I” means the City of Chula Vista Community Facilities District No. 17-I (Western Chula Vista DIF Financing). “City”means the City of Chula Vista, California. “Council” means the City Council of the City acting as the legislative body of CFD No. 17-I under the Act. “County”means the County of San Diego, California. “Deferred DIF Obligation” means for each Assessor’s Parcel, the remaining balance of DIFs that A-3 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 320 have been deferred on such Assessor’s Parcel since Building Permit issuance as determined in accordance with Section 3.C below. “Developed Property” means for each Fiscal Year, all Taxable Property for which a Building Permit was issued prior to May 1 of the previous Fiscal Year. An Assessor’s Parcel classified as Developed Property but for which the Building Permit that caused such Assessor’s Parcel to be classified as Developed Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property. “DIF Deferral Agreement”means, as to an Assessor’s Parcel, the Agreement for Deferral of t Impact Fees by and between the owner of such Assessor’s Parcel and the City. Developmen “DIF”or “DIFs”shall, as to an Assessor’s Parcel, have the meaning given such terms in the DIF Deferral Agreement applicable to such Assessor’s Parcel. “Effective Date”shall mean, as to each DIF Deferral Agreement, the effective dateof such as specified therein. agreement “Exempt Property” means for each Fiscal Year, all Assessor’s Parcels designated as being exempt cial Taxes pursuant to Section 8 below. from Spe “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line t, pursuant to the Subdivision Map Act (California Government Code Section66410 et adjustmen seq.) or recordation of a condominium plan pursuant to California Civil Code4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the period starting on July 1 and ending the following June 30. “Initial Interest Accrual Date”shall mean, as to any Assessor’s Parcel of Developed Property, the which the Certificate of Occupancy for such Assessor’s Parcel is issued. date on “Initial Accrued Interest Obligation FY” shall mean, as to any Assessor’s Parcel of Developed Property, the Fiscal Year in which the Initial Interest Accrual Date for such Assessor’s Parcel falls. “Maximum Special Tax Obligation” means for each Assessor’s Parcel, the amount assigned in accordance with Sections 3.A below. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a permit has been issued for the purpose of constructing one or more non-residential building structures or facilities. “Original Parcel” means an Assessor’s Parcel within the boundaries of CFD No. 17-I that was assigned a Maximum Special Tax Obligation and an Assigned Special Tax Obligation in the prior Fiscal Year but has been subsequently subdivided into Successor Parcels for the current Fiscal Year. “Prepayment Amount” means the amount required to prepay the Annual Special Tax obligation in full for an Assessor’s Parcel as described in Section 6.A below. “Property Owner Association Property” means any Assessor’s Parcel within the boundaries of CFD No. 17-I owned in fee by a property owner association, including any master or sub-association. A-4 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 321 “Public Property” means any property within the boundariesof CFD No. 17-I, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building as been issued for the purpose of constructing one or more Residential Units. Permit h “Residential Unit” means each separate residential dwelling unit that comprises an independent of conveyance or rental, separate from adjacent residential dwelling units. facility capable “Special Tax” means any special tax levied within CFD No. 17-I pursuant to the Act and this Rate and Method of Apportionment of Special Tax. “Special Tax Commencement FY”shall mean, as to each Assessor’s Parcel classified as Developed the Fiscal Year falling after the first day of the eleventh calendar year after the Effective Property, Date of the DIF Deferral Agreement applicable to such Assessor’s Parcel. “Special Tax Final FY”shall mean, as to each Assessor’s Parcel of Developed Property, the Fiscal commencing on July 1 of nineteenth (19th) Fiscal Year following the Special Tax Year Commencement FY. “Special Tax Obligation” means the total obligation of an Assessor’s Parcel of Developed Property pay the Special Tax for the remaining term of the Special Tax applicable to such Assessor’s to Parcel. “Successor Parcel” means an Assessor’s Parcel created by the Subdivision of one or more Original ant to Section 4 below. Parcels pursu “State”means the State of California. “Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 17-I, t exempt from the levy of the Special Tax pursuant to law or Section 8 below. which are no “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Property. Developed 2. LAND USE CLASSIFICATION Each Fiscal Year, beginning with Fiscal Year 2016-17, each Assessor’s Parcel within CFD No. 17-I shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below. 3. SPECIAL TAX RATES A-5 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 322 A. Maximum Special Tax Obligation The Maximum Special Tax Obligation applicable to an Assessor's Parcel subject to a DIF Deferral Agreement in the Initial Fiscal Year applicable to such Assessor’s Parcel shall be determined pursuant to Table 1 below. Table 1 Initial Fiscal Year Maximum Special Tax Obligation Maximum Assessor’s Parcel No. Special Tax Obligation 618-010-171,600,000 Commencing on July 1 of the Fiscal Year following the Initial Interest Accrual Date, the Maximum Special Tax Obligation for such Assessor’s Parcel shall increase on July 1 of each Fiscal Year by an amount equal to two percent (2%) of the Maximum Special Tax Obligation in effect for the prior Fiscal Year. B. Assigned Special Tax Obligation On July 1 of each Fiscal Year commencing the Special Tax Commencement FY, the CFD Administrator shall determine the Assigned Special Tax Obligation for that Fiscal Year. The Assigned Special Tax Obligation in any given Fiscal Year commencing the Special Tax Commencement FY shall be the sum of the Deferred DIF Obligation plus the Accrued Interest Obligation. If for any Fiscal Year the Assigned Special Tax Obligation is determined to be greater than the Maximum Special Tax Obligation, then the Assigned Special Tax Obligation shall be equal to the Maximum Special Tax Obligation. C. Deferred DIF Obligation The Deferred DIF Obligation applicable to an Assessor’s Parcel classified as Undeveloped shall be zero. Property The initial Deferred DIF Obligation applicable to an Assessor's Parcel classified as DevelopedProperty shall be determined by the CFD Administrator at the time of issuance of a Building Permit for such Assessor’s Parcel. The Deferred DIF Obligation shall be equal to the sum of the applicable DIFs specified in the DIF Deferral Agreement for each Building Permit issued for Assessor’s Parcels within CFD No. 17-I. The amount of each DIF included in the DIF Fee Obligation for an Assessor’s Parcel shall be based on the fee schedule applicable to such DIF in effect at the time of issuance of such Building Permit. The Deferred DIF Obligation in any Fiscal Year applicable to an Assessor’s Parcel of Developed Property shall be equal to the Deferred DIF Obligation in the prior Fiscal Year less any Annual Special Tax for Facilities payments made in the prior Fiscal Year. A-6 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 323 If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will also be reduced by the applicable amount of the Deferred DIF Obligation that was prepaid. D. Accrued Interest Obligation The Accrued Interest Obligation in the Initial Fiscal Year applicable to an Assessor’s Parcel classified as Developed Property for which a Certificate of Occupancy has not been issued prior to July 1 of such Fiscal Year shall be zero. The Accrued Interest Obligation applicable toany Assessor’s Parcel classified as Developed Property shall commence to accrue on the Initial Interest Accrual Date. The Accrued Interest Obligation applicable to such Assessor’s Parcel in the Initial Accrued Interest Obligation FY shall be equal to twopercent (2%) of the Deferred DIF Obligation as of July 1 of such Fiscal Year multiplied by a fraction the numerator of which is the number of calendar days from and including the Initial Interest Accrual Date to and including June 30th of such Fiscal Yearand the denominator of which is 365. The Accrued Interest Obligation for each subsequent Fiscal Year prior to the Special Tax Commencement FY shall be equal to the Accrued Interest Obligation in the prior Fiscal Year plus two percent (2%) of the DeferredDIF Obligation as of July 1 of the prior Fiscal Year. The Accrued Interest Obligation in the Special Tax Commencement FY and each subsequent Fiscal Year applicable to an Assessor’s Parcel classified as Developed Property shall be equal to the Accrued Interest Obligation as of July 1 of the prior Fiscal Year less any Annual Special Tax for Accrued Interest payments made in the prior Fiscal Year. If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will also be reduced by the applicable amount of the Accrued Interest Obligation that was prepaid. E. Annual Special Tax The Annual Special Tax for Developed Property in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to (i) the Annual Special Tax for Facilities plus (ii) the Annual Special Tax for Accrued Interest plus (iii) the Annual Special Tax for Current Interest. The Annual Special Tax for Facilities in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Deferred DIF Obligation on July 1 of the Special Tax Commencement FY times the Repayment Rate in Table 2 below that corresponds with such Fiscal Year. In each subsequent Fiscal Year, the Annual Special Tax for Facilities will remain unchanged until the Deferred DIF Obligation is paid in full. The Annual Special Tax for Accrued Interest in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Accrued Interest Obligation on July 1 of the Special Tax Commencement FY times the Repayment Rate in Table 2 below that A-7 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 324 corresponds with such Fiscal Year. In each subsequent Fiscal Year, the Annual Special Tax for Accrued Interest will remain unchanged until the Accrued Interest Obligation is paid in full. The Annual Special Tax for Current Interest in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Deferred DIF Obligation on July 1 of such Fiscal Year times the Current Interest Rate in Table 2 below that corresponds with such Fiscal Year. Table 2 on Table Amortizati Current Interest Fiscal Year Repayment Rate Rate Initial Accrued Interest Obligation FY through the Fiscal Year 0%0% preceding the Special Tax Commencement FY Special Tax Commencement FY through the Special Tax 5%2% Final FY 4. METHOD OF APPORTIONMENT Commencing with the Special Tax Commencement FY and for each following Fiscal Year, the CFD Administrator shall apportion the Assigned Special Tax Obligation as set forth below. First:All Original Parcels that are reflected on the Assessor’s Parcel Maps applicable to the current Fiscal Year will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in accordance with Section 3 above. Second:All Original Parcels that are not reflected on the Assessor’s Parcel Maps applicable to the current Fiscal Year will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in accordance with Section 3 above as if such parcels still existed in their previous form. A-8 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 325 Third:The Maximum Special Tax Obligation and Assigned Special Tax Obligation that were calculated in the Second step above will be assigned to each applicable Successor Parcel based on the amount of Taxable Acreage contained in such Successor Parcel divided by the amount of Taxable Acreage contained in the relevant Original Parcel. The sum of the Maximum Special Tax Obligations of each group of Successor Parcels shall be equal to Maximum Special Tax Obligation of the applicable Original Parcel that was determined in the Second step. Likewise, the sum of the Assigned Special Tax Obligations of each group of Successor Parcels shall be equal to Assigned Special Tax Obligation of the applicable Original Parcel that was determined in the Second step. Fourth:The Special Tax shall be levied on each Assessor’s Parcel of Developed Property at 100% of the applicable Annual Special Tax. Successor Parcels that are assigned a Maximum Special Tax Obligation and an Assigned Special Tax Obligation in the current Fiscal Year will be considered Original Parcels in the following Fiscal Year. Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of a delinquency or default in the payment of the Special Tax applicable to any other Assessor’s Parcel within CFD No. 17-I by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults. 5. COLLECTION OF SPECIAL TAXES Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes. 6. PREPAYMENT OF SPECIAL TAX OBLIGATION A. Prepayment in Full Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or Undeveloped Property for which a Building Permit has been issued may be prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor’s Parcel only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel eligible to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay, and designate or identify the company or agency that will be acting as A-9 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 326 the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor’s Parcel within thirty (30) days of the request, and may charge a reasonable fee for providing this service. The Prepayment Amount (defined below) shall be calculated for each applicable Assessor’s Parcel or group of Assessor’s Parcels as summarized below (capitalized terms as defined below): Deferred DIF Obligation plus Accrued Interest Obligation plus Prepayment Administrative Fees and Expenses Total: equals Prepayment Amount As of the proposed date ofprepayment, the Prepayment Amount (defined in Step 14 below) shall be calculated as follows: Step No.: 1.Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. For Assessor’s Parcels of Developed Property, determine the Deferred 2. DIF Obligation and the Accrued Interest Obligation. For Assessor’s Parcels of Undeveloped Property for which a Building Permit has been issued, compute the Deferred DIF Obligation for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has already been issued for that Assessor’s Parcel. 3.Calculate the administrative fees and expenses of CFD No. 17-I, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 17-I, and the costs of recording any notices to evidence the prepayment and the redemption (the “Prepayment Administrative Fees”). 4.The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 1, 2 and 3 (the “Prepayment Amount”). 5.The Prepayment Amount shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 3 shall be retained by CFD No. 17-I. The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax and the release of the Special Tax lien on such Assessor’s Parcel, and the obligation of the owner of such Assessor's Parcel to pay the Special Tax shall A-10 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 327 cease. B. Partial Prepayment The Special Tax on an Assessor’s Parcel of Developed Property or Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section 6.A, except that a partial prepayment shall be calculated according to the following formula: PP = (P-A) x F+A E These terms have the following meaning: PP = the partial prepayment P= the Prepayment Amount calculated according to Section 6.A E F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the Special Tax Obligation A = the Prepayment Administrative Fees and Expenses from Section 6.A The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Special Tax Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax Obligation for an Assessor’s Parcel within sixty (60) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section 6.A., and (ii) indicate in the records of CFD No. 17-I that there has been a partial prepayment of theSpecial Tax Obligation and that the remaining Special Tax Obligation of such Assessor’s Parcel, equal to the outstanding percentage (1.00 -F) of the Deferred DIF Obligation and the Accrued Interest Obligation, shall continue to be levied on such Assessor’s Parcel in the same manner as before the Partial Prepayment. 7. TERM OF SPECIAL TAX The Special Tax shall be levied as long as necessary to satisfy the Assigned Special Tax Obligation for a period not to exceed thirty (30) Fiscal Years commencing with Special Tax Commencement FY, provided however that the Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined that all CFD No. 17-I obligations have been satisfied. 8. EXEMPTIONS The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels of Public Property, (ii) Assessor’s Parcels of Property Owner Association Property, or (iii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iv) Assessor’s Parcels with public or utility easements making A-11 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 328 impractical their utilization for other than the purposes set forth in the easement, and (v) Assessor’s Parcels of Developed Property classified as Non-Residential Property as determined reasonably by the CFD Administrator. If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in the first paragraph of Section 8 above that would make such Assessor’s Parcel eligible to be classified as Exempt Property, such Assessor’s Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property. 9. APPEALS Any landowner who pays the Special Tax andclaims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than thirty-six (36) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation the CFD Administrator determines that an error has occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in order to correct the error: (i)Amend the Special Tax levy on the landowner’s Assessor’s Parcel(s) for the current Fiscal Year prior to the payment date, (ii)Require the CFD to reimburse the landowner for the amount of the overpayment to the extent of available CFD funds, or (iii)Grant a credit against, eliminate or reduce the future Special Taxes on the landowner’s Assessor’s Parcel(s) in the amount of the overpayment. If following such consultation and action by the CFD Administrator the landowner believes such error still exists, such person may file a written notice of appeal with the City Council. Upon the receipt of such notice, the City Council or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. If the City Council or designee determines anerror still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of priority, in order to correct the error. The City Council or designee thereof shall interpret this Rate and Method of Apportionmentof Special Tax for purposes of clarifying any ambiguities and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Council or designee shall be final. A-12 60297.00044\\24510056.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 329 RESOLUTION NO. _________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the “City Council”), has previously undertaken proceedings to create and did establish a Community Facilities District pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”) and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the “Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community Facilities District Law”). This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) (the “District”); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified elector of the District separate propositions relating to the levy of special taxes within the District and the establishment of an appropriations limit for the District; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/3's vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1.Recitals. The above recitals are all true and correct. SECTION 2.Approval of Election Results. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit “A”, referenced and so incorporated. 1 60297.00044\\24510543.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 330 SECTION 3.Entry of Election Results in Minutes. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. PREPARED BY:APPROVED AS TO FORM BY: ______________________________ Eric Crockett,Glen R. Googins, Director of Economic DevelopmentCity Attorney 2 60297.00044\\24510543.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 331 EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) Theundersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM) SPECIAL ELECTION in said City, held March 15, 2016. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District in said City, and the whole number of votes cast for the Measures in said District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. 1.VOTES CAST ON PROPOSITION A:YES NO 2.VOTES CAST ON PROPOSITION B:YES NO WITNESS my hand this ________ day of __________________, 2016. __________________________________________ CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA A -1 60297.00044\\24510543.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 332 ORDINANCE NO. _________ ORDINANCE OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the “City Council”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the “Act”) andthe City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the “Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community Facilities District Law”). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 17-I (Western Chula Vista DIF Financing Program) (the “District”). NOW THEREFORE, the City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program), does hereby ordain as follows: SECTION 1.Authorization of Levy of Special Taxes. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rate and Method”). SECTION 2.Authorization to Annually Determine the Special Tax. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method. SECTION 3.Collection of Special Taxes. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4.Special Tax Lien. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways 1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 333 Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5.This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall certify to the passage and adoption of this Ordinance and cause this Ordinance to be published or posted pursuant to the provisions of Chula Vista’s City Charter, Section 312(b). Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on March 15, 2016; Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on the ______ day of ________________, 2015, by the following vote: PREPARED BY:APPROVED AS TO FORM BY: ______________________________ Eric Crockett,Glen R. Googins, Director of Economic DevelopmentCity Attorney 2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 334 EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM) A -1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 335 Rate and Method of Apportionment of Special Tax Community Facilities District No. 17-I (Western Chula VistaDIF Financing) A Special Tax shall be levied on each Assessor’s Parcel of Taxable Property within the boundaries of Community Facilities District No. 17-I (Western Chula Vista DIF Financing) of the City of Chula Vista (the “City”) and collected each Fiscal Year commencing in Special Tax Commencement FY applicable to such Assessor’s Parcel, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the realproperty within CFD No. 17-I, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1. DEFINITIONS The terms hereinafter set forth have the following meanings: “Accrued Interest Obligation” means for each Assessor’s Parcel, the amount of interest accrued on the Deferred DIF Obligation from the date of the issuance or grant of a Certificate of Occupancy for such property as determined in accordance with Section 3.D below. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map. An Acre means 43,560 square feet of land. “Act”means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. “Annual Special Tax”means the Special Tax actually levied in any Fiscal Year on any Assessor’s Parcel is equal to the sum of the Annual Special Tax for Facilities and the Annual Special Tax for which Accrued Interest in accordance with Section 3.E below. “Annual Special Tax for Facilities”means the amount of the Special Tax levied on anAssessor’s Parcel of Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the repayment of the Deferred DIF Obligation over the term of the Special Tax as set forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is prepaid pursuant to the provisions of Section 6 thereto. “Annual Special Tax for Accrued Interest”means the amount levied on an Assessor’s Parcel of Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the repayment of the Accrued Interest Obligation over the term of the Special Tax as set forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is prepaid pursuant to the provisions of Section 6 thereto.. A -2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 336 “Annual Special Tax for Current Interest”means the amount levied on an Assessor’s Parcel of Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the requirement to pay interest on unpaid deferred fees during the 20-year repayment period commencing with the Special Tax Commencement FY and ending on June 30th of the Special Tax Final Year. “Assessor”means the Assessor of the County of San Diego. “Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. “Assessor's Parcel Map” means an official map of the Assessor designating parcels by Assessor’s Parcel Number. “Assessor's Parcel Number” means the number assigned to an Assessor's Parcel by the Assessor for purposes of identification. “Assigned Special Tax Obligation” means for each Assessor’s Parcel, the amount determined in accordance with Section 3.B below. “Building Permit”means a building permit issued by the City for construction of a Residential Unit or Non-Residential Property located within CFD No. 17-I. “Building Square Footage” means all of the square footage of usable area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, or similar area. The determination of Building Square Footage shall be made by reference to the Building Permit(s) issued for such Assessor’s Parcel and/or by reference to appropriate records kept by the City. “Certificate of Occupancy”means a certificate issued or approval granted by the City, or other applicable government entity, that authorizes the actual occupancy of a Residential Unit for habitation by one or more residents or the occupancy of Non-Residential Property. “CFD Administrator” means an authorized representative of the City, or designee thereof, responsible determining the Assigned Special Tax Obligation and the Annual Special Tax, for preparing the for Annual Special Tax roll and/or calculating the Backup Special Tax. “CFD No. 17-I” means the City of Chula Vista Community Facilities District No. 17-I (Western Chula Vista DIF Financing). “City”means the City of Chula Vista, California. “Council”means the City Council of the City acting as the legislative body ofCFD No. 17-I under the Act. “County”means the County of San Diego, California. “Deferred DIF Obligation” means for each Assessor’s Parcel, the remaining balance of DIFs that have deferred on such Assessor’s Parcel since Building Permit issuance as determined in accordance been with Section 3.C below. “Developed Property” means for each Fiscal Year, all Taxable Property for which a Building Permit was issued prior to May 1 of the previous Fiscal Year. An Assessor’s Parcel classified as Developed Property but for which the Building Permit that caused such Assessor’s Parcel to be classified as Developed A -3 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 337 Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property. “DIF Deferral Agreement”means, as to an Assessor’s Parcel, the Agreement for Deferral of Development Impact Fees by and between the owner of such Assessor’s Parcel and the City. “DIF”or “DIFs”shall, as to an Assessor’s Parcel, have the meaning given suchterms in the DIF Deferral Agreement applicable to such Assessor’s Parcel. “Effective Date”shall mean, as to each DIF Deferral Agreement, the effective date of such agreement as specified therein. “Exempt Property” means for each Fiscal Year, all Assessor’s Parcels designated as being exempt from Special Taxes pursuant to Section 8 below. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the period starting on July 1 andending the following June 30. “Initial Interest Accrual Date”shall mean, as to any Assessor’s Parcel of Developed Property, the date on which the Certificate of Occupancy for such Assessor’s Parcel is issued. “Initial Accrued Interest Obligation FY” shall mean, as to any Assessor’s Parcel of Developed Property, the Fiscal Year in which the Initial Interest Accrual Date for such Assessor’s Parcel falls. “Maximum Special Tax Obligation” means for each Assessor’s Parcel, the amount assigned in accordance with Sections 3.A below. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building has been issued for the purpose of constructing one or more non-residential structures or permit facilities. “Original Parcel” means anAssessor’s Parcel within the boundaries of CFD No. 17-I that was assigned a Special Tax Obligation and an Assigned Special Tax Obligation in the prior Fiscal Year but has Maximum been subsequently subdivided into Successor Parcels for the current Fiscal Year. “Prepayment Amount” means the amount required to prepay the Annual Special Tax obligation in full for an Assessor’s Parcel as described in Section 6.A below. “Property Owner Association Property” means any Assessor’s Parcel within the boundaries of CFD No. 17-I owned in fee by a property owner association, including any master or sub-association. “Public Property” means any property within the boundaries of CFD No. 17-I, which is owned by, or offered for dedication to the federal government, the State of California, the County, the irrevocably City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more Residential Units. A -4 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 338 “Residential Unit” means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental, separate from adjacent residential dwelling units. “Special Tax” means any special tax levied within CFD No. 17-I pursuant to the Act and this Rate and Method of Apportionment of Special Tax. “Special Tax Commencement FY”shall mean, as to each Assessor’s Parcel classified as Developed Property, the Fiscal Year falling after the first day of the eleventh calendar year after the Effective Date of the DIF Deferral Agreement applicable to such Assessor’s Parcel. “Special Tax Final FY”shall mean, as to each Assessor’s Parcel of Developed Property, the Fiscal Year commencing on July 1 of nineteenth (19th) Fiscal Year following the Special Tax Commencement FY. “Special Tax Obligation” means the total obligation of an Assessor’s Parcel of Developed Property to pay the Special Tax for the remaining term of the Special Tax applicable to such Assessor’s Parcel. “Successor Parcel” means an Assessor’s Parcel created by the Subdivision of one or more Original Parcels pursuant to Section 4 below. “State”means the State of California. “Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 17-I, which are not exempt from the levy of the Special Tax pursuant to law or Section 8 below. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property. 2. LAND USE CLASSIFICATION Each Fiscal Year, beginning with Fiscal Year 2016-17, each Assessor’s Parcel within CFD No. 17-I shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxesin accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below. 3. SPECIAL TAX RATES A. Maximum Special Tax Obligation The Maximum Special Tax Obligation applicable to an Assessor's Parcel subject to a DIF Deferral Agreement in the Initial Fiscal Year applicable to such Assessor’s Parcel shall be determined pursuant to Table 1 below. Table 1 Initial Fiscal Year Maximum Special Tax Obligation Maximum Assessor’s Parcel No. Special Tax Obligation 618-010-171,600,000 A -5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 339 Commencing on July 1 of the Fiscal Year following the Initial Interest Accrual Date, the Maximum Special Tax Obligation for such Assessor’s Parcel shall increase on July 1 of each Fiscal Year by an amount equal to two percent (2%) of the Maximum Special Tax Obligation in effect for the prior Fiscal Year. B. Assigned Special Tax Obligation On July 1 of each Fiscal Year commencing the Special Tax Commencement FY, the CFD Administrator shall determine the Assigned Special Tax Obligation for that Fiscal Year. The Assigned Special Tax Obligation in any given Fiscal Year commencing the Special Tax Commencement FY shall be the sum of the Deferred DIF Obligation plus the Accrued Interest Obligation is determined to be greater Obligation. If for any Fiscal Year the Assigned Special Tax than the Maximum Special Tax Obligation, then the Assigned Special Tax Obligation shall be equal to the Maximum Special Tax Obligation. C. Deferred DIF Obligation The Deferred DIF Obligation applicable to an Assessor’s Parcel classified as Undeveloped Property shall be zero. initial Deferred DIF Obligation applicable to an Assessor's Parcel classified as Developed The Property shall be determined by the CFD Administrator at the time of issuance of a Building Permitfor such Assessor’s Parcel. The Deferred DIF Obligation shall be equal to the sum of the applicable DIFs specified in the DIF Deferral Agreement for each Building Permit issued for Assessor’s Parcels within CFD No. 17-I. The amount of each DIF included in the DIF Fee Obligation for an Assessor’s Parcel shall be based on the fee schedule applicable to such DIF in effect at the time of issuance of such Building Permit. The Deferred DIF Obligation in any Fiscal Year applicable to an Assessor’s Parcel of Developed Property shall be equal to the Deferred DIF Obligation in the prior Fiscal Year less any Annual Special Tax for Facilities payments made in the prior Fiscal Year. If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will also be reduced by the applicable amount of the Deferred DIF Obligation that was prepaid. D. Accrued Interest Obligation The Accrued Interest Obligation in the Initial Fiscal Year applicable to an Assessor’s Parcel as Developed Property for which a Certificate of Occupancy has not been issued prior classified to July 1 of such Fiscal Year shall be zero. The Accrued Interest Obligation applicable to any Assessor’s Parcel classified as Developed Property shall commence to accrue on the Initial Interest Accrual Date. The Accrued Interest Obligation applicable to such Assessor’s Parcel in the Initial Accrued Interest Obligation FY shall be equal to two percent (2%) of the Deferred DIF Obligation as of July 1 of such Fiscal Year multiplied by a fraction the numerator of which is the number of calendar days from and including the Initial Interest Accrual Date to and including June 30th of such Fiscal Year and the denominator of which is 365. The Accrued Interest Obligation for each subsequent Fiscal Year A -6 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 340 prior to the Special Tax Commencement FY shall be equal to the Accrued Interest Obligation in the prior Fiscal Year plus two percent (2%) of the Deferred DIF Obligation as of July 1 of the prior Fiscal Year. The Accrued Interest Obligation in the Special Tax Commencement FY and each subsequent Fiscal Year applicable to an Assessor’s Parcel classified as Developed Property shall be equal to the Accrued Interest Obligation as of July 1 of the prior Fiscal Year less any Annual Special Tax for Accrued Interest payments made in the prior Fiscal Year. If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will also be reduced by the applicable amount of the Accrued Interest Obligation that was prepaid. E. Annual Special Tax The Annual Special Tax for Developed Property in any Fiscal Year commencing the Special Tax FY shall be equal to (i) the Annual Special Tax for Facilities plus (ii) the Annual Commencement Special Tax for Accrued Interest plus (iii) the Annual Special Tax for Current Interest. The Annual Special Tax for Facilities in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Deferred DIF Obligation on July 1 of the Special Tax Commencement FY times the Repayment Rate in Table 2 belowthat corresponds with such Fiscal Year. In each subsequent Fiscal Year, the Annual Special Tax for Facilities will remain unchanged until the Deferred DIF Obligation is paid in full. The Annual Special Tax for Accrued Interest in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Accrued Interest Obligation on July 1 of the Special Tax Commencement FY times the Repayment Rate in Table 2 below that corresponds with such Fiscal Year. In each subsequent Fiscal Year, the Annual Special Tax for Accrued Interest will remain unchanged until the Accrued Interest Obligation is paid in full. The Annual Special Tax for Current Interest in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Deferred DIF Obligation on July 1 of such Fiscal Year times the Current Interest Rate in Table 2 below that corresponds with such Fiscal Year. Table 2 Amortization Table Current Interest Fiscal Year Repayment Rate Rate Initial Accrued Interest Obligation FY through the Fiscal Year 0%0% preceding the Special Tax Commencement FY Special Tax Commencement FY through the Special Tax 5%2% Final FY A -7 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 341 4. METHOD OF APPORTIONMENT Commencing with the Special Tax Commencement FY and for each following Fiscal Year, the CFD Administrator shall apportion the Assigned Special Tax Obligation as set forth below. First:All Original Parcels that are reflected on the Assessor’s Parcel Maps applicable to the current Fiscal Year will be assigned a Maximum Special Tax Obligation and AssignedSpecial Tax Obligation in accordance with Section 3 above. Second:All Original Parcels that are not reflected on the Assessor’s Parcel Maps applicable to the current Fiscal Year will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in accordance with Section 3 above as if such parcels still existed in their previous form. Third:The Maximum Special Tax Obligation and Assigned Special Tax Obligation that were calculated in the Second step above will be assigned to each applicable Successor Parcel based on the amount of Taxable Acreage contained in such Successor Parcel divided by the amount of Taxable Acreage contained in the relevant Original Parcel. The sum of the Maximum Special Tax Obligations of each group of Successor Parcels shall be equal to Maximum Special Tax Obligation of the applicable Original Parcel that was determined in the Second step. Likewise, the sum of the Assigned Special Tax Obligations of each group of Successor Parcels shall be equal to Assigned Special Tax Obligation of the applicable Original Parcel that was determined in the Second step. Fourth:The Special Tax shall be levied on each Assessor’s Parcel of Developed Property at 100% of the applicable Annual Special Tax. Successor Parcels that are assigned a Maximum Special Tax Obligation and an Assigned Special Tax Obligation in the current Fiscal Year will be considered Original Parcels in the following Fiscal Year. Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of a delinquency or default in the payment of the Special Tax applicable to any other Assessor’s Parcel within CFD No. 17-I by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults. 5. COLLECTION OF SPECIAL TAXES Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes. 6. PREPAYMENT OF SPECIAL TAX OBLIGATION A. Prepayment in Full Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or Undeveloped Property for which a Building Permit has been issued may be prepaid and the A -8 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 342 obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor’s Parcel only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel eligible to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay, and designate or identify the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor’s Parcel within thirty (30) days of the request, and may charge a reasonable fee for providing this service. The Prepayment Amount (defined below) shall be calculated for each applicable Assessor’s Parcel or group of Assessor’s Parcels as summarized below (capitalized terms as defined below): Deferred DIF Obligation plus Accrued Interest Obligation plus Prepayment Administrative Fees and Expenses Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below) shall be calculated as follows: Step No.: 1.Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. 2.For Assessor’s Parcels of Developed Property, determine the Deferred DIF Obligation and the Accrued Interest Obligation. For Assessor’s Parcels of Undeveloped Property for whicha Building Permit has been issued, compute the Deferred DIF Obligation for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has already been issued for that Assessor’s Parcel. 3.Calculatethe administrative fees and expenses of CFD No. 17-I, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 17-I, and the costs of recording any notices to evidence the prepaymentand the redemption (the “Prepayment Administrative Fees”). 4.The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 1, 2 and 3 (the “Prepayment Amount”). 5.The Prepayment Amount shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 3 shall be retained by CFD No. 17-I. The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor's Parcel for which theSpecial Tax Obligation is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment ofthe Special Tax and the release A -9 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 343 of the Special Tax lien on such Assessor’s Parcel, and the obligation of the owner of such Assessor's Parcel to pay the Special Tax shall cease. B. Partial Prepayment The Special Tax on an Assessor’s Parcel of Developed Property or Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section 6.A, except that a partial prepayment shall be calculated according to the following formula: -A) x F+A PP = (P E These terms have the following meaning: PP = the partial prepayment = the Prepayment Amount calculated according to Section 6.A P E F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the Special Tax Obligation A = the Prepayment Administrative Fees and Expenses from Section 6.A The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Special Tax Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax Obligation for an Assessor’s Parcel within sixty (60) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section 6.A., and (ii) indicate in the records of CFD No. 17-I that there has been a partial prepayment of the Special Tax Obligation and that the remaining Special Tax Obligation of such Assessor’s Parcel, equal to the outstanding percentage (1.00 -F) of the Deferred DIF Obligation and the Accrued Interest Obligation, shall continue to be levied on such Assessor’s Parcel in the same manner as before the Partial Prepayment. 7. TERM OF SPECIAL TAX The Special Tax shall be levied as long as necessary to satisfy the Assigned Special Tax Obligation for a period not to exceed thirty (30) Fiscal Years commencing with Special Tax Commencement FY, provided however that the Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined that all CFD No. 17-I obligations have been satisfied. 8. EXEMPTIONS The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels of Public Property, (ii) Assessor’s Parcels of Property Owner Association Property, or (iii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, and (v) Assessor’s Parcels of A -10 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 344 Developed Property classified as Non-Residential Property as determined reasonably by the CFD Administrator. If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in the first paragraph of Section 8 above that would make such Assessor’s Parcel eligible to be classified as Exempt Property, such Assessor’s Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property. 9. APPEALS Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall firstconsult with the CFD Administrator regarding such error not later than thirty-six (36) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation the CFD Administrator determines that an error has occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in order to correct the error: (i)Amend the Special Tax levy on the landowner’s Assessor’s Parcel(s) for the current Fiscal Year prior to the payment date, (ii)Require the CFD to reimburse the landowner for the amount of the overpayment to the extent of available CFD funds, or (iii)Grant a credit against, eliminate or reduce the future Special Taxes on the landowner’s Assessor’s Parcel(s) in the amount of the overpayment. If following such consultation and action by the CFD Administrator the landowner believes such error still exists, such person may file a written notice of appeal with the City Council. Upon the receipt of such notice, the City Council or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. If the City Council or designee determines an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of priority, in order to correct the error. The City Council or designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Council or designee shall be final. A -11 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 345 City of Chula Vista Staff Report File#:16-0084, Item#: 11. CONSIDERATIONOFAUTHORIZINGTHEANNEXATIONINTHEFUTUREOFCERTAIN TERRITORY TO CFD NO. 17-I (THE “FUTURE ANNEXATION AUTHORIZATION PROCEEDINGS”) RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACTINGINITS CAPACITYASTHELEGISLATIVEBODYOFCOMMUNITYFACILITIESDISTRICTNO.17-I (WESTERNCHULAVISTADIFFINANCINGPROGRAM),AUTHORIZINGTHEANNEXATIONOF TERRITORY IN THE FUTURE TO SUCH COMMUNITY FACILITIES DISTRICT RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY InApril2015,theCityCounciladoptedanamendmenttothemunicipalcodethatallowedtheCity CounciltodeferdevelopmentimpactfeesforprojectswithinWesternChulaVista.Thedeferralof impactfeescanbeaccomplishedbyagreementorbyprojectsannexingintoaCommunityFacilities District.Atthattime,staffindicatedthatitwouldreturnatalaterdatewiththecurrentactionto establishsuchaCommunityFacilitiesDistrictthatwouldbeavailabletoprojectslocatedinindustrial, commercialandhighdensityresidentialzoneslocatedthroughoutWesternChulaVistaandthe ChulaVistaAutoParkarea.OnFebruary9,2016,theCounciladoptedResolutionsthatdeclaredits intenttoconsidertheproposedBoundaryofFutureAnnexationAreasandintenttoauthorizethe annexation of such territory into the CFD in the future. ENVIRONMENTAL REVIEW Environmental Notice Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental review is required. Environmental Determination TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as definedunderSection15378oftheStateCEQAGuidelinesbecausetheactivityconsistsofa governmentalfeedeferralagreementprogramand/orannexationactivitywhichdoesnotinvolveany commitmenttoanyspecificprojectwhichmayresultinapotentiallysignificantphysicalimpactonthe environment.Therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,theactivity isnotsubjecttoCEQA.Thus,noenvironmentalreviewisrequired.Althoughenvironmentalreviewis notrequiredatthistime,oncethescopeofpotentialindividualprojectshasbeendefined, environmentalreviewwillberequiredforeachprojectandtheappropriateenvironmental determination will be made. City of Chula VistaPage 1 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 346 File#:16-0084, Item#: 11. