HomeMy WebLinkAbout2016-11-08 Agenda Packet !" #&.0 '+,-./(B#8-12-3"C "4<;6
4S FIJHKLK>9;B<,<"E!>A!D8E!"BDO!>A!"8C@,!?B&D,!, E<;B<7!
FIJHKLK
"8C@,!?B&D,! C<B"B),@!">;E!&E"DB><!G:HK:HFH!
9E@,DB<7!D>!D8E!E&D,3@B&8 E<D!>A!C<"@,&&BABE;!
)>&BDB><&!D>!,;;!A,!&E<B>9!)9>79, !,&&B&D,<D!
P&E"><;!9E,;B<7!,<;!,;>)DB><Q!PRSK!?>DE!
9ETCB9E;Q
)(%$+1!;1N *01/*
;#< 5 &#' *
D51! +*$6$* !$#!/(*! !U) (V1+*W! #!X1Y$/1X!./X1 !&1+*$(/!FKLZ\[!(Y!*51!
='>)5%'&#' 2 ?% )$#*
" %$Y( /$ !E/6$ (/01/* %!T. %$* !,+*!&* *1!7.$X1%$/1#\\!*51 1Y( 1'!
N. #. /*!*(!&* *1!7.$X1%$/1#!&1+*$(/!FKHIHP+QPLQ!/(!1/6$ (/01/* %!
16$1\]!$#! 1^.$ 1X:
"(./+$%! X(N*!*51!( X$/ /+1:
!! "#$%&&#'( )%'*
>9;B<,<"E!>A!D8E!"BDO!>A!"8C@,!?B&D,!, E<;B<7!
TS FIJHKLI
FIJHKLI
"8C@,!?B&D,! C<B"B),@!">;E!"8,)DE9&!G:GK'!
U7E<E9,@!9C@E&!A>9!3>,9;&!,<;!"> B&&B><&'W!
,<;!G:LG'!U9E&>C9"E!"><&E9?,DB><!"> B&&B><'W!
"8,<7B<7!D8E!"> B&&B><!<, E!D>!D8E!
U&C&D,B<,3B@BDO!"> B&&B><W!P&E"><;!9E,;B<7!
,<;!,;>)DB><Q
E+(/(0$+!;161%(N01/*!;1N *01/*
;#< 5 &#' *
D51! +*$6$* !$#!/(*! !U) (V1+*W! #!X1Y$/1X!./X1 !&1+*$(/!FKLZ\[!(Y!*51!
='>)5%'&#' 2 ?% )$#*
" %$Y( /$ !E/6$ (/01/* %!T. %$* !,+*!&* *1!7.$X1%$/1#\\!*51 1Y( 1'!
N. #. /*!*(!&* *1!7.$X1%$/1#!&1+*$(/!FKHIHP+QPLQ!/(!1/6$ (/01/* %!
16$1\]!$#! 1^.$ 1X:
"(./+$%! X(N*!*51!( X$/ /+1:
!! "#$%&&#'( )%'*
7S FIJHRMR9E&>@CDB><!>A!D8E!"BDO!">C<"B@!>A!D8E!"BDO!>A!
FIJHRMR
"8C@,!?B&D,!,;>)DB<7!D8E!_,DE9!&DE_,9;&8B)!
)@,<!,&!,!)>@B"O!A9, E_>9`!;>"C E<D!D>!
,&&B&D!B<!_,DE9!"><&E9?,DB><'!9EC&E!,<;!
"@B ,DE!,"DB><!)@,<!B )@E E<D,DB><
E+(/(0$+!;161%(N01/*!;1N *01/*
;#< 5 &#' *
D51!) (V1+*!^. %$Y$1#!Y( ! !"% ##!\[!" *1-( $+ %!Ea10N*$(/!N. #. /*!*(!
='>)5%'&#' 2 ?% )$#*
&1+*$(/!FKLH\[!P,+*$(/#!2 !91-.% *( !,-1/+$1#!Y( !) (*1+*$(/!(Y!*51!
E/6$ (/01/*Q!(Y!*51!" %$Y( /$ !E/6$ (/01/* %!T. %$* !,+*!&* *1!
7.$X1%$/1#:!D5.#'!/(!Y. *51 !1/6$ (/01/* %! 16$1\]!$#! 1^.$ 1X:!
"(./+$%! X(N*!*51! 1#(%.*$(/
!! "#$%&&#'( )%'*
.) / %! .012 3)4 + ,# 8 +5)' #( %' --67689-:
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
!" #&.0 '+,-./(B#8-12-3"C "4<;6
=S FKJHRH\[9E&>@CDB><!>A!D8E!"BDO!">C<"B@!>A!D8E!"BDO!>A!
FKJHRH\[
"8C@,!?B&D,!,))9>?B<7!,!9EB 3C9&E E<D!
,79EE E<D!A>9!D8E!"><&D9C"DB><!>A!
><DE"BD>!<EB783>98>>;!),9`!_BD8B<!>D,O!
9,<"8'!?B@@,7E!G!,<;!,))9>)9B,DB<7!AC<;&!
D8E9EA>9!PRSK!?>DE!9ETCB9E;Q
;161%(N01/*!&1 6$+1#!;1N *01/*
;#< 5 &#' *
D51!N (N(#1X!N (V1+*!+(0N%$1#!\]$*5!*51!" %$Y( /$ !E/6$ (/01/* %!
='>)5%'&#' 2 ?% )$#*
T. %$* !,+*!P"ET,Q! /X!5 #!X1*1 0$/1X!*5 *!*51!N (N(#1X!N (V1+*!
\] #! X1^. *1% !+(61 1X!$/!*51!N 16$(.#% ! X(N*1X!A$/ %!&1+(/X!D$1 !
E/6$ (/01/* %!B0N +*!91N( *'!<(:!HGJHG! /X!A$/ %!&.NN%101/* %!
E/6$ (/01/* %!B0N +*!91N( *!<(:!FGJHF:!!D5.#'!/(!Y. *51 !
1/6$ (/01/* %! 16$1\]!( !X(+.01/* *$(/!$#! 1^.$ 1X:!
"(./+$%! X(N*!*51! 1#(%.*$(/:
!! "#$%&&#'( )%'*
9E&>@CDB><!>A!D8E!"BDO!">C<"B@!>A!D8E!"BDO!>A!
6S FIJHRGH
FIJHRGH
"8C@,!?B&D,!,))9>?B<7!,<!,79EE E<D!3ED_EE<!
D8E!"BDO!>A!"8C@,!?B&D,!,<;!D:O:!@B<!
B<DE9<,DB><,@!D>!)9>?B;E!)9>AE&&B><,@!
"><&D9C"DB><! ,<,7E E<D!"><&C@DB<7!
&E9?B"E&!A>9!D8E!_B@@>_!&D9EED!39B;7E!
9E)@,"E E<D!)9>4E"D!B<!D8E!, >C<D!>A!
bG'FKZ'GRG
).2%$+!_( =#!;1N *01/*
;#< 5 &#' *
D51!) (V1+*!\] #! X1^. *1% !+(61 1X!$/!N 16$(.#% ! X(N*1X!A$/ %!
='>)5%'&#' 2 ?% )$#*
$*$- *1X!<1- *$61!;1+% *$(/!Y( !*51!_$%%(\]!&* 11*!3 $X-1!
91N% +101/*!) (V1+*! /X!N 16$(.#% !+1 *$Y$1X!" *1-( $+ %!Ea+%.#$(/!
N. #. /*!*(!"(X1!(Y!A1X1 %!91-.% *$(/#!P"A9Q!D$*%1!GL'!&1+*$(/!
ZZF:!D5.#'!/(!Y. *51 !" %$Y( /$ !E/6$ (/01/* %!T. %$* !,+*!P"ET,Q!
/X!< *$(/ %!E/6$ (/01/* %!)(%$+ !,+*!P<E),Q!1/6$ (/01/* %! 16$1\]!
( !X1*1 0$/ *$(/!$#! 1^.$ 1X:
"(./+$%! X(N*!*51! 1#(%.*$(/:
!! "#$%&&#'( )%'*
.) / %! .012 3)4 + ,# 7 +5)' #( %' --67689-:
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
!" #&.0 '+,-./(B#8-12-3"C "4<;6
5S FIJHRGF9E&>@CDB><!>A!D8E!"BDO!">C<"B@!>A!D8E!"BDO!>A!
FIJHRGF
"8C@,!?B&D,!,))9>?B<7!,!D8B9;!, E<; E<D!D>!
D8E!EcB&DB<7!,79E EE<D!3ED_EE<!D8E!"BDO!>A!
"8C@,!?B&D,!d!`@EB<AE@;E9'!B<":!PA>9 E9@O!
`<>_<!,&!&B ><!_><7!E<7B<EE9B<7'!B<":Q!A>9!
D8E!_B@@>_!&D9EED!39B;7E!9E)@,"E E<D!
)9>4E"D
).2%$+!_( =#!;1N *01/*
;#< 5 &#' *
D51!) (V1+*!\] #! X1^. *1% !+(61 1X!$/!N 16$(.#% ! X(N*1X!A$/ %!
='>)5%'&#' 2 ?% )$#*
$*$- *1X!<1- *$61!;1+% *$(/!Y( !*51!_$%%(\]!&* 11*!3 $X-1!
91N% +101/*!) (V1+*! /X!N 16$(.#% !+1 *$Y$1X!" *1-( $+ %!Ea+%.#$(/!
N. #. /*!*(!"(X1!(Y!A1X1 %!91-.% *$(/#!P"A9Q!D$*%1!GL'!&1+*$(/!
ZZF:!D5.#'!/(!Y. *51 !" %$Y( /$ !E/6$ (/01/* %!T. %$* !,+*!P"ET,Q!
/X!< *$(/ %!E/6$ (/01/* %!)(%$+ !,+*!P<E),Q!1/6$ (/01/* %! 16$1\]!
( !X1*1 0$/ *$(/!$#! 1^.$ 1X:
"(./+$%! X(N*!*51! 1#(%.*$(/:
!! "#$%&&#'( )%'*
CS FIJHKFG9E&>@CDB><!>A!D8E!"BDO!">C<"B@!>A!D8E!"BDO!>A!
FIJHKFG
"8C@,!?B&D,!, E<;B<7!D8E!AB&",@!OE,9!GHFISGHFZ!
"B)!)9>79, !3C;7ED'!E&D,3@B&8B<7!,!<E_!"B)!
)9>4E"D!77GG\['!U),9`_,O!"> C<BDO!"E<DE9!
,<;! E >9B,@!),9`!B )9>?E E<D&W'!,<;!
,))9>)9B,DB<7!bZZK'MGK!>A!8>C&B<7J9E@,DE;!
),9`&!)9>79, !79,<D!AC<;&!D>!"B)!77GG\[!PRSK!
?>DE!9ETCB9E;Q
).2%$+!_( =#!;1N *01/*
;#< 5 &#' *
D51!) (V1+*!^. %$Y$1#!Y( ! !"% ##!F!" *1-( $+ %!Ea10N*$(/!N. #. /*!*(!
='>)5%'&#' 2 ?% )$#*
&1+*$(/!FKLHF!PEa$#*$/-!A +$%$*$1#Q!(Y!*51!" %$Y( /$ !E/6$ (/01/* %!
T. %$* !,+*!&* *1!7.$X1%$/1#:
"(./+$%! X(N*!*51! 1#(%.*$(/:
!! "#$%&&#'( )%'*
IAE@O"DE@J)EN"KDJ@"ALE" JBOEBA" +HEBN+D
?G9HI " J@@EBAO
C%'( ()(8%,=" +)0 '" +)C &#"!) $$% 6()$,1),00'%(()64%) !"#) ), 1)( &D%!6)$,66%')
5"64" )64%) !"#E()D '"(0"!6" )64,6)"() 6)#"(6%0),(), )"6%$) )64%),+% 0,;))26,6%)#,5)
+% %',##1)8' 4"&"6()64%) !"#)7' $)0"(! ((" +) ')6,=" +),!6" ) ), 1)"(( %) 6)" !# 0%0)
)64%),+% 0,-)& 6-)"7),88' 8'",6%-)64%) !"#)$,1)(!4%0 #%)64%)6 8"!)7 ')7 6 '%)0"(! ((" )
')'%7%')64%)$,66%')6 )(6,77;)) $$% 6(),'%)#"$"6%0)6 )64'%%)$" 6%(;
?G9HI "LE+DIBFO
34%)7 ## 5" +)"6%$A(B)4,:%)&%% ),0:%'6"(%0),()8 &#"!)4%,'" +A(B),()'%9 "'%0)&1)#,5;))<7)1 )
5"(4)6 )(8%,=) ), 1)"6%$-)8#%,(%)7"##) 6),)>?%9 %(6)6 )28%,=@)7 '$)A,:,"#,&#%)" )64%)# &&1B;
.) / %! .012 3)4 + ,# @ +5)' #( %' --67689-:
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
!" #&.0 '+,-./(B#8-12-3"C "4<;6
:S FIJHG\[F"><&B;E9,DB><!>A!D8E!A>9 ,DB><!,<;!