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION InvestmentinWesternChulaVistacontinuestopresentafinancingchallengeforpotentialinvestors anddevelopers.Financingchallengesderiveprimarilyfromthelendingindustry’sincreasedequity requirementsimposeduponinfilldevelopmentprojectsinWesternChulaVista.Tohelpaddressthe additionalequityburdenbeingplacedoninfilldevelopmentinthesubjectarea,theCityCouncil adoptedanOrdinanceinApril2015thatallowsthedeferralofimpactfeestoincentivizefuture investmentinthisarea.Accordingly,staffenlistedthelegalservicesofBestBest&Krieger,and financialservicesfirmWilldanFinancialServices,toassiststaffinpreparingandbringingforwardthis item to initiate formation of the CFD. Thedeferralofthepaymentofimpactfeeswillreducetheadditionalequityburdenbyanamount equaltothefees.TheCFDwillalsoenablethedevelopertoshifttheimpactfeeburdenfromthe construction/developmentcostsideoftheirledgertotheoperatingsideofthedevelopment.TheCFD willnotbeutilizedasamechanismtoissuedebtbutratherasawaytofinanceimpactfeesovertime. TheCFDwillbeavailableforafiveyearwindowinwhichpropertyownerscanelecttoannexintothe CFD,unlessthetermoftheCFDisextendedbytheCityCouncil.Itisanticipatedthatthislimitation willprovideenoughtimeforprojectscurrentlyinprocessandthosepreviouslyapprovedtobe constructed,soldand/orleasedout.Theseprojectswillprovidethecomparablesnecessaryto reducetherisktothelendingindustry.Oncelendingstandardsareinaccordancewithothermarkets, the CFD financing mechanism will no longer be necessary. TheCFDwilldeferthepaymentofthreeDevelopmentImpactFees(DIFs)-thePublicFacilities (PFDIF),theParklandAcquisitionandDevelopmentFee(PADFee)andaportionoftheWestern TransportationDIF(WTDIF).Newdevelopmentprojectswillcontinuetomitigateforon-siteimpacts. ThroughtheRegionalTransportationCongestionImprovementProgram(RTCIP),anelementofthe TransNetExtensionOrdinance,the18citiesandtheCountyofSanDiegoarerequiredtocollectan exactionfromtheprivatesectorforeachnewhousingunitconstructedintheirjurisdiction.Thus,for theWTDIFProgram,theCityagreestocollectaminimumamountoffeesrequiredfortheregional arterialroadwaysystem.TheCity’sWTDIFfeeisapproximately40%greatertheminimumamount required.Therefore,theCitywillcollectapproximately60%oftheWTDIFforeachhighdensity residentialunitfortheWTDIF.Additionally,itemssuchassewercapacityfeesandtrafficsignalare noteligiblefordeferralundertheCFDprogramandwillcontinuetobepaidaspartofanynew development. OnFebruary9,2016,theCounciladoptedtworesolutionsregardingfutureannexationareasofthe CFD.Atthatmeeting,thecouncilapprovedaresolutionthatadoptedaboundarymapofthoseareas withinWesternChulaVistathatmaybeannexedtotheCFD.Asecondresolutionapprovedbythe CityCounciltoapproveFutureAnnexationAreastoallowadditionalpropertyownerstovoluntarily electtoannexindividualprojectsiteswithinsuchFutureAnnexationAreasintotheCFDatafuture date. Fortheattachedresolution,apublichearingwillbeheldrelatingtotheFutureAnnexationAreas.The hearingwillallowfortestimonyregardingtheboundariesoftheFutureAnnexationAreas,the City of Chula VistaPage 2 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 347 File#:16-0084, Item#: 11. descriptionofthedevelopmentimpactfeesfortheCFD,thelevyofspecialtaxes,andthe accountabilitymeasurespertainingtothelevybytheDistrictofthespecialtaxes.Futurequalified projectswillbeallowedtoannexintothedistrict,withoutthenecessityofapublichearing,provided theapplicantentersintothestandardagreementforDeferralofDevelopmentImpactFeesapproved attheFebruary9,2016CityCouncilmeeting.TheCityCouncilwillberequiredtoapproveeachsuch annexation. SubsequenttoCouncilapprovingtheresolutionofintent,staffreceivedfeedbackthatsinglefamily neighborhoodsinwesternChulaVistawouldbewellservedbyanincentiveprogramtoencourage propertyownerstoinvestinhomeremodels/expansions.Staffwilllookintobringingbackaprogram thatisfocusedonthesinglefamilyneighborhoodssurroundingtheCFDboundaries.Thisprogram wouldfocusonincentivizinghomeownerstoreinvestintheirproperty.Thisprogramwilllookat mechanismsthatwillassisthomeownersimprovetheirprimaryresidence.Thesemechanismscould includeexpansionoftheprimaryresidence,replacementofwindows,theuseofdroughttolerant plantsinlandscape,removalofleadbasedpaint,incorporationofenergyefficientappliances, weatherproofingthehomeandinstallationofaphoto-voltaicsystem.Theseimprovementswouldbe targetedtoimprovetheoverallefficiencyofthehomewhilereducingthehomescarbonfootprint. Potentialfundingsourcescouldinclude,CDBG,SDG&Epartnershipfunds,grantsorpropertytax rebates. DECISION-MAKER CONFLICT WhenthisitemwasfirstheardonFebruary9,2016,Staffhadreviewedthepropertyholdingsofthe CityCouncilmembersandfoundthatMayorSalas,andCityCouncilmembersBensoussanand McCannhaverealpropertyholdingswithin500feetoftheboundariesofthepropertywhichisthe subjectofthisaction.Consequently,pursuanttoCaliforniaCodeofRegulationsTitle2,sections 18700and18702.2(a)(11),thisitempresentsadisqualifyingrealproperty-relatedfinancialconflictof interestunderthePoliticalReformAct(Cal.Gov'tCode§87100,etseq.)fortheabove-identified members. Inadditiontotheabove,staffhasdeterminedthatapotentialconflictofinterestmayexistfor CouncilmemberMiesenbecauseitmaybereasonablyforeseeablethatafinancialeffectona business entity in which Councilmember Miesen has a financial interest may be material . Withfourcouncilmembershavingaconflictofinterest,CouncilmembersBensoussanandMcCann wererandomlyselectedtohearthisitem.PursuanttoFPPCRegulation18705,arandomlyselected officialisselected“forthedurationoftheproceedingsinallrelatedmattersuntilhisorher participationisnolongerlegallyrequired.”SincetheCFDformationisatwo-stepprocess,thetwo actionswouldbeconsideredrelatedmatters.Thus,CouncilmembersMcCannandBensoussanwill be the members to participate in the second step. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thedeferralofimpact feesfurtherstheEconomicVitalityinitiative2.1.2to“fosteropportunitiesforinvestmentinWestern ChulaVista”byremovingimpedimentsfordevelopmentprojectsinthesubjectarea,acceleratingthe completion of planned and future developments. City of Chula VistaPage 3 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 348 File#:16-0084, Item#: 11. CURRENT YEAR FISCAL IMPACT Allconsultantsandstafftimerelatedtothisactionarebeingfundedbyexistingappropriationsinthe Economic Development Department’s fiscal year 2015-16 budget. ONGOING FISCAL IMPACT TheWesternChulaVistaFinancingProgramwilldeferpaymentofthreedevelopmentimpactfees- thePFDIF,PADandapproximately4 0%oftheWTDIFforaperiodofthirtyyearsincurringtwo percentinterest,perannum,uponreceiptofoccupancy.Therewouldbenoobligationtomakea paymentonthedefermentinyears1through10however;thedeferredfeesarerequiredtoberepaid inyears11through30.Ifapropertyissoldorsubdivided,theobligationtorepaythefeesrunswith theland.Thenon-paymentperiodalignswithstandardcommerciallendingpractices.Itisanticipated the some projects will repay the deferred fees in year ten when the project is refinanced. Newdevelopmentsareassesseddevelopmentimpactfeesfortheincrementalimpactsresultingfrom saiddevelopment.Impactfeesdonotpayfororresolvethedeficienciesoffacilitiesthatmayexist today.Asstatedabove,allnewdevelopmentwillcontinuetomitigateforon-siteimpactsresulting fromeachrespectiveproject.Further,allnewdevelopmentwillpayfeessuchassewerandschool fees. Development Impact FeesDeferredCollected Traffic Development Impact Fee (TDIF)$140,000$240,000 Western Parkland Acquisition and Dev. (WPAD)$1.0 m$0 Public Facilities Development Impact Fee (PFDIF)$1.0 m$0 Theabovementionedtablewascreatedtoillustratetheestimatedamountofimpactfeesthatwould bedeferredasaresultoftheCFDprogramona100unitresidentialproject.Aresidentialproject wasusedbecauseitistheonlylandusethatischargedallthreedevelopmentimpactfeeprograms. Allotherlanduses(commercial,retailandhotels)areexemptfrompayingintotheWPADfund.Itis importanttonotethattheCitywillstillcollectthefee,withinterest,andasnotedintheEngineer’s Report(AttachmentA),therewillbeadequatefundingcollectedoverthelifeoftheCFDtoensure thatallanticipatedimprovementsarecompleted.Inaddition,staffhasreviewedthevariousfee programsandthetimingoffacilitiesandhasconcludedthattheCFDprogramwouldnotresultinthe delay of building any new public facilities. Inconclusion,shouldtheCFDprogrambesuccessfulitisanticipatedtogeneratenewdevelopment which,wouldtranslateintoanincreaseinassessedvaluationandhaveapositiveimpactonthe neighboringpropertyvalueswhilealsoprovidingnewresidentsandemployeestohelpsupportthe surrounding businesses located along the retail corridors. ATTACHMENTS 1.Hearing Report 2.Boundary Map Staff Contact: Craig Ruiz, Principal Economic Development Specialist City of Chula VistaPage 4 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 349 RESOLUTION NO. _________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL (the “City Council”) of the CITY OF CHULA VISTA (the "City") has declared its intention, conducted proceedings and held a public hearing relating to the authorization to annex territory in the future to Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) of the City of Chula Vista (the “District”) pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and specifically Article 3.5 thereof and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the “Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community Facilities District Law”); and WHEREAS, notice of such public hearing was given in the form and manner as required by the Community Facilities District Law; and WHEREAS, all communications relating to the authorization to annex territory in the future were presented at such public hearing, and it has been determined that a majority protest as defined by Government Code Section 53339.6 has not been received against the authorization to annex territory in the future to the District; and WHEREAS, it has now been determined to be within the public interest and convenience to establish a procedure to allow and provide for future annexations to the District and further to specify the amount of special taxes that would be authorized to be levied on any parcels that may be annexed to the District in the future, as well as setting forth the terms and conditions for certification for any annexation in the future; and WHEREAS, the territory proposed to be authorized to be annexed in the future shall be known and designated as Future Annexation Area Community Facilities District No. 17-I (the "Future Annexation Area"), and a map designated as "Future Annexation Area, Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program), City of Chula Vista, County of San Diego, State of California" showing the territory proposed to be annexed in the future has been approved and a copy thereof shall be kept on file with the transcript of these proceedings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES 1 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 350 DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1.Recitals. The above recitals are all true and correct. SECTION 2.Determinations. It is hereby determined by this City Council as follows: A.All prior proceedings pertaining to authorization for the annexation of the Future Annexation Area to the District in the future were valid and taken in conformity with the requirements of thelaw, and specifically the provisions of the Act, and this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B.The written protests against the authorization for the annexation of the Future Annexation Area to the District in the future received do not represent a majority protest as defined by Government Code Section 53339.6 and, therefore, the authorization for the annexation of the Future Annexation Area to the District in the future has not been precluded by majority protest pursuant to Government Code Section 53339.6. C.The public convenience and necessity require a procedure to authorize and provide for territory to be annexed in the future to the District in order to finance the costs and expenses necessary to provide the public services described below made necessary by the development or redevelopment of such territory. D.The authorization for the annexation of territory within the Future Annexation Area to the District in the future as proposed conforms with the City of Chula Vistas statement of goals and policies regarding the establishment of community facilities districts. E.The provision for the annexation of territory within the Future Annexation Area to the District in the future and the authorization to levy special taxes of territory within the Future Annexation Area upon the annexation thereof to the District to finance the public services described below constitutes the creation of a government funding mechanism which does not involve the commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, the provision for the annexation of territory within the Future Annexation Area to the District in the future and the authorization to levy special taxes within such territory upon the annexation thereof to the District does not constitute a “project” which is subject to the provisions of the California Environmental Quality Act (California Public Resources Code Section 21000 and following). SECTION 3.Annexation Authority. This legislative body does hereby authorize the annexation of territory within the Future Annexation Area to the District in the future pursuant to the provisions and authorization of Article 3.5 of the Act. SECTION 4.Description of the Future Annexation Area. A description of the Future Annexation Area is as follows: All that property and territory proposed to be annexed in the future to the District, as said property is shown on a map as previously approved bythis legislative body, said map designated as "Future 2 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 351 Annexation Area, Community Facilities District.CFD No. 17-I, City of Chula Vista, County of San Diego, State of California" (the “Future Annexation Area Map”), a copy of which is on file in the Officeof the City Clerk and shall remain open for public inspection. The Future Annexation Area Map has been filed in the Office of the San Diego County Recorder, in Book 45, Page 33of Maps of Assessment and Community Facilities Districts and as Document No. 2016-7000075. Future annexation proceedings may only be completed with the unanimous consent of the owner or owners of any parcel proposed for annexation. SECTION 5.Description of the Development Impact Fee Obligations Authorized To Be Financed.The District shall finance the development impact fee obligations described below that are imposed by the City in connection with the approval of a development project to be developed on property within the Future Annexation Area that annexes to the District in the future. Such fees may include: (i) the Public Facilities Development Impact Fee pursuant to Chula Vista Municipal Code (“CVMC”) section 3.50, et seq. (“PFDIF”); (ii) the Western Transportation Development Impact Fee pursuant to CVMC section 3.55, et seq.(“WTDIF”); and (iii) the ParklandAcquisition and Development Fee pursuant to CVMC section 17.10, et seq. (“PAD” and together with the PFDIF and WTDIF, the “DIFs” and the obligation to pay the DIFs, the “DIF Obligation”). The proceeds of the payment of the DIF Obligations will pay for facilities which this City Council is authorized by law to contribute revenue to or to construct, own, or operate (the “DIF Facilities”). It is hereby further determined that the DIF Facilities are necessary to meet increased demands and needs placed upon the City as a result of development within the District or any territory annexed to the District in the future. The cost of the payment of DIF Obligations includes certain Incidental Expenses as such term is defined in Government Code Section 53317(e) and may include, but not be limited to, all costs associated with the establishment of the District; the costs of collecting any special taxes; and costs otherwise incurred in order to carry out the authorized purposes of the District. SECTION 6.Special Taxes. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to finance the DIF Obligations (the “Special Tax”) imposed on the territory of the Future Annexation Area upon the annexation of such territory to the District and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the territory within the Future Annexation Area that annexes to the District, will be levied annually within the boundaries of such territory upon the annexation thereof to the District. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit A (the “Rates and Method”), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within the territory in the Future Annexation Area to clearly estimate the maximum amount of the Special Tax that such person will have to pay upon the annexation of such territory to the District. 3 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 352 Notwithstanding the foregoing, if the actual cost of the DIF Obligations imposed on any territory within the Future Annexation Area is higher or lower than the DIF Obligations imposed on properties within the existing the District, a higher or lower special tax may be levied within such territory subject to the unanimous approval and election of the owner or owners of such territory. In any such circumstance, the Rate and Method of Apportionment may be revised to reflect the higher or lower special tax, as applicable. The proposed Special Tax, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City. The special tax obligation for any territory within the Future Annexation Areathat annexes to the District may be prepaid and permanently satisfied in whole or in part pursuant to the provisions therefor contained in the Rate and Method of Apportionment. Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California against any territory within the Future Annexation Area that annexes to the District, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property within such territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City Council ceases. SECTION 7.Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 6 above. A.The Special Tax shall be levied for the specific purposes set forth in Section 6 above. B.The proceeds of the levy of the Special Tax shall be applied only to the specific applicable purposes set forth in Section 6 above. C.the District shall establish a separate account into which the proceeds of the Special Tax shall be deposited. D.The Director of Finance/Treasurer of the City of Chula Vista, or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3 4 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 353 Section 8.Annexation Effective Date. Annexation of any parcel in the Future Annexation Area to the District in the future shall be effective only upon the unanimous approval and election of the owneror owners of any such parcel authorizing the levy of the Special Tax upon such parcel following the annexation of such parcel to District, and no further public hearings or additional proceedings will be required to accomplish such annexation. SECTION 9.Survival. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 10Effective Date of Resolution. This Resolution shall become effective immediately upon its adoption. PREPARED BY:APPROVED AS TO FORM BY: ______________________________ Eric Crockett,Glen R. Googins, Director of Economic DevelopmentCity Attorney 5 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 354 EXHIBIT “A” RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A -1 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 355 Rate and Method of Apportionment of Special Tax Community Facilities District No. 17-I (Western Chula VistaDIF Financing) A Special Tax shall be levied on each Assessor’s Parcel of Taxable Property within the boundaries of Community Facilities District No. 17-I (Western Chula Vista DIF Financing) of the City of Chula Vista (the “City”) and collected each Fiscal Year commencing in Special Tax Commencement FY applicable to such Assessor’s Parcel, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within CFD No. 17-I, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1. DEFINITIONS The terms hereinafter set forth have the following meanings: “Accrued Interest Obligation” means for each Assessor’s Parcel, the amount of interest accrued on the Deferred DIF Obligation from the date of the issuance or grant of a Certificate of Occupancy for such property as determined in accordance with Section 3.D below. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map. An Acre means 43,560 square feet of land. “Act”means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. “Annual Special Tax”means the Special Tax actually levied in any Fiscal Year on any Assessor’s which is equal to the sum of the Annual Special Tax for Facilities and the Annual Special Parcel Tax for Accrued Interest in accordance with Section 3.E below. “Annual Special Tax for Facilities”means the amount of the Special Tax levied on an Assessor’s Parcel of Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the repayment of the Deferred DIF Obligation over the term of the Special Tax as set forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is prepaid pursuant to the provisions of Section 6 thereto. “Annual Special Tax for Accrued Interest”means the amount levied on an Assessor’s Parcel of Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the repayment of the Accrued Interest Obligation over the term of the Special Tax as set forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is prepaid pursuant to the provisions of Section 6 thereto.. A -2 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 356 “Annual Special Tax for Current Interest”means the amount levied on an Assessor’s Parcel of Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the requirement to pay interest on unpaid deferred fees during the 20-year repayment period commencing with the Special Tax Commencement FY and ending on June 30th of the Special Tax Final Year. “Assessor”means the Assessor of the County of San Diego. “Assessor's Parcel” means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. “Assessor's Parcel Map” means an official map of the Assessor designating parcels by Assessor’s Parcel Number. “Assessor's Parcel Number” means the number assigned to an Assessor's Parcel by the Assessor for purposes of identification. “Assigned Special Tax Obligation” means for each Assessor’s Parcel, the amount determined in accordance with Section 3.B below. “Building Permit”means a building permit issued by the City for construction of a Residential Unit or Non-Residential Property located within CFD No. 17-I. “Building Square Footage” means all of the square footage of usable area within the perimeter of a residential structure, not includingany carport, walkway, garage, overhang, or similar area. The determination of Building Square Footage shall be made by reference to the Building Permit(s) issued for such Assessor’s Parcel and/or by reference to appropriate records kept by the City. “Certificate of Occupancy”means a certificate issued or approval granted by the City, or other government entity, that authorizes the actual occupancy of a Residential Unit for applicable habitation by one or more residents or the occupancy of Non-ResidentialProperty. “CFD Administrator” means an authorized representative of the City, or designee thereof, for determining the Assigned Special Tax Obligation and the Annual Special Tax, for responsible preparing the Annual Special Tax roll and/or calculating theBackup Special Tax. “CFD No. 17-I” means the City of Chula Vista Community Facilities District No. 17-I (Western Chula Vista DIF Financing). “City”means the City of Chula Vista, California. “Council”means the City Council of the City acting as the legislative body of CFD No. 17-I under the Act. “County”means the County of San Diego, California. “Deferred DIF Obligation” means for each Assessor’s Parcel, the remaining balance of DIFs that have been deferred on such Assessor’s Parcel since Building Permitissuance as determined in accordance with Section 3.C below. “Developed Property” means for each Fiscal Year, all Taxable Property for which a Building Permit was issued prior to May 1 of the previous Fiscal Year. An Assessor’s Parcel classified as A -3 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 357 Developed Property but for which the Building Permit that caused such Assessor’s Parcel to be classified as Developed Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as UndevelopedProperty. “DIF Deferral Agreement”means, as to an Assessor’s Parcel, the Agreement for Deferral of Development Impact Fees by and between the owner of such Assessor’s Parcel and the City. “DIF”or “DIFs”shall, as to an Assessor’s Parcel, have the meaning given such terms in the DIF Deferral Agreement applicable to such Assessor’s Parcel. “Effective Date”shall mean, as to each DIF Deferral Agreement, the effective date of such agreement as specified therein. “Exempt Property” means for each Fiscal Year, all Assessor’s Parcels designated as being exempt from Special Taxes pursuant to Section 8 below. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code4285 that creates individual lots for which Building Permits may be issued without further subdivision. “Fiscal Year” means the period startingon July 1 and ending the following June 30. “Initial Interest Accrual Date”shall mean, as to any Assessor’s Parcel of Developed Property, the date on which the Certificate of Occupancy for such Assessor’s Parcel is issued. “Initial Accrued Interest Obligation FY” shall mean, as to any Assessor’s Parcel of Developed Property, the Fiscal Year in which the Initial Interest Accrual Date for such Assessor’s Parcel falls. “Maximum Special Tax Obligation” means for each Assessor’s Parcel, the amount assigned in accordance with Sections 3.A below. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a permit has been issued for the purpose of constructing one or more non-residential building structures or facilities. “Original Parcel” means an Assessor’s Parcel within the boundaries of CFD No. 17-I that was a Maximum Special Tax Obligation and an Assigned Special Tax Obligation in the prior assigned Fiscal Year but has been subsequently subdivided into Successor Parcels for the current Fiscal Year. “Prepayment Amount” means the amount required to prepay the Annual Special Tax obligation in full for an Assessor’s Parcel as described in Section 6.A below. “Property Owner Association Property” means any Assessor’s Parcel within the boundaries of CFD No. 17-I owned in fee by a property owner association, including any master or sub- association. “Public Property” means any property within the boundaries of CFD No. 17-I, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the A -4 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 358 County, the City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. “Residential Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more Residential Units. “Residential Unit” means each separate residential dwelling unit that comprises an facility capable of conveyance or rental, separate from adjacent residential independent dwelling units. “Special Tax” means any special tax levied within CFD No. 17-I pursuant to the Act and this Rate and Method of Apportionment of Special Tax. “Special Tax Commencement FY”shall mean, as to each Assessor’s Parcel classified as Developed Property, the Fiscal Year falling after the first day of the eleventh calendar year after the Effective Date of the DIF Deferral Agreement applicable to such Assessor’s Parcel. “Special Tax Final FY”shall mean, as to each Assessor’s Parcel of Developed Property, the Fiscal Year commencing on July 1 of nineteenth (19th) Fiscal Year following the Special Tax Commencement FY. “Special Tax Obligation” means the total obligation of an Assessor’s Parcel of Developed Property to pay the Special Tax for the remaining term of the Special Tax applicable to such Assessor’s Parcel. “Successor Parcel” means an Assessor’s Parcel created by the Subdivision of one or more Original Parcels pursuant to Section 4 below. “State”means the State of California. “Taxable Property” means all of the Assessor's Parcels within the boundaries of CFD No. 17-I, which are not exempt from the levy of the Special Tax pursuant to law or Section 8 below. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property. 2. LAND USE CLASSIFICATION Each Fiscal Year, beginning with Fiscal Year 2016-17, each Assessor’s Parcel within CFD No. 17-I shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property or Undeveloped Property, and all such Taxable Property shall be subject to the levy ofSpecial Taxes in accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below. 3. SPECIAL TAX RATES A. Maximum Special Tax Obligation A -5 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 359 The Maximum Special Tax Obligation applicable to an Assessor's Parcel subject to a DIF Deferral Agreement in the Initial Fiscal Year applicable to such Assessor’s Parcel shall be determined pursuant to Table 1 below. Table 1 Initial Fiscal Year Maximum Special Tax Obligation Maximum Assessor’s Parcel No. Special Tax Obligation Commencing on July 1 of the Fiscal Year following the Initial Interest Accrual Date, the Maximum Special Tax Obligation for such Assessor’s Parcel shall increase on July 1 of each Fiscal Year by an amount equal to two percent (2%) of the Maximum Special Tax Obligation in effect for the prior Fiscal Year. B. Assigned Special Tax Obligation On July 1 of each Fiscal Year commencing the Special Tax Commencement FY, the CFD Administrator shall determine the Assigned Special Tax Obligation for that Fiscal Year. The Assigned Special Tax Obligation in any given Fiscal Year commencing the Special Tax Commencement FY shall be the sum of the Deferred DIF Obligation plus the Accrued Interest Obligation. If for any Fiscal Year the Assigned Special Tax Obligation is determined to be greater than the Maximum Special Tax Obligation, then the Assigned Special Tax Obligation shall be equal to the Maximum Special Tax Obligation. C. Deferred DIF Obligation The Deferred DIF Obligation applicable to an Assessor’s Parcel classified as Undeveloped Property shall be zero. The initial Deferred DIF Obligation applicable to an Assessor's Parcel classified as Developed Property shall be determined by the CFD Administrator at the time of issuance of a Building Permit for such Assessor’s Parcel. The Deferred DIF Obligation shall be equal to the sum of the applicable DIFs specified in the DIF Deferral Agreement for each Building Permit issued for Assessor’s Parcels within CFD No. 17-I. The amount of each DIF included in theDIF Fee Obligation for an Assessor’s Parcel shall be based on the fee schedule applicable to such DIF in effect at the time of issuance of such Building Permit. The Deferred DIF Obligation in any Fiscal Year applicable to an Assessor’s Parcel of Developed Property shall be equal to the Deferred DIF Obligation in the prior Fiscal Year less any Annual Special Tax for Facilities payments made in the prior Fiscal Year. A -6 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 360 If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligationwill also be reduced by the applicable amount of the Deferred DIF Obligation that was prepaid. D. Accrued Interest Obligation The Accrued Interest Obligation in the Initial Fiscal Year applicable to an Assessor’s classified as Developed Property for which a Certificate of Occupancy has not Parcel been issued prior to July 1 of such Fiscal Year shall be zero. The Accrued Interest Obligation applicable to any Assessor’s Parcel classified as Developed Property shall commence to accrue on the Initial InterestAccrual Date. The Accrued Interest Obligation applicable to such Assessor’s Parcel in the Initial Accrued Interest Obligation FY shall be equal to two percent (2%) of the Deferred DIF Obligation as of July 1 of such Fiscal Year multiplied by a fraction the numerator of which is the number of calendar days from and including the Initial Interest Accrual Date to and including June 30th of such Fiscal Year and the denominator of which is 365. The Accrued Interest Obligation for each subsequent Fiscal Year prior to the Special Tax Commencement FY shall be equal to the Accrued Interest Obligation in the prior Fiscal Year plus two percent (2%) of the Deferred DIF Obligation as of July 1 of the prior Fiscal Year. The Accrued Interest Obligation in the Special Tax Commencement FY and each subsequent Fiscal Year applicable to an Assessor’s Parcel classified as Developed Property shall be equal to the Accrued Interest Obligation as of July 1 of the prior Fiscal Year less any Annual Special Tax for Accrued Interest payments made in the prior Fiscal Year. If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will also be reduced by the applicable amount of the Accrued Interest Obligation that was prepaid. E. Annual Special Tax The Annual Special Tax for Developed Property in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to (i) the Annual Special Tax for Facilities plus (ii) the Annual Special Tax for Accrued Interest plus (iii) the Annual Special Tax for Current Interest. The Annual Special Tax for Facilities in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Deferred DIF Obligation on July 1 of the Special Tax Commencement FY times the Repayment Rate in Table 2 below thatcorresponds with such Fiscal Year. In each subsequent Fiscal Year, the Annual Special Tax for Facilities will remain unchanged until the Deferred DIF Obligation is paid in full. The Annual Special Tax for Accrued Interest in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Accrued Interest Obligation on July 1 of the Special Tax Commencement FY times the Repayment Rate in Table 2 below that corresponds with such Fiscal Year. In each subsequent Fiscal Year, the Annual Special A -7 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 361 Tax for Accrued Interest will remain unchanged until the Accrued Interest Obligation is paid in full. The Annual Special Tax for Current Interest in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Deferred DIF Obligationon July 1 of such Fiscal Year times the Current Interest Rate in Table 2 below that corresponds with such Fiscal Year. Table 2 Amortization Table Current Interest Fiscal Year Repayment Rate Rate Initial Accrued Interest Obligation FY through the Fiscal Year 0%0% preceding the Special Tax Commencement FY Special Tax Commencement FY through the Special Tax 5%2% Final FY 4. METHOD OF APPORTIONMENT Commencing with the Special Tax Commencement FY and for each following Fiscal Year, the CFD Administrator shall apportion the Assigned Special Tax Obligation as set forth below. First:All Original Parcels that are reflected on the Assessor’s Parcel Maps applicable to the current Fiscal Year will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in accordance with Section 3 above. Second:All Original Parcels that are not reflected on the Assessor’s Parcel Maps applicable to the current Fiscal Year will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in accordance with Section 3 above as if such parcels still existed in their previous form. Third:The Maximum Special Tax Obligation and Assigned Special Tax Obligation that were calculated in the Second step above will be assigned to each applicable Successor Parcel based on the amount of Taxable Acreage contained in such Successor Parcel divided by the amount of Taxable Acreage contained in the relevant Original Parcel. The sum of the Maximum Special Tax Obligations of each group of Successor Parcels shall be equal to Maximum Special Tax Obligation of the applicable Original Parcel that was determined in the Second step. Likewise, the sum of the Assigned Special Tax Obligations of each group of Successor Parcels shall be equal to Assigned SpecialTax Obligation of the applicable Original Parcel that was determined in the Second step. A -8 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 362 Fourth:The Special Tax shall be levied on each Assessor’s Parcel of Developed Property at 100% of the applicable Annual Special Tax. Successor Parcels that are assigned a Maximum Special Tax Obligation and an Assigned Special Tax Obligation in the current Fiscal Year will be considered Original Parcels in the following Fiscal Year. Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of a delinquency or default in the payment of the Special Tax applicable to any other Assessor’s Parcel within CFD No. 17-I by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults. 5. COLLECTION OF SPECIAL TAXES Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes. 6. PREPAYMENT OF SPECIAL TAX OBLIGATION A. Prepayment in Full Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or Undeveloped Property for which aBuilding Permit has been issued may be prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor’s Parcel only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel eligible to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay, and designate or identify the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor’s Parcel within thirty (30) days of the request, and may charge a reasonable fee for providing this service. The Prepayment Amount (defined below) shall be calculated for each applicable Assessor’s Parcel or group of Assessor’s Parcels as summarized below (capitalized terms as defined below): Deferred DIF Obligation plus Accrued Interest Obligation plus Prepayment Administrative Fees and Expenses A -9 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 363 Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below) shall be calculated as follows: Step No.: 1.Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. For Assessor’s Parcels of Developed Property, determine the Deferred DIF 2. Obligation and the Accrued Interest Obligation. For Assessor’s Parcels of Undeveloped Property for which a Building Permit has been issued, compute the Deferred DIF Obligation for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has already been issued for that Assessor’s Parcel. 3.Calculate theadministrative fees and expenses of CFD No. 17-I, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 17-I, and the costs of recording any notices to evidence the prepayment andthe redemption (the “Prepayment Administrative Fees”). 4.The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 1, 2 and 3 (the “Prepayment Amount”). 5.The Prepayment Amount shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 3 shall be retained by CFD No. 17-I. The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of theSpecial Tax and the release of the Special Tax lien on such Assessor’s Parcel, and the obligation of the owner of such Assessor's Parcel to pay the Special Tax shall cease. B. Partial Prepayment The Special Tax on an Assessor’s Parcel of Developed Property or Undeveloped Property which a building permit has been issued may be partially prepaid. The amount of the for prepayment shall be calculated as in Section 6.A, except that a partial prepayment shall be calculated according to the following formula: PP = (P-A) x F+A E These terms have the following meaning: PP = the partial prepayment P= the Prepayment Amount calculated according to Section 6.A E A -10 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 364 F = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying the Special Tax Obligation A = the Prepayment Administrative Fees and Expenses from Section 6.A owner of any Assessor’s Parcel who desires such partial prepayment shall notify the The CFD Administrator of (i) such owner’s intent to partially prepay the Special Tax Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partialprepayment of the Special Tax Obligation for an Assessor’s Parcel within sixty (60) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section 6.A., and (ii) indicate in the records of CFD No. 17-I that there has been a partial prepayment of the Special Tax Obligation and that the remaining Special Tax Obligation of such Assessor’s Parcel, equal to the outstanding percentage (1.00 -F) of the Deferred DIF Obligation and the Accrued Interest Obligation, shall continue to be levied on such Assessor’s Parcel in the same manner as before the Partial Prepayment. 7. TERM OF SPECIAL TAX The Special Tax shall be levied as long as necessary to satisfy the Assigned Special Tax Obligation for a period not to exceed thirty (30) Fiscal Years commencing with Special Tax Commencement FY, provided however that the Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined that all CFD No. 17-I obligations have been satisfied. 8. EXEMPTIONS The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels of Public Property, (ii) Assessor’s Parcels of Property Owner Association Property, or (iii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, and (v) Assessor’s Parcels of Developed Property classified as Non-Residential Property as determined reasonably by the CFD Administrator. If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in the first paragraph of Section 8 above that would make such Assessor’s Parcel eligible to be classified as Exempt Property, such Assessor’s Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property. 9. APPEALS Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such error not later than thirty-six (36) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation the CFD Administrator determines A -11 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 365 that an error has occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in order to correct the error: (i)Amend the Special Tax levy on the landowner’s Assessor’s Parcel(s) for the current Fiscal Year prior to the payment date, (ii)Require the CFD to reimburse the landowner for the amount of the overpayment to the extent of available CFD funds, or (iii)Grant a credit against, eliminate or reduce the future Special Taxes on the landowner’s Assessor’s Parcel(s) in the amount of the overpayment. If following such consultation and action by the CFD Administrator the landowner believes such error still exists, such person may file a written notice of appeal with the City Council. Upon the receipt of such notice, the City Council or designee may establish such procedures as deemed necessary to undertake the review of any such appeal. If the City Council or designee determines an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of priority, in order to correct the error. The City Council or designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Council or designee shall be final. A -12 60297.00044\\24510783.1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 366 City of Chula Vista Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) CFD Report 27368 Via Industria Suite 200 Temecula, CA 92590 T 951.587.3500 | 800.755.6864 F 951.587.3510 www.willdan.com/financial ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 367 TABLE OF CONTENTS I.I ............................................................................ 1 NTRODUCTION II.GD&BCFDN.17-I .............. 2 ENERAL ESCRIPTION OUNDARIES OF O III.DF ......................................................... 3 ESCRIPTION OF ACILITIES IV.CE ........................................................................ 4 OST STIMATES V.RMAST ............... 5 ATE AND ETHOD OF PPORTIONMENT OF PECIAL AX EXHIBITABM OUNDARY AP EXHIBITBFAA UTURE NNEXATION REA EXHIBITCRMA ATE AND ETHOD OF PPORTIONMENT ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 368 I.Introduction WHEREAS, the City Council of the City of Chula Vista City Council Part 1, of Division 2, of Title 5 of the Government Code of the State of California, as amended adopted a Resolution of Intention for the proposed formation of City of Chula Vista Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) CFD No. 17-I. WHEREAS, to the City Council and generally contains the following: 1.A brief description of Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) of the City of Chula Vista 17-I 2.A brief description of the Facilities required at the time of formation to meet the needs of CFD No. 17-I. 3.A brief description of the Boundaries of CFD 17-I; and 4.An estimate of the cost of financing the bonds used to pay for the Facilities, including all costs associated with formation of the District, issuance of bonds, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District, and any other incidental expenses to be paid through the proposed financing. For particulars, reference is made to the Resolution of Intention, Resolution No. 6301 as previously approved. All capitalized terms not defined herein are defined in the Rate and Method of Apportionment of Special Tax section (Exhibit C) of this report. NOW THEREFORE Willdan Financial Services, the appointed responsible firm directed to prepare the Report, pursuant to the provisions of the Code, does hereby submit the following: Page 1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 369 II.General Description & Boundaries of CFD No. 17-I A description of the exterior boundaries of the territory proposed for inclusion in CFD No. 17-I, including properties and parcels of land proposed to be subject to the levy of a Special Tax by CFD No. 17-I, is shown on the boundPROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING), which is on file in the office of the Clerk of the City Council of the City of Chula Vista and was recorded with the County Recorder of the County of San Diego in Book 45 of Maps of Assessment and Community Facilities Districts at page 26 and as Instrument Number 2016-7000074. A copy of the map is attached hereto as Exhibit A and hereby incorporated by reference. A description of the exterior boundaries of the future annexation area of CFD No. 17-I, including properties and parcels of land that may use an expedited process to annex to CFD No. 17-I, is FUTURE ANNEXATION AREA COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING) office of the Clerk of the City Council of the City of Chula Vista and was recorded with the County Recorder of the County of San Diego in Book 45 of Maps of Assessment and Community Facilities Districts at page 33 and as Instrument Number 2016-7000075. A copy of the map is attached hereto as Exhibit B and hereby incorporated by reference. Page 2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 370 III.Description of Facilities The General Description of the Facilities that may be acquired or constructed is as follows: the Public Facilities Development Impact Fee pursuant to Chula Vista Municipal Code ; the Western Transportation Development Impact Fee pursuant to CVMC section 3.55, et ; the Park Development Fee pursuant to CVMC section 17.10, et seq. ; Certain Incidental Expenses as such term is defined in Government Code Section 53317(e) and may include, but not be limited to, all costs associated with the establishment of the District; the costs of collecting any special taxes; and Costs otherwise incurred in order to carry out the authorized purposes of the District This description of the public capital facilities is general in nature. The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans and specifications may show substitutes in lieu of, or modifications to, proposed work. Any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in the Report. Page 3 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 371 IV.Cost Estimates The proceeds of CFD No. 17-I will be used to fund deferred development impact fees in the estimated amount of approximately $1,366,800. This amount may be revised at the time of Building Permit issuance to equal the exact fee amount to be deferred. Page 4 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 372 V.Rate and Method of Apportionment of Special Tax The Rate and Method of Apportionment (RMA) provide sufficient information to allow a property owner within CFD No. 17-I to estimate the Maximum Special Tax for his or her property. It also includes method of prepayment in full or prepayment in part and the procedure for prepayments. For particulars on the rate and method of apportionment, reference is made to Exhibit C of this report. Page 5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 373 EXHIBIT A Boundary Map ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 374 EXHIBIT B Future Annexation Area ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 375 376 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 377 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 378 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 379 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 380 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 381 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ 382 0 ¦¤ Packet !