FIJHG\[F
E&D,3@B&8 E<D!>A!"> C<BDO!A,"B@BDBE&!;B&D9B"D!
<>:!F\[ !P>D,O!9,<"8!?B@@,7E!LQ!PU"A;!<>:!F\[ WQ'!
"><;C"DB<7!,!&)E"B,@!E@E"DB><!D8E9EB<'!
,CD8>9Be,DB><!D>!@E?O!,!&)E"B,@!D,c!D8E9EB<'!
,<;!"><&B;E9,DB><!>A!,CD8>9BeB<7!D8E!
,<<Ec,DB><!>A!DE99BD>9O!B<!D8E!ACDC9E!D>!"A;!
<>:!F\[ !
,:9E&>@CDB><!>A!D8E!"BDO!">C<"B@!>A!D8E!"BDO!
>A!"8C@,!?B&D,!,"DB<7!B<!BD&!",),"BDO!,&!D8E!
@E7B&@,DB?E!3>;O!>A!"A;!<>:!F\[ !A>9 B<7!,<;!
E&D,3@B&8B<7!"A;!<>:!F\[ '!,<;!,CD8>9BeB<7!
&C3 BDD,@!>A!@E?O!>A!&)E"B,@!D,cE&!>A!"A;!<>:!
F\[ !D>!D8E!TC,@BABE;!E@E"D>9&
3:9E&>@CDB><!>A!D8E!"BDO!">C<"B@!>A!D8E!"BDO!
>A!"8C@,!?B&D,!,"DB<7!B<!BD&!",),"BDO!,&!D8E!
@E7B&@,DB?E!3>;O!>A!"A;!<>:!F\[ !;E"@,9B<7!D8E!
9E&C@D&!>A!,!&)E"B,@!E@E"DB><!B<!"A;!<>:!F\[ !
":>9;B<,<"E!>A!D8E!"BDO!>A!"8C@,!?B&D,!,"DB<7!
B<!BD&!",),"BDO!,&!D8E!@E7B&@,DB?E!3>;O!>A!"A;!
<>:!F\[ '!,CD8>9BeB<7!D8E!@E?O!>A!,!&)E"B,@!D,c!B<!
"A;!<>:!F\[ !PAB9&D!9E,;B<7Q
;:9E&>@CDB><!>A!D8E!"BDO!">C<"B@!>A!D8E!"BDO!
>A!"8C@,!?B&D,!,"DB<7!B<!BD&!",),"BDO!,&!D8E!
@E7B&@,DB?E!3>;O!>A!"A;!<>:!F\[ '!,CD8>9BeB<7!
D8E!,<<Ec,DB><!>A!DE99BD>9O!B<!D8E!ACDC9E!D>!
"A;!<>:!F\[
;161%(N01/*!&1 6$+1#!;1N *01/*
;#< 5 &#' *
D51!) (V1+*!\] #! X1^. *1% !+(61 1X!$/!N 16$(.#% ! X(N*1XS+1 *$Y$1X!
='>)5%'&#' 2 ?% )$#*
A$/ %!E/6$ (/01/* %!B0N +*!91N( *!PEB9!FLJHFQ!Y( !*51!>* !9 /+5!
C/$61 #$* !?$%% -1#!) (V1+*!"(0N 151/#$61!&1+*$(/ %!)% //$/-!, 1 !
P&),Q!)% /!,01/X01/*:!D5.#'!/(!Y. *51 !1/6$ (/01/* %! 16$1\]!( !
X(+.01/* *$(/!\]$%%!21!+(/X.+*1X!( !+(/#$X1 1X!$/!+(//1+*$(/!\]$*5!
*5$#! +*$(/:!!!
"(./+$%!+(/X.+*!*51!N.2%$+!51 $/-'! X(N*!*51! 1#(%.*$(/#'! /X!N% +1!
!! "#$%&&#'( )%'*
*51!( X$/ /+1!(/!Y$ #*! 1 X$/-:
.) / %! .012 3)4 + ,# A +5)' #( %' --67689-:
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
!" #&.0 '+,-./(B#8-12-3"C "4<;6
+ AIJB"IAE@O
34%)<6%$A(B)#"(6%0)" )64"()(%!6" ) 7)64%),+% 0,)5"##)&%)! ("0%'%0)" 0":"0 ,##1)&1)64%)
!"#), 0),'%)%F8%!6%0)6 )%#"!"6)0"(! ((" ), 0)0%#"&%',6" ;))<7)1 )5"(4)6 )(8%,=) ), 1)
"6%$-)8#%,(%)7"##) 6),)>?%9 %(6)6 )28%,=@)7 '$)A,:,"#,&#%)" )64%)# &&1B), 0)( &$"6)"6)6 )64%)
"61) #%'=)8'" ')6 )64%)$%%6" +;
;<S FIJHRKI"><&B;E9,DB><!>A!,!9E)>9D!9E7,9;B<7!D8E!
FIJHRKI
"BDOf&!>)E9,DB><&!&C&D,B<,3B@BDO!)@,<!
B )@E E<D,DB><!EAA>9D&
9E)>9D!D>!D8E!"BDO!">C<"B@!>A!D8E!"BDO!>A!
"8C@,!?B&D,!C);,DB<7!D8E!"BDO!>)E9,DB><&!
&C&D,B<,3B@BDO!)@,<!B )@E E<D,DB><!EAA>9D&
E+(/(0$+!;161%(N01/*!;1N *01/*
;#< 5 &#' *
D51! +*$6$* !$#!/(*! !U) (V1+*W! #!X1Y$/1X!./X1 !&1+*$(/!FKLZ\[!(Y!*51!
='>)5%'&#' 2 ?% )$#*
" %$Y( /$ !E/6$ (/01/* %!T. %$* !,+*!&* *1!7.$X1%$/1#\\!*51 1Y( 1'!
N. #. /*!*(!&* *1!7.$X1%$/1#!&1+*$(/!FKHIHP+QPLQ!/(!1/6$ (/01/* %!
16$1\]!$#! 1^.$ 1X:
"(./+$%! ++1N*!*51! 1N( *:
!! "#$%&&#'( )%'*
IAM"@+B+FEDUO"DE?JDAO
@+MJDUO"DE?JDAO
;;S FIJHKL\[9,DBAB",DB><!>A!,))>B<D E<D!>A!_B@@B, !&E,9&!
FIJHKL\[
D>!D8E!?EDE9,<&!,;?B&>9O!"> B&&B><
JGB IH@E@9EDOU" J@@EBAO
+NVJGDB@EBA
6 )64%)?%+ #,') "61) !"#)/%%6" +) )G :%$&%')HI-)JKHL-),6)IMKK)8;$;-)" )64%) !"#)
4,$&%'(;
/,6%'",#()8' :"0%0)6 )64%) "61) !"#)'%#,6%0)6 ), 1) 8% N(%((" )"6%$) )64"(),+% 0,),'%),:,"#,&#%)
7 ')8 &#"!)'%:"%5),6)64%) "61) #%'=E()O77"!%-)# !,6%0)" ) "61)P,##),6)JQL)R '64)*:% %-). "#0" +)*-)
0 '" +) '$,#)& (" %(()4 '(;
.) / %! .012 3)4 + ,# : +5)' #( %' --67689-:
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
!" #&.0 '+,-./(B#8-12-3"C "4<;6
< )! $8#", !%)5"64)64%
*/S?< *G2)T<3P)U<2*.<V<3<S2)* 3
34%) "61) 7) 4 #,)W"(6,)'%9 %(6()" 0":"0 ,#()54 )'%9 "'%)(8%!",#),!! $$ 0,6" ()6 ),!!%((-),66% 0-)
, 0X ')8,'6"!"8,6%)" ),) "61)$%%6" +-),!6":"61-) ')(%':"!%-)! 6,!6)64%) "61) #%'=E()O77"!%),6)ALHYB)
LYHNIKZHA ,#"7 ' ",)?%#,1)2%':"!%)"(),:,"#,&#%)7 ')64%)4%,'" +)"$8,"'%0)&1)0",#" +)QHHB),6)#%,(6)
7 '61N%"+46)4 '()" ),0:, !%) 7)64%)$%%6" +;
/ (6) 4 #,)W"(6,) "61) !"#)$%%6" +(-)" !# 0" +)8 &#"!)! $$% 6(-),'%):"0% )'%! '0%0), 0),"'%0)#":%)
)*3\[3)\\N:%'(%)!4, %#)YY)A64' +4 6)64%) 61B-) ) F) ,&#%)!4, %#)JZ)A #1)" ) 4 #,)W"(6,B-)
, 0) #" %),6)555;!4 #,:"(6,!,;+ :;)?%! '0%0)$%%6" +(),'%),#( ),"'%0) )T%0 %(0,1(),6)Q)8;$;)
A& 64)!4, %#(B), 0),'%),'!4":%0) )64%) "61\]()5%&("6%;
2"+ ) 8),6)555;!4 #,:"(6,!,;+ :)6 )'%!%":%)%$,"#) 6"7"!,6" ()54% ) "61) !"#),+% 0,(),'%)
8 &#"(4%0) #" %;
.) / %! .012 3)4 + ,# B +5)' #( %' --67689-:
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
City of Chula Vista
Staff Report
File#:16-0539, Item#: 1.
APPROVAL OF MINUTES OF NOVEMBER 1, 2016.
RECOMMENDED ACTION
Council approve the minutes.
City of Chula VistaPage 1 of 1Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
!"#$" %&'(") * (
+,, -."+ -& ,*"/"01($
C&,*@(! "D#>,78,1"B "94B;2344"5+
#&-6 '" %(78,1*
9:;"< %"=>,-&, "?& '@ -."=
%&'(") * ( " ="ABAB4
EFGHI=E"+FFCJDG"KL"CMF" JCN" KHD JI
=II"CK"KE0FE
!"#$% & '()! *+ ', -('. -*")/(# *+ ', -('. *+ -,"#$ 0(1'$ 2$1 /$## 3 '* *%3 % $' 4567 89:9 () ',
-*")/(# -,$:; %1< #*/$' 3 () -('. =$##< >?@ A*"%', B )" < -,"#$ 0(1'$< -$#(+*%)($9
EKII" =II3
!"#$%$&%'()* "#+',( !"#$%$&%'(-% . ..+ ,( !"#$%$&%'(/! + ,(
51,*,- 3
0%1 23(/+3 '(/"%.% (+ 4(/+3 '( +."##+.(5+#+.
#1* C% 1 )'5 -('. &$)$! % =$#; %'< -('. ''*%) . D**!()1< 11(1'$)' -('. -# %E F(! #*2< $)3 G 8"'.
-('. -# %E H$)1$1
5IF0GF"KL"=IIFGJ=D F"CK"CMF"LI=G"=D0"+K+FDC"KL"OJIFD F
-*")/(#: :; % F )1*"11$) # 3 ', C# 3! *+ ## !($)/ 9
O5F J=I"KE0FEO"KL"CMF"0=N
6789:7;
<=>5>?@)@AB?(BC()(<=B D)/)@AB?(@B(5EA=D>F(C>==ADD,(;967(
=P
EGD)(HA5@)(H>@>=)?(BC(@E>(F>)=
&$.*% -$1(##$1 I$#$1 % $3 ', 8%*/#$:$'(*) $)3 -*")/(#: :; % &/-$)) 8% 1 )' 3 (' '* I,(%# . A %%(##9
6789:I7<=>5>?@)@AB?(BC(JG)=@>=DF(>/<DBF>>(=> BK?A@AB?(
?P
=> A<A>?@5
=":$) 1*"%/ 1 J8 %$'(*)1 &$)$! % G :81' % % /*!)(K 3 L*/ #.) A%$)/(1/*< -*))( D% )< $)3
L*$))$ ('/,( $1 M"$%' %#. :8#*. % /*!)('(*) % /(8( )'19
KDOFDC" =IFD0=E"QJ ,7*"B"/"B9R
N' : O 2$1 % :*B 3 +%*: ', -*)1 )' -$# )3$% +*% 1 8$%$' /*)1(3 %$'(*) ;. -*")/(#: :; % !"(#$%9
-('. ''*%) . D**!()1 $))*")/ 3 ',$' :()*% % B(1(*)1 '* N' :1 ? $)3 O ,$3 ; ) 8%*B(3 3 '* ',
-*")/(# $)3 2*"#3 ; ()/*%8*%$' 3 ()'* ', (' :1 1,*"#3 ', . ; $3*8' 39
6789:L6)<<=BH)D(BC(/A?G@>5( M(B!2 &%'(:(+ 4(66,(;967N
BP
E,6#77,-@,@"=6 #-3" #&-6 '"(SS1#>," %,"7 -& ,*P
#$%&!'(!#)*+ !,$-% !"
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
!" #&-6 '+,, -."+ -& ,*"/"01($ D#>,78,1"B "94B;
6789O97
P=A@@>?( B//G?A )@AB?5
9P
D%22%'.( M('%."* +2" (M' $(2Q%(M ## R" *S
)NK'%* '3(E+##,(- +'4( M()11%+#.(+ 4()4T". '.(
-N52%1Q% (U+#+# Q",(- +'4( M(D"&'+'3(@' .2%%.
N>$$+()& 2" ,( $$".." ( ()*" *
0NC'+ !" %(/+"* %,(A 2%' +2" +#(C'"% 4.Q"1( $$".."
E,6#77,-@,@"=6 #-3" #&-6 '"(66,S " %,"1,* .-( #-*P
6789:OV=>5BDG@AB?(?BN(;9678;69(BC(@E>( A@F( BG? AD(BC(@E>( A@F(
TP
BC( EGD)(HA5@)()G@EB=AWA?K(@E>(5G-/A@@)D(BC()?(
)<<DA )@AB?(CB=()(FBG@E(5B >=()?0(=> =>)@AB?(
0>H>DB</>?@(<=BK=)/(K=)?@(C=B/(@E>(5@)@>(BC(
)DACB=?A)(0><)=@/>?@(BC(<)=U5()?0(=> =>)@AB?(BCCA >(
BC(K=)?@5()?0(DB )D(5>=HA >5X()?0()G@EB=AWA?K(@E>( A@F(
/)?)K>=(B=(EA5(0>5AK?>>(@B(>Y> G@>()(5@)?0)=0(
)K=>>/>?@(AC(5>D> @>0(CB=(5G E(CG?0A?K,()?F(
)/>?0/>?@5(@E>=>@B,()?0()?F(=>D)@>0(0B G/>?@5(
?> >55)=F(CB=(A/<D>/>?@)@AB?(BC(@E>(K=)?@
E,6#77,-@,@"=6 #-3" #&-6 '"(@#S " %,"1,*#'& #-P
6789:II=>5BDG@AB?(?BN(;9678;66(BC(@E>( A@F( BG? AD(BC(@E>( A@F(
<P
BC( EGD)(HA5@)() ><@A?K(Z\[\[9,999(C=B/(@E>( )DACB=?A)(
BCCA >(BC(@=)CCA (5)C>@F()?0()<<=B<=A)@A?K(Z6I9,999(@B(
@E>(<BDA >(K=)?@(CG?0(CB=(@E>(5>D> @AH>(@=)CCA (
>?CB= >/>?@(<=BK=)/(\\:\]O(HB@>(=>JGA=>0^
E,6#77,-@,@"=6 #-3" #&-6 '"(@#S " %,"1,*#'& #-P
6789:L;)N=>5BDG@AB?(?BN(;9678;6;(BC(@E>( A@F( BG? AD(BC(@E>(
2P
A@F(BC( EGD)(HA5@)()/>?0A?K(@E>( B/<>?5)@AB?(
5 E>0GD>()?0( D)55ACA )@AB?(<D)?(@B(=>CD> @(@E>(
)00A@AB?(BC()?(C)(\\CA5 )D()K>?@^(5>?AB=(<=BK=)/(
)55A5@)?@,()/>?0A?K(@E>()G@EB=AW>0(5@)CCA?K(D>H>D(BC(
@E>(<BDA >(K=)?@(CG?0(-F()00A?K(B?>(C)(0><G@F(
0A=> @B=(50D> ,(B?>(C)()?)DF5@()?0(B?>(C)(5>?AB=(
<=BK=)/()55A5@)?@,()?0(>DA/A?)@A?K(B?>(C)(<=BK=)/(
)55A5@)?@,()?0()<<=B<=A)@A?K(CG?05(@E>=>CB=(\\:\]O(HB@>(
=>JGA=>0^
-NB=0A?)? >(BC(@E>( A@F(BC( EGD)(HA5@)()/>?0A?K( EGD)(
HA5@)(/G?A A<)D( B0>(5> @AB?(;N9ON969(=>D)@A?K(@B(@E>(
>5@)-DA5E/>?@(BC(G? D)55ACA>0(<B5A@AB?5(@B()00(C)(
5>?AB=(<=BK=)/()55A5@)?@(\\CA=5@(=>)0A?K^(\\:\]O(HB@>(
=>JGA=>0^
#$%&!'(!#)*+ !,$-% !.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
!" #&-6 '+,, -."+ -& ,*"/"01($ D#>,78,1"B "94B;
N(=>5BDG@AB?(?BN(;9678;6\[(BC(@E>( A@F( BG? AD(BC(@E>( A@F(
BC( EGD)(HA5@)()<<=BHA?K(@E>(=>HA5>0(CA5 )D(F>)=(
;9678;96I( B/<>?5)@AB?(5 E>0GD>(>CC> @AH>(?BH>/->=(
66,(;967,()5(=>JGA=>0(-F( )DACB=?A)( B0>(BC(=>KGD)@AB?5,(
@A@D>(;,(5> @AB?(OI9NO
E,6#77,-@,@"=6 #-3" #&-6 '"(@#S " %,"1,*#'& #-*"(-@"S'(6," %,"#1@ -(-6,"#-"
$ 1* "1,(@ -.P
6789:L\[=>5BDG@AB?(?BN(;9678;6:(BC(@E>( A@F( BG? AD(BC(@E>( A@F(
;P
BC( EGD)(HA5@)(P)AHA?K(@E>( B/<>@A@AH>(CB=/)D(-A0(
=>JGA=>/>?@,()<<=BHA?K(@E>( B?5BDA0)@AB?(BC(@E>(
>YA5@A?K()K=>>/>?@5(A?@B(B?>,(?>P(CAH>8F>)=()K=>>/>?@(
PA@E(@)5>=(A?@>=?)@AB?)D,()?0()G@EB=AWA?K(@E>(<BDA >(
0><)=@/>?@(@B(<G= E)5>()?F(CG@G=>()00A@AB?)D(-B0F(
PB=?( )/>=)5()?0(@)5>=(>D> @=B?A ( B?@=BD(P>)<B?5(
C=B/(@)5>=(A?@>=?)@AB?)D
E,6#77,-@,@"=6 #-3" #&-6 '"(@#S " %,"1,*#'& #-P
6789\[O\[=>5BDG@AB?(?BN(;9678;6O(BC(@E>( A@F( BG? AD(BC(@E>( A@F(
:P
BC( EGD)(HA5@)()<<=BHA?K(@E>(5> B?0()/>?0/>?@(@B(@E>(
)K=>>/>?@(->@P>>?(@E>( A@F(BC( EGD)(HA5@)()?0(
/BCC)@@()?0(?A EBD,(@B(<=BHA0>(<=>DA/A?)=F(
>?KA?>>=A?K,(>?HA=B?/>?@)D(0B G/>?@)@AB?()?0(CA?)D(
0>5AK?(CB=(@E>(E>=A@)K>(=B)0(-=A0K>(=><D) >/>?@(
<=B_> @X()?0()G@EB=AWA?K(@E>(0A=> @B=(BC(<G-DA (PB=U5(
@B(>Y> G@>(@E>()K=>>/>?@(B?(->E)DC(BC(@E>( A@F
E,6#77,-@,@"=6 #-3" #&-6 '"(@#S " %,"1,*#'& #-P
6789\[IO
=>5BDG@AB?(?BN(;9678;67(BC(@E>( A@F( BG? AD(BC(@E>( A@F(
UP
BC( EGD)(HA5@)() ><@A?K(@E>()55A5@)? >(@B(
CA=>CAKE@>=5(K=)?@()P)=0(C=B/(@E>(GN5N(0><)=@/>?@(BC(
EB/>D)?0(5> G=A@F,()G@EB=AWA?K(@E>(CA=>( EA>C(B=(EA5(
0>5AK?>>(@B(>Y> G@>()DD(=>D)@>0(0B G/>?@)@AB?()?0(
<=B G=>/>?@()55B A)@>0(PA@E(@EA5(K=)?@,()/>?0A?K(@E>(
CA5 )D(F>)=(;967\];96I(@G@( B//B?(CG?0(-G0K>@(CB=(
/)@ EA?K(CG?05,()?0()<<=B<=A)@A?K(CG?05(@E>=>CB=(\\:\]O(
HB@>(=>JGA=>0^
E,6#77,-@,@"=6 #-3" #&-6 '"(@#S " %,"1,*#'& #-P
N' : O 2$1 % :*B 3 +%*: ', -*)1 )' -$# )3$%9
#$%&!'(!#)*+ !,$-% !/
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
!" #&-6 '+,, -."+ -& ,*"/"01($ D#>,78,1"B "94B;
6789:OO
B=0A?)? >(BC(@E>( A@F(BC( EGD)(HA5@)()/>?0A?K( EGD)(
B4P
HA5@)(/G?A A<)D( B0>( E)<@>=5(;N;O,(`K>?>=)D(=GD>5(CB=(
-B)=05()?0( B//A55AB?5,a()?0(;N\[;,(`=>5BG= >(
B?5>=H)@AB?( B//A55AB?,a( E)?KA?K(@E>( B//A55AB?(
?)/>(@B(@E>(`5G5@)A?)-ADA@F( B//A55AB?a(\\CA=5@(=>)0A?K^
E,6#77,-@,@"=6 #-3" #&-6 '"S'(6," %,"#1@ -(-6,"#-"$ 1* "1,(@ -.P
6789:LV=>5BDG@AB?(?BN(;9678;6I(BC(@E>( A@F( BG? AD(BC(@E>( A@F(
BBP
BC( EGD)(HA5@)()<<=BHA?K(@E>( A@Fb5(<)=@A A<)@AB?(A?(
50Kc>b5(<BP>=(FBG=(0=AH>(<=BK=)/
E,6#77,-@,@"=6 #-3" #&-6 '"(@#S " %,"1,*#'& #-P
6789O6:=>5BDG@AB?(?BN(;9678;6V(BC(@E>( A@F( BG? AD(BC(@E>( A@F(
B9P
BC( EGD)()<<=BHA?K()(KBDC( BG=5>(C) ADA@F(/)?)K>/>?@(
)K=>>/>?@(PA@E(@BG E5@B?>(KBDC(CB=(@E>(A?@>=A/(
B<>=)@AB?5(BC(@E>( EGD)(HA5@)(KBDC( BG=5>
E,6#77,-@,@"=6 #-3" #&-6 '"(@#S " %,"1,*#'& #-P
)11' T+#( M(2Q%( .% 2( +#% 4+'
= CJKD3="7# #-"V(*"7(@,"8!" #&-6 '7,78,1"+6 (-- "*,6#-@,@"8!"0,S& !"+(!#1"
+ ,*,- " #"(SS1#>,"* ($$W*"1,6#77,-@( #-*"#-" %,"(8#>," #-*,- " (',-@(1"
,7*"B" %1#&.%"U"(-@"B4" %1#&.%"B9 "%,(@ -.*"1,(@ " ,X "V( >,@P"C%,"7# #-"
6(11 ,@"8!" %,"$#''#V -."># ,3
O(8()* "#+',(-% . ..+ ,(/! + ,(/"%.% (+ 4( +."##+.(5+#+.
N,*3
9(((
D#3
9(((
=8* ( -3
JCF+O"EF+K)F0"LEK+"CMF" KDOFDC" =IFD0=E
6789:IVCA5 )D(F>)=(;96O\];967()??G)D(CA?)? A)D(5@)@G5(=><B=@
AP
-('. &$)$! % =$#; %' 8%*B(3 3 ()+*%:$'(*) *) ', ;"3! ' $3P"1': )'1 8% 1 )' 3 () ', % 8*%'9
= CJKD3="7# #-"V(*"7(@,"8!" #&-6 '7,78,1"=.& '(1 "*,6#-@,@"8!" #&-6 '7,78,1"
+6 (-- " #"(66,S " %,"1,S#1 "%,(@ -."1,(@ " ,X "V( >,@P"C%,"7# #-"6(11 ,@"8!"
%,"$#''#V -."># ,3
O(8()* "#+',(-% . ..+ ,(/! + ,(/"%.% (+ 4( +."##+.(5+#+.