¦¤£ ΑΏΐΕȃΏΒȃΐΔ EXHIBIT C Rate and Method of Apportionment ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 383 Rate and Method of Apportionment of Special Tax Community Facilities District No. 17-I (Western Chula Vista DIF Financing) A Special Tax shall be levied on each Community Facilities District No. 17-I (Western Chula Vista DIF Financing) of the City of Chula Vista (the cable to such procedures described below. All of the real property within CFD No. 17-I, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1. DEFINITIONS The terms hereinafter set forth have the following meanings: Deferred DIF Obligation from the date of the issuance or grant of a Certificate of Occupancy for such property as determined in accordance with Section 3.D below. or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map. An Acre means 43,560 square feet of land. means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. Annual Special Tax which is equal to the sum of the Annual Special Tax for Facilities and the Annual Special Tax for Accrued Interest in accordance with Section 3.E below. Annual Special Tax for Facilities Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the repayment of the Deferred DIF Obligation over the term of the Special Tax as set forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is prepaid pursuant to the provisions of Section 6 thereto. Annual Special Tax for Accrued Interest Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy the repayment of the Accrued Interest Obligation over the term of the Special Tax as set forth in Section 7 determined in accordance with Section 3.E below unless the Special Tax Obligation is prepaid pursuant to the provisions of Section 6 thereto.. Annual Special Tax for Current Interest means the amou Developed Property in any Fiscal Year, commencing with the Special Tax Commencement FY, to satisfy A-1 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 384 the requirement to pay interest on unpaid deferred fees during the 20-year repayment period commencing with the Special Tax Commencement FY and ending on June 30th of the Special Tax Final Year. means the Assessor of the County of San Diego. means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. Number. means the number assigned to an Assessor's Parcel by the Assessor for purposes of identification. accordance with Section 3.B below. means a building permit issued by the City for construction of a Residential Unit or Non-Residential Property located within CFD No. 17-I. means all of the square footage of usable area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, or similar area. The determination of Building Square Footage shall be made by reference to the Building Permit(s) issued means a certificate issued or approval granted by the City, or other applicable government entity, that authorizes the actual occupancy of a Residential Unit for habitation by one or more residents or the occupancy of Non-Residential Property. means an authorized representative of the City, or designee thereof, responsible for determining the Assigned Special Tax Obligation and the Annual Special Tax, for preparing the Annual Special Tax roll and/or calculating the Backup Special Tax. -means the City of Chula Vista Community Facilities District No. 17-I (Western Chula Vista DIF Financing). means the City of Chula Vista, California. means the City Council of the City acting as the legislative body of CFD No. 17-I under the Act. means the County of San Diego, California. with Section 3.C below. means for each Fiscal Year, all Taxable Property for which a Building Permit was Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as Undeveloped Property. A-2 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 385 Development or shall mean, as to each DIF Deferral Agreement, the effective date of such agreement as specified therein. Special Taxes pursuant to Section 8 below. means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without further subdivision. means the period starting on July 1 and ending the following June 30. the accordance with Sections 3.A below. -means all Ass permit has been issued for the purpose of constructing one or more non-residential structures or facilities. -I that was assigned a Maximum Special Tax Obligation and an Assigned Special Tax Obligation in the prior Fiscal Year but has been subsequently subdivided into Successor Parcels for the current Fiscal Year. means the amount required to prepay the Annual Special Tax obligation in full 17-I owned in fee by a property owner association, including any master or sub-association. means any property within the boundaries of CFD No. 17-I, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. means all As has been issued for the purpose of constructing one or more Residential Units. means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental, separate from adjacent residential dwelling units. A-3 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 386 means any special tax levied within CFD No. 17-I pursuant to the Act and this Rate and Method of Apportionment of Special Tax. shall Property, the Fiscal Year falling after the first day of the eleventh calendar year after the Effective Date commencing on July 1 of nineteenth (19th) Fiscal Year following the Special Tax Commencement FY. of Developed Property to Parcels pursuant to Section 4 below. means the State of California. means all of the Assessor's Parcels within the boundaries of CFD No. 17-I, which are not exempt from the levy of the Special Tax pursuant to law or Section 8 below. means, for each Fiscal Year, all Taxable Property not classified as Developed Property. 2. LAND USE CLASSIFICATION Each Fiscal Year, beginning with Fiscal Year 2016--I shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property or Undeveloped Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to Sections 3 and 4 below. 3. SPECIAL TAX RATES A. Maximum Special Tax Obligation The Maximum Special Tax Obligation applicable to an Assessor's Parcel subject to a DIF Deferral Agreement in the Initial Fiscal Year pursuant to Table 1 below. Table 1 Initial Fiscal Year Maximum Special Tax Obligation Maximum Special Tax Obligation 618-010-17 $1,600,000 Commencing on July 1 of the Fiscal Year following the Initial Interest Accrual Date, the Maximum amount equal to two percent (2%) of the Maximum Special Tax Obligation in effect for the prior Fiscal Year. A-4 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 387 B. Assigned Special Tax Obligation On July 1 of each Fiscal Year commencing the Special Tax Commencement FY, the CFD Administrator shall determine the Assigned Special Tax Obligation for that Fiscal Year. The Assigned Special Tax Obligation in any given Fiscal Year commencing the Special Tax Commencement FY shall be the sum of the Deferred DIF Obligation plus the Accrued Interest Obligation. If for any Fiscal Year the Assigned Special Tax Obligation is determined to be greater than the Maximum Special Tax Obligation, then the Assigned Special Tax Obligation shall be equal to the Maximum Special Tax Obligation. C. Deferred DIF Obligation Property shall be zero. The initial Deferred DIF Obligation applicable to an Assessor's Parcel classified as Developed Property shall be determined by the CFD Administrator at the time of issuance of a Building applicable DIFs specified in the DIF Deferral Agreement for each Building Permit issued for hin CFD No. 17-I. The amount of each DIF included in the DIF Fee effect at the time of issuance of such Building Permit. The Deferred DIF Obligation in any F Property shall be equal to the Deferred DIF Obligation in the prior Fiscal Year less any Annual Special Tax for Facilities payments made in the prior Fiscal Year. If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will also be reduced by the applicable amount of the Deferred DIF Obligation that was prepaid. D. Accrued Interest Obligation The Accrued Interest Obligation in the Initial Fiscal Year applicable t classified as Developed Property for which a Certificate of Occupancy has not been issued prior to July 1 of such Fiscal Year shall be zero. Property shall commence to accrue on the Initial Interest Accrual Date. The Accrued Interest be equal to two percent (2%) of the Deferred DIF Obligation as of July 1 of such Fiscal Year multiplied by a fraction the numerator of which is the number of calendar days from and including the Initial Interest Accrual Date to and including June 30th of such Fiscal Year and the denominator of which is 365. The Accrued Interest Obligation for each subsequent Fiscal Year prior to the Special Tax Commencement FY shall be equal to the Accrued Interest Obligation in the prior Fiscal Year plus two percent (2%) of the Deferred DIF Obligation as of July 1 of the prior Fiscal Year. The Accrued Interest Obligation in the Special Tax Commencement FY and each subsequent A-5 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 388 the Accrued Interest Obligation as of July 1 of the prior Fiscal Year less any Annual Special Tax for Accrued Interest payments made in the prior Fiscal Year. If a partial prepayment is made pursuant to Section 6.B below, the Deferred DIF Obligation will also be reduced by the applicable amount of the Accrued Interest Obligation that was prepaid. E. Annual Special Tax The Annual Special Tax for Developed Property in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to (i) the Annual Special Tax for Facilities plus (ii) the Annual Special Tax for Accrued Interest plus (iii) the Annual Special Tax for Current Interest. The Annual Special Tax for Facilities in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Deferred DIF Obligation on July 1 of the Special Tax Commencement FY times the Repayment Rate in Table 2 below that corresponds with such Fiscal Year. In each subsequent Fiscal Year, the Annual Special Tax for Facilities will remain unchanged until the Deferred DIF Obligation is paid in full. The Annual Special Tax for Accrued Interest in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Accrued Interest Obligation on July 1 of the Special Tax Commencement FY times the Repayment Rate in Table 2 below that corresponds with such Fiscal Year. In each subsequent Fiscal Year, the Annual Special Tax for Accrued Interest will remain unchanged until the Accrued Interest Obligation is paid in full. The Annual Special Tax for Current Interest in any Fiscal Year commencing the Special Tax Commencement FY shall be equal to the Deferred DIF Obligation on July 1 of such Fiscal Year times the Current Interest Rate in Table 2 below that corresponds with such Fiscal Year. A-6 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 389 Table 2 Amortization Table Current Interest Fiscal Year Repayment Rate Rate Initial Accrued Interest Obligation FY through the Fiscal Year 0% 0% preceding the Special Tax Commencement FY Special Tax Commencement FY through the Special Tax 5% 2% Final FY 4. METHOD OF APPORTIONMENT Commencing with the Special Tax Commencement FY and for each following Fiscal Year, the CFD Administrator shall apportion the Assigned Special Tax Obligation as set forth below. First: applicable to the current Fiscal Year will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in accordance with Section 3 above. Second: o the current Fiscal Year will be assigned a Maximum Special Tax Obligation and Assigned Special Tax Obligation in accordance with Section 3 above as if such parcels still existed in their previous form. Third: The Maximum Special Tax Obligation and Assigned Special Tax Obligation that were calculated in the Second step above will be assigned to each applicable Successor Parcel based on the amount of Taxable Acreage contained in such Successor Parcel divided by the amount of Taxable Acreage contained in the relevant Original Parcel. The sum of the Maximum Special Tax Obligations of each group of Successor Parcels shall be equal to Maximum Special Tax Obligation of the applicable Original Parcel that was determined in the Second step. Likewise, the sum of the Assigned Special Tax Obligations of each group of Successor Parcels shall be equal to Assigned Special Tax Obligation of the applicable Original Parcel that was determined in the Second step. Fourth: cel of Developed Property at 100% of the applicable Annual Special Tax. Successor Parcels that are assigned a Maximum Special Tax Obligation and an Assigned Special Tax Obligation in the current Fiscal Year will be considered Original Parcels in the following Fiscal Year. A-7 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 390 Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against has been issued be increased as a result of a delinquency or default in the payment of the Special Tax -I by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults. 5. COLLECTION OF SPECIAL TAXES Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent Annual Special Taxes. 6. PREPAYMENT OF SPECIAL TAX OBLIGATION A. Prepayment in Full Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as permitted under Government Code Section 53344. The Special Ta Undeveloped Property for which a Building Permit has been issued may be prepaid and the d pay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay, and designate or identify the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such providing this service. The Prepayment Amount (defined below) shall be calculated for each terms as defined below): Deferred DIF Obligation plus Accrued Interest Obligation plus Prepayment Administrative Fees and Expenses Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below) shall be calculated as follows: A-8 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 391 Step No.: 1. 2. O Undeveloped Property for which a Building Permit has been issued, compute the designated as Developed Property, based upon the Building Permit which has 3.Calculate the administrative fees and expenses of CFD No. 17-I, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 17-I, and the costs of recording any 4.The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed 5.The Prepayment Amount shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 3 shall be retained by CFD No. 17-I. The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax and the release Assessor's Parcel to pay the Special Tax shall cease. B. Partial Prepayment which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section 6.A, except that a partial prepayment shall be calculated according to the following formula: PP = (P-A) x F+A E These terms have the following meaning: PP = the partial prepayment P= the Prepayment Amount calculated according to Section 6.A E prepaying the Special Tax Obligation A = the Prepayment Administrative Fees and Expenses from Section 6.A shall notify the CFD percentage by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax A-9 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 392 reasonable fee for providing this service. funds remitted to it according to Section 6.A., and (ii) indicate in the records of CFD No. 17-I that there has been a partial prepayment of the Special Tax Obligation and that the remaining - F) of the Deferred DIF Obligation and the Accrued Interest Obligation, shall continue to be levied on such A 7. TERM OF SPECIAL TAX The Special Tax shall be levied as long as necessary to satisfy the Assigned Special Tax Obligation for a period not to exceed thirty (30) Fiscal Years commencing with Special Tax Commencement FY, provided however that the Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined that all CFD No. 17-I obligations have been satisfied. 8. EXEMPTIONS places of worship and are exempt from ad valorem property taxes because they are owned by a asements making impractical their Property classified as Non-Residential Property as determined reasonably by the CFD Administrator. If the use of a classified as one of the uses set forth in the first paragraph of Section 8 above that would make such classified as Exempt Property and shall be deemed to be Taxable Property. 9. APPEALS Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her or shall first consult with the CFD Administrator regarding such error not later than thirty-six (36) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation the CFD Administrator determines that an error has occurred, then the CFD Administrator shall take any of the following actions, in order of priority, in order to correct the error: (i) Year prior to the payment date, (ii) Require the CFD to reimburse the landowner for the amount of the overpayment to the extent of available CFD funds, or (iii) (s) in the amount of the overpayment. If following such consultation and action by the CFD Administrator the landowner believes such error still exists, such person may file a written notice of appeal with the City Council. Upon the receipt of such notice, the City Council or designee may establish such procedures as deemed necessary to A-10 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 393 undertake the review of any such appeal. If the City Council or designee determines an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and (iii) above, in order of priority, in order to correct the error. The City Council or designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Council or designee shall be final. A-11 60297.00044\\21522561.2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 394 City of Chula Vista Staff Report File#:16-0015, Item#: 12. SOLICITATIONOFPUBLICINPUTREGARDINGPROPOSED2016/2017FUNDING RECOMMENDATIONSFORU.S.DEPARTMENTOFHOUSINGANDURBANDEVELOPMENT (HUD)FEDERALGRANTPROGRAMS(COMMUNITYDEVELOPMENTBLOCKGRANT,HOME INVESTMENTPARTNERSHIPSACT,ANDEMERGENCYSOLUTIONSGRANT)AND CONSIDERATIONOFACCEPTANCEOFAREPORTREGARDING2016/2017FUNDING REQUESTSANDRECOMMENDATIONSFORTHEAFORMENTIONEDHUDFEDERALGRANT PROGRAMS RECOMMENDED ACTION Council conduct the public hearing and accept the report. SUMMARY TheCityhasreceivedandreviewedfundingapplicationsfortheU.S.DepartmentofHousingand UrbanDevelopment(HUD)grantprogramsincluding:CommunityDevelopmentBlockGrant(CDBG), HOMEInvestmentPartnershipsAct(HOME)andtheEmergencySolutionsGrant(ESG)funds.This PublicHearingwillprovidethecommunityanopportunitytoprovideinputontheproposed2016/2017 funding recommendations for the City’s use of these federal grant programs. ENVIRONMENTAL REVIEW Environmental Notice CEQA:Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmental QualityAct(CEQA)StateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)no environmental review is required under CEQA. NEPA:UndertheNationalEnvironmentalPolicyAct(NEPA),theactivityisexemptperTitle24,Part 58.34(a)(2)(3)oftheCodeofFederalRegulationsandpursuanttotheU.S.DepartmentofHousing andUrbanDevelopmentEnvironmentalGuidelines;therefore,pursuanttoNEPAnofurther environmental review is required. Environmental Determination TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andNationalEnvironmentalPolicyAct(NEPA).The activityisnota“Project”asdefinedunderSection15378(b)(5)oftheStateCEQAGuidelines becausetheproposalconsistsofareportingaction,isnotforasitespecificproject(s)andwillnot resultinadirectorindirectphysicalchangeintheenvironmental.Therefore,pursuantto Section15060(c)(3)oftheStateCEQAGuidelinestheactivityisnotsubjecttoCEQA.UnderNEPA, theactivityisexemptpursuanttoTitle24,Part58.34(a)(2)&(3)oftheCodeofFederalRegulations andpursuanttotheU.S.DepartmentofHousing&UrbanDevelopmentEnvironmentalGuidelines. Thus,nofurtherenvironmentalreviewisnecessaryatthistime.Althoughenvironmentalreviewisnot City of Chula VistaPage 1 of 8Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 396 File#:16-0015, Item#: 12. necessaryatthistime,onceaproject(s)hasbeendefined,environmentalreviewwillberequiredand a CEQA/NEPA determination completed prior to initiation of any related project activity. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION AsanentitlementcommunitywiththeU.S.DepartmentofHousingandUrbanDevelopment(HUD), the City receives funds under three block grant programs: Community Development Block Grant (CDBG) Home Investment Partnerships (HOME) Emergency Solutions Grant (ESG) Thegrantamountsallocatedtoeachjurisdictionaredeterminedusingaformulabasedonstatistical anddemographicdata.Theaimofthesefundsistoprovidedecenthousing,asuitableliving environment,andtoexpandeconomicopportunitiesprincipallyforlow-andmoderate-income persons. AsarecipientoftheseHUDfunds,theCityisrequiredtoapproveaFive-YearConsolidatedPlan (ConPlan)whichrepresentstheCity'sfive-yearstrategyforallocatingHUDfundstospecificgoals, objectives,andhousingandcommunitydevelopmentpriorities.TheCityannuallyselectsactivitiesfor fundingthatbestmeettheneedsofthecommunityasidentifiedwithintheConsolidatedPlanand alsomeetthenationalobjectivesandrequirementsoftheCDBGprogramforthatyear.Theselected activitiesarethenincorporatedintotheAnnualActionPlan(ActionPlan).TheActionPlanmustbe submittedtoHUD45dayspriortothebeginningofthefiscalyearandconstitutesitsapplicationfor the grant funds. TheCity’s2015/2019Five-YearConsolidatedPlanidentifiesatotaloffivefundingprioritiesunder Housing and Community Development. City of Chula VistaPage 2 of 8Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 397 File#:16-0015, Item#: 12. 2016/2017 Annual Action Plan OnFebruary17,2016,theCityreceivednotificationofthe2016/17fundingallocationsfromHUDfor the following programs: CDBG:$1,920,628 HOME:$642,150 ESG:$159,265 AspartoftheannualActionPlanprocess,theCitysolicitsrequestsforgrantfunding,reviewsthe submittedproposals,andapprovestheprogramsandprojectstobefunded.For2016/2017,a NoticeofFundingAvailabilityforthethreegrantprograms(CDBG,HOME,ESG)wasmadeavailable inJanuary2016,withasubmittaldeadlineofFebruary10,2016.Copiesofallapplicationsreceived areincludedwiththisreportasAttachmentNo.1,the2016/2017FederalGrantFundingApplication Notebook. HousingstaffreviewedtheapplicationsreceivedtoensureeligibilityandconsistencywiththeCity’s goalsandobjectivesandtoprovidefundingrecommendationsforthe2016/17programyear.The recommendations were publically released on March 10, 2016. Forpurposesofthisreport,thefederalgrant(CDBG,HOME,andESG)fundingrecommendations City of Chula VistaPage 3 of 8Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 398 File#:16-0015, Item#: 12. are presented individually with each corresponding funding category. Community Development Block Grant (CDBG) TheCitywillutilizeatotal$1,920,628ofCDBGfundsforFY2016/2017.Fundingisallocatedinto3 distinctcategories.AllprojectstobeconsideredforCDBGfundingmustaddressatleastoneofthe following CDBG national objectives: Benefit primarily low and moderate income families; Aid in the prevention or elimination of slums or blight; or, Meet other community needs having a major emergency (disasters, etc.) Refer to Attachment No. 2 for the CDBG funding recommendations. 1.Administration/Planning Recommendation: Fundsunderthiscategorycoverallcostsassociatedwiththemanagementandadministrationof ChulaVista'sCDBGprogram,includingregulatorycompliance,contractadministration,subrecipient monitoringandfiscalmanagement.Thisalsoincludespreparationoftherequiredplanning documents,suchastheAnnualActionPlan,theConsolidatedPlan,andtheAnalysisofImpediments toFairHousingChoice.FederalregulationsgoverningtheCDBGprogramlimittheamountthatthe City spends on administration/planning activities to 20% of the grant funds used in the program year. 2.Public Services Program Recommendation: FundsforPublicServicesactivitiesareawardedtolocalagenciesandcommunity organizationstoimplementprojectsandprogramsthatimprovethelivesoflowincome residentswhichincludeelderly,disabled,at-riskandhomeless.TheamountoffundstheCity mayallocatetopublicservicesislimitedtofifteenpercent(15%)oftheannualentitlement. Staff’sfundingrecommendationsforpublicserviceactivitiesarebasedonfundingpriorities establishedintheConPlan,alongwithestablishedrankingcriteria.Atotaloften(10)public servicesapplicationswerereceived.Staffrecommendsmaintainingprioryearfundinglevels for all applicants for a total recommendation of $242,962. 3.Capital Improvement and Housing Related Activities: Atotalof$1,293,540isavailableforeligiblecapitalimprovementprojects,publicfacility improvements,andotherhousing/communitydevelopmentrelatedactivities.TheCityhas earmarked$759,858fortheCity’sSection108debtservicepaymentontheSection108loanforthe CastleParkInfrastructureImprovementProgramand$50,000forHousingServices.Theremaining funds in the amount of $483,682 are available for new projects. Tobeconsideredeligibleforfundingwithinthiscategory,aprojectmustfirstmeetaHUDNational Objective(locatedinalowandmoderateincomecensustract),notberegionalinnature,andbe locatedinaserviceareathatisprimarilyresidential.FundingrecommendationsforCapitaland Housing Related Activities are then prioritized based on the following criteria: Eligible projects that address priorities listed in the ConPlan; and o Effectiveness of activity by meeting the following: o Leveraging of other funding sources; City of Chula VistaPage 4 of 8Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 399 File#:16-0015, Item#: 12. Number of clients to be served; IdentificationontheCityofChulaVista’sCriticalNeedsList(applicabletoinfrastructure projects,improvementstoparkandrecreationalfacilities,andpurchaseofequipmentor improvements to fire stations). One(1)fundingrequestforcapitalimprovementsandone(1)fundingrequestforpublicfacility improvements are being submitted for Council consideration and are summarized below: Sidewalk Improvements Orange and Palomar $400,000 CDBGfundingisrequestedtocompletesegmentsofPalomarStreetfromOrangeAvenuetoFifth AvenueandOrangeAvenuefromPalomarStreettoFifthAvenuethathavemissingcurb,gutter, sidewalk,andnon-AmericanwithDisabilityAct(ADA)compliantpedestrianramps.Theproposed projectwillprovidefortheconstructionofthemissingpedestrianandADAcompliantfacilityonthe abovesegmentsandatrafficsignalupgradeonPalomarStreetandOrangeAvenue.These segmentsranked#1and#3inpriorityintheChulaVistaPedestrianMasterPlanandwithinthe CDBGeligiblelow/moderateincomeareasinwesternChulaVista.Staffplanstodesigntheproject within-housestaffandawardtheconstructioncontractthroughthecompetitivebiddingprocessto the contractor with the lowest responsible bid. Park Improvements-Western Chula Vista $83,682 CDBGfundingisrequestedforparkimprovementsinWesternChulaVistaintheHolidayEstatesI and II neighborhood. Home Investment Partnerships Act (HOME) TheCitywillreceiveHOMEfundswhichmaybeusedtoprovideaffordablerentalhousingandhome ownership opportunities through: New construction Acquisition Rehabilitation First time homebuyer assistance Tenant-based rental assistance HOMEregulationsrequirecitiestosetaside15percent(%)oftheirannualallocationtoassist CommunityHousingDevelopmentCorporations(CHDOs)inthecreationofaffordablehousingunits. TheCityiscurrentlyexceedingthisrequirementinanaggregateamountof23%.Inconsultationwith HUD,duetoitsgoodstanding,theCityisnotrequiredtosetaside15%ofits2016/17annual entitlement. For2016/17theCitywillutilizetheHOMEentitlementof$577,935forHousingPrioritiesofthe 2016/2019ConsolidatedPlan.Staffrecommendsfundingadministrationandplanningactivitiesatthe maximumfundingamountof$64,215(10%ofentitlement).Administrationandplanningfundsunder thiscategorycoverthecostsassociatedwiththemanagementandadministrationofChulaVista's HOMEprogram,includingregulatorycompliance,contractadministration,andportfolioandfiscal management.Noprojecthasbeenidentifiedatthistimefortheremaining$513,720.Onceaproject is identified staff will return to Council. City of Chula VistaPage 5 of 8Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 400 File#:16-0015, Item#: 12. Emergency Solutions Grant (ESG) ChulaVistawillreceiveESGentitlementfundsintheamountof$159,265forFY2016/17.ESGfunds may be used to provide homeless services through: Homeless Prevention Rapid Re-Housing Street Outreach Emergency Shelter Homeless Management Information Systems (HMIS) TheCityreceivedoneproposalfromSouthBayCommunityServices,alocalhomelessservice provider,fortheiremergencyshelter.TheremainingfundswillbeearmarkedforHomeless PreventionandRapidRe-HousingServices($75,880),PlanningandAdministrationCosts($11,945), and towards the HUD mandated HMIS services ($7,663). Refer to Attachment No. 2 for the ESG funding recommendations. Conclusion StaffrecommendsthattheCityCouncilconductthepublichearingtosolicitinputfromthecommunity onthe2016/17fundingrecommendationspresented.The2016/2017AnnualActionPlanwillbe releasedfora30-dayreviewandcommentperiodonMarch18,2016andwillcloseApril18,2016. StaffwillincorporateallpubliccommentsintothefinalAnnualActionPlan,tobebroughtforwardfor CouncilconsiderationinMay2016.ThefinalplanisduetotheU.S.DepartmentandHousingand Urban Development by May 15, 2016. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundnopropertyholdings within500feetoftheboundariesoftheOrangeAvenueandPalomarStreetSidewalkProjectandthe HolidayEstatesI&IINeighborhoodParkImprovementProject.Staffisnotindependentlyaware,and hasnotbeeninformedbyanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisfor 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 TheCityhasdevelopedadetailedCitizenParticipationPlan(CPP)whichrequirestheparticipationof thecommunity.TheCPPrequirestheCitytoprovidecitizenswithreasonableandtimelyaccessto meetings,information,andrecordsrelatedtothegrantee'sproposedandactualuseoffunds.A minimumoftwopublichearingsareheldannuallytoobtaincitizenparticipationatallstagesofthe City of Chula VistaPage 6 of 8Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 401 File#:16-0015, Item#: 12. 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 Consistentwiththefundingprioritiesestablishedinthe2015-2019ConsolidatedPlan,theCDBG, HOMEandESGactivitiesselectedareaimedatprovidingdecentaffordablehousingopportunities andasuitablelivingenvironmentwithadequatepublicfacilities,infrastructureandservices.Services thatsupporttheelderly,disabled,homeless,andyouthallcontributetocommunity’squalityoflife. For a detailed list of services provided please refer to the Application Notebook. CURRENT YEAR FISCAL IMPACT Atthistime,CouncilisreviewingthefundingrequestsforCDBG,HOME,andESGfunds.Thisaction doesnotincludeappropriations.AppropriationsfortheproposedCDBG,HOMEandESGprograms willbeincludedaspartoftheCityManager'sFY2016/17proposedbudget.Thereisnofiscalimpact totheGeneralFundasaresultofthisaction.IntheremoteeventthatHUDshouldwithdrawthe City'sCDBG,ESG,andHOMEfunding;theAgreements/MemorandumofUnderstandingsprovide thattheCityisnotobligatedtocompensatesubrecipientsorCityDepartmentsforprogram expenditures. Recommended funding allocations are summarized in the table below. City of Chula VistaPage 7 of 8Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 402 File#:16-0015, Item#: 12. ONGOING FISCAL IMPACT ThereisnoongoingfiscalimpacttotheCity'sGeneralFundasallcostsassociatedwiththe administration of the CDBG, HOME and ESG programs are covered by the respective grants. ATTACHMENTS Attachment 1: 2016/2017 Federal Grant Funding Application Notebook Attachment 2: 2016/2017 Spending Plan Staff Contact: Angelica Davis or Jose Dorado-Development Services-Housing Division City of Chula VistaPage 8 of 8Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 403 FEDERAL GRANT ENTITLEMENT PROGRAMS CDBG|HOME|ESG FUNDING APPLICATIONS 2016/2017 AND RECOMMENDATIONS The Funding Applications and Recommendations Notebook is a compilation of the funding applications and recommendations for use of the City’s Federal Entitlement Grant Funds (Community Development Block Grant, Home Investment Partnerships Act, and Emergency Solutions Grant). ATTACHMENT NO. 1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 404 U.S. Department of Housing and Urban Development Grants FY 2016/2017 Federal Grants CDBG | HOME | ESG Community Development Block Grant (CDBG) Entitlement$1,920,628 Spending Plan Planning and Administration (up to 20% of entitlement)$384,126 Public Services (up to 15% of Entitlement)$242,962 Section 108 Debt Service Payment$759,858 Capital Improvement and Community Enhancement$533,682 Total CDBG Allocations$1,920,628 HOME Entitlement$642,150 Spending Plan Administration (10% of Entitlement)$64,215 Affordable Housing Projects/Programs $577,935 Total HOME Allocations$642,150 Emergency Solutions Grant (ESG)$159,265 Spending Plan Administration (7.5% of Entitlement)$11,945 Shelter Services$63,777 HPRP and HMIS $83,543 Total ESG Allocations$159,265 TOTAL COMBINED GRANT AMOUNTS $2,722,043 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 405 U.S. Department of Housing and Urban Development Federal Grant Programs (CDBG | HOME | ESG) 2016/2017 FUNDING PLAN CDBG Administration Tab Amount ApplicantProject No.Recommen. 1DSD Housing DivisionCDBG Administration$ 349,126 2DSD Housing DivisionFair Housing Services$ 35,000 $ 384,126 CDBG Public Services Tab Amount ApplicantProject No.Recommen. 3C.V. Community CollaborativeF.R.C. Emergency and Basic Services$ 39,312 4San Diego Food BankFood 4 Kids Backpack Program$ 15,000 5Meals on WheelsHome Delivered Meals for Seniors$ 12,000 6South Bay Community ServicesSouth Bay Food Program$ 10,000 7Interfaith Shelter NetworkRotational Shelter Network$ 11,000 8Family Health Centers of San DiegoKidCare Express Mobile Medical Unit$ 27,000 9South Bay Community ServicesFamily Violence Treatment Program$ 39,000 10South Bay Community ServicesAt-Risk and Homeless Youth Svcs.$ 39,550 11Recreation DepartmentTherapeutic Program$ 20,100 12Recreation DepartmentNorman Park Senior Center Services$ 30,000 $ 242,962 CDBG Capital Improvement Projects and Community Development Tab Amount ApplicantProject No.Recommen. 13Public Works DepartmentPalomar and Orange Sidewalk$ 400,000 14Public Works DepartmentHoliday Estates Park Improvements$ 83,682 15DSD Housing DivisionHousing Services$ 50,000 16DSD Housing DivisionSection 108 Payment$ 759,858 $ 1,293,540 HOME Program Tab Amount ApplicantProject No.Recommen. 17DSD Housing DivisionHOME Admin. & Planning$ 64,215 18DSD Housing DivisionProduction of Affordable Housing$ 577,935 $ 642,150 ESG Program Tab Amount ApplicantProject No.Recommen. 19DSD Housing DivisionESG Admin. & Planning$ 11,945 20South Bay Community ServicesCasa Nueva Vida I$ 63,777 21South Bay Community ServicesHMIS$ 7,663 22DSD Housing DivisionRapid ReHousing Program$ 75,880 $ 159,265 TOTAL GRANT FUNDING$ 2,722,043 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 406 ΐ Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ ȃ $3$ (®´²¨¦ Project | Program: Planning/Administration 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Funds will be used for the staff costs associated with the management and administration of Chula Vista's CDBG program. This includes preparation of the required Project | Program Description: planning documents, regulatory compliance, contract oversight of the partnering agencies, environmental reviews and fiscal management. Project Category: I. Planning/Administration Target Population 21A - General Program Administration (570.206) : (and HUD Eligibility Code) FUNDING Grant Program: Amount Requested: Amount Recommended: $349,126 CDBG (B-16-MC-06-0540)$349,126 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 407 Α Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ ȃ $3$ (®´²¨¦ Project | Program: & ¨± (®´²¨¦ 3¤±µ¨¢¤² 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Cities receiving CDBG funds have the obligation to affirmatively further fair housing by providing fair housing related services which include anti-housing Project | Program Description: discrimination and tenant-landlord education services to advise persons of their rights under the Fair Housing Act. Project Category: I. Planning/Administration Target Population 21D - Fair Housing Activity : (and HUD Eligibility Code) Chula Vista Goal/Objective: Public Services (Special Needs and/or Low Moderate HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $35,000 CDBG (B-16-MC-06-0540)$35,000 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 408 Β Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #§´« 6¨²³ #®¬¬´¨³¸ #®«« ¡®± ³¨µ¤ & ¬¨«¸ 2¤²®´±¢¤ #¤³¤± %¬¤±¦¤¢¸ £ " ²¨¢ Project | Program: Services 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Low income and vulnerable families in Chula Vista will be provided emergency and basic needs services. Families in crisis or emergency situations will be Project | Program Description: provided with emergency food boxes, grocery store gift cards, clothing, uniforms, ancillary and transportation services as well as an assessment for additional and ongoing services. Project Category: II. Public Service Target Population 05 - Public Services \[570.201(e)\] : (and HUD Eligibility Code) Proposed Number to Serve: 325 Low/Moderate Income Persons Chula Vista Goal/Objective: Public Services (Special Needs and/or Low Moderate) HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $39,312 CDBG (B-16-MC-06-0540)$39,312 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 409 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 410 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 411 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 412 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 413 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 414 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 415 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 416 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 417 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 418 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 419 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 420 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 421 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 422 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 423 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 424 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 425 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 426 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 427 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 428 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 429 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 430 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 431 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 432 Γ Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: * ¢®¡² lj #´²§¬ 3 $¨¤¦® &®®£ " ª Project | Program: &®®£Γ+¨£² " ¢ª¯ ¢ª 0±®¦± ¬ 02/*%#4 ).&/2-!4)/. !.$ %,)'IBILITY The Food4Kids Backpack Program provides food to elementary school children who receive free/reduced- Project | Program Description: price school meals during the week but risk hunger during the weekends when school meals are unavailable. Project Category: II. Public Service Target Population 05D - Youth Services : (and HUD Eligibility Code) Proposed Number to Serve: 75Youth Chula Vista Goal/Objective: Public Services (Special Needs and/or Low Moderate) HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $15,000 CDBG (B-16-MC-06-0540)$15,000 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 433 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 434 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 435 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 436 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 437 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 438 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 439 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 440 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 441 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 442 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 443 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 444 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 445 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 446 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 447 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 448 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 449 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 450 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 451 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 452 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 453 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 454 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 455 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 456 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 457 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 458 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 459 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 460 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 461 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 462 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 463 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 464 Δ Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 INFORMATION Applicant: -¤ «² ® 7§¤¤«² Project | Program: 3¤¨®± # ±¤ ¨ ³§¤ #¨³¸ ®¥ #§´« 6¨²³ 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 The program will deliver approximately 125,925 meals to 230 unduplicated homebound seniors living in the Project | Program Description: City of Chula Vista accompanied by daily welfare/safety checks with referrals if necessary and daily social visits in the home. Project Category: II. Public Service Target Population 05A - Senior Services : (and HUD Eligibility Code) Proposed Number to Serve: 230 Elderly Persons Chula Vista Goal/Objective: Public Services (Special Needs and/or Low Moderate) HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $12,000 CDBG (B-16-MC-06-0540)$12,000 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 465 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 466 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 467 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 468 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 469 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 470 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 471 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 472 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 473 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 474 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 475 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 476 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 477 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 478 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 479 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 480 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 481 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 482 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 483 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 484 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 485 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 486 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 487 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 488 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 489 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 490 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 491 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 492 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 493 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 494 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 495 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 496 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 497 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 498 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 499 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 500 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 501 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 502 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 503 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 504 Ε Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: 3®´³§ " ¸ #®¬¬´¨³¸ 3¤±µ¨¢¤² Project | Program: 3®´³§ " ¸ &®®£ Program 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 The South Bay Food Program includes Thursday's Meals (weekly hot meals), a community distribution (operating Project | Program Description: out of 707 F Street and Castle Park Middle School), and SBCS' In-House Emergency Food Program, for homeless and needy Chula Vista families/residents in need. Project Category: II. Public Service Target Population 05 - Public Services \[570.201(e)\] : (and HUD Eligibility Code) Proposed Number to Serve: 400 Low/Moderate and Homeless Persons Chula Vista Goal/Objective: Public Services (Special Needs and/or Low Moderate) HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $10,000 CDBG (B-16-MC-06-0540)$10,000 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 505 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 506 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 507 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 508 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 509 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 510 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 511 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 512 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 513 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 514 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 515 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 516 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 517 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 518 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 519 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 520 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 521 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 522 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 523 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 524 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 525 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 526 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 527 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 528 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 529 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 530 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 531 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 532 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 533 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 534 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 535 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 536 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 537 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 538 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 539 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 540 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 541 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 542 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 543 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 544 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 545 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 546 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 547 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 548 Ζ Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: )³¤±¥ ¨³§ 3§¤«³¤± .