N,*3
9(((
D#3
9(((
=8* ( -3
#$%&!'(!#)*+ !,$-% !0
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
!" #&-6 '+,, -."+ -& ,*"/"01($ D#>,78,1"B "94B;
5H?IJ " K++FDCO
(/$%3* F $1< -,"#$ 0(1'$ % 1(3 )'< 18*E % !$%3()! ', '%$++(/ 1('"$'(*) *) NQR64 () ', C$#*:$% $% $9
"3. $:(% K< -,"#$ 0(1'$ % 1(3 )'< S8% 11 3 /*)/ %) % !$%3()! (## !$# :$%(P"$)$ 3(18 )1$%( 19
T, +*##*2()! : :; %1 *+ ', 8";#(/ ()'%*3"/ 3 ', A%( )31 *+ U*%:$) C$%E I )(*% - )' % $)3 18*E
% !$%3()! ', *%!$)(K$'(*)V1 8"%8*1 5
Q G%9 F< -,"#$ 0(1'$ % 1(3 )'
Q 0()/ I)*3!%$11< -,"#$ 0(1'$ % 1(3 )'
Q H$. F*3! < U$'(*)$# -('. % 1(3 )'
= CJKD"JCF+O
6789\[97 B?5A0>=)@AB?(BC()0B<@A?K(@E>(UA05( EBA >( EGD)(HA5@)(
BTP
<=BK=)/
=>5BDG@AB?(?BN(;9678;6L(BC(@E>( A@F( BG? AD(BC(@E>( A@F(
BC( EGD)(HA5@)()0B<@A?K(`UA05( EBA >( EGD)(HA5@)a,()(
HBDG?@)=F,(A? >?@AH>8-)5>0(<=BK=)/(@B(<=BHA0>(
EAD0=>?(PA@E(E>)D@EF(->H>=)K>( EBA >5()@( EGD)(HA5@)(
=>5@)G=)?@5
I )(*% C%*P /' -**%3()$'*% H"%K !$B $ 8% 1 )'$'(*) *) ', (' :9
T, +*##*2()! : :; %1 *+ ', 8";#(/ 18*E () 1"88*%' *+ ', (' :5
Q G%9 I,$%*) H(%;.< I$) G( !* % 1(3 )'
Q G%9 W1,$ $*
&$.*% -$1(##$1 I$#$1 % /*:: )3 3 /,$)!()! ', 8%*8*1 3 8%*!%$: +#. % '* 3 :8,$1(K ', +%"(' P"(/
*8'(*)9
= CJKD3="7# #-"V(*"7(@,"8!" #&-6 '7,78,1"+6 (-- "*,6#-@,@"8!" #&-6 '7,78,1"
=.& '(1 " %( "E,*#'& #-"D#P"94B;/9BA"8,"(@#S ,@ "%,(@ -."1,(@ " ,X "V( >,@P""C%,"
7# #-"6(11 ,@"8!" %,"$#''#V -."># ,3
O(8()* "#+',(-% . ..+ ,(/! + ,(/"%.% (+ 4( +."##+.(5+#+.
N,*3
9(((
D#3
9(((
=8* ( -3
JCN"+=D=GFEYO"EF5KECO
&$%E '()! $)3 -*::")(/$'(*)1 &$)$! % I' (); %! % 8% 1 )' 3 ()+*%:$'(*) *) ', X % -,"#$ 0(1'$
8,*'* /*)' 1'9 -*")/(#: :; % F )1*"11$) 18*E % !$%3()! ', P"3!()! 8$) # $)3 ', +"'"% S,(;('
18$/ () ', -('. =$## #*;;.9
-('. &$)$! % =$#; %' 8%*B(3 3 $) "83$' *) ', !%$3()! +*% = %('$! *$3 $)3 1'$' 3 ', %*$3 2*"#3
*8 ) :(3Q. $% () >6Y?9 = $#1* 1'$' 3 ',$' /*)'%$/'1 +*% ', X(##*2 -% E F%(3! /*)1'%"/'(*) 2 %
1/, 3"# 3 '* ; !() :(3Q. $% () >6Y? $)3 '* ; /*:8# ' 3 () G / :; % >6Y?9
#$%&!'(!#)*+ !,$-% !1
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
!" #&-6 '+,, -."+ -& ,*"/"01($ D#>,78,1"B "94B;
+=NKEYO"EF5KECO
6789O;9
B?5A0>=)@AB?(BC( BG? AD(0A=> @AB?(@B(5@)CC(@B(A? DG0>(
B<P
)00A@AB?)D(CG?05(A?(@E>(<=B<B5>0(;96I\];96V(-G0K>@(CB=(
@E>(5A5@>=( A@F(<=BK=)/
&$.*% -$1(##$1 I$#$1 1'$' 3 1, 2*"#3 2(',3%$2 , % % M" 1' +*% /*)1(3 %$'(*) *+ ', (' :9 I, 1'$' 3
1, %$(1 3 1"++(/( )' :*) . '* 8%*B(3 +*% ', J3$2$%$ 1(1' % /('. 3 # !$'(*) '* B(1('9
&$.*% -$1(##$1 I$#$1 % 8*%' 3 % !$%3()! ', +*##*2()! % / )' B )'15 -,$:; % *+ -*:: %/ :(S %<
F $"'(+. -,"#$ 0(1'$ B )'< -,"#$ 0(1'$ %' D"(#3 % / 8'(*) $' ', I*"', -,"#$ 0(1'$ Z(;%$%.< 8#$))()!
: '()! +*% ', WID X*: )V1 $:$' "% /,$:8(*)1,(8 $' ', I$) G( !* -*")'%. -#"; () -,"#$ 0(1'$<
-"; $)3 D(%# I/*"' '*"%1 *+ -('. =$##< $)3 $ 8% 1 )'$'(*) '* ', Z $!" *+ X*: ) 0*' %1 $' ', U*%:$)
C$%E I )(*% - )' %9
KHD JI+F+?FEOY" K++FDCO
-*")/(#: :; % !"(#$% 18*E % !$%3()! ', "8/*:()! 0 ' %$)V1 G$. ,*#(3$. $)3 % #$' 3 B )'15
0 ' %$)V1 \[# : )'$%. I/,**# 8$%$3 < $ @H 2$#E ; ) +(''()! ', 0 ' %$)V1 ,*: < I*"',2 1' %) -*## !
0 ' %$)V1 G$. /*:: :*%$'(*) $' ', 1'"3 )' $:8,(', $' %< $)3 ', $))"$# B ' %$)V1 / % :*). $' ',
-,"#$ 0(1'$ & :*%($# F*2#9
-*")/(#: :; % F )1*"11$) 18*E % !$%3()! ', (;;*)1 $)3 I,*B #1 $2$%3 / % :*).9
G 8"'. &$.*% &( 1 ) 18*E % !$%3()! ', (;;*)1 $)3 I,*B #1 8%*!%$:< ', !%$)3 *8 )()! *+ ',
I# 8 U":; % F 3 1'*% *) J'$. Z$E 1 *$3< $)3 ', % B('$#(K$'(*) *+ ', 1,*88()! / )' % *) \\',
B )" $)3 - I'% '9
-*")/(#: :; % F )1*"11$) % :()3 3 B %.*) '* B*' () ', "8/*:()! # /'(*)9
&$.*% -$1(##$1 I$#$1 $))*")/ 3 ', "8/*:()! A(%1' A%(3$. F% $E+$1' 2*"#3 ; *) ', '*8(/ *+ ', T,()E
$ F(' #$; $' ', -(B(/ - )' % Z(;%$%.9
-*")/(#: :; % &/-$)) ',$)E 3 ', B*#")' %1 $' ', F $"'(+. -,"#$ 0(1'$ B )'9 = 18*E % !$%3()!
', (;;*)1 $)3 I,*B #1 B )' $)3 ', $))"$# H(2$)(1 F*2#< $ +**';$## !$: ; '2 ) =(##'*8 $)3 -,"#$
0(1'$ =(!, 1/,**#19
-('. ''*%) . D**!()1 $))*")/ 3 ', "8/*:()! FY>7\\ *8 ) !*B %): )' $)3 ',(/1 '%$()()! 8% 1 )' 3
;. ,(1 *++(/ 9
-('. ''*%) . D**!()1 $))*")/ 3 ',$' ', -*")/(# 2*"#3 /*)B ) () /#*1 3 1 11(*) '* 3(1/"11 N' :1 Y4<
Y@F $)3 Y@-< #(1' 3 ; #*29 = 1'$' 3 N' : Y@ 2*"#3 ; '%$(# 3 '* $ +"'"% : '()!9
' @5>O 89:9< ', -*")/(# /*)B ) 3 () -#*1 3 I 11(*)9
#$%&!'(!#)*+ !,$-% !2
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
!" #&-6 '+,, -."+ -& ,*"/"01($ D#>,78,1"B "94B;
IKOF0"OFOOJKD
< '. + 2(2 (=%. # 2" (? N(6\[I97(+ 4( !"#(< #"!3(? N(\[:789\[,(BMM"!"+#(/" 2%.(+ 4(
'%! '4.( M(+!2" (2+d% (4 '" *( # .%4(5%.." .(+'%($+" 2+" %4(&3(2Q%( "23()22 ' %3N
6789O99 B?C>=>? >(PA@E(D)-B=(?>KB@A)@B=5(<G=5G)?@(@B(
B2P
KBH>=?/>?@( B0>(5> @AB?(O:LOIN7
)*% !3(4%."* +2%4('%1'%.% 2+2"T%.S
K+'3(E+#&%'2,(K#% (K *" .,(U%##%3(-+! ,( '2 %3( Q+.%,(/+'"+(
U+!Q+4 '"+ ,(5"$ (5"#T+,(E+''3(/ .(+ 4(0+T"4(-"#&3
>$1# 3%%( '*+ "e+2" S
A 2%' +2" +#().. !"+2" ( M(C"'%M"*Q2%'.(\\A)CC^
= CJKD3D#"1,S#1 (8',"(6 #-P
6789O9I B?C>=>? >(PA@E(D>K)D( BG?5>D(=>K)=0A?K(>YA5@A?K(
B;P
DA@AK)@AB?(<G=5G)?@(@B(KBH>=?/>?@( B0>(5> @AB?(
O:LO7NL(\\4^\\6^
)N?+$%( M(!+.%S>+'#(_% 2e(%2(+#N(TN( "23( M( Q #+(H".2+,(5+ (0"%* (
5 1%'" '( '2,(
+.%(? N(\[I8;9678999\[;;;V8 G8@@8 @D
-N?+$%( M(!+.%S0+''%##(= &%'2.,(%2(+#N(TN( "23( M( Q #+(H".2+,(G "2%4(
52+2%.(0".2'"!2( '2,(
+.%(? N(67!T6LOO(//)(0E-
N?+$%( M(!+.%S_+$%.(K+'!"+(TN( "23( M( Q #+(H".2+,(5+ (0"%* (
5 1%'" '( '2,(
+.%(? N(\[I8;96O899967:9V8 G8B>8 @D
N' : Y@ 2$1 )*' 3(1/"11 3 $)3 2$1 /*)'()" 3 '* $ +"'"% : '()!9
= CJKD3J ,7*"B;?"(-@"B; 3"D#"1,S#1 (8',"(6 #-P
=0ZKHED+FDC
' R56? 89:9< &$.*% I$#$1 $3P*"%) 3 ', : '()! '* ', I8 /($# -('. -*")/(# X*%E1,*8 *) U*B :; % 7<
>6Y@< $' 4566 89:9< $)3 ', )/ '* ', !"#$% -('. -*")/(# & '()! *) U*B :; % R< >6Y@< $' 4566 89:9<
() ', -*")/(# -,$:; %19
fffffffffffffffffffffffffffffff
U%''3(UN(-"*%# R,()..".2+ 2( "23( #%'d
#$%&!'(!#)*+ !,$-% !3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
City of Chula Vista
Staff Report
File#:16-0535, Item#: 2.
ORDINANCEOFTHECITYOFCHULAVISTAAMENDINGCHULAVISTAMUNICIPALCODE
SECTION2.05.010RELATINGTOTHEESTABLISHMENTOFUNCLASSIFIEDPOSITIONSTO
ADDFASENIORPROGRAMASSISTANT(SECONDREADINGANDADOPTION)(4/5VOTE
REQUIRED)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
TheHighIntensityDrugTraffickingArea(“HIDTA”)DirectorisrequestingtoaddthreeFA(Fiscal
Agent)positionsandeliminateoneFApositionintheauthorizedstaffinglevelattheSanDiegoLaw
EnforcementCoordinationCenter.Thesepositionsarefullyreimbursedbygrantfunds,alongwitha
4% administrative fee for acting as the fiscal agent.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
ThePoliceDepartmentactsasthefiscalagentforvariouslawenforcementprogramswhichare
fundedthroughvariousStateandFederalagencies.Asthefiscalagent,thePoliceDepartmenthires
andprovidessalaryandbenefitsforpositionswhicharenormallyconsideredseparatefromexisting
Citystaffingandareatwillpositions.Thesepositionsaredesignatedas“FA”(“FiscalAgent”)inthe
title description.