¤³¶®±ª Project | Program: 2®³ ³¨® « 3§¤«³¤± .¤³¶®±ª 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 The project will provide seasonal, night-time emergency shelter to homeless low-to-moderate income families and individuals and services to assist moving individuals Project | Program Description: and families towards transitional or permanent housing. Shelter guests are referred to sub-contracted social service agencies for intake, screening, and on-going case management. Project Category: II. Public Service Target Population 05 - Public Services \[570.201(e)\] : (and HUD Eligibility Code) Proposed Number to Serve: 30Homeless Persons Chula Vista Goal/Objective: Public Services (Special Needs and/or Low Moderate HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $11,000 CDBG (B-16-MC-06-0540)$11,000 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 549 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 550 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 551 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 552 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 553 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 554 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 555 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 556 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 557 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 558 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 559 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 560 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 561 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 562 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 563 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 564 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 565 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 566 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 567 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 568 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 569 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 570 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 571 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 572 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 573 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 574 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 575 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 576 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 577 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 578 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 579 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 580 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 581 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 582 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 583 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 584 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 585 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 586 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 587 Η Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: & ¬¨«¸ (¤ «³§ #¤³¤±² ®¥ 3 $¨¤¦® Project | Program: -®¡¨«¤ -¤£¨¢ « 5¨³ 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 The Mobile Medical Unit provides high-quality healthcare to low/moderate income persons, including homeless individuals and families. The MMU is a Project | Program Description: licensed medical clinic that provides full primary care medical services and referrals; thereby eliminating financial, cultural, linguistic, and transportation barriers to preventive healthcare. Project Category: II. Public Service Target Population 05M - Health Services : (and HUD Eligibility Code) Proposed Number to Serve: 500 Low/Moderate Income Persons Chula Vista Goal/Objective: Public Services (Special Needs and/or Low Moderate) HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $27,000 CDBG (B-16-MC-06-0540)$30,000 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 588 FY 2016-2017 CDBG PROGRAM FUNDING APPLICATION Application Number: Project category: Public service (CDBG Program Office Use Only) (check one only) Capital improvement Applicant Agency Information Applicant legal Family Health Centers of San Diego Type of agency: 501(c)(3)Gov’t./Public For Profit Faith-BasedOther: 823 Gateway Center Way 95-2833205 Agency Address: Agency Tax Identification #: 1970 42DT4 Agency Central Contractor Date of Registration# Incorporation: (http://www.ccr.gov) Agency Annual $153,307,61402053-1893 Agency DUNS # Operating Budget: Number of paid 1,38151 Number of volunteers: staff: Agency mission statement: Family Health Centers of San Diego’s mission is to provide caring, affordable, high-quality healthcare and supportive services to everyone, with a special commitment to uninsured, low-income and medically underserved persons. Project Title Mobile Medical Unit (MMU) Project Description (Briefly describe your project/program): The MMU program provides high-quality primary healthcare to low and moderate income persons, including homeless individuals and families. The MMU is a licensed medical clinic that provides full primary care medical services and referrals, thereby eliminating financial, cultural, linguistic, and transportation barriers to preventive healthcare. Funding Request Total funding requested in this application Other funds already secured for $30,000 $0 (you will provide a detailed budget in Appendix C: project: Other funds not yet secured for Total cost to complete project: $468,244 $468,244 project: Project Information If Project is a Public Service, will service be site specific? Yes No Is Census Tract designated as If your answer is yes, please provide: Address(es) below: Census tract: a Low/Moderate Income CT? Yes No Yes No Yes No 3 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 589 Section 1: Project Details (Max Score: 25 Points) 1.1. Provide a concise description of the proposed project/program. If the project/program consists of a variety of activities, you must include all (i.e. food, case management, etc.) The MMU program provides high-quality healthcare to low and moderate income persons, including homeless individuals and families. The MMU is a licensed medical clinic that provides full primary care medical services and referrals, thereby eliminating barriers to preventive healthcare, improving life in Chula Vista. 1.2. Project start date: July 1, 2016 Anticipated end date: June 30, 2017 1.3. Project’s days/hours of operation: Monday through Friday, 8am to 5pm, varying by day and location Public service Suitable living environment 1.4. Project 1.5 Project category: objective: Decent housing Capital improvement and (check one only) (check one only) Economic opportunity Public Facility Improvements Availability/accessibility 1.6 Project Affordability outcome: Sustainability (check one only) 1.7 The following questions on individual clients and households to be served apply only to Public Service, and Minor Residential Rehabilitation projects: Will the project serve individual clients (IC) or households (HH)? Individual clients Households Total unduplicated IC/HH served in 500 Annual cost per client/household:$60.00 1.8. CDBG Criteria: Which CDBG criterion below does your proposed project meet? Area benefit: (1) At least 51% of residents within the targeted activity area are low to moderate income (LMI). Please provide a map identifying the Census Tracts designated as LMI. If your project serves all the residents of a given area, such as projects related to a community center/public facility or a fire station, please provide a map or maps with the project service area(s) boundaries clearly outlined. Failure to provide service area maps with the applicable, will make the project to be deemed incomplete and ineligible for funding. Limited clientele (2) (select subpart below): (a) Special needs group (select benefit group from the list below): (i) Abused children (ii) Elderly persons 62 years or older (iii) Battered spouses (iv) Severely disabled – Census definition; documentation required (v) Persons living with HIV/AIDS (vi) Migrant farm workers (vii)Homeless persons (b) At least 51% of clientele to be served must be LMI. Housing (3) (select subpart below): (a) Single family (must be 100% LMI)(b) Multi-unit (must be 51% LMI) 1.9. The 2015-2019Consolidated Plan goals are listed below. Select the goal appropriate to your project: Affordable Rental Housing Opportunities Maintenance and Preservation of Housing (rehabilitation activities) Homeownership Opportunities (homebuyer programs) Community Enhancement (public facilities/spaces) Public Services to Special Needs Population and/or Low Moderate Income Persons 4 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 590 1.10 Program Narrative: Explain below your proposed project and make the case why it should be awarded funding. With City of Chula Vista CDBG support, Family Health Centers of San Diego (FHCSD) will continue to operate the Mobile Medical Unit (MMU) program which provides high-quality, culturally-competent primary healthcare to low and moderate income (LMI) individuals, as well as the medically-underserved. MMU clients include people experiencing homelessness; public housing residents; people with mental health and substance abuse issues; and at-risk children, youth, and adults. The South Bay, which includes the City of Chula Vista, leads the county in high rates of chronic and infectious diseases. In addition, LMI persons experience health disparities due to social determinants of health such as homelessness, food insecurity, low levels of education, and lack of health insurance coverage which create barriers to accessing traditional health services. LMI residents often have difficulty obtaining healthcare due to transportation barriers, language and cultural barriers, and not being able to take time off from work to go to a clinic. Among people experiencing homelessness, these challenges are further exacerbated because even with good healthcare, being homeless is not conducive to healing or preventative care because it does not provide a place of physical safety from which to get proper sleep and nutrition or to take medications regularly. FHCSD’s MMU program overcomes these challenges by eliminating financial, cultural, linguistic, and transportation barriers to care by bringing much needed medical services to LMI and medically-underserved people where and when they need them. The MMU program consists of a fleet of three 40-foot-long converted buses that operate as fully-licensed medical clinics on wheels. The goal of the MMU program is to increase access to primary healthcare. The MMU provides full primary care medical services including immunizations, well check-ups, preventive care, illness management, health screenings, pregnancy tests and gynecological exams, and referrals to other supportive services. All patients served by the program are screened for health insurance coverage. Uninsured patients who are eligible for coverage are offered application assistance. We have been providing healthcare aboard our MMUs throughout San Diego County since 1998. FHCSD collaborates with over 400 health, educational, and social service agencies to deliver primary healthcare and supportive services to LMI and medically-underserved people, including homeless individuals, children, youth, and adults. According to the 2015 Point In Time Count conducted by the Regional Task Force on the Homeless, there are 8,742 homeless individuals in San Diego County. Of these, 498 individuals are found in Chula Vista. These individuals include military veterans, people with severe mental illness, those struggling with chronic substance use, people living with HIV/AIDS, and those affected by domestic violence. At FHCSD’s two Chula Vista fixed-site clinics, Rice Family Health Center and Chula Vista Family Health Center, we served 1,562 individuals who met the federal definition of homelessness through 5,663 encounters in 2015. As the operator of the federal Health Care for the Homeless program in San Diego County, we know that homeless individuals and families often lack access to affordable healthcare and are often underserved. Our agency collaborates with community partners throughout the county like South Bay Community Services, South Bay Homeless Advocacy Coalition, and Regional Task Force on the Homeless to provide respectful, culturally-competent, and high-quality services to people experiencing homelessness. We also work with the Chula Vista Elementary School District and the Sweetwater Union High School District to provide MMU services to students and their families on campus. We currently provide mobile healthcare on a regular basis throughout the school year at Castle Park Elementary, Castle Park Middle School, Vista Square Elementary, and Feaster Charter School. To increase access to healthcare for your children and their families, in 2014 we added Episcopal Community Services Head Start to the program. In addition, the MMU program partners with several nonprofit mental health and substance abuse recovery agencies to deliver primary healthcare at sites throughout the South Region. In Chula Vista, we partner with South Bay Regional Recovery Center to deliver healthcare to residential clients. In addition to being a vital community program that provides medical services to people in Chula Vista where and when they need them, our MMU also serves as a bridge to a broader system of care. MMU staff routinely assist patients in establishing a primary care medical home at Rice Family Health Center, Chula Vista Family Health Center, or other clinics in the area. By linking MMU patients to a medical home, patients are poised to experience better health outcomes through continuity of care. FHCSD has a proven track record of providing MMU services to vulnerable populations. We are the largest Federally Qualified Health Center in the county, making us a critical provider of safety-net healthcare—and we were one of the first 5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 591 clinics in California to provide mobile medical care to low-income people. Through our skilled staff, well-cultivated partnerships, effective approaches, and a robust infrastructure, our program is able to demonstrate success through measurable outcomes. Our MMU has been credited with community accomplishments such as improving attendance at elementary schools, delivering life-saving care, and reducing inappropriate use of local emergency rooms. The profound impact of the MMU program to increase access to healthcare and improve the living environment for LMI people living in the city is best illustrated in the recent story of one of our clients. Jennifer (name changed) came to the MMU for a follow up after a visit to the emergency room. She was found to have had a cystic lesion in the pancreas, a potential sign of cancer. Jennifer was uninsured so our staff worked with her and our Care Coordination department to schedule an MRI. Happily, the MRI did not find any evidence of cancer. Through the MMU program and coordinated referrals, Jennifer was able to get peace of mind knowing she did not have pancreatic cancer. Had the MRI indicated cancer, Jennifer would have had more treatment options available to her due to the early diagnosis. This story is just one example, among many, of the important role the MMU program plays in improving residents’ health and quality of life in Chula Vista, the South Bay, and throughout San Diego. 6 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 592 (Max Length for Questions 1.10 to 1.15: 2 Pages) 1.11. Explain how the proposed project addresses the goal selected: The MMU program improves life in Chula Vista by increasing access to healthcare for LMI and medically-underserved persons by eliminating financial, cultural, linguistic, and transportation barriers often associated with primary medical care services. By bringing the MMU to local schools, social service agencies, and store parking lots, we are helping vulnerable populations receive vital healthcare services. Unfortunately, many of these patients, especially homeless individuals, are forced to rank their healthcare secondary to food and shelter. MMU services allow LMI patients to receive healthcare (that they might otherwise forgo) in a timely manner when serious conditions are still preventable. MMU services are provided to LMI and medically-underserved patients in Chula Vista (and other areas of San Diego) approximately 32 hoursper week in convenient, easily-accessible locations such as school campuses and store parking lots. In FY 2016-2017, we anticipate serving 500 Chula Vista residents, including homeless persons, individuals with substance abuse or mental health issues, public housing residents, and at-risk children, youth, and adults. 1.12. Summarize any statistics and other supporting documentation that demonstrate the importance of addressing this need or problem: According to the County Community Health Statistics Unit, the South Region, of which, Chula Vistamakes up the vast majority, leads the county in high rates of several cancers as well as chronic and infectious diseases. Chula Vista also has the highest 3-4-50 death rate in the South Region according to Live Well San Diego data. The 3-4-50 principle pertains to 3 behaviors—poor diets, physical inactivity, and smoking, which contribute to 4 chronic diseases: cancer, heart disease and stroke, diabetes, and respiratory conditions, which in turn are responsible for over 50 percent of deaths worldwide. The 2013 3-4-50 death rate for Chula Vista (561.09 per 100,000) is considerably higher than the rate for the South Region overall (343.89 per 100,000), and for San Diego County (356.28 per 100,000). Life expectancy in the South Region is lower than the average for San Diego County (82.1 years versus 82.3 years). The rate of unintentional injuries in the South Region is considerably higher than the average for San Diego County (6,108 versus 5,719 per 100,000), and Chula Vista has the highest rate of hospitalization due to assault, suicide, self-inflicted injury, and fall-related deaths, hospitalizations, and emergency department discharges in the South Region. According to the 2015 Point In Time Count conducted by the Regional Task Force on the Homeless, 24% of Chula Vista’s unsheltered homeless population are chronically homeless individuals, and 63% had been homeless a year or longer at that time. More than half (52%) of Chula Vista’s unsheltered homeless population used the emergency room in the past year and 31% have no health insurance. Homelessness is linked with greater need for mental health and supportive services, as well as increased use of paramedics and emergency hospital care. Insurance, or the lack thereof, is also an issue. Despite the passage of the Affordable Care Act, the Council of Community Clinics estimates that 275,000 San Diegans are uninsured, and nearly 23% of people living in Chula Vista (more than 26,000 individuals) lack health insurance coverage (San Diego County Demographics Profile, 2015). In addition, residents in the South Region, face other barriers to care that the MMU tries to overcome. For instance, South Region residents experience higher unemployment rates than the San Diego County Average (13.1% versus 10.3%) and the per capita income for the South Region is the lowest among all county regions ($23,709 compared with $31,709 for the county average). More than one out of every four (25.45%) families with children in Chula Vista live below the poverty level. More than 13,400 Chula Vista residents are living with a disability (almost 12% of the population). The South Region also has the highest rate of linguistic isolation in the county; 12.5% of South Region residents are isolated because they are unable to communicate effectively in English compared with the county average of 8.6%. These statistics, and the fact that San Diego is one of the few large counties in California without a county hospital, indicate a pressing need for readily accessible and affordable healthcare services in Chula Vista and surrounding communities. As the largest provider of safety-net healthcare in San Diego County, FHCSD serves the highest-risk and most vulnerable populations. 80% of MMU patients typically have neither health insurance nor the means to pay for their visit and no one is turned away based on an inability to pay. Compared with other County regions, South Region residents are more likely to use public services (such as community clinics like FHCSD) as their usual source of care. Thus, the MMU provides a critical healthcare resource in Chula Vista. 7 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 593 1.13. List each service provided by the project. For each service, indicate whether it is a new service or an expansion of an existing service: 1. Culturally-competent full primary care medical services including immunizations, well check-ups, preventive care, illness management, health screenings, pregnancy tests, and gynecological exams. 2. Linkage to a medical home. 3. Health insurance screening and enrollment assistance. 4. Assisted referral to other critical services such as mental health, vision care, dental care, andpecialty care when needed. 1.14. How does your agency plan to tell the target population about the project/services? FHCSD has a long history of working with over 400 health and social service agencies throughout San Diego County to promote services like the MMU to LMI and medically-underserved persons. We work with our community partners to reach the target population for our MMU program. A monthly schedule of MMU clinic sessions is created based on an annual needs assessment and provided to all partners. When possible, patients are encouraged to contact FHCSD directly to schedule an appointment or identify where the closest MMU clinic session will be held. Walk-in patients without appointments also are welcome. In addition, our Patient Engagement Specialists conduct extensive outreach in Chula Vista to ensure that people know about the services available on the MMU as well as to identify needs in the community. The MMU Manager actively reviews program metrics and develops new sites and partnerships for the MMU program based on community needs and demographics. Our talented marketing team creates print media and promotional items and helps us promote the MMU online via our website, Facebook page, and at community events. The high quality care we provide keeps our patients coming back and encourages word of mouth referrals to family and friends. 1.15. List a minimum of three outcomes for each individual service you are providing as part of your program. For each outcomes listed, provide the number of participants who will benefit and the way data will be collected to track or verify the outcome. Service to be Provided (i.e. food, transportation, case management, etc.). 1. Culturally-competent healthcare services OutcomesNumber of Proposed BeneficiariesMethod of Data Collection 1.Unique LMI patients will receive 500Electronic Health Records, Clinical healthcare. Information Management System 2. Homeless patients will receive 35 Electronic Health Records, Clinical healthcare. Information Management System 3. LMI patients will receive healthcare 500Electronic Health Records, Clinical through a minimum of 572 Information Management System encounters/visits. Service to be Provided (i.e. food, transportation, case management, etc). 1. Linkage to a medical home OutcomesNumber of Proposed BeneficiariesMethod of Data Collection 1. LMI patients will receive healthcare 500Electronic Health Records, Clinical through a minimum of 572 Information Management System encounter/visits. 2. LMI patients will have increased 500Electronic Health Records, Clinical access to ongoing healthcare.Information Management System 3. Homeless patients will receive 35 Electronic Health Records, Clinical information and referral to the nearest Information Management System medical home, and have increased access to ongoing healthcare. Service to be Provided (i.e. food, transportation, case management, etc). 3. Health insurance screening and enrollment assistance OutcomesNumber of Proposed BeneficiariesMethod of Data Collection 1. LMI patients will be screened for 500Electronic Health Records, Clinical health insurance coverage. Information Management System 2. LMI patients will have increased 500Electronic Health Records, Clinical access to ongoing healthcare.Information Management System 3. Homeless patients will receive 35 Electronic Health Records, Clinical 8 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 594 information and referral to the nearest Information Management System medical home, and have increased access to ongoing healthcare. Service to be Provided (i.e. food, transportation, case management, etc). 2. Referrals to other services OutcomesNumber of Proposed BeneficiariesMethod of Data Collection 1. LMI homeless patients will receive Service provided on an as-needed Electronic Health Records, Clinical referrals to mental health services. basis. Number of patients to be served Information Management System is unknown, but all will be screened for need. 2. LMI and homeless patients will Service provided on an as-needed Electronic Health Records, Clinical receive referrals to vision care. basis. Number of patients to be served Information Management System is unknown, but all will be screened for need. 3. LMI and homeless patients will Service provided on an as-needed Electronic Health Records, Clinical receive referrals to dental care. basis. Number of patients to be served Information Management System is unknown, but all will be screened for need. 1.16. Will the project collaborate with other service providers in the community? If yes, list them Yes No and briefly describe the collaboration: FHCSD collaborates with over 400 health and human service agencies to deliver primary healthcare to medically- underserved persons including homeless individuals, people with substance abuse and mental health issues, public housing residents, at-risk children, youth, and adults, and other LMI individuals. For example, we partner with local nonprofit homeless shelters and public housing sites to deliver primary healthcare to people without transportation or insurance. We also partner with nonprofit mental health and substance abuse recovery agencies such as Vista Hill and Mental Health Systems to deliver care to their residential clients. Another means by which we reach LMI children and families is through our partnership with Episcopal Community Services Head Start. Our MMU program has a strong partnership with the Chula Vista Elementary School District, the Sweetwater Union High School District, community centers and other locales (e.g., store parking lots) to deliver mobile healthcare to those who need it. 9 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 595 Section 2: Agency Capacity (Max Score: 10 Points) 2.1. Who will be the person responsible for the overall oversight of the proposed project? Name of person: Fran Butler-Cohen Title of person: CEO Relevant education: MBA Telephone number: 619-515-2301 Date first employed: 1986 2.2. Who will be the alternate person responsible for the overall oversight of the proposed project? Name of person: Robert Lewis Title of person: Director of Special Populations Relevant education: B.A. in Business Administration, 20+ years healthcare experience Telephone number: 619-515-2586 Date first employed: 1997 2.3 Who will be the person responsible for the day-to-day operations and management of the proposed project? Provide no more than two individuals: Name of person: Blanca Mendez Title of person: Manager, Mobile Medical Units Relevant education: High School Diploma, bilingual, 15 years healthcare experience Telephone number: 619-515-2329 Date first employed: 2000 Name of person: Title of person: Relevant education: Telephone number: Date first employed: 2.4. Who will be the person responsible for the financial oversight of the CDBG expenditures and fiscal compliance? Provide no more than two individuals: Name of person: Ricardo Roman Title of person: CFO Relevant education: Masters in Taxation, B.A. in Accounting Telephone number: 619-906-4603 Date first employed: 2010 Name of person: Fran Butler-Cohen Title of person: CEO Relevant education: MBA Telephone number: 619-515-2301 Date first employed: 1986 10 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 596 (Max Length for Questions 2.5 to 2.8: 1 Page) 2.5. List the evaluation tools your agency plans to employ to track and monitor the progress of the project. FHCSD’s Electronic Health Records (EHR) and Clinical Management Information System (CMIS) will be used to track the MMU’s number of unduplicated patients cared for, number of patient encounters (visits), and the number of patients who meet the federal definition of homelessness. These systems also are capable of tracking patients who are linked to an FHCSD medical home, offered health insurance enrollment assistance, and referred to other health and support services. The Program Manager will review monthly data reports against established goals and objectives set for the project period. Continuous quality improvements to the program will be made, as needed, to ensure that the MMU addresses community needs and meets or exceeds program goals. In addition, MMU staff will publish a monthly schedule of MMU sessions and locations, and maintain regular contact with key partner agencies (e.g., Chula Vista Elementary School District and Sweetwater Union High School District) and site contacts to ensure that the MMU is successfully providing high-quality healthcare services when and where they are needed. 2.6 Your organization must haveprogrammatic Policies and Procedures in place for the specific program you are applying for. Use the following checklist below as a tool to ensure that they meet the minimum requirements to administer a CDBG-funded program. In the event that your organization is funded you will be required to submit a copy of your Policies and Procedures.(For the purposes of this checklist, the term applicant refers to the program participant/beneficiary). i.Do the Policies and Procedures set out the process for determining the eligibility of the program applicant(s) X prior to receiving service/assistanceto ensure that the program meets a HUD National Objective §570.208? ii.Do the Policies and Procedures Set out the process for determining the number of eligible persons in the X applicant(s)’s family? iii. Do the Policies and Procedures identify the process for determining income eligibility of the applicant(s)? X (This applies to Projects that qualify under Limited Clientele and not Presumed Benefit). Does it specify which income method is being used (Part 5 or 1040 method). Does it specify how information on the income status of participants is being requested, updated or properly assessed? iv.Do the Policies and Procedures specify the record keeping requirements, as stated in 24 CFR Part §570.506? X v.For Presumed Benefit Activities: N/A Is the process for collecting information on how the program participants qualify under the presumed benefit category described? \[24 CFR 570.208(a)(2) and 24 CFR 570.506(b)(3)(i)\] Is the process of how information is disseminated to program participants, which are exclusively for presumed benefit, described? \[24 CFR 570.208(a)(2)\] vi.For Limited Clientele Activities: X Do the Policies and Procedures specify the process to determine income eligibility utilizing either 24 CFR Part 5 or the 1040 method? \[24 CFR 570.208(a)(2)(i)(B) and 24 CFR 570.506(b)(3)(iii)\] vii.For Limited Benefit Activities by Nature and Location: N/A Do the Policies and Procedures specify the process for only assisting clientele that live within eligible census tracts? viii.Do the Policies and Procedures include how date is collected on Race and Ethnicity on the applicant, per X HUD requirements for the Community Development Block Grant Program? ix.Do the Policies and Procedures identify the process for submitting quarterly reports to the City of Chula X Vista? x. Do the Policies and Procedures identify the process of safeguarding client information?X xi. Do the Policies and Procedures identify the process for File Managemen t? X 2.7. Describe any unresolved ADA issues in the project or project office and how your agency plans to address them. (If the objective of the project is ADA rehabilitation, do not repeat the project description here.) Our MMU program is fully ADA compliant and does not have any unresolved issues in the project or project office. 2.8. How many members does your Board of Directors have?14 How many Board members are also members of the project’s target population or reside in 10 the project’s target area? Indicate which ones in Appendix F. 11 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 597 Section 3: Auditing Control (Max Score: 15 Points; Max Length: 2 Pages) 3.1. Briefly describe your agency’s payment and disbursement procedures, with relevance to the proposed project: FHCSD utilizes state-of-the-art information systems, accounting software, and automated billing processes to collect, organize, and track key performance data, and to report on the organization’s financial status. We operate an extensive management information system coordinated through our Information Technology (IT) Department. FHCSD has an accounting system whereby costs are recorded by site, by department or program, and by object code or expense type. This system is in accordance with Generally Accepted Accounting Principles and applicable Office of Management Circulars. The chart of accounts and the general ledger are structured by embedding the site, department, program or grant into the full account number. For service budgeting, expenditures, and reporting, a separate fund number is assigned for each grant. This separate fund number enables us to keep a clean accounting of the services provided and expenditures related to them. Budget modifications are submitted for approval when necessary. 3.2. Describe how your agency’s Board of Directors exercises programmatic and fiscal oversight: Our Governing Board of Directors meets monthly for oversight and governance, as codified in the organization’s Amended and Restated Bylaws. The CEO and CFO provide monthly reports to the Board and FHCSD directors provide scheduled reports in accordance with an annual board calendar of topics, such as patient satisfaction, clinical outcomes, environment of care, and compliance measures. The Board provides direct oversight and evaluation of FHCSD’s progress in meeting its annual and long-term programmatic and financial goals. The Board requests presentations over the course of each year that include annual reports on Quality Assurance activities, service area environment of care/emergency, Universal Data System clinic reports, Ryan White Care Act Program (Part C: HIV Early Intervention Services), and patient satisfaction. In addition to specific reports, periodic presentations are provided on key areas including budgets, sliding scale and fees, Health Care for the Homeless and Public Housing activities, and the emergency management plan. The CEO and the CFO provide monthly financial and clinical performance progress reports to the Board. The Board uses this ongoing reporting and exchange of information to support strategic planning and continuous review of FHCSD’s bylaws, policies, and procedures, patient satisfaction, and effectiveness in fulfilling our mission. 3.3. Briefly describe your agency’s financial reporting system/accounting procedures, with relevance to the proposed project: A monthly financial report is prepared for every grant or contract, summarizing the revenue recognized and the expenses incurred for the month and year-to-date compared to the grant budget. FHCSD also utilizes the Serenic Navigator accounting software to track the organization’s financial status, including revenues, funds and expenses by grantor and other funding source, by site/location, by department/cost center, and by any combination of those parameters. We maintain detailed policies and procedures that govern processes for approval of all purchasing, cash receipts, cash disbursement, payroll, investment, patient/third party billing and revenue-related activities and transactions. A strong system of internal control is structured through implementation and oversight of these procedures. FHCSD receives an annual audit under requirements of the U.S. OMB Circular A-133 (Audits of States, Local Governments and Non-Profit Organizations), performed in compliance with federal audit requirements. 3.4. Briefly describe your agency’s record keeping system, with relevance to the proposed project: FHCSD has a robust infrastructure which includes EHR and CMIS that allow us to manage both patient and financial records. Our Accounting Department maintains financial records for a minimum of seven years. 12 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 598 3.5. Briefly describe your agency’s auditing requirements, including those for the proposed project: In accordance with U.S. OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations, FHCSD receives an annual external audit performed in compliance with federal audit requirements. Our latest audit covers the period July 1, 2014 to June 30, 2015. There have been no major findings or questioned costs in two decades. FHCSD’s Accounting Department closely tracks grant expenditures. Expenditure reports for the MMU program are reviewed regularly by the Director of Special Populations. 3.6. Briefly describe your agency’s internal controls to minimize opportunities for fraud, waste, and mismanagement: FHCSD has established written policies and procedures to minimize fraud, waste, and mismanagement. These policies govern separation of duties in processing transactions as opposed to approval and authorization; handling of cash against recording in the books; writing checks separated from those who authorize; reconciliation process separate from those who record the transaction; and disclosure of conflict of interest. In addition, strict internal controls applicable to federal, state, county, and city grants and contracts cover: 1) Proper validation of documentation for evidence that a recorded transaction actually took place and that it occurred in accordance with the prescribed policies and procedures; 2) ensuring accuracy of amounts and account classification; 3) completeness of control processes to ensure that all transactions are initially recorded on a control document and accepted for processing only once recorded; 4) appropriate maintenance control to keep track of accounting records after the entry of transactions to make certain that they continue to reflect the operations of the organization accurately (this involves procedures, decisions, documentation, and subsequent review by a responsible authorized individual, and also ensures proper supervision and segregation of duties); and 5) physical security of assets to ensure adequate protection of the same. 3.7. How does your agency plan to segregate CDBG funds from other agency funds for purposes of identification, tracking, and reporting? FHCSD will segregate CDBG funds from other agency funds by recording costs by site, by department or program and by object code or expense type. The chart of accounts and the general ledger are structured by embedding the site, department, program or grant into the full account number. For service budgeting, expenditure tracking, and reporting, a separate fund number is assigned for each grant. This separate fund number enables us to keep a clean accounting of the services provided and expenditures related to them. FHCSD is experienced in establishing and maintaining systems for the provision of claims data and information for billing purposes. A monthly financial report is prepared for every grant or contract, summarizing the revenue recognized and expenses incurred for the month and year-to-date compared to the grant budget. Depending upon the grant requirement for claims submission, claims are prepared monthly, quarterly, or per requested frequency, with the necessary expenditure information. When claim payments are received, funds are deposited and recorded in the general ledger under the appropriate grant. FHCSD’s system is in accordance with generally accepted accounting principles and all applicable Office of Management Circulars. 13 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 599 Section 4: Agency Experience (Max Score: 10 Points; Max Length: 1 Page for Section 4/5 Combined) 4.1. Briefly highlight your agency’s experience and major accomplishments in providing services to LMI residents and/or communities. FHCSD has extensive experience caring for LMI residents and/or communities, providing comprehensive services at 38 sites throughout the county, including 22 primary healthcare clinics, 6 dental clinics, 4 behavioral health facilities, a safety-net pharmacy, and a vision clinic. We are San Diego’s largest provider of comprehensive HIV services and school- based health services, and coordinate development and behavioral services for low income children aged birth to 5 in two county regions. In addition, FHCSD operates the federal Health Care for the Homeless program in the county, serving more than 25,000 clients annually. Our commitment to LMI residents is evidenced through the clinic sites we have constructed and operate in communities such as Barrio Logan (our flagship Logan Heights Family Health Center), City Heights, Diamond Neighborhoods, Lemon Grove, El Cajon, Spring Valley, and Chula Vista. FHCSD is the largest Federally Qualified Health Center (FQHC) in San Diego County and the 6th largest FQCH in the nation based on patients served. In 2014, we cared for 130,614 clients through 548,347 encounters. 77% of our patients are persons of color, 40% are uninsured, 77% live at or below 100% of the Federal Poverty Level (FPL), and only 3% are known to live above 200% of the FPL. Between October 2013 and April 2015, we have successfully completed a total of 3,670 enrollments and 131 renewals for Covered California, making us the Certified Enrollment Entity that has enrolled more uninsured patients into healthcare coverage than any other healthcare provider in the county. For those that remain uninsured, we expect to continue to serve as the premier medical home. 4.2. Has your agency received CDBG or other federal funds in any of the past three fiscal years (Fiscal Years 2013-2014, 2014-2015, 2015-2016)? If yes, complete Section 8 for each of the Yes No grants received for the three Fiscal Years 2013, 2014, and 2015. Section 5: Back-Up Plan (Max Score: 5 Points;) 5.1. Will your agency still implement this project should CDBG funds not be awarded? If yes, how Yes No will the implementation be achieved? In the event that FHCSD does not receive CDBG funds for this project, we will work to raise funds from local charitable organizations and foundations that fund healthcare services for low-income, uninsured, and underserved people in the City of Chula Vista. In the past, we have committed agency funds as well, but this is not a long-term sustainable model. 5.2. If funded, how will your agency continue this project if CDBG funds are not available in future years? FHCSD maintains a diversified funding stream from partners at the federal, state, and local levels to facilitate continued operations during financially challenging times. 14 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 600 Section 6: Detailed Budget (Max Score: 10 Points) Complete the attached detailed budget forms in MS Excel. Choose the forms pertaining to your project category. Public service Project Complete Appendices A-1, A-2, and A-3. category: Capital improvement (see below): (check one only) Doesthis Capital Improvement No If no, complete Appendices A-1, A-2, and A-4. Project involve Minor Residential Rehabilitation? Yes If yes, complete Appendices A-1, A-2, and A-5. All project categories must complete the following: Appendix A-1: List of All Funding Sources for the Project Appendix A-2: Three-Month Cash Rule Test Depending on the categoryof your proposed project, complete one of the following: Appendix A-3: Public Service (PS) or Economic Development Project (ED) Schedule 1 – Budget Exhibit Schedule 2 – Personnel Schedule: Gross Pay Schedule 3 – Personnel Schedule: Fringe Benefits Schedule 4 – Indirect Cost/Administrative Overhead (IC/AO) Calculation Schedule 5 – Budget Justification Appendix A-4: Capital Improvement Project (CIP) Schedule 1 – Budget Exhibit Schedule 2 – Budget Justification Appendix A-5: Minor Residential Rehabilitation (MRR) Schedule 1 – Budget Exhibit Schedule 2 – Personnel Gross Pay: Project Management Schedule 3 – Personnel Gross Pay: Fringe Benefits Schedule 4 – Personnel Gross Pay: Construction Management Schedule 5 – Fringe Benefits: Construction Management Schedule 6 – FY 2016-2017 Budget Justification 15 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 601 Section 7: Implementation (Max Length: 1 Page; Max Score: 5 Points) Provide a listingbelow of the specific tasks or activities needed to implement the proposed project and a timeline for their completion (July 2016 – June 30, 2017). Number each task or activity, describe it, and give the projected date of completion. Add additional rows as needed. Completion # Task/Activity Description Date 1 Contract AwardCity Council Awards Funds May 2016 2 Contract AgreementContract Agreement between FHCSD and the City June 2016 3 PreparationsProgram Manager meets with staff to plan for June 2016 upcoming year; sites of service confirmed; MOUs are secured as appropriate 4 Services initiated and continue Services covered by CDBG grant beginJuly 2016- throughout fiscal year 2016-2017June 2017 5 Internal monthly reports Program Manager reviews program data for quality Monthly assurance and continuous program improvement 6 First Quarter Report Program Manager prepares and ensures the 1 st quarter October report is submitted to the City 2016 7 Second Quarter ReportProgram Manager prepares and ensures the 2 nd January quarter report is submitted to the City 2017 8 Third Quarter Report Program Manager prepares and ensures the 3rd April 2017 quarter report is submitted to the City 9 Fourth Quarter ReportProgram Manager prepares and ensures the 4 th quarter July 2017 report is submitted to the City 10 Annual Report Program Manager prepares and ensures the annual July 2017 report for fiscal year 2016-2017 is submitted to the City 16 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 602 Section 8: Identification of Prior Year CDBG and/or Federal Funds 1. Agency name: Family Health Centers of San Diego 2. Project name: KidCare Express Mobile Medical Unit 3. Year of funding: Fiscal Year 2013 Fiscal Year 2014 Fiscal Year 2015 4. Indicate the source of the federal funding awarded to the prior project: CDBGHOME ESG Other (Indicate below) Click here to enter text. 5. Amount awarded:$27,000 6. Amount spent to date: $13,522 7. Amount reprogrammed to date: N/A 8. Indicate below the outcomes anticipated (refer to the original application for the project, if possible): 1.Provide 4,500 LMI patients with culturally-competent healthcare services. 2.Provide 300 homeless patients with culturally-competent healthcare services. 3.Provide LMI patients with culturally-competent healthcare services through 5,000 encounters/visits. Please note that these numbers reflect total services to all patients served by all three MMUs. 9. Indicate below the outcomes achieved: To date, we have provided culturally-competent healthcare services to 1,835 individuals through 2,226 visits, including 400 people experiencing homelessness. 10. If any anticipated outcomes were NOT achieved, specify which ones and explain why below: The MMU program is an ongoing program. We are actively working with community partners to add sites and hours of operation in Chula Vista to meet our goals for fiscal year 2015-2016. Our Patient Engagement Specialists are concentrating their efforts in conducting outreach to ensure Chula Vista residents are aware of the MMU’s sites and hours of operation. 1. Agency name: Family Health Centers of San Diego 2. Project name: KidCare Express Mobile Medical Unit #3 3. Year of funding: Fiscal Year 2013 Fiscal Year 2014 Fiscal Year 2015 4. Indicate the source of the federal funding awarded to the prior project: CDBG HOPWA ESG HOME CDBG-R HPRP NSPOther : (Indicate below) 5. Amount awarded:$13,600 6. Amount spent to date: $13,600 7. Amount reprogrammed to date: N/A 8. Indicate below the outcomes anticipated (refer to the original application for the project, if possible): To provide healthcare services to 1,500 unduplicated patients through 1,875 encounters. This goal relates to the activities of only one of three MMUs. 9. Indicate below the outcomes achieved: 1,731 unduplicated low-income patients received healthcare through 2,058 encounters in this program. 10. If any anticipated outcomes were NOT achieved, specify which ones and explain why below: N/A 1. Agency name: Family Health Centers of San Diego 2. Project name: KidCare Express Mobile Medical Unit #3 3. Year of funding: Fiscal Year 2013 Fiscal Year 2014 Fiscal Year 2015 4. Indicate the source of the federal funding awarded to the prior project: CDBG HOPWA ESG HOME CDBG-R HPRP NSPOther : (Indicate below) 5. Amount awarded:$13,600 6. Amount spent to date: $13,600 7. Amount reprogrammed to date: N/A 8. Indicate below the outcomes anticipated (refer to the original application for the project, if possible): 1.To provide 2,300 patients with culturally-competent healthcare services through 2,645 encounters. 17 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 603 2.To improve access to comprehensive healthcare services for low-income residents. 1,841 individuals received culturally-competent healthcare services through 2,292 encounters. Low-income residents experienced increased access to comprehensive healthcare services. 10. If any anticipated outcomes were NOT achieved, specify which ones and explain why below: The stated goals reflected the goals for the whole program, of which, CDBG funding provided 4% of the total budget. The program fell short of its goals due to low attendance of patients at some sites. The Program Manager monitors site productivity and sometimes closes sites that no longer demonstrate community need. The program remains attentive to new sites that can be added where community need is greater. As can be seen by the subsequent project period, the program’s goals were adjusted and exceeded. 18 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 604 Section 9: Capital Improvement Projects (CIPs) or Public Facility Improvements ONLY Public Service Applicants Skip this portion and continue on to Appendix Section. 9.1. For CIP projects, have the constructions plans and drawings been completed? Yes No If no, indicate the anticipated date of completion: 9.2. For CIP projects, will you be able to select and award a contract to a general contractor within 90 calendar days from the CDBG contract execution date? If no, please explain why Yes No below: 9.3. For CIP projects, summarize the construction manager’s relevant experience on similar federally funded projects: 9.4. For CIP projects, address the mitigation of any issues identified on the “Project Site Information” section (see Questions B.8 to B.16) with respect to lead hazards, historic Yes No preservation, asbestos, location in a flood plain, or other documented health and safety problems. Were issues identified? If yes, identify each issue and the mitigation below: 9.5. For CIP projects, Low and Moderate income clients (51% below 80% AMI) must be served for a minimum of 5 years after the work is completed. Project records must be maintained for a minimum of five years after the termination of the agreement with the City of Chula Vista? Please describe how the records will be maintained. 9.6. For Public Facility Improvements, the facility shall continue to meet one of the national objectives and provide services to low/moderate income persons until five years after the expiration of the contract/MOU with the City. Describe how you will comply with this HUD requirement. 9.7. For CIP projects that need occupants to be relocated, describe your agency’s relocation plan: 19 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 605 Section 9: Project Site Information (CIPs and Public Facility Improvements Only) 9.8. Is the facility agency-owned, City-owned, or privately owned? Agency-owned Indicate the property owner(s): Is there currently a lien on the property? Yes No City-owned Indicate your City Real Estate Assets liaison: When will the lease expire? (The lease must not expire within five years of the proposed project’s completion date.) Is there currently a lien on the property? Yes No Privately owned Indicate the property owner(s): When will the lease expire? (The lease must not expire within five years of the proposed project’s completion date.) Is there currently a lien on the property? Yes No Other Provide a brief explanation: 9.9. How old is the property/building in terms of years? For building/structures constructed prior to December 31, 1969: Has a lead hazard inspection report been issued for the facility? YesNo Has the facility been abated for lead paint? YesNo Will children occupy the facility?YesNo If yes, indicate the age range of the children who will occupy the facility: 9.10. Has the property been designated or been determined to be potentially eligible for Yes No designation as a local, state, or national historic site? If yes, please describe: 9.11. Is the building/structure located on a Historic Site? YesNo Is the building/structure located in a Historic District? YesNo Is the building/structure in a Flood Zone? YesNo Is the building/structure in a Flood Plain? YesNo Does your agency have flood insurance? YesNo Will there be demolition required?YesNo 9.12. List and describe any known hazards (e.g., asbestos, storage tanks – underground/above ground): 9.13. Will the project result in an expansion of an existing facility?YesNo If yes, specify the size in square feet: Existing size: Addition size: 20 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 606 9.14. The questions below ask about zoning. If zoning information is not known, contact the City of Chula Vista’s Development Services Department at (619) 691-5101 to request assistance. What is the project structure type? Residential Commercial Public facility Public right-of-way What is the current zoning of the project site? Click here to enter text. Is the project site zoned correctly for the proposed activity? Yes No If no, provide below an explanation of efforts and a timetable to change the zoning or obtain a variance: 9.15. Does the project require temporary/permanent relocation of occupants? YesNo If yes, this project is subject to the Uniform Relocation Assistance andReal Property Acquisition Policies Act (URA). Describe the relocation plans, including timetable and notifications to occupants. List how many of the occupied units are: (a) owner-occupied; (b) renter-occupied; or (c) businesses. Indicate whether temporary and/or permanent displacement is required. \[NOTE: This will be for site information only. Relocation activities will not be eligible for funding with Fiscal Year 2016-2017 CDBG funds.\] 9.16. Federal regulations require that all facilities and/or services assisted with CDBG funds be accessible to the disabled. Accessibility includes such things as: entrance ramps, parking with universal logo signage, grab bars around commodes and showers, top of toilet seats that meet required height from the floor, drain lines under lavatory sink either wrapped or insulated, space for wheelchair maneuverability, accessible water fountains, access between floors (elevators, ramps, lifts), and other improvements needed to assure full access to funded facilities/programs, including serving the blind and deaf. Describe below whether the project currently meets ADA standards for accessibility by the disabled. If not, describe the accessibility problems and methods to be utilized to address the problems, including funding and timetable. NOTE: The project site must first be fully ADA-compliant before other construction activities can be implemented with CDBG funding. 9.17. For Public Facility Improvements, what are the hours of operation (days of the week and hours of operation? 21 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 607 APPENDIX A-1: LIST OF ALL FUNDING SOURCES FOR THE PROJECT CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2016-2017 APPLICATION This table serves to provide the listing of all funds to be made available for the project. There are 3 steps to the completion of this table: Step (1):Enter the FY 2016-2017 CDBG application funding request amount for this application; Step (2):Complete the following table with the amounts of other funding sources that have been secured or funding sources that are unsecured for the implementation of the project; and Step (3):Attach any supporting documentation that verifies the secured funding sources and amounts for the project. NOTE: Amounts Unsecured should be funding sources that the Agency is reasonably sure will be available for the project. However, supporting documentation is not yet available. The City will request a final budget as part of the final CDBG Agreement. If the leveraged sources are significantly less that listed in the application, the City may revisit the recomended funding amount. AMOUNTAMOUNT% OF SECUREDUNSECUREDTOTAL FY 2016-2017 CDBG Application Request from City of Chula Vista (Step 1)$30,0002.51% List Other Sources Below: (Step 2) HOME0.00% ESG0.00% HOPWA 0.00% CDBG-R 0.00% NSP 0.00% HPRP 0.00% Other Federal Stimulus Funds 0.00% Other Federal Funds $867,60672.64% San Diego Housing Commission 0.00% State Funds0.00% County Funds0.00% Local Funds 0.00% Private Funds 0.00% Agency Funds 0.00% 3rd Party Payment (Medi-Cal, etc.) $296,76624.85% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% TOTAL$0$1,194,372100% TOTAL PROJECT BUDGET$1,194,372 23 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 608 APPENDIX A-2: THREE-MONTH CASH RULE TEST CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2016-2017 APPLICATION THREE-MONTH CASH RULE TEST The three (3)-month rule is used as a guideline to determine whether an Agency is solvent and has enough available cash to take a CDBG project from beginning to end during the 12-month allowed to complete the project. CDBG projects should not harm the day-to-day operations of the Agency, so enough funds must be available for both purposes. Provide the information requested below to demonstrate that the agency has enough cash on hand to operate the proposed project on a reimbursement basis. Balance Sheet - Audited Financial Statements.FY2014-2015CYPage #5 Document must be attached to Application Enter Agency Cash Balance (Cash cannot include Investments or Receivables) 44,216,108 A. Multiply Agency Cash Balance by 4 = Cash available for project(s) 176,864,432 List the amount of FY 2016-2017 CDBG funding applied for this application. 30,000 List the amount of FY 2016-2017 CDBG funding applied for any other application. List the amount of FY 2016-2017 CDBG funding applied for any other application. B. Sum all the amounts for FY 2016-2017 CDBG funding request(s) 30,000 Compare Agency Cash Balance Available (Item A) with Total FY 2016-2017 CDBG Funding Request (Item B): Item A 176,864,432Item B 30,000Difference 176,834,432 Analyze Results 1- If difference is a positive amount or equals $0, the Agency is eligible to apply. 2- If difference is a negative amount, the Agency has the options below: The Agency can adjust any of the FY 2016-2017 CDBG requested amount(s) to result in a positive or $0 balance, as long as: A) EACH PROJECT MEETS THE MINIMUM REQUIRED AMOUNT FOR EACH OF THE APPLICATIONS, AND B) CASH AVAILABLE FOR PROJECTS IS NOW GREATER THAN OR EQUAL TO THE TOTAL FY 2016/2017 CDBG FUNDING REQUEST. 24 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 609 APPENDIX A-3: PUBLIC SERVICE SCHEDULE 1 - BUDGET EXHIBIT FAMILY HEALTH CENTERS OF SAN DIEGO AGENCY PROJECTKidCare Express Mobile Medical Unit CDBG SALARIES & WAGES (Schedule 2) 24,351 FRINGE BENEFITS (Schedule 3) 5,649 TOTAL PERSONNEL30,000 SUPPLIES(Schedule 5) POSTAGE(Schedule 5) CONSULTANT SERVICES(Schedule 5) MAINTENANCE/REPAIR(Schedule 5) PUBLICATIONS/PRINTING(Schedule 5) TRANSPORTATION(Schedule 5) RENT(Schedule 5) EQUIPMENT RENTAL(Schedule 5) INSURANCE(Schedule 5) UTILITIES(Schedule 5) TELEPHONE(Schedule 5) OTHER EXPENSES (SPECIFY):(Schedule 5) (Schedule 5) (Schedule 5) TOTAL NON-PERSONNEL0 Percentage TOTAL INDIRECT COSTS/ADMINISTRATIVE OVERHEAD (IC/AO) 0 - (Schedule 4) \[IC/AO Expenses limited to 15% of Total CDBG Project Budget\] TOTAL CDBG PROJECT BUDGET30,000 of5 Page1 25 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 610 APPENDIX A-3: PUBLIC SERVICE SCHEDULE 2 - PERSONNEL SCHEDULE: GROSS PAY The purpose of this form is to list the positions being claimed against the CDBG funding request amount. The positions listed below must provide direct project/client services. Positions providing non-direct services must be included in the indirect costs/administrative overhead (IC/AO) line item. The Total CDBG Salary & Wages must match the Budget Exhibit form. Round off totals to whole dollars. AGENCYFAMILY HEALTH CENTERS OF SAN DIEGO PROJECTKidCare Express Mobile Medical Unit (1)(2)(3)(4) PERCENT TOTAL POSITION TITLEGROSS PAYCHARGEDSALARY & WAGES Medical Assistant - Lead 24,351 41,862 58.17% - - - - - - - - - - - - - - - - - 24,351 TOTAL CDBG SALARY & WAGES 1. List all positions charged against CDBG funding providing direct CDBG project/client activity. 2. List gross pay for each position listed. 3. List percent of gross pay to be charged against CDBG funding. Pay Schedule (Check One) Monthly XBiweekly Twice a Month Page 2of5 26 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 611 APPENDIX A-3: PUBLIC SERVICE SCHEDULE 3 - PERSONNEL SCHEDULE: FRINGE BENEFITS The purpose of this form is to list the fringe benefits being claimed against CDBG funding request amount. The Total Fringe Round off totals to whole dollars. must match the Budget Exhibit form. AGENCYFAMILY HEALTH CENTERS OF SAN DIEGO PROJECTKidCare Express Mobile Medical Unit (1)(2)(3)(4)(5)(6) AMT OF PERCENT FRINGE TITLEINSURANCEGROSS PAYCHARGED POSITION TITLEAMOUNT Medical Assistant - Lead FICA3,20241,86258.17% 1,863 Workers' Compensation1,01341,86258.17% 589 Health Insurance3,89341,86258.17% 2,265 Retirement Benefits95041,86258.17% 553 Others (Life, SUI, CME)65341,86258.17% 380 - - - - - - - - - - - - - - TOTAL CDBG FRINGE BENEFIT 5,649 direct CDBG project/client activity 1. List all POSITIONS charged against CDBG funding providing. 2. List Fringe Benefit title FOR EACH POSITION charged to CDBG funds. 3. List the amount of insurance for each position charged against CDBG funds. 4. Use gross pay for project / total all wages of agency. Then muliply by required percent for each fringe. 5. List percent of gross pay to be multiplied for insurance. Pay Schedule (Check One) Monthly XBiweekly Twice a Month Page3of5 27 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 612 APPENDIX A-3: PUBLIC SERVICE SCHEDULE 4 - INDIRECT COST/ADMINISTRATIVE OVERHEAD (IC/AO) CALCULATION The purpose of this form is to list the IC/AO being claimed against CDBG funding amount requested. The Total IC/AO must match the Budget Exhibit form. Round off totals to whole dollars. AGENCYFAMILY HEALTH CENTERS OF SAN DIEGO PROJECTKidCare Express Mobile Medical Unit (1)(2)(3)(4) TOTAL INDIRECT AGENCY BUDGET PERCENT COST/ADMINISTRATIVE POSITION TITLE/LINE ITEMAMOUNTCHARGEDOVERHEAD - - - - - - - - - - - - - - TOTAL CDBG INDIRECT COST/ADMINISTRATIVE OVERHEAD 0.00% 30,000 Percentage (5) Total CDBG Budget (Must be equal or less than 15%) 1. List all personnel or nonpersonnel (NPE) charged against CDBG funding-include detailed description of indirect use. 2. List total Agency budget for positon and/or NPE line item. 3. List PERCENT of total budget to be charged against CDBG funding. 4. Total indirect cost/administrative overhead to be charged against CDBG funding. 5. Enter the Total FY13 CDBG Budget; percentage will be AUTOMATICALLY calculated. Pay Schedule (Check One) Monthly XBiweekly Twice a Month Page4of5 28 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 613 APPENDIX A-3: PUBLIC SERVICE SCHEDULE 5 - BUDGET JUSTIFICATION* AGENCYFAMILY HEALTH CENTERS OF SAN DIEGO PROJECT KidCare Express Mobile Medical Unit LINE ITEMAMOUNT Detailed Explanation: TOTAL$ - LINE ITEMAMOUNT Detailed Explanation: TOTAL$ - LINE ITEMAMOUNT Detailed Explanation: TOTAL$ - *All line items must be justified in relation to CDBG-funded activities to be completed. Add pages as needed. Page5of5 29 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 614 30 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 615 31 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 616 32 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 617 33 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 618 34 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 619 35 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 620 36 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 621 37 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 622 38 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 623 39 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 624 40 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 625 41 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 626 42 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 627 43 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 628 44 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 629 45 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 630 46 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 631 47 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 632 48 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 633 Θ Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: 3®´³§ " ¸ #®¬¬´¨³¸ 3¤±µ¨¢¤² Project | Program: & ¬¨«¸ 6¨®«¤¢¤ 4±¤ ³¬¤³ 0±®¦± ¬² 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 The Family Violence Treatment Program provides Project | Program Description: therapeutic counseling and crisis intervention services to adult and children victims of family violence. Project Category: II. Public Service Target Population 05G - Battered and Abused Spouses : (and HUD Eligibility Code) Proposed Number to Serve: 300 Battered/Abused Persons Chula Vista Goal/Objective: Public Services (Special Needs and/or Low Moderate) HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $39,000 CDBG (B-16-MC-06-0540)$39,000 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 634 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 635 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 636 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 637 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 638 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 639 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 640 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 641 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 642 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 643 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 644 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 645 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 646 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 647 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 648 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 649 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 650 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 651 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 652 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 653 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 654 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 655 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 656 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 657 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 658 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 659 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 660 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 661 10 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: 3®´³§ " ¸ #®¬¬´¨³¸ 3¤±µ¨¢¤² Project | Program: 3¤±µ¨¢¤² ¥®± (®¬¤«¤²² 9®´³§ȝ9®´³§ ¨ 4± ²¨³¨® 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 SBCS provides housing and supportive services including case management, mental health counseling, Project | Program Description: independent living skills and employment development for homeless youth and youth in transition. Project Category: II. Public Service Target Population 05D - Youth Services : (and HUD Eligibility Code) Proposed Number to Serve: 45Youth Chula Vista Goal/Objective: Public Services (Special Needs and/or Low Moderate) HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $39,550 CDBG (B-16-MC-06-0540)$39,550 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 662 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 663 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 664 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 665 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 666 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 667 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 668 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 669 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 670 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 671 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 672 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 673 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 674 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 675 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 676 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 677 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 678 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 679 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 680 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 681 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 682 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 683 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 684 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 685 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 686 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 687 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 688 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 689 11 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ -Recreation 4§¤± ¯¤´³¨¢ 2¤¢±¤ ³¨® 0±®¦± ¬ ¥®± !£´«³ ¶¨³§ Project | Program: 3¤µ¤±¤ $¨² ¡¨«¨³¨¤² 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 The program provides adults (18+) with severe disabilities the opportunity to participate in recreational programs that are designed to build social skills, self- esteem, physical coordination, independence, Project | Program Description: sportsmanship, and increase their quality of life. Programs include sports, dance classes, creative and enrichment activities, exercise and fitness classes, special events, camps, and swim lessons all offered in a fun, safe and supportive environment. Project Category: II. Public Service Target Population 05B - Handicapped Services : (and HUD Eligibility Code) Proposed Number to Serve: 50Disabled/Special Needs Persons Chula Vista Goal/Objective: Public Services (Special Needs and/or Low Moderate) HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $20,100 CDBG (B-16-MC-06-0540)$20,100 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 690 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 691 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 692 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 693 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 694 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 695 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 696 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 697 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 698 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 699 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 700 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 701 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 702 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 703 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 704 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 705 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 706 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 707 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 708 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 709 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 710 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 711 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 712 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 713 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 714 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 715 12 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ -Recreation Project | Program: 3¤¨®± 3¤±µ¨¢¤² 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Funding would provide a multitude of services and support programs to the elderly in Chula Vista. The grant funds will focus on providing a holistic approach to the health and wellbeing of the elderly by providing Project | Program Description: them with a number of opportunities for fun, educational, health and fitness, social, skill building and recreational programs that will increase their quality of life. Project Category: II. Public Service Target Population 05A - Senior Services : (and HUD Eligibility Code) Proposed Number to Serve: 300 Elderly Persons Chula Vista Goal/Objective: Public Services (Special Needs and/or Low Moderate) HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $30,000 CDBG (B-16-MC-06-0540)$34,329 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 716 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 717 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 718 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 719 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 720 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 721 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 722 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 723 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 724 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 725 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 726 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 727 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 728 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 729 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 730 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 731 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 732 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 733 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 734 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 735 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 736 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 737 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 738 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 739 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 740 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 741 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 742 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 743 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 744 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 745 13 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ ȃ 0´¡«¨¢ 7®±ª² 0 «®¬ ± 3³±¤¤³ lj /± ¦¤ !µ¤´¤ 3¨£¤¶ «ª £ Project | Program: 3³±¤¤³ 0±®©¤¢³ 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 The project segments of Palomar Street (Orange Avenue to Fifth Avenue) and Orange Avenue (Palomar Street to Fifth Avenue) have missing curb, gutter, sidewalk, and non-American Act compliant pedestrian ramps. The proposed project will provide for the construction of the Project | Program Description: missing pedestrian and ADA compliant facility on the above segments and a traffic signal upgrade on Palomar Street and Orange Avenue. These segments ranked #1 and #3 in priority in the Chula Vista Pedestrian Master Plan and are within the CDBG eligible low/moderate income areas in western Chula Vista. Project Category: III.Capital Improvement Project/Facility Improvement Target Population 03L - Sidewalks \[570.201(c)\] : (and HUD Eligibility Code) Proposed Number to Serve: 5,985 Low/Moderate Income Residents Chula Vista Goal/Objective: Community Enhancement (CIPs and Public Facilities) HUD National Objective: LMA - Area Benefit \[570.208(a)(1)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $400,000 CDBG (B-16-MC-06-0540)$400,000 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 746 FY 2016-2017 CDBG PROGRAM FUNDING APPLICATION Application Number: Project category: Public service (CDBG Program Office Use Only) (check one only) Capital improvement Applicant Agency Information Applicant legal City of Chula Vista Public Works Department Type of agency: 501(c)(3) Gov’t./PublicFor Profit Faith-Based Other: 276 Fourth Avenue, Chula Vista CA 95-6000690 Agency Address: Agency Tax Identification #: 91910 October 1911 N/A Agency Central Contractor Date of Registration# Incorporation: (http://www.ccr.gov) Agency Annual $$132,813,000 078726551 Agency DUNS # Operating Budget: Number of paid 50 in Engineering 1 in Engineering Number of volunteers: staff: Agency mission statement: The primary purpose of the Department of Public Works Engineering Division is to provide responsive technical and professional expertise for existing and planned infrastructure and capital facilities. Project Title Palomar Street and Orange Avenue Sidewalk Improvement Project Project Description (Briefly describe your project/program): The project segmentsof Palomar Street from Orange Avenue to Fifth Avenue and Orange Avenue from Palomar Street to Fifth Avenue have missing curb, gutter, sidewalk, and non-American with Disability Act (ADA) compliant pedestrian ramps. The proposed project will provide for the construction of the missing pedestrian and ADA compliant facility on the above segments and a traffic signal upgrade on Palomar Street and Orange Avenue. These segments ranked #1 and #3 in priority in the Chula Vista Pedestrian Master Plan and within the CDBG eligible low/moderate income areas in western Chula Vista. Staff plans to design the project with in-house staff and award the construction contract through the competitive bidding process to the contractor with the lowest responsible bid. Funding Request Total funding requested in this application Other funds already secured for $400,000 $415,000 (you will provide a detailed budget in Appendix C: project: Other funds not yet secured for Total cost to complete project: $815,000 $0 project: Project Information If Project is a Public Service, will service be site specific? Yes No Is Census Tract designated as If your answer is yes, please provide: Address(es) below: Census tract: a Low/Moderate Income CT? 577, 485,477, 425, 419, 401, 403, 405, 407 Palomar St 13206 Yes No 1304, 1305, 1328, 1335 Crann Ave; 1302, 1303 1338, 1345 William Ave13206 Yes No 1310/1312, 1305, 1344, 1345 Fifth Ave; 1320 Fourth Ave 13206 Yes No ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 747 CDBG APPLICATION | PAGE 1 Section 1: Project Details (Max Score: 25 Points) 1.1. Provide a concise description of the proposed project/program. If the project/program consists of a variety of activities, you must include all (i.e. food, case management, etc.) Project provides for the installation of curb, gutter and sidewalk, ADA compliant pedestrian ramps and driveway aprons, pavement, signing and striping on Palomar Street and Orange Avenue segments. Traffic signal upgrade at the intersection of Palomar Street and Orange Avenue includes replacement of existing signal equipment including the vehicle and pedestrian indication/push buttons. Other work includes the removal, replacement, and restoration of existing conditions, traffic control and incidental items of work. 1.2. Project start date:July 2016 Anticipated end date: March 2017 1.3. Project’s days/hours of operation: Monday through Friday/from 7:00 am to 4:00 pm Public service Suitable living environment 1.4. Project 1.5 Project category: objective: Decent housing Capital improvement and (check one only) (check one only) Economic opportunity Public Facility Improvements Availability/accessibility 1.6 Project Affordability outcome: Sustainability (check one only) 1.7 The following questions on individual clients and households to be served apply only to Public Service, and Minor Residential Rehabilitation projects: Will the project serve individual clients (IC) or households (HH)? Individual clients Households Total unduplicated IC/HH served in Annual cost per client/household: 1.8. CDBG Criteria: Which CDBG criterion below does your proposed project meet? Area benefit: (1) At least 51% of residents within the targeted activity area are low to moderate income (LMI). Please provide a map identifying the Census Tracts designated as LMI. If your project serves all the residents of a given area, such as projects related to a community center/public facility or a fire station, please provide a map or maps with the project service area(s) boundaries clearly outlined. Failure to provide service area maps with the applicable, will make the project to be deemed incompleteand ineligible for funding. Limited clientele (2) (select subpart below): (a) Special needs group (select benefit group from the list below): (i) Abused children (ii) Elderly persons 62 years or older (iii)Battered spouses (iv) Severely disabled – Census definition; documentation required (v)Persons living with HIV/AIDS (vi) Migrant farm workers (vii)Homeless persons (b) At least 51% of clientele to be served must be LMI. Housing (3) (select subpart below): (a)Single family (must be 100% LMI) (b) Multi-unit (must be 51% LMI) 1.9. The 2015-2019 Consolidated Plan goals are listed below. Select the goal appropriate to your project: Affordable Rental Housing Opportunities Maintenance and Preservation of Housing (rehabilitation activities) Homeownership Opportunities (homebuyer programs) Community Enhancement (public facilities/spaces) Public Services to Special Needs Population and/or Low Moderate Income Persons ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 748 CDBG APPLICATION | PAGE 2 1.10 Program Narrative: Explain below your proposed project and make the case why it should be awarded funding. The Palomar Street Corridor in southwest Chula Vista is one of the thirty priority locations for the construction of pedestrian improvements that are listed in the City’s 2010 Pedestrian Master PlanHigh Priority Project Areas. The segment of Palomar Street from Orange Avenue to Second Avenue is listed as the number one priority in the Chula Vista Pedestrian Master Plan with the highest number of points (16.59) out of a total 18 priority points. The Orange Avenue corridor from Palomar Street to Second Avenue is listed as the number three in priority with 16.50 points. The area is challenging for pedestrians to use due to the sporadic sidewalk gaps at the western end of the project area. For the north side only, a currently funded Palomar Street Sidewalk Improvements (STL369) project is under construction. The STL369 project will construct the missing curb, gutter, sidewalks, and other street improvements only along the north side of Palomar Street from Orange Avenue to Third Avenue. The south side is the focus of the CDBG grant submittal. The scope of the proposed project when approved with CDBG funding would fund half of the total costs needed to be able to construct the missing street improvements along south side of Palomar Street from Orange Avenue to Fifth Avenue and along north side of Orange Avenue from Palomar Street to Fifth Avenue. This creates a complete street along the proposed segments. The proposed work for both segments includes the installation of curb, gutter and sidewalks, ADA compliant pedestrian ramps, driveway aprons, and pavement restoration. Crosswalk striping will be installed across Orange Avenue at Crann Avenue, William Avenue and Fifth Avenue. Other incidental work includes sandblasting of conflicting striping, reapplication of corrected striping, and the installation of traffic signs. The proposed project also includes traffic signal upgrades at the intersection of Palomar Street and Orange Avenue. The traffic signal work will upgrade existing traffic signal equipment including; the vehicle and ADA compliant pedestrian indications and pedestrian push buttons, detection, wiring, and other necessary work to complete the modification work. The installation of these ADA compliant sidewalks and pedestrian ramps will improve the pedestrian access through the neighborhood. This will also help pedestrians feel more comfortable when walking in Chula Vista and it is our #1 priority location in the Pedestrian Master Plan. The traffic signal upgrades will assist with reducing vehicular and pedestrian delays and improve traffic circulation and safety at the intersection. Palomar Street and Orange Avenue are both bus routes and bus stops exist on these segments. These improvements will benefit the residents of this medium and low density residential area. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 749 CDBG APPLICATION | PAGE 3 (Max Length for Questions 1.10 to 1.15: 2 Pages) 1.11. Explain how the proposed project addresses the goal selected: This project will provide an improved living environment for local residents by improving pedestrian accessibility, particularly for the disabled. 1.12. Summarize any statistics and other supporting documentation that demonstrate the importance of addressing this need or problem: Information on the importance of this project is found in the City’s Pedestrian Master Plan, where it is priority #1. 1.13. List each service provided by the project. For each service, indicate whether it is a new service or an expansion of an existing service: N/A – this is a construction project. 1.14. How does your agency plan to tell the target population about the project/services? We plan to include information about this project on the City website. However, once this project is completed, the improvements will be apparent to all residents. 1.15. List a minimum of three outcomes for each individual service you are providing as part of your program. For each outcomes listed, provide the number of participants who will benefit and the way data will be collected to track or verify the outcome. Service to be Provided (i.e. food, transportation, case management, etc.). 1. Infrastructure/Sidewalk OutcomesNumber of Proposed Beneficiaries Method of Data Collection 1.Complete pedestrian access Census Data on census tracts/blocks 5,985 Low income residents 2. Easy access to bus stop 3. ADA compliant ped ramps Service to be Provided (i.e. food, transportation, case management, etc). 2. Click here to enter text. OutcomesNumber of Proposed Beneficiaries Method of Data Collection 1.Click here to enter text. 2. Click here to enter text. 3.Click here to enter text. Service to be Provided (i.e. food, transportation, case management, etc). 3. Click here to enter text. OutcomesNumber of Proposed Beneficiaries Method of Data Collection 1.Click here to enter text. 2. Click here to enter text. 3.Click here to enter text. Service to be Provided (i.e. food, transportation, case management, etc). 4. Click here to enter text. OutcomesNumber of Proposed Beneficiaries Method of Data Collection 1.Click here to enter text. 2. Click here to enter text. 3.Click here to enter text. 1.16. Will the project collaborate with other service providers in the community? If yes, list them Yes No and briefly describe the collaboration: Click here to enter text. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 750 CDBG APPLICATION | PAGE 4 (Max Length for Questions 2.5 to 2.8: 1 Page) 2.5. List the evaluation tools your agency plans to employ to track and monitor the progress of the project. Click here to enter text. The City’s Construction Inspection staff will be monitoring the construction progress to ensure that deadlines are met. 2.6 Your organization must have programmatic Policies and Procedures in place for the specific program you are applying for. Use the following checklist below as a tool to ensure that they meet the minimum requirements to administer a CDBG-funded program. In the event that your organization is funded you will be required to submit a copy of your Policies and Procedures.(For the purposes of this checklist, the term applicant refers to the program participant/beneficiary). i.Do the Policies and Procedures set out the process for determining the eligibility of the program applicant(s) prior to receiving service/assistance to ensure that the program meets a HUD National Objective §570.208? ii.Do the Policies and Procedures Set out the process for determining the number of eligible persons in the applicant(s)’s family? iii. Do the Policies and Procedures identify the process for determining income eligibility of the applicant(s)? (This applies to Projects that qualify under Limited Clientele and not Presumed Benefit). Does it specify which income method is being used (Part 5 or 1040 method). Does it specify how information on the income status of participants is being requested, updated or properly assessed? iv.Do the Policies and Procedures specify the record keeping requirements, as stated in 24 CFR Part §570.506? v.For Presumed Benefit Activities: Is the process for collecting information on how the program participants qualify under the presumed benefit category described? \[24 CFR 570.208(a)(2) and 24 CFR 570.506(b)(3)(i)\] Is the process of how information is disseminated to program participants, which are exclusively for presumed benefit, described? \[24 CFR 570.208(a)(2)\] vi.For Limited Clientele Activities: Do the Policies and Procedures specify the process to determine income eligibility utilizing either 24 CFR Part 5 or the 1040 method? \[24 CFR 570.208(a)(2)(i)(B) and 24 CFR 570.506(b)(3)(iii)\] vii.For Limited Benefit Activities by Nature and Location: Do the Policies and Procedures specify the process for only assisting clientele that live within eligible census tracts? viii.Do the Policies and Procedures include how date is collected on Race and Ethnicity on the applicant, per HUD requirements for the Community Development Block Grant Program? ix.Do the Policies and Procedures identify the process for submitting quarterly reports to the City of Chula Vista? x. Do the Policies and Procedures identify the process of safeguarding client information? xi. Do the Policies and Procedures identify the process for File Managemen t? 2.7. Describe any unresolved ADA issues in the project or project office and how your agency plans to address them. (If the objective of the project is ADA rehabilitation, do not repeat the project description here.) One of the objectives of this project is ADA compliance. 