Threepositions(oneFADeputyDirectorSDLECC,oneFAAnalystandoneFASeniorProgram
Assistant)arerequestedtobeaddedandoneposition(FAProgramAssistant)isrequestedtobe
eliminatedintheauthorizedstaffinglevelofthePoliceGrantFundtosupporttheSanDiegoLaw
EnforcementCoordinationCenter(“SDLECC”).TheSDLECCservesastheregionalintelligence
fusioncenterforSanDiegoandImperialcounties.FusionCentersarefocalpointsforthereceipt,
analysis,gathering,andsharingofthreat-relatedinformationbetweenthefederalgovernmentand
City of Chula VistaPage 1 of 3Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0535, Item#: 2.
state,local,tribal,andprivatesectorpartners.ThesepositionsarefullyreimbursedbyeitherHigh
IntensityDrugTraffickingArea(HIDTA)orhomelandsecuritygrantfunds,alongwitha4%
administrative fee for acting as the fiscal agent.
Deputy Director SDLECC
TheSDLECCcurrentlyhasoneDeputyDirectorandasecondDeputyDirectorpositionwillenhance
continuityatthehigherlevelsofmanagementattheSDLECC.Currently,oneoftheSDLECC
DeputyDirectorpositionsisfilledbyalawenforcementofficer.Asaresult,thelawenforcement
officersrotateinandoutofthispositionafterseveralyears.Itislessdisruptivetohaveapermanent
secondDeputyDirector,thantorotatelawenforcementofficersthroughthisposition.Addingthis
positionwillalsoenhancetheSDLECC’ssuccessionplanningflexibilityintheeventofthedeparture
of the other SDLECC Deputy Director or the SDLECC Director.
FA Analyst
TheFAAnalystpositionisneededtoincreaseanalyticalcapabilitiesinthetacticalanddeepdive
analysissectionoftheTargetingActionGroupandInvestigativeSupportUnitoftheSDLECC.This
positionprovidesanalyticalservicestoawidevarietyofregionalinvestigationsincludingstate,local,
federalandfireinvestigations.AnadditionalanalystwillenhancetheSDLECC’sabilitytoservethe
first responder community.
FA Senior Program Assistant
OnSeptember13,2016,CityCouncilapprovedtheadditionofaProgramAssistantSupervisor
positionattheSDLECC.AnewpositionofFASeniorProgramAssistantisrequestedtobeadded
theCity’scompensationscheduleandclassificationplan,whichwillcreateathreetieredProgram
Assistantseries.Thenewly-createdFASeniorProgramAssistantpositionwillprovidein-depth,high-
qualitysupporttomultiple,complexSDLECCprograms.Furthermore,thisserieswillenablethe
SDLECCtoencourageemployeelongevityatthecenterbypromotingfromwithinwhenopportunities
arisetorewardourhighlytalentedProgramAssistants.OneFASeniorProgramAssistantis
requestedtobeadded,andoneFAProgramAssistantwillbeeliminatedfromtheauthorizedstaffing
at SDLECC.
Compensation Schedule
CaliforniaCodeofRegulations,Title2,Section570.5requiresthat,forpurposesofdetermininga
retiringemployee'spensionallowance,thepayratebelimitedtotheamountlistedonapayschedule
thatmeetscertainrequirementsandbeapprovedbythegoverningbodyinaccordancewiththe
requirementsoftheapplicablepublicmeetinglaws.TheFiscalYear2016-2017Compensation
Schedule("CompensationSchedule")waslastapprovedbytheCityCouncilattheirmeetingof
September 13, 2016.
ApprovalofResolutionCwillapprovetherevisedCompensationScheduletoreflecttheadditionof
thenewlycreatedFASeniorProgramAssistantposition,incompliancewithCaliforniaCodeof
Regulations, Title 2, Section 570.5.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
City of Chula VistaPage 2 of 3Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0535, Item#: 2.
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thesenewpositions
supportthegoalofOperationalExcellencebyprovidingadditionalresourcestomeetHIDTAgoals
and objectives.
CURRENT YEAR FISCAL IMPACT
ApprovalofResolutionAwillresultintheamendmentofthecompensationscheduleand
classificationplantoaddtheclassificationofFASeniorProgramAssistant.Thisnewclassificationis
anat-willpositionandwillbeeliminatedifgrantfundingends.TheFASeniorProgramAssistantwill
beassignedtotheConfidential(CONF)group.TheE-Stepbi-weeklysalaryforthispositionwillbe
$2,384.62.
ApprovalofResolutionAwillalsoaddoneFADeputyDirectorSDLECC,oneFAAnalystandoneFA
SeniorProgramAssistant,andeliminateoneFAProgramAssistantintheauthorizedstaffinglevelof
theSanDiegoLawEnforcementCoordinationCenter,resultinginanappropriationof$127,359to
thepersonnelcategoryand$5,094totheOtherExpensescategoryofthePoliceGrantFund.The
personnelcostsarefullyreimbursedbyHIDTAandhomelandsecuritygrantfunds.TheCity
receivesa4%administrativefeeforactingasthefiscalintermediaryforthesepositions.Becauseof
the4%administrativefee,thereisapositiveimpactof$5,094totheGeneralFundinthecurrent
fiscal year.
ApprovaloftheOrdinancewillamendChulaVistaMunicipalCode2.05.010toreflecttheadditionof
FA Senior Program Assistant.
ONGOING FISCAL IMPACT
Theongoingannualcostforthesethreepositionsisapproximately$267,000.Thepersonnelcosts
arefullyreimbursedbyHIDTAandhomelandsecuritygrantfunds,andtheCityreceivesa4%
administrativefeeforactingasthefiscalintermediaryforthesepositions.Becauseofthe4%
administrativefee,therewillbeapositiveimpactofapproximately$10,680totheGeneralFundeach
fiscal year. If the grant no longer funds these positions, then they will be eliminated.
ATTACHMENTS
1.Revised Fiscal Year 2016-2017 Compensation Schedule Effective November 11, 2016
Staff Contact: Jonathan Alegre, Police Department
City of Chula VistaPage 3 of 3Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED
POSITIONS TO ADD FA SENIOR PROGRAM ASSISTANT
WHEREAS, the Human Resources Department has created new classifications to better
reflect the needs of the City’s workforce; and
WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the Council.
NOW,THEREFORE,the City Council of the City of Chula Vista does ordain as follows:
Section I.
That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.10Unclassified positions established.
In In addition to those unclassified positions specifically delineated in Section 500 of the Charter
of the City, there are established the unclassified positions entitled: Administrative Secretary
(Mayor, At Will),Administrative Services Manager, Animal Care Facility Administrator,
Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development
Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant
Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation,
Budget and Analysis Manager, Building Official/Code Enforcement Manager, Chief of Staff,
Chief Sustainability Officer, CityEngineer, Constituent Services Manager, Deputy City
Manager, Deputy Fire Chief, Development Services Department Director, Director of
Conservation and Environmental Services, Director of Economic Development, Fire Division
Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II,
FA Analyst, FA DeputyExecutive Director, FA Executive Director, FA Public Private
Partnership and Exercise Program Manager,FA Director of San Diego Law Enforcement
Coordination Center, FA Executive Assistant, FA Financial Manager, FA Geospatial Intelligence
Analyst, FA Graphics Designer/Webmaster, FA Information Security Program Manager, FA
IVDC-LECC Executive Director, FA Law Enforcement Coordination Center Information
Technology Manager, FA Intelligence Analyst, FA Management Assistant, FA Microcomputer
Specialist, FA Network Administrator I, FA Network Administrator II, FA Program Analyst, FA
Program Assistant Supervisor, FA Program Manager, FA Network Engineer, FA Senior
Financial Analyst, FA Senior Intelligence Analyst, FA Senior Program Assistant, FA Senior
Secretary, FA Supervisory Intelligence Analyst, Finance and Purchasing Manager, Housing
Manager, Human Resources Operations Manager, Information Technology Manager, Law Office
Manager, Office Specialist (Mayor’s Office), Performance and Organizational Development
Manager, Planning Manager, Police Administrative Services Administrator, Police Captain,
Policy Aide, Purchasing Agent, Real Property Manager, Redevelopment and Housing Manager,
Risk Manager, Senior CouncilAssistant,and Traffic Engineer.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Ordinance No.
Page No. 2
Section II.Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
anyreason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicateor contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented byApproved as to form by
Gary HalbertGlen R. Googins
City ManagerCity Attorney
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
City of Chula Vista
Staff Report
File#:16-0536, Item#: 3.
ORDINANCEOFTHECITYOFCHULAVISTAAMENDINGCHULAVISTAMUNICIPALCODE
CHAPTERS2.25,“GENERALRULESFORBOARDSANDCOMMISSIONS,”AND2.32,
“RESOURCECONSERVATIONCOMMISSION,”CHANGINGTHECOMMISSIONNAMETOTHE
“SUSTAINABILITY COMMISSION” (SECOND READING AND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
StaffisrequestingCouncilapprovaltochangethenameoftheResourceConservationCommission
to the Sustainability Commission.
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
OnOctober10,2017,theResourceConservationCommissionvotedunanimouslytorecommendto
City Council that the commission name be change to the Sustainability Commission.
DISCUSSION
RecentlytheCityofChulaVistacreatedtheOfficeofSustainabilityintheEconomicDevelopment
Department,bringingtogethertheConservationandEnvironmentalServicesSectionsasone
section.
TheEconomicDevelopmentDepartmentOfficeofSustainabilityprovidesadministrativestaffsupport
totheResourceConservationCommission.Giventheprogressivechangesthathavebeenmadein
theEconomicDevelopmentDepartmentOfficeofSustainability,CitystaffandtheResource
ConservationCommissionarerequestingCouncilapprovaltochangethenametotheSustainability
Commission, maintaining all the duties and responsibilities.
City of Chula VistaPage 1 of 3Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0536, Item#: 3.
TheResourceConservationCommission,who’spurposeistoprovidecitizens’advicetotheCity
Councilintheareasofenergyandwaterconservation,resourcerecovery,environmental
sustainability,andotherrelatedfields,worksinconjunctionwiththeEconomicDevelopment
DepartmentOfficeofSustainabilityregardingpubliceducation,development,implementationand
evaluationofenvironmentalinitiativesandprogramsthatadvanceeconomicallyandenvironmentally
sustainablelocalpractices.Commissionersmayworkwithotheragenciesandcitizengroupsto
providetheCityCouncilwithinformationandrecommendationsthatfosterinclusiveprogram
development and broad program participation; striving for clean air, clean water and clean land.
ChulaVistaMunicipalCode(CVMC)modificationstoaccomplishthenamechangeimpactChapters
2.25 and 2.32. The proposed amendments to those chapters are as follows:
CVMC Section 2.25.020 Definitions
B.“Boardsandcommissions”…(2)boardsandcommissionsestablishedbytheCityCouncil:
AccessAppealsBoard,BoardofAppealsandAdvisors,BoardofEthics,CharterReview
Commission,ChildCareCommission,CommissiononAging,CulturalArtsCommission,Design
ReviewBoard,EconomicDevelopmentCommission,GrowthManagementOversightCommission,
HousingAdvisoryCommission,HumanRelationsCommission,InternationalFriendship
Commission,MobilehomeRentReviewCommission,ResourceConservationCommission,Safety
Commission,SustainabilityCommission,VeteransAdvisoryCommission,andotherboardsor
commissions subsequently created by City Charter or ordinance.
CVMC Chapter 2.32 Resource Conservation Commission -
ChangeResourceConservationCommissionnameto SustainabilityCommission inallofthe
following sections:
Chapter Title
Sections
2.32.010 Creation
2.32.020 Purpose and Intent
2.32.030 Statement of City goals and policies
2.32.050.B Administrative functions
2.32.060 Membership
Additionally,correctthetimeofthemeetingin CVMC2.32MeetingSchedule-TheCommissionshall
holditsregularmeetingsonthesecondMondayofeachmonthataplaceandtimedeterminedby
resolutionoftheCommission.TheCommissionmaychangeitsregularmeetingday,timeorlocation
by written resolution in accordance with CVMC 2.25.200.
DECISION-MAKER CONFLICT
Not Applicable - Not Site-Specific
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
City of Chula VistaPage 2 of 3Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0536, Item#: 3.
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyother
fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.TheResource
ConservationCommissionnamechangeisinlinewiththeprogresschangestheCityhasmadein
theEconomicDevelopmentDepartmentsupportingEconomicVitality,HealthyCommunityand
Operational Excellence.
CURRENT YEAR FISCAL IMPACT
There is no current year fiscal impact from approving the name change.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact from approving the name change.