2.8. How many members does your Board of Directors have? five How many Board members are also members of the project’s target population or reside in 0 the project’s target area? Indicate which ones in Appendix F. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 751 CDBG APPLICATION | PAGE 6 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 752 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 753 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 754 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 755 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 756 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 757 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 758 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 759 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 760 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 761 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 762 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 763 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 764 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 765 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 766 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 767 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 768 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 769 14 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ 0´¡«¨¢ 7®±ª² Project | Program: (®«¨£ ¸ %²³ ³¤² 0 ±ª )¬¯±®µ¤¬¤³ 0±®©¤¢³ 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Funds will be used to complete improvements to a park Project | Program Description: located in the Holiday Estates neighborhood in Western Chula Vista. Project Category: III.Capital Improvement Project/Facility Improvement Target Population 03 - Public Facility Improvements \[570.201(c)\] : (and HUD Eligibility Code) Proposed Number to Serve: 1,405 Low Moderate Income Residents Chula Vista Goal/Objective: Community Enhancement (CIPs and Public Facilities) HUD National Objective: LMA - Area Benefit \[570.208(a)(1)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $83,682 CDBG (B-16-MC-06-0540)$83,682 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 770 FY 2016-2017 CDBG PROGRAM FUNDING APPLICATION Application Number: Project category: Public service (CDBG Program Office Use Only) (check one only) Capital improvement Applicant Agency Information Applicant legal City of Chula Vista Public Works Department Type of agency: 501(c)(3) Gov’t./PublicFor Profit Faith-Based Other: 276 Fourth Avenue, Chula Vista CA 95-6000690 Agency Address: Agency Tax Identification #: 91910 October 1911 N/A Agency Central Contractor Date of Registration# Incorporation: (http://www.ccr.gov) Agency Annual $$132,813,000 078726551 Agency DUNS # Operating Budget: Number of paid 50 in Engineering 1 in Engineering Number of volunteers: staff: Agency mission statement: The primary purpose of the Department of Public Works Engineering Division is to provide responsive technical and professional expertise for existing and planned infrastructure and capital facilities. Project Title Holiday Estates Park Improvements Project Description (Briefly describe your project/program): Project includes improvements to Park 1 located in the Holiday Estates neighborhood. The proposed project consists of new playground equipment and ADA parking modifications. Landscaping, including new trees, will also be part of the project; however, funded through an alternate source. Funding Request Total funding requested in this application Other funds already secured for $83,682 In-kind (you will provide a detailed budget in Appendix C: project: Other funds not yet secured for Total cost to complete project: $83,682 $0 project: Project Information If Project is a Public Service, will service be site specific? Yes No Is Census Tract designated as If your answer is yes, please provide: Address(es) below: Census tract: a Low/Moderate Income CT? Corner of Connoley Circle and Connoley Avenue 13307 1 Yes No Yes No Yes No ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 771 CDBG APPLICATION | PAGE 1 Section 1: Project Details (Max Score) 1.1. Provide a concise description of the proposed project/program. If the project/program consists of a variety of activities, you must include all (i.e. food, case management, etc.) Project includes improvements to Park 1 located in the Holiday Estates neighborhood. The proposed project consists of new playground equipment and ADA parking modifications. Landscaping, including new trees, will also be part of the project; however, funded through an alternate source. 1.2. Project start date:July 2016 Anticipated end date: June 2017 1.3. Project’s days/hours of operation: Monday through Friday/from 7:00 am to 4:00 pm Public service Suitable living environment 1.4. Project 1.5 Project category: objective: Decent housing Capital improvement and (check one only) (check one only) Economic opportunity Public Facility Improvements Availability/accessibility 1.6 Project Affordability outcome: Sustainability (check one only) 1.7 The following questions on individual clients and households to be served apply only to Public Service, and Minor Residential Rehabilitation projects: Will the project serve individual clients (IC) or households (HH)? Individual clients Households Total unduplicated IC/HH served in Annual cost per client/household: 1.8. CDBG Criteria: Which CDBG criterion below does your proposed project meet? Area benefit: (1) At least 51% of residents within the targeted activity area are low to moderate income (LMI). Please provide a map identifying the Census Tracts designated as LMI. If your project serves all the residents of a given area, such as projects related to a community center/public facility or a fire station, please provide a map or maps with the project service area(s) boundaries clearly outlined. Failure to provide service area maps with the applicable, will make the project to be deemed incompleteand ineligible for funding. Limited clientele (2) (select subpart below): (a) Special needs group (select benefit group from the list below): (i) Abused children (ii) Elderly persons 62 years or older (iii)Battered spouses (iv) Severely disabled – Census definition; documentation required (v)Persons living with HIV/AIDS (vi) Migrant farm workers (vii)Homeless persons (b) At least 51% of clientele to be served must be LMI. Housing (3) (select subpart below): (a)Single family (must be 100% LMI) (b) Multi-unit (must be 51% LMI) 1.9. The 2015-2019 Consolidated Plan goals are listed below. Select the goal appropriate to your project: Affordable Rental Housing Opportunities Maintenance and Preservation ofHousing (rehabilitation activities) Homeownership Opportunities (homebuyer programs) Community Enhancement (public facilities/spaces) Public Services to Special Needs Population and/or Low Moderate Income Persons ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 772 CDBG APPLICATION | PAGE 2 1.10 Program Narrative: Explain below your proposed project and make the case why it should be awarded funding. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 773 CDBG APPLICATION | PAGE 3 (Max Length for Questions 1.10 to 1.15: 2 Pages) 1.11. Explain how the proposed project addresses the goal selected: This project will provide an improved living environment for local residents by improving accessibility to recreational areas. 1.12. Summarize any statistics and other supporting documentation that demonstrate the importance of addressing this need or problem: 1.13. List each service provided by the project. For each service, indicate whether it is a new service or an expansion of an existing service: N/A – this is a public facility improvement project. 1.14. How does your agency plan to tell the target population about the project/services? Not applicable to facility improvement projects. 1.15. List a minimum of three outcomes for each individual service you are providing as part of your program. For each outcomes listed, provide the number of participants who will benefit and the way data will be collected to track or verify the outcome. Service to be Provided (i.e. food, transportation, case management, etc.). OutcomesNumber of Proposed Beneficiaries Method of Data Collection 1.Increase ADA accessibility1,405 residents 2. Accessibility to recreational facilities 3. Service to be Provided (i.e. food, transportation, case management, etc). 1. Click here to enter text. OutcomesNumber of Proposed Beneficiaries Method of Data Collection 1.Click here to enter text. 2. Click here to enter text. 2.Click here to enter text. Service to be Provided (i.e. food, transportation, case management, etc). 3. Click here to enter text. OutcomesNumber of Proposed Beneficiaries Method of Data Collection 1.Click here to enter text. 2. Click here to enter text. 3.Click here to enter text. Service to be Provided (i.e. food, transportation, case management, etc). 4. Click here to enter text. OutcomesNumber of Proposed Beneficiaries Method of Data Collection 1.Click here to enter text. 2. Click here to enter text. 3.Click here to enter text. 1.16. Will the project collaborate with other service providers in the community? If yes, list them Yes No and briefly describe the collaboration: Click here to enter text. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 774 CDBG APPLICATION | PAGE 4 Section 2: Agency Capacity 2.1. Who will be the person responsible for the overall oversight of the proposed project? Name of person:Iracsema Quilantan Title of person:Assistant Director of Public Works Relevant education: Telephone number: Date first employed: 2.2. Who will be the alternate person responsible for the overall oversight of the proposed project? Name of person: Title of person: Relevant education: Telephone number: Date first employed: 2.3 Who will be the person responsible for the day-to-day operations and management of the proposed project? Provide no more than two individuals: Name of person: Title of person: Relevant education: Telephone number: Date first employed: Name of person: Title of person: Relevant education: Telephone number: Date first employed: 2.4. Who will be the person responsible for the financial oversight of the CDBG expenditures and fiscal compliance? Provide no more than two individuals: Name of person: Title of person: Relevant education: Telephone number: Date first employed: Name of person: Title of person: Relevant education: Telephone number: Date first employed: ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 775 CDBG APPLICATION | PAGE 5 (Max Length for Questions 2.5 to 2.8: 1 Page) 2.5. List the evaluation tools your agency plans to employ to track and monitor the progress of the project. Click here to enter text. The City’s Construction Inspection staff will be monitoring the construction progress to ensure that deadlines are met. 2.6 Your organization must have programmatic Policies and Procedures in place for the specific program you are applying for. Use the following checklist below as a tool to ensure that they meet the minimum requirements to administer a CDBG-funded program. In the event that your organization is funded you will be required to submit a copy of your Policies and Procedures.(For the purposes of this checklist, the term applicant refers to the program participant/beneficiary). i.Do the Policies and Procedures set out the process for determining the eligibility of the program applicant(s) prior to receiving service/assistance to ensure that the program meets a HUD National Objective §570.208? ii.Do the Policies and Procedures Set out the process for determining the number of eligible persons in the applicant(s)’s family? iii. Do the Policies and Procedures identify the process for determining income eligibility of the applicant(s)? (This applies to Projects that qualify under Limited Clientele and not Presumed Benefit). Does it specify which income method is being used (Part 5 or 1040 method). Does it specify how information on the income status of participants is being requested, updated or properly assessed? iv.Do the Policies and Procedures specify the record keeping requirements, as stated in 24 CFR Part §570.506? v.For Presumed Benefit Activities: Is the process for collecting information on how the program participants qualify under the presumed benefit category described? \[24 CFR 570.208(a)(2) and 24 CFR 570.506(b)(3)(i)\] Is the process of how information is disseminated to program participants, which are exclusively for presumed benefit, described? \[24 CFR 570.208(a)(2)\] vi.For Limited Clientele Activities: Do the Policies and Procedures specify the process to determine income eligibility utilizing either 24 CFR Part 5 or the 1040 method? \[24 CFR 570.208(a)(2)(i)(B) and 24 CFR 570.506(b)(3)(iii)\] vii.For Limited Benefit Activities by Nature and Location: Do the Policies and Procedures specify the process for only assisting clientele that live within eligible census tracts? viii.Do the Policies and Procedures include how date is collected on Race and Ethnicity on the applicant, per HUD requirements for the Community Development Block Grant Program? ix.Do the Policies and Procedures identify the process for submitting quarterly reports to the City of Chula Vista? x. Do the Policies and Procedures identify the process of safeguarding client information? xi. Do the Policies and Procedures identify the process for File Managemen t? 2.7. Describe any unresolved ADA issues in the project or project office and how your agency plans to address them. (If the objective of the project is ADA rehabilitation, do not repeat the project description here.) One of the objectives of this project is ADA compliance. 2.8. How many members does your Board of Directors have? five How many Board members are also members of the project’s target population or reside in 0 the project’s target area? Indicate which ones in Appendix F. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 776 CDBG APPLICATION | PAGE 6 Section 3: Auditing Control (Max Length: 2 Pages) 3.1. Briefly describe your agency’s payment and disbursement procedures, with relevance to the proposed project: In accordance with City’s normal business practices, funds will be encumbered and purchase orders will be established for goods and services required for completion of the proposed project. Upon receipt of invoices, the project manager will review, confirm and approve billed amounts and promptly forward a payment request to the Ctiy’s Finance Department. Accounting staff in the Finance Department will review the invoices for accuracy, post invoice and payment details into the City’s financial management system and mail a check to the vendor. 3.2. Describe how your agency’s Board of Directors exercises programmatic and fiscal oversight: The City’s Board of Directors consists of the mayor and Council of the City of Chula Vista. The City has an annual budget process, which includes a review and approval of current and projected revenues and expenditures. Additionally, the City has an annual independent audit. All proposed projects and programs to include cost, scope of work, timeliness and justifications are presented to the Mayor and Council for review and approval. 3.3. Briefly describe your agency’s financial reporting system/accounting procedures, with relevance to the proposed project: The City utilizes Integrated Financial and Administrative Solution (IFAS) as a financial management system. All financial data for this project will be tracked in IFAS, including annual projected budget amounts and detailed transaction information pertaining to encumbrances, expenditures and reimbursements. The City also maintains administrative systems including a formal personnel system, staff salary tracking system by funding source, audit system, record keeping system with separate tracking for each funding source, formal written cash management practices and proper security measures, hardcopy files and computer records systems with back-up process in place, a formalized procurement policy and conflict of interest policies. 3.4. Briefly describe your agency’s record keeping system, with relevance to the proposed project: The City maintains hard copies as well as electronic documentation related to all projects. Financial transaction records will be kept in IFAS. All other records will be stored on the City's secured network, which is maintained and backed up on a regular basis by the Information Technology Services Department. Agenda reports and all other documents submitted for Mayor and Council review and approval are stored in a secured, cloud-based retention system. 3.5. Briefly describe your agency’s auditing requirements, including those for the proposed project: Projects selected are subject to a thorough examination, at which time the project manager and fiscal support staff is required to provide to the auditors copies all documents related to the project. Documents include, but are not limited to, grant award letters, grant applications, program agreements, supplemental agreements, reimbursement invoices, copies of grant payment checks, IFAS reports, copies of all expenditures and payments made to vendors, lists of employees associated with the projects, and any other document that may be requested by the auditors. If selected for testing, the proposed project would be subject to this audit process. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 777 CDBG APPLICATION | PAGE 7 3.6. Briefly describe your agency’s internal controls to minimize opportunities for fraud, waste, and mismanagement: The City conducts an annual audit that includes publication of the Comprehensive Annual Financial Report (CAFR) and the Single Audit of Federal Expenditures. Additionally, the City contracts external auditors to conduct in depth audits of the City's records and investments. These audits ensure compliance with policies and guidelines set forth by the City, and include any applicable grant agreements. If selected for an audit, the records and accounts for the proposed project would be subject to an examination and checked for validity and accuracy by the City's external auditing procedures. 3.7. How does your agency plan to segregate CDBG funds from other agency funds for purposes of identification, tracking, and reporting? The City's budget is organized in a manner that facilitates the segregation of funds by source. CDBG funds received will be posted and accounted for using a designated Org Key in IFAS and assigned specifically to track associated CDBG related project revenues and expenditures. The IFAS program includes a comprehensive reporting system that is able to provide on demand reports displaying project details, summaries and overviews of all fund transactions. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 778 CDBG APPLICATION | PAGE 8 Section 4: Agency Experience (Max Length: 1 Page for Section 4/5 Combined) 4.1. Briefly highlight your agency’s experience and major accomplishments in providing services to LMI residents and/or communities. The City has constructed a large number of Capital Improvement projects in the LMI area of Chula Vista. Current projects are summarized in Appendix A. 4.2. Has your agency received CDBG or other federal funds in any of the past three fiscal years (Fiscal Years 2013-2014, 2014-2015, 2015-2016)? If yes, complete Section 8 for each of the Yes No grants received for the three Fiscal Years 2013, 2014, and 2015. See Section 8 Section 5: Back-Up Plan (Max Score: 5 Points;) 5.1. Will your agency still implement this project should CDBG funds not be awarded? If yes, how Yes No will the implementation be achieved? TransNet funds from the ½% sales tax will be used if remaining funds are available. 5.2. If funded, how will your agency continue this project if CDBG funds are not available in future years? N/A – funds only needed for current fiscal year ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 779 CDBG APPLICATION | PAGE 9 Section 6: Detailed Budget (Max Score: 10 Points) Complete the attached detailed budget forms in MS Excel. Choose the forms pertaining to your project category. Public service Project Complete Appendices A-1, A-2, and A-3. category: Capital improvement (see below): (check one only) Does this Capital Improvement NoIf no, complete Appendices A-1, A-2, and A-4. Project involve Minor Residential Rehabilitation? Yes If yes, complete Appendices A-1, A-2, and A-5. All project categories must complete the following: Appendix A-1: List of All Funding Sources for the Project Appendix A-2: Three-Month Cash Rule Test Depending on the category of your proposed project, complete one of the following: Appendix A-3: Public Service (PS) or Economic Development Project (ED) Schedule 1 – Budget Exhibit Schedule 2 – Personnel Schedule: Gross Pay Schedule 3 – Personnel Schedule: Fringe Benefits Schedule 4 – Indirect Cost/Administrative Overhead (IC/AO) Calculation Schedule 5 – Budget Justification Appendix A-4: Capital Improvement Project (CIP) Schedule 1 – Budget Exhibit Schedule 2 – Budget Justification Appendix A-5: Minor Residential Rehabilitation (MRR) Schedule 1 – Budget Exhibit Schedule 2 – Personnel Gross Pay: Project Management Schedule 3 – Personnel Gross Pay: Fringe Benefits Schedule 4 – Personnel Gross Pay: Construction Management Schedule 5 – Fringe Benefits: Construction Management Schedule 6 – FY 2016-2017 Budget Justification ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 780 CDBG APPLICATION | PAGE 10 Section 7: Implementation (Max Length: 1 Page) Provide a listing below of the specific tasks or activities needed to implement the proposed project and a timeline for their completion (July 2016 – June 30, 2017). Number each task or activity, describe it, and give the projected date of completion. Add additional rows as needed. Completion # Task/Activity Description Date 1Completion of Design Preparation of plans and specifications Jul 2016 2Advertisement Placing ad to contractors in news paperSep 2016 3Award After bid opening, City Councilwill award project Nov 2016 4Begin ConstructionContractor has executed contract Nov 2016 5End Construction City issues Notice of Completion June2017 CDBG APPLICATION | PAGE 11 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 781 Section 8: Identification of Prior Year CDBG and/or Federal Funds 1. Agency name:City of Chula Vista 2. Project name: Moss Street Sidewalk Installation 3. Year of funding: Fiscal Year 2013 Fiscal Year 2014 Fiscal Year 2015 4. Indicate the source of the federal funding awarded to the prior project: CDBG HOME ESG Other (Indicate below) 5. Amount awarded:$468,292 6. Amount spent to date:$10,000 7. Amount reprogrammed to date: $0 8. Indicate below the outcomes anticipated (refer to the original application for the project, if possible): Increase mobility for pedestrians and the disabled in CDBG- eligible areas. 9. Indicate below the outcomes achieved: Increase mobility for pedestrians and the disabled. 10. If any anticipated outcomes were NOT achieved, specify which ones and explain why below: None 1. Agency name:City of Chula Vista 2. Project name: Third Avenue Streetscape Improvements 3. Year of funding: Fiscal Year 2013 Fiscal Year 2014 Fiscal Year 2015 4. Indicate the source of the federal funding awarded to the prior project: CDBG HOPWA ESG HOME CDBG-R HPRP NSP Other : (Indicate below) 5. Amount awarded:$381,766 6. Amount spent to date:$381,766 7. Amount reprogrammed to date: $0 8. Indicate below the outcomes anticipated (refer to the original application for the project, if possible): Beautification of central Chula Vista 9. Indicate below the outcomes achieved: Beautification of Central Chula Vista 10. If any anticipated outcomes were NOT achieved, specify which ones and explain why below: None 1. Agency name:City of Chula Vista 2. Project name: Del Mar Ave Street Improvements Naples-Oxford 3. Year of funding: Fiscal Year 2013 Fiscal Year 2014 Fiscal Year 2015 4. Indicate the source of the federal funding awarded to the prior project: CDBG HOPWA ESG HOME CDBG-R HPRP NSP Other : (Indicate below) 5. Amount awarded:$787,000 6. Amount spent to date:$787,000 7. Amount reprogrammed to date: $0 8. Indicate below the outcomes anticipated (refer to the original application for the project, if possible): Neighborhood improvement, improving accessibility 9. Indicate below the outcomes achieved: Neighborhood improvement, improving accessibility 10. If any anticipated outcomes were NOT achieved, specify which ones and explain why below: CDBG APPLICATION | PAGE 12 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 782 Section 9: Capital Improvement Projects (CIPs) or Public Facility Improvements ONLY Public Service Applicants Skip this portion and continue on to Appendix Section. 9.1. For CIP projects, have the constructions plans and drawings been completed? Yes No If no, indicate the anticipated date of completion: July 2016 9.2. For CIP projects, will you be able to select and award a contract to a general contractor within 90 calendar days from the CDBG contract execution date? If no, please explain why Yes No below: Click here to enter text. 9.3. For CIP projects, summarize the construction manager’s relevant experience on similar federally funded projects: The construction oversight shall be provided by Iracsema Quilantan, Assistant Director of Public Works. She has provided oversight for many Federally funded projectsefficiently and within budget. 9.4. For CIP projects, address the mitigation of any issues identified on the “Project Site Information” section (see Questions B.8 to B.16) with respect to lead hazards, historic Yes No preservation, asbestos, location in a flood plain, or other documented health and safety problems. Were issues identified? If yes, identify each issue and the mitigation below: Click here to enter text. 9.5. For CIP projects, Low and Moderate income clients (51% below 80% AMI) must be served for a minimum of 5 years after the work is completed. Project records must be maintained for a minimum of five years after the termination of the agreement with the City of Chula Vista? Please describe how the records will be maintained. Project records will be filed and maintained by the Public Works. 9.6. For Public Facility Improvements, the facility shall continue to meet one of the national objectives and provide services to low/moderate income persons until five years after the expiration of the contract/MOU with the City. Describe how you will comply with this HUD requirement. N/A - Objectives will be met after completion of construction 9.7. For CIP projects that need occupants to be relocated, describe your agency’s relocation plan: N/A CDBG APPLICATION | PAGE 13 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 783 Section 9: Project Site Information (CIPs and Public Facility Improvements Only) 9.8. Is the facility agency-owned, City-owned, or privately owned? Agency-owned Indicate the property owner(s): Click here to enter text. Is there currently a lien on the property? Yes No City-owned Indicate your City Real Estate Assets liaison: Rick Ryals When will the lease expire? (The lease must not N/A – this is a City project expire within five years of the proposed project’s completion date.) Is there currently a lien on the property? Yes No Privately owned Indicate the property owner(s): When will the lease expire? (The lease must not expire within five years of the proposed project’s completion date.) Is there currently a lien on the property? Yes No Other Provide a brief explanation: 9.9. How old is the property/building in terms of years? N/A For building/structures constructed prior to December 31, 1969: Has a lead hazard inspection report been issued for the facility?Yes No Has the facility been abated for lead paint? Yes No Will children occupy the facility?Yes No If yes, indicate the age range of the children who will occupy the facility: Click here to enter 9.10. Has the property been designated or been determined to be potentially eligible for Yes No designation as a local, state, or national historic site? If yes, please describe: Click here to enter text. 9.11. Is the building/structure located on a Historic Site? Yes No Is the building/structure located in a Historic District? Yes No Is the building/structure in a Flood Zone? Yes No Is the building/structure in a Flood Plain?Yes No Does your agency have flood insurance? Yes No Will there be demolition required? Yes No 9.12. List and describe any known hazards (e.g., asbestos, storage tanks – underground/above ground): N/A 9.13. Will the project result in an expansion of an existing facility?Yes No If yes, specify the size in square feet: Existing size: Addition size: CDBG APPLICATION | PAGE 14 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 784 9.14. The questions below ask about zoning. If zoning information is not known, contact the City of Chula Vista’s Development Services Department at (619) 691-5101 to request assistance. N/A –zoning does not pertain to roadway right-of-way What is the project structure type? Residential Commercial Public facility Public right-of-way What is the current zoning of the project site? Single Family Residential (R1) Is the project site zoned correctly for the proposed activity? Yes No If no, provide belowan explanation of efforts and a timetable to change the zoning or obtain a variance: Click here to enter text. 9.15. Does the project require temporary/permanent relocation of occupants? Yes No If yes, this project is subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA). Describe the relocation plans, including timetable and notifications to occupants. List how many of the occupied units are: (a) owner-occupied; (b) renter-occupied; or (c) businesses. Indicate whether temporary and/or permanent displacement is required. \[NOTE: This will be for site information only. Relocation activities will not be eligible for funding with Fiscal Year 2016-2017 CDBG funds.\] Click here to enter text. 9.16. Federal regulations require that all facilities and/or services assisted with CDBG funds be accessible to the disabled. Accessibility includes such things as: entrance ramps, parking with universal logo signage, grab bars around commodes and showers, top of toilet seats that meet required height from the floor, drain lines under lavatory sink either wrapped or insulated, space for wheelchair maneuverability, accessible water fountains, access between floors (elevators, ramps, lifts), and other improvements needed to assure full access to funded facilities/programs, including serving the blind and deaf. Describe below whether the project currently meets ADA standards for accessibility by the disabled. If not, describe the accessibility problems and methods to be utilized to address the problems, including funding and timetable. NOTE: The project site must first be fully ADA-compliant before other construction activities can be implemented with CDBG funding. Yes, one of the purposes of the project this to provide an ADA-compliant ramp. 9.17. For Public Facility Improvements, what are the hours of operation (days of the week and hours of operation? The proposed improvement is accessible to the public all the time. CDBG APPLICATION | PAGE 15 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 785 APPENDICES BUDGET APPENDICES FY 2016-2017 CDBG PROGRAM APPLICATION - APPENDIX “A” APPENDIX A-1: LIST OF ALL FUNDING SOURCES FOR THE PROJECT CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2016-2017 APPLICATION This table serves to provide the listing of all funds to be made available for the project. There are 3 steps to the completion of this table: Step (1):Enter the FY 2016-2017 CDBG application funding request amount for this application; Step (2): Complete the following table with the amounts of other funding sources that have been secured or funding sources that are unsecured for the implementation of the project; and Step (3):Attach any supporting documentation that verifies the secured funding sources and amounts for the project. NOTE: Amounts Unsecured should be funding sources that the Agency is reasonably sure will be available for the project. However supporting documentation is not yet available. AMOUNT AMOUNT % OF SECURED UNSECUREDTOTAL FY 2016-2017 CDBG Application Request from City of Chula Vista (Step 1) $83,68250.00% List Other Sources Below: (Step 2) HOME 0.00% ESG 0.00% HOPWA 0.00% CDBG-R 0.00% NSP 0.00% HPRP 0.00% Other Federal Stimulus Funds 0.00% Other Federal Funds 0.00% San Diego Housing Commission 0.00% State Funds 0.00% County Funds 0.00% Local Funds (TransNet)50.00% Private Funds 0.00% Agency Funds 0.00% TOTAL $83,682100% TOTAL PROJECT BUDGET $83,682 FY 16-17 CDBG APPLICATION | APPENDIX “A” ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 786 PROJECT CONTACT INFORMATION FORM If the proposed project is funded, this form will be used to facilitate correspondence with the Project Agency’s staff. The individual listed as the Program contact should be able to respond to questions regarding the programmatic activities and reports. The individual listed as the Fiscal contact should be able to respond to questions regarding the fiscal activities and reports. Submit a new form each time any of the listed information is revised during the approved contract period. If there is change of address, your agency MUST bmit a revised form to the CDBG Program Office, in order for reimbursement payments to be issued properly. su AGENCY: City of Chula Vista PROJECT: Holiday Estates Park Improvement Project. GENERAL CORRESPONDENCE CONTACT: NAME: Iracsema QuilantanPHONE: 619-397-6066 Assistant Director of Public Works TITLE: FAX: 619-691-5171 MAILING ADDRESS: 276 Fourth Ave, Chula Vista, CA 91910 E-MAIL: bchopp@chulavistaca.gov PROJECT LOCATION(S) (list all addresses where services will be provided.) FIRST ADDRESS: Corner of Connoley Circle and Connoley Avenue SECOND ADDRESS: N/a THIRD ADDRESS: N/A (For additional project locations, please attach a separate sheet. PROGRAM CONTACT: PRIMARY ALTERNATE NAME: Robert Beamon TITLE: Administrative Services ManagerClick here to enter text. PHONE: 619-409-1965 Click here to enter text. FAX: 619-691-5171 Click here to enter text. EMAIL: Rbeamon@chulavistaca.gov Click here to enter text. FISCAL CONTACT: PRIMARY ALTERNATE NAME: Click here to enter text. TITLE: Click here to enter text. PHONE: Click here to enter text. FAX: Click here to enter text. EMAIL: Click here to enter text. FY 16-17 CDBG APPLICATION | APPENDIX “B” ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 787 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 788 15 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ ȃ $3$ (®´²¨¦ Project | Program: (®´²¨¦ 3¤±µ¨¢¤² 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Funds are used to cover staff costs associated with projects and programs funded through the HOME program. Examples of services provided include the following: Energy auditing, preparation of work Project | Program Description: specifications, reviewing of applications, loan processing, inspections, tenant selection, and assisting owners, tenants, contractors, and other entities participating or seeking to participate in housing projects assisted with the HOME program. Project Category: IV. Housing Projects Target Population 15J -Housing Services \[570.201(k)\] : (and HUD Eligibility Code) HUD National Objective: LMH -Low/Mod Households \[570.208(a)(3)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $50,000 CDBG (B-16-MC-06-0540)$50,000 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 789 16 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ ȃ $3$ (®´²¨¦ Project | Program: 3¤¢³¨® ΐΏΗ $¤¡³ 3¤±µ¨¢¤ 0 ¸¬¤³ 02/*%#4 ).&/2-!4)/. !.$ ELIGIBILITY Funds will be used for the debt service payment of the $9.5million Section 108 Loan which was received in 2007 for the Castlepark Infrastructure Program. The Project | Program Description: project consisted of completion of 11 new streets, including: sidewalks, curbs, gutters, lighting and signage. This represents year nine of the twenty year term loan. Project Category: III.Capital Improvement Project/Facility Improvement Target Population 19F - Planned Repayments of Sec. 108 Loans : (and HUD Eligibility Code) Chula Vista Goal/Objective: Community Enhancement (CIPs and Public Facilities) HUD National Objective: LMA - Area Benefit \[570.208(a)(1)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $759,858 CDBG (B-16-MC-06-0540)$759,858 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 790 City of Chula Vista Section 108 Loan Repayment Schedule Due DateInterestPrincipalTotal P & I 02/01/2009$ 287,032.73 $ -$ 287,032.73 Total 08/09$ 287,032.73 08/01/2009$ 225,615.25 $ 287,000.00$ 512,615.25 02/01/2010$ 221,855.55 $ -$ 221,855.55 Total 09/10$ 734,470.80 08/01/2010$ 221,855.55 $ 302,000.00$ 523,855.55 02/01/2011$ 217,159.45 $ -$ 217,159.45 Total 10/11$ 741,015.00 08/01/2011$ 217,159.45 $ 317,000.00$ 534,159.45 02/01/2012$ 211,707.05 $ -$ 211,707.05 Total 11/12$ 745,866.50 08/01/2012$ 211,707.05 $ 332,000.00$ 543,707.05 02/01/2013$ 205,365.85 $ -$ 205,365.85 Total 12/13$ 749,072.90 08/01/2013$ 205,365.85 $ 349,000.00$ 554,365.85 02/01/2014$ 198,385.85 $ -$ 198,385.85 Total 13/14$ 752,751.70 08/01/2014$ 198,385.85 $ 367,000.00$ 565,385.85 02/01/2015$ 190,788.95 $ -$ 190,788.95 Total 14/15$ 756,174.80 08/01/2015$ 190,788.95 $ 385,000.00$ 575,788.95 02/01/2016$ 182,453.70 $ -$ 182,453.70 Total 15/16$ 758,242.65 08/01/2016$ 182,453.70 $ 404,000.00$ 586,453.70 02/01/2017$ 173,404.10 $ -$ 173,404.10 Total 16/17$ 759,857.80 08/01/2017$ 173,404.10 $ 425,000.00$ 598,404.10 02/01/2018$ 163,714.10 $ -$ 163,714.10 Total 17/18$ 762,118.20 08/01/2018$ 163,714.10 $ 446,000.00$ 609,714.10 02/01/2019$ 153,411.50 $ -$ 153,411.50 Total 18/19$ 763,125.60 08/01/2019$ 153,411.50 $ 468,000.00$ 621,411.50 02/01/2020$ 142,015.70 $ -$ 142,015.70 Total 19/20$ 763,427.20 08/01/2020$ 142,015.70 $ 492,000.00$ 634,015.70 02/01/2021$ 129,814.10 $ -$ 129,814.10 Total 20/21$ 763,829.80 08/01/2021$ 129,814.10 $ 516,000.00$ 645,814.10 02/01/2022$ 116,785.10 $ -$ 116,785.10 Total 21/22$ 762,599.20 08/01/2022$ 116,785.10 $ 542,000.00$ 658,785.10 02/01/2023$ 102,882.80 $ -$ 102,882.80 Total 22/23$ 761,667.90 08/01/2023$ 102,882.80 $ 569,000.00$ 671,882.80 02/01/2024$ 88,117.25$ -$ 88,117.25 Total 23/24$ 760,000.05 08/01/2024$ 88,117.25$ 597,000.00$ 685,117.25 02/01/2025$ 72,446.00$ -$ 72,446.00 Total 24/25$ 757,563.25 08/01/2025$ 72,446.00$ 627,000.00$ 699,446.00 02/01/2026$ 55,830.50$ -$ 55,830.50 Total 25/26$ 755,276.50 08/01/2026$ 55,830.50$ 659,000.00$ 714,830.50 02/01/2027$ 38,235.20$ -$ 38,235.20 Total 26/27$ 753,065.70 08/01/2027$ 38,235.20$ 692,000.00$ 730,235.20 02/01/2028$ 19,620.40$ -$ 19,620.40 Total 27/28$ 749,855.60 08/01/2028$ 19,620.40$ 724,000.00$ 743,620.40 Total 28/29$ 743,620.40 $ 5,880,634.28$ 9,500,000.00 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 791 17 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ ȃ $3$ (®´²¨¦ Project | Program: (/-% 0« ¨¦ȝ!£¬¨¨²³± ³¨® 02/*%#4 ).&/2-!4)/. !.$ %,)'IBILITY Funds will be used for the staff costs associated with the management and administration of Chula Vista's HOME program. This includes preparation of the required Project | Program Description: planning documents, regulatory compliance, contract oversight of the partnering agencies, environmental reviews and fiscal management. Project Category: I. Planning/Administration Target Population 21A - General Program Administration (570.206) : (and HUD Eligibility Code) FUNDING Grant Program: Amount Requested: Amount Recommended: $64,215 HOME (M-16-MC-06-0505) $64,215 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 792 18 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ ȃ $3$ Housing Project | Program: 0±®£´¢³¨® ®¥ !¥¥®±£ ¡«¤ (®´²¨¦ 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Funds will be utilized in conjunction with prior year HOME funds for continued funding of affordable housing development, housing site improvements, Project | Program Description: predevelopment costs and other activities to stimulate housing for lower income persons in the City. Once a project is identified, staff will return to City Council for review and approval of the specific project. Project Category: IV. Housing Projects Proposed Number to Serve: Unknown at this time Chula Vista Goal/Objective: Affordable Rental Housing Opportunities HUD National Objective: LMH -Low/Mod Households \[570.208(a)(3)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $577,935 HOME (M-16-MC-06-0505) $577,935 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 793 19 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ ȃ $3$ (®´²¨¦ Project | Program: %3' 0« ¨¦ȝ!£¬¨¨²³± ³¨® 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Funds will be used for the staff costs associated with the management and administration of Chula Vista's ESG program. This includes preparation of the required Project | Program Description: planning documents, regulatory compliance, contract oversight of the partnering agencies, environmental reviews and fiscal management. Project Category: I. Planning/Administration Target Population 21A - General Program Administration (570.206) : (and HUD Eligibility Code) FUNDING Grant Program: Amount Requested: Amount Recommended: $11,945 ESG (E-16-MC-06-0540) $11,945 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 794 20 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 INFORMATION Applicant: 3®´³§ " ¸ #®¬¬´¨³¸ 3¤±µ¨¢¤² Project | Program: # ² .´¤µ 6¨£ ) 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Casa Nueva Vida I offer the only permanent short-term shelter/housing program for homeless family (with children) in the South Bay region, including victims of domestic violence. Staff utilize a comprehensive strengths-based assessment, after which together with Project | Program Description: clients they develop an individualized treatment plan, to include any number of services including case management, counseling, employment assistance, childcare, etc, so each client can work to re-establish a self-sufficient lifestyle free from homelessness. Project Category: II. Public Service Target Population 03T -Operating Costs Homeless/AIDS Patients : (and HUD Eligibility Code) Proposed Number to Serve: 90Persons at risk of homelessness Chula Vista Goal/Objective: Public Services (Special Needs and/or Low Moderate) HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $63,777 ESG (E-16-MC-06-0540) $63,777 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 795 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 796 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 797 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 798 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 799 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 800 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 801 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 802 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 803 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 804 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 805 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 806 21 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ ȃ $3$ (®´²¨¦ Project | Program: (®¬¤«¤²² - ¦¤¬¤³ )¥®±¬ ³¨® 3¸²³¤¬ 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 The City is required utilize the Homeless Management Information System (HMIS), which is a local information technology system used to collect client-level data and Project | Program Description: data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. Funds will be used to contract with an organization to assist the City. FUNDING Grant Program: Amount Requested: Amount Recommended: $7,663 ESG (E-16-MC-06-0540) $7,663 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 807 22 Application #: 2016/2017 Federal Grant Funding Application %·¤¢´³¨µ¤ 3´¬¬ ±¸ !00,)#!.4 ).&/2-!4)/. Applicant: #¨³¸ ®¥ #§´« 6¨²³ ȃ $3$ (®´²¨¦ Project | Program: (®¬¤«¤²² 0±¤µ¤³¨®ȝ2 ¯¨£ 2¤(®´²¨¦ 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 HPRP is a rental assistance program designed to help prevent and end homelessness by paying a portion a participants rent; up to a maximum of $1,000 per month and up to a maximum of $1,000 for the security deposit. Project | Program Description: The tenants portion of the rent is flexible based on their current income. Qualifying apartments must be in the City of Chula Vista and under Fair Market Rent. Apartment size is determined by family size. Project Category: II. Public Service Target Population 05S - Rental Housing Subsidies : (and HUD Eligibility Code) Proposed Number to Serve: 5 Persons at risk of homelessness Chula Vista Goal/Objective: Affordable Rental Housing Opportunities HUD National Objective: LMC - Low/Mod Clientele \[570.208(a)(2)\] FUNDING Grant Program: Amount Requested: Amount Recommended: $75,880 ESG (E-16-MC-06-0540) $75,880 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 808 U.S. Department of Housing and Urban Development Federal Grant Programs (CDBG | HOME | ESG) 2016/2017 FUNDING PLAN CDBG Administration Tab Amount ApplicantProject No.Recommen. 1DSD Housing DivisionCDBG Administration$ 349,126 2DSD Housing DivisionFair Housing Services$ 35,000 $ 384,126 CDBG Public Services Tab Amount ApplicantProject No.Recommen. 3C.V. Community CollaborativeF.R.C. Emergency and Basic Services$ 39,312 4San Diego Food BankFood 4 Kids Backpack Program$ 15,000 5Meals on WheelsHome Delivered Meals for Seniors$ 12,000 6South Bay Community ServicesSouth Bay Food Program$ 10,000 7Interfaith Shelter NetworkRotational Shelter Network$ 11,000 8Family Health Centers of San DiegoKidCare Express Mobile Medical Unit$ 27,000 9South Bay Community ServicesFamily Violence Treatment Program$ 39,000 10South Bay Community ServicesAt-Risk and Homeless Youth Svcs.$ 39,550 11Recreation DepartmentTherapeutic Program$ 20,100 12Recreation DepartmentNorman Park Senior Center Services$ 30,000 $ 242,962 CDBG Capital Improvement Projects and Community Development Tab Amount ApplicantProject No.Recommen. 13Public Works DepartmentPalomar and Orange Sidewalk$ 400,000 14Public Works DepartmentHoliday Estates Park Improvements$ 83,682 15DSD Housing DivisionHousing Services$ 50,000 16DSD Housing DivisionSection 108 Payment$ 759,858 $ 1,293,540 HOME Program Tab Amount ApplicantProject No.Recommen. 17DSD Housing DivisionHOME Admin. & Planning$ 64,215 18DSD Housing DivisionProduction of Affordable Housing$ 577,935 $ 642,150 ESG Program Tab Amount ApplicantProject No.Recommen. 19DSD Housing DivisionESG Admin. & Planning$ 11,945 20South Bay Community ServicesCasa Nueva Vida I$ 63,777 21South Bay Community ServicesHMIS$ 7,663 22DSD Housing DivisionRapid ReHousing Program$ 75,880 $ 159,265 TOTAL GRANT FUNDING$ 2,722,043 Attachment No. 1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 809 City of Chula Vista Staff Report File#:16-0124, Item#: 13. CONSIDERATIONOFTHESALEANDEXCHANGEOFAFORMERREDEVELOPMENTAGENCY PARKING LOT FOR A CITY OWNED PARKING LOT A.RESOLUTIONOFTHESUCCESSORAGENCYTOTHECHULAVISTAREDEVELOPMENT AGENCYOFTHECITYOFCHULAVISTAAPPROVINGAPURCHASEANDSALE AGREEMENTWITHHCCAPITALPARTNERSLLC,TOSELLASSESSORPARCELNOS. 