ATTACHMENTS
CVMC 2.25 strikeout version
CVMC 2.32 strikeout version
StaffContact:LynnFrance,EnvironmentalServicesManager,EconomicDevelopmentDepartment
Office of Sustainability
City of Chula VistaPage 3 of 3Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTERS2.25,
“GENERAL RULES FOR BOARDS AND COMMISSIONS,”
AND 2.32 “RESOURCE CONSERVATION COMMISSION,”
CHANGING THE COMMISSION NAME TO THE
“SUSTAINABILITY COMMISSION”
WHEREAS, in 1980, the City Council adopted Ordinance 1928 renaming the
Environmental Control Commission to the Resource Conservation Commission
reflective of the changing responsibilities of the commission; and
WHEREAS,in 2008, the City Council adopted Ordinance 3111 adding Municipal
Code Chapter 2.25, General Rules for Boards and Commissions; and
WHEREAS,in 2016, the City restructured the Economic Development
Department creating the Office of Sustainability Section from the Conservation and
Environmental Services Sections; and
WHEREAS, the Economic Development Department Office of Sustainability
providesthe administrative support,working in conjunction with the Resource
Conservation Commissioners.And,
WHEREAS, the Resource Conservation Commission feels that the word
“Sustainability” more clearly describes the work they do and recommends to City
Council to change the name of the commission.
NOW THEREFORE the City Council of the City of Chula Vista does ordain to
change the name of the Resource Conservation Commission to the Sustainability
Commission modifying the City Municipal Code as follows:
Section I.
a)That sections 2.25.020, 2.25.030 and 2.25.040 of Chula Vista Municipal Code
Chapter2.25 “General Rules for Boards and Commissions,”be amended to read
as follows:
2.25.020Definitions
For purposes of this chapter, the following words are defined:
B. “Boards and commissions” include: (1) boards and commissions established
by the Chula Vista Charter: Board of Library Trustees, Civil Service Commission,
Parks and Recreation Commission, and Planning Commission; and (2) boards
and commissions established by the City Council: Access Appeals Board, Board
C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@A4054493\\@BCL@A4054493.doc
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Ordinance
Page 2
of Appeals and Advisors, Board of Ethics, Charter Review Commission, Child
Care Commission, Commission on Aging, Cultural Arts Commission, Economic
Development Commission, Growth Management Oversight Commission,
Housing Advisory Commission, Human Relations Commission, International
Friendship Commission, Mobilehome Rent Review Commission, Safety
Commission, Sustainability Commission, Veterans Advisory Commission, and
other boards or commissions subsequently created by City Charter or ordinance.
b)That CVMC Chapter 2.32 be amended to read as follows:
SUSTAINABILITY COMMISSION*
Sections:
2.32.010 Creation.
2.32.020 Purpose and intent.
2.32.030 Statement of City goals and policies.
2.32.040 Functions and duties.
2.32.050 Administrative functions.
2.32.060 Membership.
2.32.070 Meeting schedule.
2.32.090Repealed.
2.32.100Repealed.
* For provisions of the Environmental Quality Act of 1970 generally, see Public
Resources Code 21000, et seq.; for provisions authorizing attorney general intervention
in matters of environmental concern, see Gov. Code § 12600,et seq.
Prior legislation: Prior code § 1.718, Ords. 1299 and 1310.
2.32.010Creation.
The Resource Conservation Commission was created by ordinance in 1980; that
Commission has been renamed theSustainabilityCommission(the “Commission”). The
provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall
govern this Commission. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2,
1980).
2.32.020Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Commission, to create
a broadly based multifunctional commission to provide citizens’ advice to the City
Council in the areas of energy and water conservation, resource recovery,
environmental sustainability, and other related fields as determined by the City Council.
The Commission shall also provide this citizens’ advice to the other boards and
commissions, the City Manager and members of the City Manager’s staff on these
matters. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Ordinance
Page 3
2.32.030Statement of City goals and policies.
The goals and policies of the City that relate to the duties of the Sustainability
Commission are:
A. Create and maintain sustainable conditions under which man and nature can exist in
productive harmony to fulfill the social and economic requirements of present and future
generations;
B. Take all actions necessary to provide the people with clean air, land, and water,
enjoyment of aesthetic, natural and scenic qualities, and freedom from excessive noise;
C. Prevent the elimination of fish or wildlife species due to population intrusion, assist in
assuring that these populations do not drop below self-perpetuating levels, and
preserve for future generations representations of indigenous plant and animal
communities;
D. Ensure that the long-term protection of the environment shall be the guiding criterion
in decisions by the City;
E. Maximize the conservation and efficient utilization of nonrenewable energy
resources, and encourage the utilization of renewableenergy sources;
F. Maximize the recovery, recycling and reuse of discarded resources and minimize
waste generation through City action and cooperation with other public agencies and
private concerns;
G. Seek the fair treatment and meaningful involvement of all Chula Vista citizens with
respect to the development, implementation and enforcement of environmental laws,
regulations and policies;
H. Minimize any conflict with any national, state, regional or local environmental goals.
(Ord. 3211 § 6, 2011; Ord.3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.040Functions and duties.
A. The Commission shall provide the City Council with a citizens’ assessment of the
following:
1. The effectiveness of proposed goals, policies, procedures and regulations of the
City inaccomplishing the purpose, intent and goals of this chapter;
2. The extent to which the capital improvement program implements this chapter;
B. The Commission may submit to the City staff, other boards or commissions, or the
City Council recommendations concerning existing or new goals, policies, procedures or
regulations necessary to implement this chapter;
C. The Commission may recognize individuals or groups in the community who have
implemented notable measures to foster the purpose, intent and goals of this chapter;
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Ordinance
Page 4
D. The Commission may hold hearings relating to any matter under investigation or in
question before this Commission;
E. With regard to energy and water conservation and resource recovery:
1. The Commission shall review and make a recommendation to the City Council for
the disposition of appeals regarding the administration of CVMC Title 20, Energy
and Water Conservation, except those portions which are within the scope of the
Board of Appeals and Advisors and the Planning Commission.
2. TheCommission shall review and make a recommendation to the City Council for
the disposition of appeals regarding the administration of Chapter 8.24 CVMC, Solid
Waste and Litter, and Chapter 8.25 CVMC, Recycling, except those portions which
are within the scope of the Planning Commission. (Ord. 3211 § 6, 2011; Ord. 3198 §
3, 2011; Ord. 1928 § 2, 1980).
2.32.050Administrative functions.
A. In the event that private funds or funds from other governmental agencies are made
available for special projects, surveys, educational programs or general program
support, the City Manager is authorized, upon recommendation of the Commission and
approval of the Council, to enter into appropriate contracts for the utilization of such
funds in furtherance of the purpose and intent of, and the duties and functions of, the
Commission.
B. The Sustainability Commission shall have no power or right to acquire any property
for or on behalf of itself or the City, nor shall it acquire or hold any money for itself or on
behalf of the City. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.060Membership.
The Sustainability Commission shall consist of seven members, to be appointed in
accordance with Article VI of the City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 6,
2011).
2.32.070Meeting schedule.
The Commission shall hold its regular meetings on the second Monday of each month
at a place and time determined by resolution of the Commission. The Commission may
change its regular meeting day, time, or location by written resolution in accordance
with CVMC 2.25.200. (Ord. 3211 § 6, 2011).
2.32.090Historical site permit process.
Repealed by Ord. 3198 § 3, 2011.(Ord. 1928 § 2, 1980).
2.32.100Implementation of Sustainability Commission functions in designated
areas byChula Vista redevelopment corporation.
Repealed by Ord. 3153 § 2 (Exh. B), 2010. (Ord. 3009 § 2, 2005).
Section II.Severability
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Ordinance
Page 5
If any portion of this Ordinance, or its application to any person or circumstance,
isfor any reason held to be invalid, unenforceable or unconstitutional, by a court of
competent jurisdiction, that portion shall be deemed severable, and such invalidity,
unenforceability or unconstitutionality shall not affect the validity or enforceability of the
remaining portions of the Ordinance, or its application to any other person or
circumstance. The City Council of the City of Chula Vista hereby declares that it would
have adopted each section, sentence, clause or phrase of this Ordinance, irrespective
of the fact that any one or more other sections, sentences, clauses or phrases of the
Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement,
notto duplicate or contradict, applicable state and federal law and this Ordinance shall
be construed in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final
passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall cause the same to be published or posted according to law.
Presented byApproved as to form by
______________________________________________________________
Eric CrockettGlen R. Googins
Director, Economic Development City Attorney
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page1/11
Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
Chapter 2.25
GENERAL RULES FOR BOARDS AND COMMISSIONS
Sections:
2.25.010 Applicability.
2.25.020 Definitions.
2.25.030 Membership – Qualifications and eligibility as voting member.
2.25.040 Membership – Qualifications and eligibility as ex officio member.
2.25.050 Membership – Applications – Interview, nomination and appointment process.
2.25.055 Membership – Reappointment process.
2.25.060 Membership – Oath of office – Effective date of taking office.
2.25.070 Membership – Terms – Initial terms for new boards and commissions.
2.25.080 Membership – Terms – Standard term of office – Holdover office.
2.25.090 Membership – Terms – Two-consecutive-term limit for voting and ex officio members – Exceptions.
2.25.100 Membership – Terms – Filling unexpired terms.
2.25.110 Attendance requirements – Excused absences – Removal for cause.
2.25.120 Attendance reports required annually.
2.25.130 Code of ethics.
2.25.140 Compensation and expenses – Use of business cards.
2.25.150 Conflicts of interest – Recusal from discussion and voting.
2.25.160 Mandatory training sessions.
2.25.170 Operations – Bylaws may be adopted.
2.25.180 Operations – Election of chair and vice chair.
2.25.190 Operations – Duties of chair, vice chair and chair pro tem.
2.25.200 Operations – Regular meetings required – Special meetings allowed – Time and location to be
established by resolution – Brown Act requirements.
2.25.205 Operations – Conduct of meetings.
2.25.210 Operations – Agenda preparation, posting, and availability.
2.25.220 Operations – Meeting cancellation – Notice required.
2.25.230 Operations – Minutes required – Form and content – Retention of recordings.
2.25.240 Operations – Quorum and voting requirements.
2.25.250 Operations – Appointment of subcommittees.
2.25.260 Operations – Staff support.
2.25.270 Operations – Gifts, grants and contracts – Council approval required.
2.25.280 Operations – Annual activity report required – Other reports and recommendations – Individual
communications by members.
2.25.290 Vacancies – Written notification from chair required.
2.25.300 Vacancies – Posting required.
2.25.010Applicability.
Unless otherwise specially stated in this chapter or in the ordinance or Charter provision creating the particular
board or commission, this chapter applies to all boards and commissions, whether created by City Charter,
ordinance, state or other law. If there is a conflict between the Charter and the Municipal Code, Charter provisions
shall prevail. (Ord. 3251 § 1, 2013; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.020Definitions.
For purposes of this chapter, the following words are defined:
A. “Abandonment” means the intentional relinquishment of voting membership ona board or commission without a
formal resignation having been submitted to the City.
B. “Boards and commissions” include: (1) boards and commissions established by the Chula Vista Charter: Board of
Library Trustees, Civil Service Commission, Parks and Recreation Commission, and Planning Commission; and (2)
boards and commissions established by the City Council: Access Appeals Board, Board of Appeals and Advisors,
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page2/11
Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
Board of Ethics, Charter Review Commission, Child Care Commission, Commission on Aging, Cultural Arts
Commission, Economic Development Commission, Growth Management Oversight Commission, Housing
Advisory Commission, Human Relations Commission, International Friendship Commission, Mobilehome Rent
Review Commission, Resource Conservation CommissionSustainability Commission, Safety Commission, Veterans
Advisory Commission, and other boards or commissions subsequently created by City Charter or ordinance.
C. “Brown Act” means the Ralph M. Brown Act, Government Code Section 54950 et seq., commonly referred to as
the Brown Act or the California Open Meeting Law.
D. “Cause” includes:
1. Conviction of a felony or crime involving moral turpitude;
2. Absence from three regular, consecutive meetings of the board or commission, unless excused by majority
vote of its members, as expressed in its official minutes;
3. Absence from more than 50 percent of the regularly scheduled meetings of the board or commission in one
calendar year, whether or not excused by a majority vote of its members;
4. Abandonment;
5. Failure to attend training sessions mandated by the City;
6. Violation of any City policies or City, state or federal regulations that are the subject of mandatory training
sessions; or
7. Violation of the City’s code of ethics.
E. “Entire voting membership” or “entire membership” means those individuals who have been appointed to, have
been sworn in to serve on, have not been removed from, have not vacated their seat on, and who are eligible and
entitled to vote as members of a board or commission. It does not include ex officio members and does not include
any seat specified in the Charter provision or ordinance creating the board or commission that is unfilled due to an
“event of vacancy,” pursuant to subsection (J) of this section. Notwithstanding theforegoing, at least one-half of the
seats specified in the Charter provision or ordinance creating the board or commission must be filled in order for the
board or commission to act. For example, if a seven-member board has two vacancies, the remaining five members
constitute the “entire membership.” Accordingly, an action that requires a majority vote could be taken if at least
three of the board members vote in its favor. The City Council intends that this definition clarify the term “entire
membership” as used in Section 603 of the City Charter.