568-162-08 AND 568-162-09 FOR $350,000.00 B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA REALPROPERTYEXCHANGEAGREEMENTBETWEENHCCAPITALPARTNERSLLC, ANDTHECITYOFCHULAVISTAFORCITY-OWNEDPROPERTYLOCATEDATTHE SOUTHWESTCORNEROFCHURCHAVENUEANDDAVIDSONSTREET,ASSESSOR PARCELNO.568-161-25,INEXCHANGEFORPROPERTYLOCATEDAT281-287 CHURCH AVENUE, ASSESSOR PARCEL NOS. 568-162-08 AND 568-162-09 RECOMMENDED ACTION Agency adopt resolution A and Council adopt resolution B. SUMMARY AssemblyBillsX126and1484andSenateBill107(“DissolutionLaws”)includemanyrequirements forthedissolutionofredevelopmentagencyactivities,includingthedispositionofrealproperty,other thanhousingassets.TheDissolutionLawsgenerallyrequiretheSuccessorAgencytodisposeof assetsandpropertyoftheformerredevelopmentagencyforeither1)limitedpublicusesor2) dispositionintotheprivatemarket.Dispositionistooccurexpeditiouslyandwithaviewtoward maximizingvalue,withthedispositionproceedsdistributedtotheaffectedtaxingentities.Theformer redevelopmentagency-ownedpropertyreferredtoinResolutionA(“PropertyA”)isrecommendedto besoldtoHCCapitalPartners(“HCCP”)fortheappraisedvalueof$350,000asindicatedbyanMAI appraisalpreparedinJanuary2016.SB107requiresapprovalofthesalebytheOversightBoard andtheSuccessorAgencytotheRedevelopmentAgency.Inaddition,afterthecloseofescrowby HCCPonPropertyA,staffrecommendsexchangingacityownedparkinglot(PropertyB)withthelot purchasedbyHCCP(PropertyA).Thisactionwillpreservethelargerandhigherrevenueproducing parkinglot(PropertyA).Therefore,concurrentwithcloseofescrowforthesalePropertyA,HCCP willexchangePropertyAfortheCity-ownedparkinglot(PropertyB)locatedatthesouthwestcorner of Church Avenue and Davidson Street Assessor Parcel No. 568-161-25. ENVIRONMENTAL REVIEW Environmental Notice TheproposedactionsarenotProjectspursuanttoSection15378(“Project”Defined)oftheCalifornia EnvironmentalQualityActStateGuidelinesbecausethereisnopotentialfordirectorindirect physical change in the environment. City of Chula VistaPage 1 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 810 File#:16-0124, Item#: 13. Environmental Determination TheDevelopmentServicesDirectorhasreviewedthisitemandhasdeterminedthefollowing:Buyer seekstopurchasePropertyA,whichisaparkinglot,fromtheSuccessorAgency.TheBuyerthen seekstoswapPropertyAwiththeCityinexchangeforPropertyB,anotherparkinglot.Afterthe swap,bothPropertyAandBwillcontinuetobeoperatedasparkinglots,astheycurrentlyare.As such,theproposedactionsamounttosolelytitletransfers,withtheparkinglotscontinuingtobe operatedasparkinglot.Asaresult,theseactionsarenot“Projects”withinthemeaningofSection 15378oftheCEQAGuidelinesbecausetheproposedactionswillnotresultinadirectorindirect physicalchangetotheenvironment.Thus,nofurtherenvironmentalreviewisrequired.However, shouldtheproposedusechangefromparkinglots,additionalenvironmentalreview/determination may be required at that time. BOARD/COMMISSION RECOMMENDATION ThePurchaseandSaleAgreementsforPropertyAwasrecommendedforapprovalbytheOversight BoardoftheSuccessorAgencytotheRedevelopmentAgencyfortheCityofChulaVistaatthe January25,2016Boardmeeting.Theresolutionregardingthetransferofpropertieswasnotsubject to the purview of the Oversight Board and therefore no recommendation was required. DISCUSSION TheDissolutionLawsincludemanyrequirementsforthedissolutionofredevelopmentagency activities,includingthedispositionofrealproperty,otherthanhousingassets.TheDissolutionLaws generallyrequiretheSuccessorAgencytodisposeofassetsandpropertyoftheformer redevelopmentagencyforeither1)limitedpublicusesor2)dispositionintotheprivatemarket. Dispositionistooccurexpeditiouslyandwithaviewtowardmaximizingvalue,withthedisposition proceeds distributed to the affected taxing entities. HealthandSafetyCodesection34191.5requiresSuccessorAgenciestoprepareaLong-Range PropertyManagementPlan(“LRPMP”)withinsixmonthsofreceivingtheFindingofCompletionfrom theDepartmentofFinance.TheSuccessorAgencyreceiveditsFindingofCompletiononMay7, 2013. The LRPMP was approved by DOF on July 15, 2014. OnSeptember22,2015,theGovernorsignedSB107,whichgaveSuccessorAgenciesand OversightBoardsmorediscretionregardingtheretentionordispositionofparkingfacilitiesandlots dedicatedsolelytopublicparking.UnderSB107,theSuccessorAgencyisallowedtoamendits approvedLRPMPoncetoallowfortheretentionofsuchparkingfacilities/lots.However,parking facilitiesandlotsdedicatedsolelytopublicparkingdonotincludepropertiesthat,asofthedateof transferpursuanttotheamendedlong-rangepropertymanagementplan,generaterevenuesin excessofreasonablemaintenancecostsoftheproperties.PropertyAiscurrentlyusedasaparking lotandthepropertygeneratesrevenueinexcessoftheannualmaintenancecosts.Staffhaslooked atthecostsofmaintainanceofparkinglotsintheDowntownParkingDistrict.Becausetherevenues forPropertyAexceedthemaintenancecosts,thepropertyisnoteligibletoberetainedperSB107. TheLRPMPcalledforthesaleofPropertyA,andstaffrecommendsthatthosesalesnowproceed without any amendment to the LRPMP for these properties. City of Chula VistaPage 2 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 811 File#:16-0124, Item#: 13. InFebruary2015,theSuccessorAgencyissuedarequestforproposaltoselectarealtortoassistin thesaleofparcelsidentifiedintheLRPMP,including“PropertyA”.SouthCoastCommercialwas selectedasthemostqualifiedrespondent.InJune2015,SouthCoastCommercialcommenced marketingtheproperties.Thisincludedlistingthepropertyonrealestatewebsitesanddirectly marketing the properties to over 20,000 local and national realtors and investors. Property A PropertyAistobesoldasfullydescribedina“REALPROPERTYPURCHASEAGREEMENTAND JOINTESCROWINSTRUCTIONS”(“Agreement”or“PSA”)attachedtothisstaffreportas AttachmentA.PropertyAisthewesterlyhalfoftheparkinglotlocatedat281-287ChurchAvenue. ThepropertyislocatedintheUrbanCoreSpecificPlanarea.Further,thepropertyiswithintheThird Avenuebusinessdistrictaswellasadjacenttoexistingsingleandmulti-familyresidential development (see “Attachment B - Site Map”). ForPropertyA,theSuccessorAgencyreceivedthreeofferstopurchase.Inreviewingtheoffers, stafflookedatseveralfactors,includingthepurchaseprice,buyer’sin-filldevelopmentexperience andtheconsistencyoftheirprojectproposalwiththeUrbanCoreSpecificPlan.Ofthethreeoffers, HCCapitalPartners(“HCCP”)wasboththehighestpurchasepriceandthemostqualified respondent.HCCPretainedIntegraRealtyResources(IRR),anMAIcertifiedappraiser.InJanuary 2016,IRRdeterminedthevalueofthepropertytobe$350,000.Thepurchasepriceof$350,000 equatestoapproximately$25persquarefoot,whichiscomparabletorecentsalesactivityinthe area.Staffhasreviewedtheappraisalandconcurswiththeconclusionsoftheappraiser.Priortothe openingofescrow,theBuyer’soffermustbeapprovedbytheSuccessorAgency.Oncethesalehas beenapproved,escrowwillbeopened.OncetheBuyerhascompletedtheirduediligenceprocess, set forth in the PSA, the purchase will be completed within 60 days. Property B PropertyBisaCityownedparkinglotlocatedatthesouthwestcornerofChurchAvenueand DavidsonStreet(AssessorParcelNo.568-161-25).PropertyBisrecommendedtobeexchanged withPropertyAsotheCitycanmaintainalargepublicparkinglotwhichpreservestheoptionto developstructuredparkinginthefuture.StaffrecommendsacquiringPropertyAthroughan exchangebecauseitpreservestheabilitytoprovidefuturestructuredparking,generatesahigher monthlyincomeinparkingrevenue,canbeacquiredwithoutimpactingthefundbalanceofthe parkingdistrictfundandprovidesHCCPtheabilitytoprovideparkingtothefirstbrewerytolocate along Third Avenue,Thr3e Punk Ales Brewing. DECISION-MAKER CONFLICT StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundthatMayorSalashasreal propertyholdingswithin500feetoftheboundariesofthepropertieswhicharethesubjectofthis action.Consequently,pursuanttoCaliforniaCodeofRegulationsTitle2,sections18700and 18702.2(a)(11),thisitempresentsadisqualifyingrealproperty-relatedfinancialconflictofinterest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany other fact that may constitute a basis for a decision maker conflict of interest in this matter. City of Chula VistaPage 3 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 812 File#:16-0124, Item#: 13. LINK TO STRATEGIC GOALS TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thesaleandultimate developmentofthetwositessupportstheEconomicVitalitygoalasitseekstofosteropportunities for investment in Western Chula Vista. CURRENT YEAR FISCAL IMPACT Overthepastyear(theperiodforwhichdataisavailable),PropertyA(Agency)hasgenerated approximately$802dollarsinparkingrevenuepermonth.TheParkingMeterFundwillcontinueto receive revenue until the close of escrow, which is anticipated to be no later than May 31, 2016. PropertyBcurrentlygeneratesapproximately$452dollarpermonthinparkingrevenue.TheParking MeterFundwillcontinuetoreceivetherevenueuntilthecloseofescrow,whichisanticipatedtobe May31,2016.Ifthesaleandtransferisapproved,theCitywillacquirePropertyAandcontinueto receive the revenue. ONGOING FISCAL IMPACT Ifthesaleandtransferisapproved,theCitywillacquire,throughanexchange,PropertyAand continuetoreceivetherevenueofapproximately$802dollarsinparkingrevenuepermonth. PropertyBwillbereturnedtothepropertytaxroleandbegintogenerateanominalamountof revenue to the City’s General Fund. ATTACHMENTS A.Purchase and Sale Agreement B.Vicinity Map C.Real Property Exchange Agreement Staff Contact: Craig Ruiz, Principal Economic Development Specialist City of Chula VistaPage 4 of 4Printed on 3/10/2016 powered by Legistar™ ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 813 SUCCESSOR AGENCYRESOLUTION NO. 2016-___ RESOLUTION OF THE SUCCESSOR AGENCY TOTHE CHULA VISTA REDEVELOPMENT AGENCYOF THE CITY OF CHULA VISTAAPPROVING A PURCHASE AND SALE AGREEMENT WITH HC CAPITAL PARTERS,LLC., TO SELL ASSESSOR PARCEL NOS.568-162-08 and 568- 162-09 FOR $350,000.00 DOLLARS WHEREAS, AB26X, AB1484,and SB 107 (the “Dissolution Laws”) were filed with the Secretary of State on June 29, 2011, June 27, 2012, and September 22, 2015respectively; and WHEREAS, the Oversight Board (“Oversight Board”) for the Successor Agency (“Successor Agency”) to the Redevelopment Agency of the City of Chula Vista has been established to take certain actions to wind down the affairs of the Redevelopment Agency of the City of Chula Vista in accordance with the Dissolution Laws; and WHEREAS, AB1484 requiredthe preparation, approvaland submission to the State Department of Finance (DOF)for additional review and approval of a “Long-Range Property Management Plan”(LRPMP); WHEREAS, the LRPMP specifies how the Successor Agency to the Redevelopment Agency of the City of Chula Vista(Successor Agency) will dispose of the real property assets of the former Redevelopment Agency; and WHEREAS, theDOF approved the LRPMP onJuly 15, 2014; and WHEREAS, the LRPMP identified variousparcels for disposal by the Successor Agency viasale to a private party; and WHEREAS, the in February 2015, the Successor Agencyissued a request for proposal to select a realtor to assist in the sale of six properties identified in the LRPMP; 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 the Successor Agency 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 two parcels, identified as Assessor’s Parcel Nos. 568-162-08, and 568-162- 09(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 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 814 Successor Agency Resolution No. 2016-___ Page 2 WHEREAS, the proposal submitted by HC CapitalPartners, LLC, (“HCCP”), was determined to the best qualified offerto purchase and develop the Parcels; and WHEREAS, HCCP submitted an appraisal by Integra Realty Resources, dated January 14,2016, which determined the value of the Parcels to be $350,000.00; and WHEREAS, the Successor Agency desires to sell the Parcelsfor the amount of $350,000.00, 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, the Oversight Board,in accordance with the Dissolution Laws, has approved the sale of the Parcels. NOW, THEREFORE,THE SUCCESSOR AGENCY FORTHE CHULAVISTA REDEVELOPMENT AGENCY 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 HC Capital Partners, LLC (the “Agreement”),to sell Assessor’sParcel Nos. 568-162-08, and 568-162-09 to the latter for the price of $350,000.00, 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 ismaintained 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, which are currently being used as parking lots, from the Successor Agency to HC Capital Partners, LLC, a California corporation, and its proposed action to swap the Parcels with the City of Chula Vista for another parcel, currently also being used as a parking lot, and as such, those actions amount to solely title transfers with all the parcels continuing to be operated as parking lots. As a result, the actions are not “Projects” withinthe meaning of Section 15378 of the CEQA Guidelines because the proposed actionswill not result in a direct or indirect physical change to the environment. Thus, no further environmental review is required. However, should the proposed use change from parking lots, additional environmental review/determination may be required at that time. 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 HC Capital Partners, LLC and to make changesin documents related to said sale as may be required or approved by the City Attorney, in his capacity as General Counsel to the Successor Agency. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 815 Successor Agency Resolution No. 2016-___ Page 3 Presented byApproved as to form by Name Eric CrockettGlen R. Googins TitleDirector of Economic DevelopmentCity Attorney ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 816 CITY COUNCILRESOLUTION NO. 2016-___ RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF CHULA VISTA APPROVING A REAL PROPERTY EXCHANGE AGREEMENTBETWEEN HC CAPITAL PARTNERS LLC, AND THE CITY OF CHULA VISTA FOR CITY OWNED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CHURCH AVENUE AND DAVIDSON STREET, ASSESSOR PARCEL NO. 568-161-25, IN EXCHANGE FOR PROPERTY LOCATED AT 281-287 CHURCH AVENUE, ASSESSOR PARCEL NOS. 568-162-08 AND 568-162-09 WHEREAS, City is the owner of property located at the southwest corner of Davidson Streetand Church Avenue, located in the City of Chula Vista, County of San Diego, State of California (“Property B”), and currently identified as San Diego County Assessor’s Parcel No. 568-161-25; and WHEREAS, the Successor Agency was the owner of two parcels commonly described 281 and 287 Church Avenue, located in the City of Chula Vista, County of San Diego, State of California (“Property A”), and currently identified as San Diego County Assessor’s Parcel No.568-162-08 and 09, a property having been approved for disposition by sale to a third party under state redevelopment dissolutions laws; and WHEREAS, at their March 15, 2016 meeting, after Oversight Board approval of a sale of Property A, SuccessorAgencyto the Redevelopment Agency of the City of Chula Vista approved HCCP’s offer to purchase Property A. WHEREAS, City desires to acquire fee interest in HCCP’sreal property currently identified as San Diego County Assessor’s Parcel No’s. 568-162-08 and 09 (Property A) for use as a parking lot and other public purposes;and WHEREAS, HCCP desires to acquire fee interest in a City’s real property currently identified as San Diego County Assessor’s Parcel No 568-161-25 (Property B) in exchange for their above described property ; and WHEREAS, Property A and Property B are located in the 200 block of Church Avenue, have the same V-1 East Village zoning designation, are both used for public parking, are of the same approximate size and the same approximately value. NOW, THEREFORE,THE CITY COUNCIL OF 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. ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 817 Successor Agency Resolution No. 2016-___ Page 2 Section 2 . The “REAL PROPERTY EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS” between the City of Chula Vista and HC Capital Partners, LLC (the “Agreement”),to exchange sell Assessor’sParcel Nos. 568-162-08, and 568-162-09 for Assessor’s Parcel No. 568-161-25, for no consideration, plus anyfees, charges and costs accrued during due diligence and/or escrow,in the form substantially presented to the City Counciland to which minor changes may be made as required or approved by the City Attorney, a true and correct copy of which is maintainedas a public recordin the Office of the City Clerk,is hereby approvedby the City Council. Section 3. The City Council has heard and considered evidence regarding the exchange of the Parcels between the City and HC Capital Partners, LLC, a California corporation,and finds that the proposed action to swap the Parcels with the City of Chula Vista for another parcel, currently also being used as a parking lot, and as such, those actions amount to solely title transfers with all the Parcels continuing to be operated as parking lots. As a result, the actions are not “Projects” with the meaning of Section 15378 of the CEQA Guidelines because the proposed actionswill not result in a direct or indirect physical change to the environment. Thus, no further environmental review is required. However, should the proposed use change from parking lots, additional environmental review/determination may be required at that time. Section 4. The City Manageris directed and authorized to execute all required documents, including the above referenced “REAL PROPERTY EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS,”to effectuate the exchange of these Parcels between the City and HC Capital Partners, LLC and to make changesin documents related tosaid exchange as may be required or approved by the City Attorney. Section 5. The City Clerk shall certify to the adoption of this Resolution. Presented byApproved as to form by Eric CrockettGlen R. Googins Director of Economic Development City Attorney ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 818 PROPERTY A REAL PROPERTY PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS SELLER:Successor Agency to the Former Redevelopment Agency of the City of Chula Vista BUYER:HC Capital Partners, LLC DATED:This Agreement is effective upon the later date of approval by both the Oversight Board and the Successor Agencyand execution of said Agreement by both parties. 538/026779-0001 -1- 898355.05 a03/08/16 DOCSOC/1494229v3/024212-0005 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 819 BASIC TERMS Effective Date:This Agreement is effective upon the later date of approval by both the Oversight Board and the Successor Agencyand execution of said Agreement by both parties. Property:Real property generally known as:Assessor Parcel No. 568- 162-08and 568-162-09Chula Vista CA 91910 Seller:Successor Agency tothe Redevelopment Agency forthe City of Chula Vista Seller’s Address:276 Fourth Avenue, Chula Vista CA 91910 Buyer:HC Capital Partners, LLC Buyer’s Address:2004 University Avenue San Diego CA 92104 Purchase Price:$350,000 Outside Closing Date (or Closing)May31, 2016 Title Company Fidelity National Title 4370 La Jolla Village Dr. #860, San Diego CA 92122 Title Officer –Tim Noonan 1 DOCSOC/1494229v3/024212-0005 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 820 REAL PROPERTY PURCHASE AGREEMENT AND JOINT ESCROW INS TRUCTIONS This REAL PROPERTY PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS(“Agreement”) datedJanuary 25, 2016, for reference purposes only, is by and SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY For THE CITY between the OFCHULA VISTA, a state created entity pursuant to Assembly Bill (“AB”) 26-X1 (Health and HC Capital Partners, LLC SafetyCode sections 34173(a) and (g))(“Agency” or “Seller”), and , a Californialimited liability Company,(“Buyer”) for the acquisition by Buyer of all of Seller’s interests, tangible and intangible, in that certain Property defined and described below. The Effective Date of this Agreement shall be the date upon which the Agency’sgoverning body and that second government entity called the Oversight Board of the Successor Agency for the Chula Vista Redevelopment Agency(“Oversight Board”) have duly considered, taken action to approvethis Agreement, and Agency’s representativeand Buyer’s representative haveexecuted this Agreement. RECITALS WHEREAS, Seller owns fee title to certain vacant and undeveloped real propertylocated in theCity of Chula Vista, California, commonly identified as San Diego County Assessor’s Parcel Nos.568-162-08and 568-162-09(in the aggregate, the “Property”). The Property islegally described in Exhibit Aand depicted in Exhibit B, both attached hereto and incorporated herein by these references. WHEREAS, Buyer desires to purchase the Property and has made a bona fide offer to the Agency to purchase the Property, and; WHEREAS,subject to the terms and conditions herein, Agency desires to sell the Property to Buyer. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyeragree as follows: 1.Purchase and Sale . Seller hereby agrees to sell the Property to Buyer, and Buyer hereby agrees to purchase the Property from Seller, on the terms and conditions set forth in this Agreement. Seller shall convey to Buyer fee simple, marketable title with the condition of title for the Property meeting the requirements of Section3 herein for which Seller is responsible. The term “Property” is defined inclusively and collectively for and under this Agreement as the following: (a) The fee interest in the Property; (b) All improvements, if any, to the Property; (c) All of Seller’s rights, privileges, easements, licenses and interests, both tangible and intangible,appurtenant to the Property. “Property” shall be deemed to include, without limitation, all royalties, minerals, oil and gas rights and profits, water and water rights (whether or not appurtenant) derived from the Property that are owned by Seller; 2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 821 (d) All moveable and immovable personal property, equipment, supplies, furniture, and fixtures owned by Seller and located at the Property, if any, as of Closing, and (e) All licenses, permits, authorizations and approvals issued by governmental authorities with respect to the Property and the improvements thereon. 2.Purchase PriceandPayment of Purchase Price. (a)All Inclusive Purchase Price. The Purchase Price for the Property shall be the sum of three hundredfiftythousandDollars ($350,000.00). The purchase price to be paid by Buyer pursuant to this Section is hereinafter referred to as the “Purchase Price.” Said Purchase Price shall be based on an approved mutually agreeable appraisal datedJanuary14, 2016 conducted byIntegra Realty Resources of San Diego, CA. (b)Payment of Purchase Price. Buyer shallpay Purchase Price in accordance with the Escrow Instructions. 3.Escrow and Title Matters . (a)Escrow and Closing . (i)Opening of Escrow. For the purposes of this Agreement, the escrow (“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date thatthe title company holding and managing theEscrowfor Buyer and Seller (“Escrow Holder”)receives a copy of this Agreement fully executed by Seller and executed and attested by Buyer.. Further, Buyer shall deliver to Escrow a deposit of Five Thousand Dollars ($5,000.00) (“Buyer’s Deposit”) concurrentlywith the delivery of the signed Agreement. Should the Buyer not receive Design Review approval as described in Section 7(d)(ii), the Buyer’s Deposit shall be fully refundable. Buyer and Seller shall use reasonable efforts to cause the Opening of Escrow tooccur on the date ten (10) business days after the Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental Escrow instructions or other instruments reasonably required by Escrow Holder to consummate the transaction contemplated by this Agreement; provided, however, that no instrument shall be inconsistent or in conflict with, amend or supersede any portion of this Agreement. If there is any conflict or inconsistency between the terms of an instrument and the terms of this Agreement, then the terms of this Agreement shall control. Without limiting the generality of the foregoing, no instrumentshall extinguish any obligations imposed by this Agreement or any other contract between Seller and Buyer. (ii)Closing. For purposes of this Agreement, the “Closing” or “Closing Date” shall be the date the Grant Deed (as defined below) is recorded pursuant to applicable law in the Official Records of San Diego County. Unless changed in writing by Buyer and Seller(via the City Manager acting in their capacity as Executive Director of Agency),the Closing shall occur within sixty (60)daysfollowing the last day of the Due Diligence Period identified in Section6. If the Closing has not, for any reason, occurred by May 31, 2016 the “Outside Closing Date”(as it may be extended pursuant to the immediately preceding sentence), then either Buyer or Seller may 3 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 822 terminate this Agreement by delivering written notice to the other at any time after the Outside Closing Date; provided, however, that if there is a Seller Default or a Buyer Default under this Agreement at the time of the termination, then the termination shall not affect the rights and remedies of the non-defaulting party against the defaulting party. If neither party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon thereafter as Buyer’sand Seller’s Conditions Precedent to Closing are satisfied pursuant to Sections 7(a) and 7(b) of this Agreement. (b)Title Matters . (i)Buyer’s Title Policy. Concurrently with the Closing, the Escrow Holder in its capacity as an insurer of title (the “Title Company”) shall issue to Buyer a 2006 CLTA or ALTA, at the option of Buyer, owner’s policy of title insurance (amended 6/17/06) without arbitration provisions in the amount of the Purchase Price, showing fee title to the Property vested solely in the Buyer, with all property taxes and assessments shown as paid, The premium for the Buyer’s Title Policy and any endorsements required by Seller and Buyer shall be charged to Buyer as described in Section11, subdivisions(a) and (b). Buyer may require, as a Buyer’s Condition Precedent to the Closing, that Seller execute an estoppel agreement and/or a subordination agreement in a form acceptable to Buyer, confirming that, as of the Closing, (a)the Seller shall have no further interest in the Property or any portion thereof or any improvements thereon. (ii)No New Liens or Exceptions. Buyer hereby objects to any and all liens and exceptions to title not shown on the preliminary title reportprocured by the Agency and prepared in relation to this Agreement by Escrow Holder (“Preliminary Title Report’). Further, during the period commencing on the Effective Date and continuing until the Closing, Seller agrees it shall not cause any new or modified lien or encumbrance to title to become of record against the Property, unless such lien or encumbrance is approved in writing by Buyer. Each and every new lien or encumbrance shall be subject to Buyer’s prior written consent and unless and until approved by Buyer shall be deemed a disapproved exception to title that shall be removed by Seller at Seller’s sole cost as a condition to Closing. 4.Seller’s Delivery of Property Documents . (a)Seller’s Delivery of Property Documents . Within ten (10)days after the Effective Date, Sellershall deliver to Buyer complete, true, and legible copies of the following items (collectively, “Property Documents”): (i)Copies of tax bills, including assessments, if any. (ii)Proof of Sellers’ authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company. (iii)Each and every contract, agreement, license and lease relating to and/or affecting the Property, specifying which of such contracts, agreements, licenses, and/or leases are anticipated to bind Buyer or affect the Property following the Close of Escrow, if any, 4 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 823 with the exception of the Preliminary Title Report which shall be handled as set forth in Section 3(b). (b)Property Documents delivered to Buyer. Withinthirty (30) daysof the Effective Date, unlessextended by mutualagreement of the parties, Seller shall delivered to Buyer the following Property Documents: (i)The Preliminary Title Report 5.Buyer’s Right of Entry and Tests of Property . From and after the Effective Date through the earlier to occur of the termination of this Agreement or the Closing Date, Seller shall permit Buyer and Buyer’s employees, agents, Buyers and contractors to enter upon the Property during normal business hours, provided twenty four (24)hours prior notice has been given to Seller, for the purpose of conducting any physical and legal inspections, investigations, assessments, tests, and studies as Buyer in its sole discretion elects to make or obtain, including, but not limited to, investigations with regard to zoning, building codes and other governmental regulations; engineering tests; surveying; soils, seismic and geologic reports; environmental audits, inspections and studies; environmental investigation or other invasive or subsurface testing; and any other physical or legal inspections and/or investigations, including without limitation the presence, release, and/or absence of adverse soils conditions, adverse groundwater conditions, asbestos, lead based paint, and/or Hazardous Materials, as hereinafter more fully defined and described (collectively, “Tests”). (a)Conditions to Right of Entry for Tests . As a condition to conducting any Tests, Buyer shall (i)prior to entry, notify Seller not less than twenty four (24)hours in advance of the purpose of the intended entry and provide to Seller the names and affiliations of the entity or person(s) entering the Property; (ii)conduct all Tests in a diligent, expeditious and safe manner and not allow any dangerous or hazardous conditions to occur on the Property; (iii)comply with applicable laws andgovernmental regulations in conducting such Tests; (iv)keep the Property free and clear of materialmen’s liens, lispendens and other liens arising out of entry onto the Property for such Tests performed by or on behalf of Buyer; (v)Buyer to maintain, or Buyer to cause to be maintained by Buyer’s contractor(s), workers’ compensation insurance on all persons entering the Property for such Tests in the amounts required by the State of California; (vi)Buyer to maintain, or Buyer to cause to be maintained by Buyer’s contractor who will be entering the Property, commercial general liability insurance policy with a financially responsible insurance company (or as to Buyer its membership in a joint powers insurance authority with comparable coverage) covering any and all liability of Buyer and its agents, contractors, Buyers and employees, with respect to or arising out of the Tests conducted at the Property, written on a per occurrence and not claims made basis in a combined single limit of not less than OneMillion Dollars ($1,000,000);and (vii)promptly repair any and all damage to the Property from such Tests caused by Buyer, its agents, employees, contractors, or Buyers and return the Property to its original condition (subject to the Tests conducted) following Buyer’s entry. Buyer shall indemnify, defend, and hold harmless Seller and its agents from and against any and all loss, cost, liability or expense (including reasonable attorneys’ fees) arising from the entry(ies) of Buyer, its agents, contractors, Buyers, and employees upon the Property for and related to such entry and Tests or from Buyer’s failure to comply with the conditions to Buyer’s entry onto the Property for such Tests. Such indemnity shall survive the Close of Escrow or the termination of this 5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 824 Agreement for any reason, but shall be limited to actions and inactions arising from and related to such entry onto the Property and/or the Tests. 6.Due Diligence . (a)Buyer’s Due DiligencePeriod . Buyer shall have a period of ninety (90) calendar days from the Effective Date of this Agreement to conduct its due diligence with respect to the Property and determine whether it elects to terminate this Agreement pursuant to section 6(b). (b)Buyer’s Right to Terminate. The Buyer shall have the right to terminate this Agreement on orbefore ten (10) calendar days following the termination of the due diligence period by providing the Agency with a written notice of its exercise of this provisionto terminate. (i)In the event that Buyer failsto deliver such notice, then such failure shall be deemed Buyer’s election not to terminate this Agreement. 7.Conditions Precedent to Close of Escrow and Termination Rights . (a)Buyer’s Conditions Precedent . The Closing and Buyer’s obligation to buy the Property and toconsummate the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (collectively, “Buyer’s Conditions Precedent”) on or before the Closing Date or such earlier time as provided for herein, which are for Buyer’s benefit only. (1)No Termination as a Result of Buyer’s Due Diligence Review. This Agreement shall not have terminated pursuant to Section6(b)(i)as a result of Buyer’s review and inspection of the Preliminary Title Report, the Property Documents to, and/or the Tests on the Property. (2)Seller Title. Seller shall have fee title to the Property. (3)Buyer’s Title Policy. The Title Company shall, upon payment of Title Company’s regularly scheduled premium, have agreed to provide Buyer’s Title Policy for the Property upon the Closing, in accordance with Section3(b). (4)Representations and Warranties. All representations and warranties of Seller contained in this Agreement shall be true and correct in all respects as of the Effective Date and as of the Closing. (5)No Seller Default. As of the Closing, there shall be no Seller Default under this Agreement. (b)Seller’s Conditions Precedent . The Closing and Seller’s obligation to sell the Property and consummatethe transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (collectively, “Seller’s Conditions Precedent”) on or before the Closing Date or such earlier time as provided for herein, which are for Seller’s benefit only: 6 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 825 (1)No Buyer Default. As of the Closing, there shall be no Buyer Default under this Agreement. (2)Representations and Warranties. All representations and warranties of Buyer contained in this Agreement shall be true and correct in all respects as of the Effective Date and as of the Closing. (3)Delivery of Funds and Documents. Buyer shall have delivered all funds and documents and other items described in Section9. (c)Waiver . Buyer may at any time or times, at its election in its sole and absolute discretion, any of the Buyer’s Conditions Precedent set forth in Section7(a), but any such waiver waive shall be effective only if contained in a writing signed by Buyer and delivered to Seller and Escrow Holder. Seller may at any time or times, at its election in its sole and absolute discretion, waive any of the Seller’s Conditions Precedent set forth in Section7(b) above, but any such waiver shall be effective only if contained in a writing signed by Seller and delivered to Buyer and Escrow Holder. (d)Termination . In the event that each of the Buyer’s Conditions Precedent set forth in Section7(a) is not fulfilled by the Outside ClosingDate, or such earlier time period as provided for herein or waived by Buyer pursuant to Section7(c), and provided there is no Buyer Default under this Agreement, Buyer may at its option terminate this Agreement and the Escrow opened hereunder. In the event each of the Seller’s Conditions Precedent set forth in Section7(b) is not fulfilled by the Outside Closing Date, or such earlier time period as provided for herein or waived by Seller pursuant to Section7(c), and provided there is no Seller Default under this Agreement, Seller may at its option terminate this Agreement and the Escrow opened hereunder. Notwithstanding the foregoing, if Escrow is not in a position to close due to a party’s failure to deposit into Escrow any documents or funds required for the Closing of Escrow, the non-defaulting party shall not have the right to terminate this Agreement without first having given the defaulting party notice of the default and five (5) days to cure the default, with the understanding that it is the parties’ desire that this Agreement not terminate as a result of a technicality such as a party’s inadvertent failure to timely make a deposit of a document or money into Escrow. No termination under this Agreement shall release either party then in default from liability for such default. In the event this Agreement is terminated, (i) all documents and funds delivered by Seller to Buyer or Escrow Holder shall be returned immediately to Seller, provided there is no Seller Default, and likewise (ii)all documents and funds delivered by Buyer to Seller or Escrow Holder shall be returned immediately to Buyer. (i)If Escrow fails to close due to a party’s default or breach, the defaulting or breaching party shall pay all Escrow Cancellation Charges. If Escrow fails to close for any other reason, the Buyer shall pay all Escrow Cancellation Charges. The term “Escrow Cancellation Charges” shall mean all fees, charges and expenses actually charged by Escrow Holder and the Title Company to the parties in connection with the cancellation of the Escrow and the title order, if any. (ii)This sale of property shall be subject to review and approval by the Agency and the Oversight Board pursuant to redevelopment agency dissolution legislation including, but not limited to, AB 26, AB 1484, and SB 107. If the Agency, or the Oversight Board 7 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 826 does not approve the sale of Property, the Agency may terminate this Agreement and sale, with each party bearing their own costs, but the Agency shall pay Escrow Cancellation charges. Buyer understands and agrees that it shall hold Agency, the Oversight Board, and the City, including their elected or appointed officials, directors, officers, employees, Board and Commission members, agents, contractors, and invitees (in the aggregate, “Related Parties”) harmless for such termination. Further, Buyer shall not pursue and waives anyand all causes of action or claims against the Agency, Oversight Board and the City or any of their respective Related Parties. 8.Seller’s Deliveries to Escrow Holder . At least two (2) business days prior to the Closing Date, except as to possession of theProperty which shall be delivered as of Closing, Seller shall deposit or cause to be deposited with Escrow Holder the following items, duly executed and, where appropriate, acknowledged: (a)Grant Deed. The Grant Deed in the form attached hereto as ExhibitB(“Grant Deed”), duly executed by Seller and acknowledged. (b)Bill of Sale . If required by Buyer, the Bill of Sale, in the form attached hereto as ExhibitF, duly executed by Seller, with a list of all FF&E relating to the Property (c)Licenses, Certificates, and Permits. To the extent the same are within the actual or constructiveknowledge of, or in the possession, custody or control of, Seller and are applicable and/or transferable to Buyer, all original licenses, certificates and permits pertaining to the Property and beneficial for, or necessary for, or affecting the use or occupancy thereof. (d)FIRPTA/Tax Exemption Forms. Transferor’s Certification of Non Foreign Status in the ExhibitC formattached hereto as (“FIRPTA Certificate”) (unless Seller is a “foreign person,” as defined in Section1445 in the Internal Revenue Code of 1986), together with any necessary tax withholding forms, and a duly executed California Form 593-C, as applicable (“California Exemption Certificate”). (e)Authority. Such proof of Seller’s authority and authorization to enter into this Agreement andto consummate this transaction as may be reasonably requested by Buyer and the Title Company. (f)Further Documents or Items. Any other documents or items reasonably required to cause theClosing of the transaction contemplated by this Agreement as determined by the Escrow Holder. 9.Buyer’s Deliveries to Escrow . At least two (2) business days prior to the Closing Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following,each duly executed and acknowledged, by Buyer as appropriate: (a)Purchase Price . The Purchase Price (as provided in Section 2), and any additional funds necessaryto pay Buyer’s Charges identified in Section11. In the event Seller does not qualify for an exemption from California withholding tax under Section18662 of the California Revenue and Taxation Code, as evidenced by the delivery at Closing of the California Exemption Certificate duly executed by Seller, Title Company shall withhold three 8 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 827 and one-third percent (3 1/3%) of the Purchase Price on behalf of Buyer for payment to the California Franchise Tax Board in accordance with Section11(d) hereof. In the event Seller is not exempt from such withholding or does not otherwise deliver the California Exemption Certificate at Closing, Buyer shall execute and deliver three (3) originals of California Form 597 to Title Company at or immediately after Closing. (b)Final Escrow Instructions . Buyer’s final written Escrow instructions to close Escrow in accordance with the terms of this Agreement. (c)Further Documents or Items . Any other documents or items reasonably required to cause Closing of the transaction contemplated by this Agreement as determined by the Escrow the Holder. 10.Tax Adjustment Procedure . Escrow Holder is authorized and is instructed to comply with the following tax adjustment procedure: (a)Delinquent Taxes . Pay and charge Seller for any unpaid delinquent property taxes and/or penaltiesand interest thereon, and for any delinquent assessments or bonds against the Property. (b)Proration . Escrow is not to be concerned with proration of Seller’s taxes for the current fiscalyear. Seller’s prorataportion of taxes due at close of Escrow, shall be cleared and paidby Seller, outside Escrow, pursuant to provisions of Section5082 through 5090 of the Revenue and Taxation Code of the State of California. (c)Refund of Taxes . After the Closing of the Escrow, Seller shall have the right in Seller’s sole discretionto apply to the San Diego County Tax Collector forrefund of any excess property taxes paid by Seller with respect to the Property, so long as no proration or credit for such taxes was provided to Seller through the Escrow. This refund would apply to the period after the Closing Date and Buyer’s acquisition of the Property pursuant to Revenue and Taxation Code Section5096.7. 11.Escrow Holder Authorization . Escrow Holder is authorized to and shall pay, charge and perform the following: (a)Buyer Charges . Charge Buyer for all Escrow fees, charges and costs, including all charges recording the Grant Deed, transfer taxes, if any, and any additional title coverage for requested by Buyer, including the difference between a CLTA standard owner’s policy (which CLTA policy and the endorsements described in Section3(b)(i)) are and shall remain Seller’s Charges) and an ALTA extended owner’s policy (collectively, “Buyer’s Charges”). (b)Tax Requirements . Escrow Holder shall prepare and file with all appropriate governmental or taxing authorities a uniform settlement statement, closing statement, tax withholding forms including an IRS 1099 S form, and be responsible for withholding taxes, if any such forms and/or withholding is provided for or required by law. (i)California Withholding. In the event Seller does not qualify foran exemption from California withholding tax under Section18662 of the California Revenue and Taxation Code (“Tax Code”) as evidenced by the delivery to Buyer at Closing of the California 9 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 828 Exemption Certificate duly executed by Seller, (i)Escrow Holder shall withhold three and one-third percent (3 1/3%) of the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board in accordance with the Tax Code, (ii)Buyer shall deliver three (3)duly executed originals of California Form 597 to Escrow Holder at or immediately after Closing, (iii)two (2) executed originals of California Form 597 shall be delivered by Escrow Holder to Seller, and (iv)on or before the 20th day of the month following the month title to the Property is transferred to Buyer (as evidenced by the recording of the Grant Deed), Escrow Holder shall remit such funds withheld from the Purchase Price, together with one (1) executed original of California Form 597 to the California Franchise Tax Board on behalf of Buyer. Buyer and Seller hereby appoint Escrow Holder as a reporting entity under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the Tax Code, together with such other documents required by the Tax Code (including,without limitation, California Form 597), to the California Franchise Tax Board. (ii)FIRPTA Withholding. If Seller is a “foreign person” under the Foreign Investment in Real Property Transfer Act or an exemption applies, the Escrow Holder shall deduct and withhold from Seller’s proceeds ten percent (10%) of the gross sales price and shall otherwise comply with all applicable provisions of the Foreign Investment in Real ExhibitE Property Act and any similar state act. Seller agrees to execute and deliver , as directed by Escrow Holder, or any instrument, affidavit, and statement, and to perform any act reasonably necessary to comply with the provisions of the Foreign Investment in Real Property Act and any similar state act and regulation promulgated thereunder. (c)Closing Statement . Escrow Holder is instructed to prepare and provide copies of a proposed closingstatement and thereafter the final closing statement (“Closing Statement”) to both Seller and Buyer. Escrow Holder shall deliver the estimated Closing Statement to Seller and Buyer no later than three (3) business days prior to the Closing Date. (d)Escrow Holder Responsibility . The responsibility of the Escrow Holder under this Agreementis limited to Sections 1 through 12, and 18(b) and (c), and to its liability under any policy of title insurance issued in regard to this transaction. 12.Closing Procedure . On the Closing Date, and provided all of the Buyer’s Conditions Precedent and Seller’s Conditions Precedent set forth in Sections 7(a) and 7(b), respectively, of this Agreement have been satisfied or waived in writing by the appropriate party (per Section7(c)), Escrow Holder shall immediately close Escrow in the manner and order provided below. (a)Recording . Escrow Holder shall cause the Grant Deed to berecorded pursuant to applicable lawin San Diego County and obtain conformed copies thereof for distribution to Seller and Buyer. (b)Disburse Funds . Escrow Holder shall debit or credit (as provided herein) all charges to Buyerand Seller and withhold funds pursuant to Section11. The Purchase Price (less any amounts required to be withheld as provided in Section11(d)) shall be distributed by check payable to Seller unless Escrow Holder is instructed otherwise in writing signed by Seller (and, in such event, in accordance with such instructions). 