F. “Ex officio members” means the individuals who are appointed by the City Council to serve in an advisory
capacity on a board or commission, but who are not entitled to vote or to make motions. “Ex officio members” do
not include City staff who provide information to or sit with a board or commission.
G. “Member” means an individual who has been appointed to, has been sworn in to serve on, has not been removed
from, and who has not vacated his or her seat on a board or commission. “Members” includes voting members and
ex officio members.
H. “Registered voter” means an individual who is registered to vote in City of Chula Vista elections.
I. “Resignation” means a formal renouncement or relinquishment of voting membership on a board or commission.
J. “Vacancy” or “event of vacancy” means any of the following events:
1. Expiration of a member’s term of office;
2. The death of a member;
3. A member has been removed for cause by three affirmative votes of the City Council;
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page3/11
Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
4. The disability of a member that renders the member incapable of performing the duties of his or her office;
5. A member’s conviction of a felony or crime involving moral turpitude;
6. A member’s abandonment of office;
7. A member’s absence from three regular, consecutive meetings of the board or commission, unless excused
by majority vote of the members and expressed in its official minutes;
8. A member’s absence from 50 percent of the regularly scheduled meetings in one calendar year, whether or
not excused by majority vote of the board or commission;
9. A member has submitted a resignation that has been accepted by the City Council;
10. A member ceases to be a registered voter of the City when that criterion is required for membership on a
board orcommission;
11. A member loses the status or classification that qualified the individual to become a member of a particular
board or commission; or
12. A member becomes a salaried officer or employee of the City.
K. “Voting member” means an individual appointed by the City Council who is entitled to vote and make motions in
his or her capacity as a member of a board or commission. (Ord. 3268 § 3, 2013; Ord. 3251 § 1, 2013; Ord. 3213 §
1, 2011; Ord. 3111 § 1, 2008).
2.25.030Membership – Qualifications andeligibility as voting member.
This section implements City Charter Section 602(d) and policies consistent with other portions of the Charter
pertaining to qualifications for voting membership and eligibility to serve on boards and commissions.
A. Except as provided in subsection (B) of this section, voting members of boards and commissions shall be
registered to vote in City of Chula Vista elections.
B. Voting members of boards and commissions who are advisory only and whose duties involve regional issues are
not required to be registered to vote in City of Chula Vista elections; however, the appointment of individuals who
are not registered voters must be approved by four affirmative votes of the City Council.
C. An individual is eligible to serve on only one board or commission at a time.
D. A salaried officer or employee of the City is not eligible to be appointed to a board or commission. (Ord. 3213 §
1, 2011; Ord. 3111 § 1, 2008).
2.25.040Membership – Qualifications and eligibility as ex officio member.
The City Council may appoint ex officio members to any board or commission because of particular background or
experience that the City Council deems will assist a particular board or commission in handling a discrete set of
issues. Ex officiomembers are not required to be registered voters and are subject to term limits as described in
CVMC 2.25.080, 2.25.090, and 2.25.100. Ex officio members are not entitled to vote or to make motions. (Ord.
3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.050Membership – Applications – Interview, nomination and appointment process.
A. The City Clerk shall maintain applications for prospective membership on boards and commissions. The
application shall provide a place for an individual to state the reasons he or she seeks appointment to a particular
board or commission and his or her qualifications for service on a particular board or commission.
B. An individual who has submitted an application for appointment as a voting or ex officio member of any board or
commission may be interviewed as part of the nomination and selection process.
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page4/11
Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
C. When a vacancy occurs on a board or commission, the City Clerk shall forward applications received for the
vacant position to the Mayor, who shall review the forwarded applications, select applicants to be interviewed,
interview selected applicants, and make nominations for appointment, subject to the City Council’s approval, for all
boards and commissions except for the Board of Ethics, Civil Service Commission, Growth Management Oversight
Commission, Mobilehome Rent Review Commission, Planning Commission, and Parks and Recreation
Commission.
D. The Mayor shall forward applications for membership on the Board of Ethics to a panel consisting of at least two
city managers rotated from cities in San Diego County, excluding Chula Vista. The panel shall review the
applications, interview applicants, and recommend one applicant for each available seat to the City Council for
appointment.
E. Vacancies on the Growth Management Oversight Commission, Planning Commission, Parks and Recreation
Commission, and the two seats on the Civil Service Commission whose members are appointed by the City Council
directly shall be appointed in accordance with Chapter 2.53 CVMC.
F. The nomination and appointment process for the Civil Service Commission shall be conducted in accordance with
Charter Section 609 and CVMC 2.43.050.
G. The nomination and appointment process for the Mobilehome Rent Review Commission shall be conducted in
accordance with Chapter 2.31 CVMC and this subsection.
1. The Mayor shall review applications for all ex officio members and one voting member, select applicants to
be interviewed for those positions, interview selected applicants, make nominations for appointment subject to
the City Council’s approval, and schedule a vote on the nominations on the next available Council meeting’s
agenda.
2. The four remaining voting positions are tied to a particular Council seat. When a vacancy occurs in one of
the four positions, the City Clerk shall forward applications to the Councilmember filling the corresponding
Council seat. The Councilmember shall review the applications, select applicants to be interviewed, and
interview selected applicants. The Councilmember shall then nominate an applicant for appointment to the
available position and request that the nomination be scheduled for vote on the next available Council
meeting’s agenda.
H. Members of each board and commission shall be appointed by at least three affirmative votes of the City Council.
(Ord. 3370 § 2, 2016; Ord. 3253 § 1, 2013; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.055Membership – Reappointment process.
A. In the year of the expiration of a member’s term, unless otherwise requested by the nominating authority for the
particular board or commission seat, the City Clerk shall schedule the reappointments for eligible and interested
members at a meeting of the City Council in June, or as soon as practicable thereafter, for all boards and
commissions, except members of the following commissions who will have served more than one year as of the date
of their term expiration: Growth Management Oversight Commission, Planning Commission, Parks and Recreation
Commission, and the two members of the Civil Service Commission who are appointed by the City Council directly.
B. Prior to reappointment, the Mayor and City Council shall interview interested and eligible members of the
following commissions who will have served more than one year as of the date of their term expiration: Growth
Management Oversight Commission, Planning Commission, Parks and Recreation Commission, and the two
members of the Civil Service Commission who are appointed by the City Council directly. Following the
interviews, the Mayor and City Council shall vote whether or not to reappoint the incumbents.
C. In addition to the attendance reports provided under CVMC 2.25.120, the City Clerk shall provide the Mayor and
City Councilmembers a report on members’ compliance with mandatory training required by CVMC 2.25.160for
consideration during the reappointment process.
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page5/11
Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
D. Regardless of the applicable reappointment process, each member of a board or commission shall be reappointed
by at least three affirmative votes of the City Council. When an incumbent is not reappointed, the seat shall be filled
using the applicable appointment process. (Ord. 3366 § 1, 2016).
2.25.060Membership – Oath of office – Effective date of taking office.
The City Clerk or his or her designee shall administer the oath of office to newly appointed voting and ex officio
members. Newly appointed voting members must take the oath of office before they may vote as a member of the
board or commission to which they have been appointed. Voting members assume their office on the date they take
the oath of office. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.070Membership – Terms – Initial terms for new boards and commissions.
Initial terms of office for newly established boards or commissions shall be determined in accordance with City
Charter Section 602(b). (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.080Membership – Terms – Standard term of office – Holdover office.
A. The standard term of office for board and commission members is four years. The standard term begins July 1st
and ends June 30th four years later.
B. At the end of any voting member’s term, he or she shall be permitted to continue to exercise the privileges of his
or her former office until the office is filled by the appointment of a qualified successor. (Ord. 3213 § 1, 2011; Ord.
3111 § 1, 2008).
2.25.090Membership – Terms – Two-consecutive-term limit for voting and ex officio members –
Exceptions.
A. Members are limited to serving a maximum of two consecutive terms, except as provided in CVMC 2.25.100(C).
B. An individual who has served two consecutive terms may be reappointed to the same board or commission after
an interval of two years has passed. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.100Membership – Terms – Filling unexpired terms.
A. If a vacancy on any board or commission occurs prior to the expiration of a term of office, any appointment to fill
the vacancy shall be for the remaining unexpired term of office.
B. A voting member who currently sits on a particular board or commission may not be appointed to fill the
unexpired term of another voting member’s vacated seat on that same board or commission. An individual who
currently sits as an ex officio member of a board or commission may be appointed to fill the unexpired term of a
voting member’s vacated seat on the same board or commission if the ex officio member meets the eligibility
criteria for voting membership. The appointment process shall be the same as provided forin CVMC 2.25.050.
C. An unexpired term with fewer than two years remaining is not considered a “term” for purposes of the
two-consecutive-term limit set forth in CVMC 2.25.090. Therefore, an individual appointed to fill an unexpired term
of less than two years may subsequently be appointed to two full terms.
D. An unexpired term of two years or more is considered a “term” for purposes of the two-consecutive-term limit set
forth in CVMC 2.25.090. Therefore, an individual appointed to fill an unexpired term of two years or more may
subsequently be appointed to only one additional, consecutive term.
E. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or equals two
years, the starting date of the unexpired term shall be the date the new appointee takes the oath of office, and the end
date of the unexpired term shall be the expiration date of the vacating member’s term of office. (Ord. 3213 § 1,
2011; Ord. 3111 § 1, 2008).
2.25.110Attendance requirements – Excusedabsences – Removal for cause.
A. The City Council relies on advice of the City’s boards and commissions that grows from discussions among
appointed members. The City Council anticipates that members appointed to the City’s boards and commissions will
makeevery reasonable effort to attend all regular meetings of their respective boards or commissions, to attend
special meetings, and to be prepared to discuss matters on their respective agendas.
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page6/11
Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
B. The City Charter requires that any board or commission member who is absent from three consecutive, regular
meetings will be deemed to have vacated his or her membership on the particular board or commission, unless his or
her absence is excused by a majority vote of the other members, as reflected in the officialminutes of the board or
commission.
C. Board and commission members, by a majority vote, may excuse a fellow board or commission member’s
absence from meetings for any of the following reasons:
1. Illness of the member, family member of the member, or personal friend of the member;
2. Business commitment of the member that interferes with the attendance of the member at a meeting;
3. Previously scheduled vacation of the member, notice of which was provided to the respective board or
commission in advance of the meeting;
4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant
event;
5. Unexpected, emergency situation that prohibits the member’s attendance; or
6. Other reason for which the member has given notice to the chair or secretary of his or her unavailability 15
days in advance, as long as the unavailability is not expected to last for longer than 30 days.
D. Members shall vote on excusing a member’s absence from a regular meeting. The vote shall be reflected in the
official minutes for the meeting at which the vote was taken.
E. A Council subcommittee comprised of the Mayor and Deputy Mayor shall monitor the attendance records of
board and commission members submitted by board and commission chairs pursuant to CVMC 2.25.290. The
subcommittee may make recommendations to the full Council for a vote on the removal of a member for cause. A
voting or ex officio member may be removed for cause by three affirmative votes of the City Council. (Ord. 3306 §
1, 2014; Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.120Attendance reports required annually.
The secretary for each board and commission shall prepare an annual written report of attendance, noting the
percentage of absences of members for the preceding fiscal year. The report shall be delivered to the City Clerk no
later than June 30th of each year. The City Clerk shall forward the report to the Mayor and City Councilmembers,
who may use this information inconsidering reappointment to second terms. (Ord. 3213 § 1, 2011; Ord. 3111 § 1,
2008).
2.25.130Code of ethics.
Voting and ex officio members of boards and commissions are public officials and, therefore, act as agents for the
public’s purpose and hold office for the public’s benefit. As public officials, they
are bound to uphold the law, observe in their official acts a high standard of morality and discharge faithfully the
duties of their office, recognizing that the public interest must be a primary concern. Members of boards and
commissions are expected to conform to the City’s code of ethics, found in Chapter 2.01 CVMC. If a board or
commission member is in doubt about whether the code of ethics applies to a particular situation, the member may
requestin writing an advisory opinion from the Board of Ethics. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.140Compensation and expenses – Use of business cards.
A. Members of boards and commissions shall serve without compensation for their services.
B. Members of boards and commissions may receive reimbursement for necessary travel and other expenses
incurred on official duty to the extent that appropriations for such expenses have been provided by the City Council
in approving the board or commission’s budget.
C. Members of boards and commissions are authorized to use business cards showing their affiliation with their
particular board or commission only if:
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page7/11
Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
1. Business cards are used in relation to the duties and functions of the particular board or commission;
2. City funds are used to pay for the business cards; and
3. Appropriations for such expenses have been provided by the City Council in approving the budget for the
particular board or commission. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.150 Conflicts of interest – Recusal from discussion and voting.