10 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 829 (c)Documents to Seller . Escrow Holder shall deliver to Seller, a conformed copy of the Grant Deed, and a copy of all other documents deposited into Escrow by Buyer pursuant to this Agreement. (d)Documents to Buyer . Escrow Holder shall deliver to Buyer the original FIRPTA Certificate,the original California Exemption Certificate (as applicable), a conformed copy of the Grant Deed, the Preliminary Title Report, and each other document (or copies thereof) deposited into Escrow by Seller pursuant hereto, including, without limitation, those documents referenced in Section8. (e)Title Company . Escrow Holder shall cause the Title Company to issue the Buyer’s Title Policy to Buyer. (f)Closing Statement . Escrow Holder shall forward to both Buyer and Seller a separate accountingof all funds received and disbursed for each party in the form of the Closing Statement prepared pursuant to Section11(e). (g)Informational Reports . Escrow Holder shall file any informational reports requiredby Internal Revenue Code Section6045(e), as amended. (h)Possession . Possession of the Property shall be delivered to Buyer at the Closing. 13.DISCLAIMERS, WAIVERS, AND RELEASES (a) BUYERACKNOWLEDGES AND AGREES THAT AGENCY HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES AND AGENCY HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY OBLIGATIONS OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY;(B) THE INCOME TO BE DERIVED FROM THE PROPERTY;(C) THE SUITABILITY OF THE PROPERTY FORANY AND ALL ACTIVITIES AND USES WHICH BUYERMAY CONDUCT THEREON;(D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY;(E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, ECONOMIC FEASIBILITYOR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY;(F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY;(G) THE MANNER, QUALITY, STATE OF REPAIR ORLACK OF REPAIR OF THE PROPERTY;OR (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT AGENCY HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTEES REGARDINGTHE ENVIRONMENTAL CONDITION OF THE PROPERTY;COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE, ZONING OR DEVELOPMENT OR 11 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 830 REGIONAL IMPACT LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS. (b) BUYERFURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN SUFFICIENTTIME ANDOPPORTUNITY TOINSPECT THE PROPERTYAND PERFORM ITS DUE DILIGENCE, BUYERIS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY. BUYERFURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT AGENCY HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. AGENCY IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBALOR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. BUYERFURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS", "WHERE IS" AND, "WITH ALL FAULTS" CONDITION AND BASIS. BUYER’s Initials:________________ (c)Waiver and Release . Effective as of the close of escrow, Buyershall, and by the execution ofthe Agreement, hereby does, forever release Agency, City, Oversight Board,and any of their respective Related Partiesof and from any and all losses, liabilities, damages, claims, demands, causes of action, costs and expenses, whether known or unknown, to the extent arising out of or in any way connected with the Property after the close of escrow, including, without limitation, the condition of title to the Property and the environmental and structural condition of the Property. Buyeragrees never to commence, aid in any way, or prosecute against Agency,City, Oversight Board,and any of their respective Related Partiesany action or other proceeding based upon any losses, liabilities, damages, claims, demands, causes of action, costs and expenses, covered in this paragraph. Notwithstanding any provision to the contrary contained herein, nothing in this Section 13shall be deemed to constitute a waiver of any rights or remedies arising from Agency’s intentional fraud or misrepresentation of any material fact with intent to mislead. Buyerhereby fully and forever releases and discharges Agency, City, Oversight Board, and any of their respective Related Partiesfrom any and all claims, rights, actions, damages, and/or liabilities, of any nature whatsoever, fixed or contingent, existing now or arising in the future, known or unknown, in any way relating to the Property, excluding only claims arising under this Agreement. Buyeracknowledges Buyermay later learn of circumstancesbearing upon the rights released in this Agreement. Buyerspecifically waives the rights afforded by Section 1542 of the California Civil Code which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor.” 12 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 831 BUYER's Initials:________________ 14.Buyer’s Representations and Warranties . In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property, Buyer makes the following representations and warranties as of the date hereof and at and as of the Closing, each of which is material and is being relied upon by Seller, the truth and accuracy of which shall constitute a condition precedent to Seller’s obligations hereunder, and all of which shall survive Closing: (a) Subject only to approval by Agency’s governing body and the Oversight Board, Buyer has thelegal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby. (b) Subject to (a) above, as of the Effective Date, the individuals executing and attesting this Agreementand the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions hereof and thereof. (c) Subsequent Changes to Buyer’s Representations and Warranties. If, prior to theClosing, Selleror Buyer should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect or untrue in any respect (collectively, the “Buyer’s Representation Matter”), then the party who has learned, discovered or become aware of such Buyer’s Representation Matter shall promptly give written notice thereof to the other party and Buyer’s representations and warranties shall be automatically limited to account for the Buyer’s Representation Matter. Seller shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if Seller reasonably disapproves any such change; provided, however Buyer shall first have the opportunity to cure the Buyer’s Representation Matter. If Seller does not elect to terminate this Agreement, Buyer’s representation shall be qualified by such Buyer’s Representation Matter and Buyer shall have no obligation to Seller for such Buyer’s Representation Matter. (d) Indemnity. To the extent permitted by law, Buyer hereby agrees to defend indemnify, protect andhold harmless the Agency, City,Oversight Board, and their respective Related Parties from and against any and all (including those by third parties) claims, demands, causes of action, costs, expenses (including reasonable attorney’s fees and actual costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to the condition of Propertyat the time of its sale, including the presence of any hazardous substances that may exist on, under, or across the Property, whether or not such condition was known or unknown, latent or patent, or caused by any acts, omissions, negligence, or willful misconduct of the Agency, City, Oversight Board, and their respective Related Parties. (i)Costs of Defense and Award. Included in the obligations in Section 14(d), above, is the Buyer’s obligation to defend, at Buyer’s own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the Agency, City,Oversight Board, and their respective Related. Buyer shall pay and satisfy any judgment, award or decree that may be rendered against the Agency, City,Oversight 13 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 832 Board, and their respective Related Parties and pay any and all related legal expenses and costs incurred by each of them. (ii)Insurance Proceeds. Buyer’s obligation to indemnify shall not berestricted to insurance proceeds, if any, received by the Agency, City,or Oversight Board, and their respective Related Parties. (iii)Declarations. Buyer’s obligations under Section 14(d) shall not be limited by any prior or subsequent declaration by or to the Buyer. (iv)Enforcement Costs. Buyer agrees to pay any and all costs the Agency, City, Oversight Board, and their respective Related Partiesincurs enforcing the indemnity and defense provisions set forth in Section 14(d). (v)Survival. Buyer’s obligations under Section 14(d) shall survive the termination of this Agreement. (vi)No Alteration of Other Obligations. This Section 14(d) shall in no way alter, affect or modify any of the Buyer’s other obligations and duties under this Agreement. 15.Seller’s Covenants during Escrow Period . (a)New Liens or Encumbrances . Seller shall not further encumber or place any further liens or encumbranceson the Property from the Effective Date and during the Escrow period to the Closing Date without the express, prior written authorization of Buyer in its sole and complete discretion. Further, if the Buyer does consent to a new lien or encumbrance, then such lien or encumbrance on the Property shall not survive the Closing Date, including, but not limited to, rightof entry, covenants, conditions, restrictions, easements, liens, options to purchase, options to lease, leases, tenancies, or other possessory interests or rights of use or rights of entry relating to or affecting the Property without the prior written consent of Buyer which consent may be withheld by Buyer in its sole and complete discretion. (b)Hazardous Materials . Seller shall not cause or permit the presence, use, generation, release, discharge,storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property; provided, however, the foregoing shall not apply toexistingHazardous Materials and those that migrate onto the Property from other property or from sources other than Seller or a party acting under the direction or control of Selleror Hazardous Materials present on the Effective Date of this Agreement. Seller shall comply with all applicable Environmental Laws in Seller’s use, ownership and operation of the Property. (i)As used in this Agreement, the term “Hazardous Materials” or “Hazardous Material” shall mean any substance, material, or waste which is, or becomes, regulated by any local governmental authority, the State, or the United States Government, including, butnot limited to, any material or substance which is (i)defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii)defined as a “hazardous substance” under Section25316 of the California Health and Safety Code, 14 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 833 Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section25501 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 Section25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v)petroleum, (vi)friable asbestos, (vii)lead based paint (viii)polychlorinated biphenyls, (ix)methyl tertiary butyl ether, (x)designated as “hazardous substances” pursuant to Section311 of the Clean Water Act (33 U.S.C. §1317), (xi)defined as a “hazardous waste” pursuant to Section1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq. (42 U.S.C. §6903) or (xii)defined as “hazardous substances” pursuant to Section101 of theComprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§9601, et seq. (ii)As used in this Agreement, the term “Environmental Laws” shall mean 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. 16.Default and Remedies . (a)Seller Default . The term “Seller Default” shall mean Seller’s failure to timely perform a materialobligation of Seller under this Agreement prior to the earlierof five (5) business days following written notice from Buyer describing Seller’s failure to perform or prior to Closing. In the event of a Seller Default, Buyer, as its sole and exclusive remedies: (i) may terminate this Agreement by delivery of written notice of termination to buyer and escrow holder, and this Agreement and the rights and obligations, other than those rights and obligations that expressly survive the termination of this Agreement, of the Buyer and Seller hereunder shall terminate or (ii) specifically enforce Seller’s performance. Seller’sInitials:__________Buyer’s Initials:__________ (b)Buyer Default . The term “Buyer Default” shall mean Buyer’s failure to timely perform a materialobligation of Buyer under this Agreement prior to theearlier offive (5) business days following written notice from Seller describing Buyer’s failure to performor prior to 15 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 834 Closing. In the event of a Buyer Default, Seller, as its sole and exclusive remedy, may terminate this Agreement. Seller’s Initials:__________Buyer’s Initials:__________ 17.General Provisions . (a)Notices . All notices, demands, requests or other communications required or permitted hereunder(collectively, “Notices”) shall be in writing, shall be addressed to the receiving party, and shall be personally delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), or sent by certified mail, postage prepaid, return receipt requested, to the address listed below: If to Seller: City of Chula Vista 276 Fourth Avenue, Chula Vista CA 91910 Attention: Eric Crockett If to Buyer:HC Capital Partners 2004 University Avenue San Diego CA 92104 Attention: Alan Cassell All Notices shall be effective upon receipt at the appropriate address. Notice of change of address shall be given by written Notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no Notice in accordance with this Section was given shall be deemed to constitute receipt of such Notice. The providing of copies of Notices to the parties’ respective counsels is for information only, is not required for valid Notice and does not alone constitute Notice hereunder. (b)Brokers . Buyerand Seller each represent to the other that no brokerage commission, fee or other compensation of any kind is due or owing to any person or entity in finder’s connection with this Agreement. Each party agrees to and does hereby indemnify and hold the other free and harmless from and against any and all costs, liabilities or causes of action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this Agreement. Buyer shall pay any commissions due. (c)Waivers and Consents . Each provision of this Agreement to be performed by Buyer and Sellershall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter 16 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 835 require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shallbe cumulative and no one of them shall be exclusive of any other. (d)Construction . The parties acknowledge and agree that (a)each party is of equal bargaining (b)each party has actively participated in the drafting, preparation and negotiation strength; of this Agreement; (c)each party has consulted with such party’s own independent counsel and such other professional advisors, if at all, as each party has deemed appropriate, relating to any and all matters contemplated under this Agreement; (d)each party and such party’s counsel and advisors, if so elected by the party, have reviewed this Agreement; (e)each party has agreed to enter into this Agreement following such review and the rendering of such advice, if so elected by the party; and (f)any rule of construction to the effect that ambiguities are to be resolved against the drafting parties shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. (e)Cooperation . Buyer and Seller agree to execute such instruments and documents and to diligentlyundertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing in accordance with the provisions hereof. (f)Attorney’s Fees . In the event any declaratory or other legal or equitable action is instituted betweenSeller, Buyer and/or Escrow Holder in connection with this Agreement, then as between Buyer and Seller the prevailing party shall be entitled to recover from the losing party all of its costs and expenses including court costs and reasonable attorney’s fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment. (g)Time . Time is of the essence of every provision herein contained. In the computation of any periodof time provided for in this Agreement or by law, the day of the act or event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a Saturday, Sunday,or legal holiday, in which case the period shall be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as otherwise expressly provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period. (h)Counterparts; Facsimile Signatures . This Agreement may be executed in multiple counterparts,each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. A facsimile signature shall be deemed an original signature. (i)Captions . Any captions to, or headings of, the sections or subsections of this Agreement are for the convenience of the parties hereto, are not a part of this Agreement, and shall solely not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 17 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 836 (j)No Obligations to Third Parties . Except as otherwise expressly provided herein, the execution and deliveryof this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this Agreement to, any person or entity other than the parties hereto. (k)Amendment to this Agreement . The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. (l)Agency Designee Authority . The Agency may designate a representativeand grant such representativethe authority to sign closing documents, issue interpretations, waive provisions, and enter into amendments of or supplements to this Agreement on behalf of Agency, so long as such actions do not substantially or substantively change the terms and conditions of the purchase and sale of the Property as set forth herein and as agreed to by the Agencyin its approval of this Agreement. All other waivers or amendments shall require the consideration and written consent of Agency’s governing board. Agency Designee :_____________________________ (m)Applicable Law . This Agreement shall be governed by and construed in accordance with the laws of the State of California. (n)Exhibits and Schedules . The exhibits and schedules attached hereto are incorporated herein by this reference for all purposes. Exhibit A Legal Description Exhibit B Grant Deed Exhibit C FIRPTA Certificate (o)Entire Agreement . This Agreement supersedes any prior agreements, negotiations and communications,oral or written, and contains the entire agreement between, and the final expression of, Buyer and Seller with respect to the subject matter hereof. The parties hereto expressly agree and confirm that this Agreement (along with the Interim Operating Agreement and the Exhibits hereto) is executed without reliance on any oral or written statements, representations or promises of any kind, which are not expressly contained in this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. (p)Successors and Assigns . This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the parties hereto. (q)Assignment . Buyer may only assign its rights under this Agreement, subject to Seller’s prior written consent. 18 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 837 (r)Like-Kind Exchange. If either party desires to enter into a like kind exchange pursuant to Internal Revenue Code Section 1031, the other party agrees to reasonably cooperate with same, provided that the party desiring such exchange bears all costs related thereto. \[THE SIGNATURE PAGE FOLLOWS\] 19 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 838 SIGNATURE PAGE TO REAL PROPERTY PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS IN WITNESS WHEREOF , the parties hereto have executed this Real Property Purchase Agreement and Joint Escrow Instructions as of the day and year first written above. “SELLER” Successor Agency to the Former Redevelopment Agency of the City of Chula Vista By: \[INSERT\] “BUYER” HC Capital Partners By: \[INSERT\] APPROVED AS TO FORM: City Attorney 20 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 839 Acceptance by Escrow Holder: \[__________\], on behalf of Escrow Holder, hereby acknowledges that Escrow Holder has received a fully executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and betweenSuccessor Agency to the Former Redevelopment Agency of the City of Chula Vista, as Seller, and, Land Developers Associates, Inc., as Buyer, and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: _____________, 2016 Robert Shaw, Chicago Title Company Escrow Holder ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 840 Exhibit A “Legal Description” 2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 841 Exhibit B “Grant Deed” 3 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 842 Exhibit C “FIRPTA” (Not Applicable) 4 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 843 B B Property B Property A ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 844 REAL PROPERTY EXCHANGE AGREEMENT \[and Joint Escrow Instructions\] This REAL PROPERTY EXCHANGE AGREEMENT ("Agreement"), dated as of ________________________________, solely for identification purposes, is made and entered into by and between the City of Chula Vista, a municipal corporation (hereinafter called "City"), and HC Capital Partners, LLC (hereinafter called "HCCP"or Capital). The effective date of this Agreement shall be the date this Agreement is approved by the Chula Vista City Council (Effective Date) WHEREAS, City desires to acquire fee interest in Capitalss real property currently identified as San Diego County Assessors Parcel Nos. 568-162-08 and 09 for use as a parking lot and other public purposes; WHEREAS, HCCPdesires to acquire fee interest in a Citys real property currently identified as San Diego County Assessors Parcel No 568-161-25in exchange for their above described property ; and WHEREAS, the transaction contemplated under this Agreement is for the benefit of the public and in the furtherance of the public purposes of the City. NOW THEREFORE, in consideration of the mutual covenants hereinafter contained and for other valuable consideration, the parties hereto agree as follows: ARTICLE I RECITALS 101.Description of the Exchange Property. City is the owner of that certain real property located within the City of Chula Vista, County of San Diego, State of California currently identified as San Diego County Assessors Parcel No. 568-161-25. For the purposes ofthis Agreement said real property is herein after referred to as the "Exchange Property". of Reciprocal Property. 102.Description HCCPis the owner ofthat certainreal property located within the City of Chula Vista, County of San Diego, State of California as currently identified as San Diego County Assessors Parcel Nos. 568-162-08 and 09. For the purposes of this Agreement said real property is hereinafter referred to as the "Reciprocal Property". 103.Status and Powers of HCCP. Capitalis thelegal and lawful owner of the Reciprocal Property pursuant to the laws of the State of California and is authorized by the laws of the State of California to transfer the Reciprocal Property to the City and perform the actions and duties of HCCPas more particularly described herein. and Powers of City. 104.Status City is a municipal corporation organized and existing pursuant to the Constitution and statutes of the State of California and is the legal and lawful owner of the Exchange Property. Subjectto the approval of its City Council, City is authorized to enter into this Agreement, transfer the Exchange Property to HCCPand perform the actions and duties of the City as more particularly described herein. CapitalProperty Exchange 1 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 845 105.Purpose of Agreement. HCCPdesires totrade the Reciprocal Property for the Exchange Property, and City desires to trade the Exchange Property for the Reciprocal Property, on the terms and conditions in this Agreement. Benefit. 106.Public This Agreement is for the benefit of the public andis in furtherance of the public purposes of City. The City desires to acquire the Reciprocal Property for public parking and other public purposes. City is authorized to acquire property for public purposes, including, without limitation, for the purposes stated herein. ARTICLE II DEFINITIONS AND GENERAL PROVISIONS 201.Agreement. For good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as set forth herein. 202.Definitions in General. The terms defined in Exhibit "E" attached hereto and by this reference incorporated herein, as used and capitalized herein, shall, for all purposes of this Agreement, have the meanings ascribed to them in said Exhibit "E", unless the context clearly Real requires some othermeaning. In addition, the term "Agreement" as used herein means this Property Exchange Agreement . 203.Rules of Construction. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context otherwise indicates, words importing the singular number shall include the plural number and vice versa, and words importing persons shall include corporations and associations, including public bodies, as well as natural persons. The terms "hereby", "hereof", "hereto", "herein", "hereunder" and any similar terms, as used in this Agreement, refer to this Agreement. ARTICLE III EXCHANGE OF PROPERTY 301.Exchange of Property. HCCPagrees to trade the Reciprocal Property and City agrees to trade the Exchange Property on the terms and conditions in this Agreement. 302.Purchase Price. HCCPand City are conveying their respective property to each other and acquiring each others respective property, and to this regard there is no sellout of either the Exchange Property or the Reciprocal Property. of Property. 303.Condition The parties hereto agree that the Propertiesshall each be conveyed in fee to each other partyclear of all encumbrances except easements, assessments and Districts of record. The Propertiesare exchangedAs-Is with no other warranties, expressed or implied. Each party hereby acknowledges and agrees they havedone an independent investigation of the each property to the extent that they deemed necessary and are acquiring the each Property As-Is. ARTICLE IV CONDITIONS PRECEDENT CapitalProperty Exchange 2 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 846 401.Conditions Precedent to Closing. HCCP's obligation to trade the Reciprocal Property to City and City's obligation to trade the Exchange Property to HCCPare subject to Approval of this exchange by the City Council of the City of Chula Vista. 402.Title. Unless otherwise specified in this Agreement, HCCPshall convey fee title to the Reciprocal Property to City by Grant Deed free and clear of all liens and encumbrances, except easements and assessments of record. Likewise, City shall convey fee title in the Exchange Property to HCCPby Grant Deed free and clear of all liens and encumbrances, except easements and assessments of record. 403.HCCP's Obligations. HCCPis obligatedto the performance of every material covenant, agreement, and promise to be performed by HCCPpursuant to this Agreement and the related documents executed or to be executed by HCCP. Representations. 404.HCCP's HCCPrepresents the truth and accuracy ofall its representations and warranties as set forth in this Agreement or in documents provided by HCCP under this Agreement. 405.City's Obligations. City is obligated to the performance of every material covenant, agreement, and promise to be performedby City pursuant to this Agreement and the related documents executed or to be executed by City. 's Representations. 406.City City represents the truth and accuracy of all its representations and warranties as set forth in this Agreement or in documents provided by City under this Agreement. ARTICLE V CITY AND HCCP'S REPRESENTATIONS AND WARRANTIES 501.Time. The representations and warranties by City and HCCPin this Article are made as of the date of this Agreement. 502.Title. (a)HCCPis the legal and equitable owner of the Reciprocal Property, with full right to convey. HCCPhas not previously conveyed title to the Reciprocal Property to any other person. HCCPhas not granted any options or rights of first refusal or rights of first offer to third parties to purchase or otherwise acquire an interest in the Reciprocal Property. To the knowledge of HCCP there are no leases, license agreements or other encumbrances affecting the Reciprocal Property. HCCPhas obtained (or will obtain as of Close of Escrow) all required consents, permissions or releases to convey good and marketable title to City. (b)City is the legal and equitable owner of the Exchange Property, with full right to convey. City has not previously conveyed title to the Exchange Property to any other person. City has not granted any options or rights of first refusal or rights of first offer to third parties to purchase or otherwise acquire an interest in the Exchange Property. 503.Hazardous substances. CapitalProperty Exchange 3 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 847 (a)To HCCPs actual knowledge the Reciprocal Property is free from Hazardous Substances and is not in violation of any Environmental Laws. HCCPhas received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Reciprocal Property is or has been in violation of any Environmental Law, or informing HCCPthat the Reciprocal Property is subject to investigation or inquiry regarding Hazardous Substances on the Reciprocal Property or the potential violation of any Environmental Law. (b)To Citys actual knowledge the Exchange Property is free from Hazardous Substances and is not in violation of any Environmental Laws. City has received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Exchange Property are or have been in violation of any Environmental Law, or informing City that the Exchange Property is subject to investigation or inquiry regarding Hazardous Substances on the Exchange Property or the potential violation of any Environmental Law. . 504.Violation of Law (a)To HCCP's actual knowledge, no condition on the Reciprocal Property violates any health, safety, fire, environmental, building, zoning or other federal, state, or local law, code, ordinance, or regulation. (b)To City's actual knowledge, no condition on the Exchange Property violates any health, safety, fire, environmental, building, zoning or other federal, state, or local law, code, ordinance, or regulation. 505.Litigation. (a)To HCCPs actual knowledge there is no pending or threatened litigation, administrative proceeding, or other legal or governmental action with respect to the Reciprocal Property or which may adversely affect HCCP's ability to fulfill the obligations of this Agreement. (b)To Citys actual knowledge there is no pending or threatened litigation, administrative proceeding, or other legal or governmental action with respect to the Exchange Property or which may adversely affect City's ability to fulfill the obligations of this Agreement. 506.Bankruptcy. No filing or petition under the United States Bankruptcy Law or any insolvency laws, or any laws for composition of indebtedness or for the reorganization of debtors has been filed with regard to HCCP. 507.No defaults. (a)To HCCPs actual knowledge, HCCPis not in default of HCCP's obligations or liabilities pertaining to the Reciprocal Property. To HCCPs actual knowledge, there are no facts, circumstances, conditions or events, which after notice or lapse of time would constitute default. HCCPhas not received any notice of any default and has no reason to believe that there is likely to be any breach or default of any of HCCP's obligations or liabilities pertaining to the Reciprocal Property. CapitalProperty Exchange 4 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 848 (b)To Citys actual knowledge, City is not in default of City's obligations or liabilities pertaining to the Exchange Property. To Citys actual knowledge, there are no facts, circumstances, conditions or events, which after notice or lapse of time would constitute default. City has not received any notice of any default and has no reason to believe that there is likely to be any breach or default of any of City's obligations or liabilities pertaining to the Exchange Property. 508.Special Studies Zone. Neither the Exchange Property nor the Reciprocal Property are within a special studies zone under the Alquist-Priolo Geologic Hazard Act \[Pub. Res. Code §§ 2621.9 et seq.\] (which generally requires sellers to inform purchasers if property is within a special studies zone, which zones are generally near potentially or recently active earthquake faults). Investment Real Property Tax Act. 509.Foreign HCCPis not a "foreign person" within the meaning of 42 USC § 1445(f)(3). HCCPunderstands and agrees that the certification made in this Section 509 may be disclosed to the Internal Revenue Service by City and that any false statement contained herein could be punished by fine, imprisonment or both. This certification is made under penalty of perjury under the laws of the State of California. 510.Disclosure. (a)Any information that HCCPhas delivered to City either directly or through HCCP's agents or employees, is complete and accurate to the best of HCCPs actual knowledge. HCCPhas disclosed to City all material facts with respect to the Reciprocal Property to which HCCPhas access. (b)Any information that City has delivered to HCCPeither directly or through City's agents or employees, is complete and accurate to the best of Citys actual knowledge. City has disclosed to HCCPall material facts with respect to the Exchange Property to which City has access. ARTICLE VI COVENANTS 601.Power to Enter Into Agreements. (a)HCCPis duly authorized to enter into this Agreement. The provisions of this Agreement are and will be the valid and legally enforceable obligations of HCCPin accordance with their terms and the terms of this Agreement. (b)City is duly authorized to enter into this Agreement. The provisions of this Agreement are and will be the valid and legally enforceable obligations of City in accordance with their terms and the terms of this Agreement. 602.No Violation of Other Agreements. (a)HCCPhereby represents that neither the execution and delivery of this Agreement, nor the fulfillment of and compliance with the terms and conditions hereof, nor the consummation of the transactions contemplated hereby, conflicts with or results in a breach of terms or violation of any other agreement to which HCCPis a party or by which HCCPis bound, or constitutes a default under any of the foregoing. CapitalProperty Exchange 5 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 849 (b)City hereby represents that neither the execution and delivery of this Agreement, nor the fulfillment of and compliance with the terms and conditions hereof, nor the consummation of the transactions contemplated hereby, conflicts with or results in a breach of terms or violation of any other agreement to which City is a party or by which City is bound, or constitutes a default under any of the foregoing. 603.Payment of Obligations. HCCPand City, as applicable, shall discharge all obligations and liabilities under the Reciprocal Property Documents or the Exchange Property Documents before the Close of Escrow, as required by the Agreement. 604.Brokers. HCCPand City mutually covenant that no brokerage or real estate agent fees or commissions shall be due and payable on account of this transaction, and each party shall hold the other harmless from any claims for such fees or commissions claimed by a broker or real estate agent claiming through the party. 605.Litigation. (a)HCCPshall immediately notify City of any lawsuits, condemnation proceedings, rezoning, or other governmental order or action, or any threat thereof, of which HCCPhas actual knowledge which might affect the Reciprocal Property, or any interest of City with respect to the Reciprocal Property. (b)City shall immediately notify HCCPof any lawsuits, condemnation proceedings, rezoning, or other governmental order or action, or any threat thereof, of which City has actual knowledge, which might affect the Exchange Property, or any interest of HCCPwith respect to the Exchange Property. 606.Indemnification. (a)HCCPshall indemnify, defend and hold City harmless from all liability, loss, or claim for damages, and any costs and reasonable attorney's fees associated therewith, arising from breach of HCCP's covenants under this Agreement, or from HCCP's false representations under this Agreement, except for any liability, loss, or claims for damages to the extent resulting from the sole and active negligence or willful misconduct of City or City's officers or employees. (b)City shall indemnify, defend and hold HCCPharmless from all liability, loss, or claim for damages,and any costs and reasonable attorney's fees associated therewith, arising from breach of Citys covenants under this Agreement, or from City's false representations under this Agreement, except for any liability, loss, or claims for damages to the extentresulting from the sole negligence or willful misconduct of HCCPor HCCPs officers or employees. 607.Binding Effect. Without waiver of Section 803, this Agreement shall inure to the benefit of and shall be binding upon HCCP, City, and their respective successors and assigns. 608.Severability. If any one or more of the covenants, stipulations, promises, agreements or obligations provided in this Agreement on the part of HCCPor City to be performed should be determined by a court of competent jurisdiction to be contrary to law, then such covenant, stipulation, promise, agreement or obligation shall be deemed and construed to be severable from the remaining covenants, stipulations, promises, agreements and obligations herein contained and shall in noway affect the validity of the other provisions of this Agreement. CapitalProperty Exchange 6 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 850 609.Headings. Any headings preceding the text of the several Articles and Sections hereof, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience or reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. pplicable Law. 610.A This Agreement shall be governed by and construed in accordance with the laws of the State of California. 611.HCCPand City Representatives. Whenever under the provisions of this Agreement the approval of HCCPor City is required, or HCCPor City are required to take some action at the request of the other, such approval of such request may be given for HCCPby an Authorized Officer/Representative of HCCPand for City by an Authorized Officer of City, and any party hereto shall be authorized to rely upon any such approval or request. mendment. 812.A This Agreement may be amended, modified, or changed only in writing as mutually agreed to and duly executed by the parties hereto. 813.Counterpart. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. of the Essence. 814.Time Time is of the essence in this Agreement and every provision contained in this Agreement. 815.Integration. This Agreement, and all attachments and exhibits hereto constitute the entire agreement of the parties. There are no oral or written agreements which are not expressly set forth in the Agreement or the related documents being executed in connection with this Agreement. 816.Waivers. No waiver or breach of any provision shall be deemed a waiver of any other provision, and no waiver shall be valid unless it is in writing and executed by the waiving party. No extension of time for performance of any obligation or act shall be deemed an extension of time for any other obligation or act. 817.Attorney Fees, Litigation Costs and Related Matters. If any legal action or other proceeding, including arbitration or an action for declaratory relief, is brought to enforce this Agreement or because of a dispute, breach, default, or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and other costs in addition to any other relief. Venue for enforcement of this Agreement shall be in the Superior Court of San Diego County. The parties agree that before either party commences any legal or equitable action, action for declaratory relief, suit, proceeding, or arbitration that the parties shall first submit the dispute to mediation through a mutually acceptable professional mediator in San Diego County, or if a mediator cannot be agreed upon, by a mediator appointed by the JAMS in San Diego County. The cost of mediation shall be shared equally by the parties. 818.Exhibits. All exhibits referred to in this agreement and attached hereto are madea part hereof and are incorporated herein by this reference. 819.Execution of Agreement. This Agreement is executed in two (2) duplicate copies, each of which is deemed to be an original. CapitalProperty Exchange 7 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 851 820.Advice of Legal Counsel. The parties have had the opportunity to seek the advice of independent legal counsel prior to executing this Agreement. The parties acknowledge that no party, agent or attorney of any party has made a promise, representation or warranty whatsoever, express or implied, not contained herein concerning the subject matter of this Agreement to induce the other party to execute this Agreement. Each party acknowledges that it has not executed this Agreement in reliance upon any promise, representation or warranty not contained herein. 821Signatories. Each individual signing below represents and warrants that he/she has the authority to execute this Agreement on behalf of and bind the party he/she purports to represent. IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed in their respective names by their duly authorized officers as of, but not necessarily on, the Effective Date of this Agreement. CITYHCCapital Partners City of Chula Vista, a municipal corporation By: By: Gary Halbert, City Manager Date: APPROVED AS TO FORM: City ATTORNEY'S OFFICE By: By: Glen R. Googins, City Attorney Date: ALL SIGNATURE(S) MUST BE NOTARIZED NOTARY USE CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CapitalProperty Exchange 8 ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 852 EXHIBIT "A" Description of the Exc hange Property CapitalProperty Exchange 1 06/01/2009 Loma Alta Creek West of Coast Highway ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 853 EXHIBIT "B" Sketch Showing the Exchange Property CapitalProperty Exchange06/01/2009 Loma Alta Creek West of Coast Highway ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 854 EXHIBIT "C" CapitalProperty Exchange06/01/2009 1 Loma Alta Creek West of Coast Highway ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 855 EXHIBIT "D" Sketch Showing the Reciprocal Property CapitalProperty Exchange06/01/2009 Loma Alta Creek West of Coast Highway ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 856 EXHIBIT "E" DEFINITIONS City. The term "City" means the City of Chula Vista, California. HCCP. The term "HCCP" means and HC Capital Partners, LLC, a California coporation. Authorized Officer. The term "Authorized Officer", when used with respect to City, means theCity Manager of City, for the purposes of this Agreement the City Manager delegates authority to the Real Property Manager of City or any employee designated by the Real Property Manager. The term "Authorized Officer", when used with respect to HCCP, means Alan Cassellor any other person or entity that is designated by Alan Cassellas an Authorized Officer. Environmental Laws. The term Environmental Laws means all federal, state, local, or municipallaws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, or pertaining to occupational health or industrial hygiene, to the extent that such relate to matters on, under, or about the Property, occupational or environmental conditions on, under, or about the Property, as now in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) \[42 USC § 9601 et seq.\]; the Resource Conservation and Recovery Act of 1976 (RCRA) \[42 USC § 6901 et seq.\]; the Clean Water Act, also known as the Federal Water Pollution control Act (FWPCA) \[33 USC § 1251 et seq.\]; the Hazardous Materials Transportation Act (HMTA) \[49 USC § 1801 et seq.\]; the Insecticide, Fungicide, Rodenticide Act \[7 USC § 136 et seq.\]; the Superfund Amendments and Reauthorization Act \[42 USC § 6901 et seq.\]; the Clean Air Act \[42 USC § 7401 et seq.\]; the Safe Drinking Water Act \[42 USC § 300f et seq.\]; the Surface Mining Control and Reclamation Act \[30 USC § 1201 et seq.\]; the Emergency Planningand Community Right to Know Act \[42 USC § 11001 et seq.\]; the Occupational Safety and Health Act \[29 USC § 655 and 657\]; the California Underground Storage of Hazardous Substances Act \[Health and Safety Code § 25280 et seq.\]; the California Hazardous Substances Account Act \[Health and Safety Code § 25300 et seq.\]; the California Safe Drinking Water and Toxic Enforcement Act \[Health and Safety Code § 24249.5 et seq.\]; the Porter-Cologne Water Qualify Act \[Water Code § 13000 et seq.\] together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect that pertains to the protection of the environment as such apply to matters on, under, or about the Property. Hazardous Substances. The term "Hazardous Substances" includes without limitation: (a)Those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste." or "pollutant or contaminant" in any Environmental Law; (b) Those substances listed in the United States Department of Transportation Table \[49 CFR 172.101\], or by the Environmental Protection Agency, or any successor agency, as hazardous substances \[40 CFR Part 302\]; (c) Other substances, materials, and wastes that are regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and CapitalProperty Exchange 1 06/01/2009 Loma Alta Creek West of Coast Highway ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 857 EXHIBIT “E” (Cont.) (d) Any material, waste, or substance that is a petroleum or refined petroleum product, asbestos, polychlorinated biphenyl, designated as a hazardous substance pursuant to 33 USC § 1321 or listed pursuant to 33 USC § 1317, a hazardous substance or toxic material designated pursuant to any State Statute, a flammable explosive or a radioactive material. Property. The term "Exchange Property" means that certain real property within the City of ChulaVista, California (sometimes referred to herein as the "Land"), together with the improvements located thereon (sometimes referred to herein as the "Improvements") all as more fully described in Exhibit "A" attached hereto. The term "Reciprocal Property" means that certain real property within the City of Chula Vista, California (sometimes referred to herein as the "Land"), together with the improvements located thereon (sometimes referred to herein as the "Improvements") all as more fully described in Exhibit "C" attached hereto. State. The term "State" means the State of California. CapitalProperty Exchange 2 06/01/2009 Loma Alta Creek West of Coast Highway ΑΏΐΕȃΏΒȃΐΔ !¦¤£ Packet0 ¦¤ 858