A. Voting and ex officio members of certain boards and commissions may be required to file statements of
economic interest as determined in the City’s conflict of interest code. The City Clerk will notify members who are
required to file the statements.
B. The state’s Political Reform Act and the City’s conflict of interest code state that no person shall make or
participate in the making of a governmental decision that he or she knows, or has reason to know, will have a
reasonably foreseeable material financial effect on him or her distinguishable from its effect on the public generally.
The Political Reform Act and implementing regulations require a public official diligently to monitor his or her
business interests, real property, sources of income, gifts, and personal finances to ensure that he or she does not
participate in an action in which he or she has a conflict of interest.
C. When a member has a conflict of interest, or the appearance of a conflict of interest, he or she must publicly state
the nature of the conflict. Unless the item is on the consent calendar, the member must step down from the dais or
table and leave the room until consideration of the particular item is finished. Additionally, the disqualified member
may not be counted toward achieving a quorum while the item is being discussed. A member may consult the City
Attorney if he or she has a question about whether or not a conflict exists and whether or not he or she should
disqualify himself or herself from discussing or voting on an issue. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.160Mandatory training sessions.
A. Board and commission members are required to attend periodic training sessions on ethics laws as specified in
California Government Code Section 53234. Board and commission members shall participate in mandatory
training sessions in the first year of appointment to their particular board or commission, and at least once every two
years thereafter. The CityAttorney or his or her designee will provide sufficient opportunities to board and
commission members to allow them to fulfill this requirement. The City Attorney or his or her designee shall
monitor members’ attendance at mandatory training sessions within the required time period. The City Attorney or
his or her designee shall notify the City Clerk, who shall notify the Mayor, if a member fails to attend mandatory
training sessions within the required time period.
B. Board and commission members may be required to attend periodic additional training sessions on the City’s
code of ethics, Brown Act requirements, sexual harassment laws and policies, and other laws or City policies as may
be determined.
C. The secretary of each board or commission shall be responsible for notifying members in writing of dates, times
and locations of training sessions.
D. The failure of a board or commission member to attend a mandatory training session may be considered cause for
removal from the particular board or commission to which he or she has been appointed. (Ord. 3213 § 1, 2011; Ord.
3111 § 1, 2008).
2.25.170Operations – Bylaws may be adopted.
Boards and commissions may adopt bylaws governing the internal conduct of their affairs. The bylaws must be
consistent with the City Charter, the Municipal Code, and applicable state law and shall include the method for their
amendment. The original bylaws and any amendments to the bylaws shall be delivered to the City Clerk for
preservation. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.180Operations – Election of chair and vice chair.
At the first regular board or commission meeting following July 1st of every year, or as soon as practicable
thereafter, each board or commission shall elect a chair from among its voting members. Each board and
commission may also elect a vice chair from among its voting members. The chair and any vice chair thus selected
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page8/11
Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
shall serve for a period of one year. The secretary shall notify the City Clerk whenever there is a change in chair or
vice chair. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.190Operations – Duties of chair, vice chair and chair pro tem.
The chair shall serveas presiding officer at meetings. In the absence of the chair, the vice chair, if any, shall serve as
presiding officer. In the absence of the chair and the vice chair, if any, the secretary shall call the meeting to order,
and the voting members shall select a chair pro tem from any of the board or commission’s voting members for
purposes of conducting business at that meeting. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.200Operations – Regular meetings required – Special meetings allowed – Time andlocation to be
established by resolution – Brown Act requirements.
A. As required by the City Charter, boards and commissions shall hold regular meetings. Except as otherwise stated
in this section, each board or commission shall hold its regular meetingsat least monthly. Each board or commission
shall establish the day, time and location for its regular meetings by written resolution. A board or commission may
change its regular meeting day, time or location only by a written resolution.
1. The Access Appeals Board shall meet on an as-needed basis, as determined by the filing of disabled access
complaints, but shall hold no more than one meeting each month at a time designated by the chair, or at 4:00
p.m. on the second Monday of each month, immediately prior to the meeting of the Board of Appeals and
Advisors.
2. The Board of Ethics shall hold meetings at the call of the chair or a majority of its members. The Board shall
hold at least one meeting annually.
3. The Charter Review Commission shall hold at least one regular meeting annually. Additionally, during years
when regularly scheduled general municipal elections are held, the Commission shall meet no later than the
first Wednesday of the seventh month preceding the next regularly scheduled general municipal election. By
written resolution, the Commission may establish other regular meeting times.
4. The Growth Management Oversight Commission shall hold meetings at the call of the chair and shall meet
no later than the first week of January of each year. By written resolution, the Commission may establish other
regular meeting times.
B. In addition to regular meetings, boards and commissions are authorized to call and hold any special meetings they
deem necessary, as long as the meetings are properly noticed. No written resolution is required to call a special
meeting.
C. As a general rule, boards and commissions shall hold their regular and special meetings at a City facility. Boards
and commissions may hold their meetings from time to time in other locations within the City, as long as meetings
are properly noticed.
D. All board and commission meetings shall be noticed and held in accordance with the requirements of the Brown
Act. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.205Operations – Conduct of meetings.
Pursuant to City Charter Section 603, board and commission meetings shall be open to the public. The rules
applicable to City Council meetings regarding oral communications, addressing members, presiding officer powers
and duties, and decorum and order, set forth in CVMC 2.04.130, 2.04.170, 2.04.210, 2.04.320, 2.04.330, and
2.04.340, shall apply to board and commission meetings. In applying those code provisions to board and
commission meetings, the terms “City Council,” “City Clerk,” “Council meeting,” and “Councilmember” shall be
replaced with “board or commission,” “board or commission secretary,” “board or commission meeting,” and
“board or commission member,” respectively. (Ord. 3251 § 1, 2013).
2.25.210Operations – Agenda preparation, posting, and availability.
A. Agendas must be prepared for all meetings in accordance with Brown Act requirements. Items may be placed on
the agenda by the chair, by majority vote of the members, or by City staff. The secretary for each board or
commission shall prepare meeting agendas in consultation with the chair. The secretary shall forward the agenda and
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page9/11
Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
supporting documents and materials to members in sufficient time in advance of a meeting to allow them to review
the materials prior to the meeting. Agendas and supporting documents shall be made available to the public at the
same time they are provided to the board or commission.
B. The board or commission secretary shall post agendas for regular meetings at least 72 hours prior to the meeting
in a placevisible and accessible to the public 24 hours each day. The secretary shall post agendas for special
meetings at least 24 hours prior to the meeting in a place visible and accessible to the public 24 hours each day.
C. The board or commission secretary shall forward agendas to the Mayor, City Council, City staff designated to
assist a particular board or commission, and individuals who have submitted a written request for meeting
information, at least 72
hours in advance of regular meetings and at least 24 hours in advance of special meetings. Agendas shall be made
available to the public at least 72 hours in advance of regular meetings, and at least 24 hours in advance of special
meetings, and at all meetings.
D. The agenda for each board or commission meeting shall provide time for the public to comment on each item on
the agenda. The agenda shall also include a section for public comments on matters not listed on the agenda but
within the jurisdiction of the particular board or commission. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.220Operations – Meeting cancellation – Notice required.
A. A meeting may be cancelled because of a lack of a quorum of voting members or the lack of agenda items.
B. If the board or commission secretary has advance notice that a meeting will not be held, the secretary shall post a
notice of cancellation in lieu of posting or mailing an agenda for the meeting.
C. If a quorum of voting members cannot be assembled on the date and at the time a meeting is scheduled to be held,
the secretary shall declare the meeting cancelled and post a notice of cancellation of the meeting on the door of the
room where the meeting was to be held. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.230Operations – Minutes required – Form and content – Retention of recordings.
A. The board or commission secretary shall prepare minutes for all meetings. The secretary shall present the minutes
at a subsequent meeting for approval by the board or commission members. The secretary shall transmit the original
minutes to the City Clerk for permanent preservation immediately after the board or commission has approved the
minutes. The secretary shall transmit copies of minutes of all meetings to the City Council within 10 days of
approval.
B. Minutes shall contain a record of each particular type of business transacted, set off in paragraphs with proper
subheadings. The secretary shall be required to make a record only of the business actually passed upon by a vote of
the board or commission members and shall not be required to make a verbatim transcript of the proceedings. A
record shall be made of the name and city of residence of persons addressing the board or commission, the title of
the subject to which their remarks related, and whether they spoke in support of or in opposition to the matter.
C. The board or commission secretary shall retain recordings of meetings, if any are made, only for the purpose of
accurately preparing minutes. When the board or commission formally approves the minutes of a particular meeting,
the secretary shall cause the recording for that meeting to be erased without further Council authorization; except
that recordings for a meeting involving a public hearing shall be kept for one year from the date of the public
hearing. The secretary shall cause the tapes for that meeting to be erased without further Council authorization.
(Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.240Operations – Quorum and voting requirements.
Unless otherwise required by state law or this chapter, the affirmative vote of a majority of the entire voting
membership of any board or commission shall be necessary for it to take any action except to adjourn. This
provision is intended to meet the requirements of City Charter Section 603. (Ord. 3213 § 1, 2011; Ord. 3111 § 1,
2008).
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page10/11
Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
2.25.250Operations – Appointment of subcommittees.
A. Boards and commissions may appoint subcommittees that they deem appropriate to provide advice on any matter
within the jurisdiction of the particular board or commission.
B. Subcommittees may be composed of board or commission members, as well as other residents appointed by the
particular board or commission. The chair of any subcommittee shall be a voting member of theboard or
commission that established the subcommittee.
C. Subcommittees may be standing committees or ad hoc committees.
D. Brown Act requirements pertaining to notices of meetings, agendas and public comments shall apply to meetings
of any standing subcommittee of whatever composition, and to any subcommittee that is composed of a quorum of
members of the board or commission. Subcommittees may not hold closed sessions.
E. The role of any subcommittee is to provide expertise and advice to board and commission members only.
Subcommittee members do not advise the City Council directly. Subcommittee members do not represent the City.
Subcommittee members should make every effort to ensure that recommendations and advice are directed to the
board or commission that established the subcommittee. Subcommittee members may not speak on behalf of the
board or commission without prior approval of a majority of the members of the board or commission. (Ord. 3213 §
1, 2011; Ord. 3111 § 1, 2008).
2.25.260Operations – Staff support.
A. Pursuant to City Charter Section 603, the City Manager shall appoint a staff person to serve as secretary to each
board and commission. In addition to other duties specified in this chapter, the secretary is responsible for finalizing
resolutions and performing other administrative duties, as necessary.
B. Pursuant to City Charter Section 605, the services of the Director of Public Works, the City Attorney, and the
Director of Development Services shall be made available to the Planning Commission.
C. The City Manager may make available other staff and clerical support as requested by a board or commission to
fulfill its functions and duties, provided such staff and clerical support are available.
D. Staff persons assigned to assist boards andcommissions shall not be considered voting or ex officio members of
those boards and commissions. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.270Operations – Gifts, grants and contracts – Council approval required.
A board or commission may not accept gifts or grants from any source absent approval from the City Council. A
board or commission may not commit or attempt to commit the City to any contract or other agreement without first
obtaining authority from the City Council to do so. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.280Operations – Annual activity report required – Other reports and recommendations – Individual
communications by members.
A. By July 1st of every year, each board and commission shall prepare and submit to the City Clerk a written report
of its activities. The City Clerk shall forward copies of each report to the City Council. The annual report shall also
contain other specific information or findings required by the ordinance creating a particular board or commission.
B. In addition to the annual report, a board or commission may make other reports to the City Council, either orally
or in writing, at a public session of the City Council. Minority reports, if any, shall be submitted in writing
concurrent with the majority reports.
C. Boards and commissions shall forward proposals, suggestions, or recommendations to the City Council after
formal board or commission action has been taken, within 10 working days of the meeting at which the action was
taken. Board and commission policy positions should be formulated and stated in such a way as to ensure
understanding by the public that the stated positions are not the official policy of the City until recommended to, and
adopted by, theCity Council.
D. Individual board or commission members may speak on behalf of their respective board or commission only after
a vote of the particular board or commission. Individual members making recommendations or expressing views
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page11/11
Chapter 2.25 GENERAL RULES FOR BOARDS AND
COMMISSIONS
that have not been officially voted on by a majority of the body shall indicate that they are expressing themselves as
private citizens, not as representatives of their respective board or commission. (Ord. 3213 § 1, 2011; Ord. 3111 § 1,
2008).
2.25.290Vacancies – Written notification from chair required.
A. The chair of each board or commission shall notify the City Clerk in writing, or cause the City Clerk to be
notified in writing, if a voting member appears to have abandoned his or her office on the board or commission; if a
voting member misses three regular, consecutive meetings of the board or commission without being excused by a
majority vote of the board or commission as expressed in its official minutes; or if a voting or ex officio member
misses more than 50 percent of the board or commission’s regularly scheduled meetings in one calendar year,
whether or not excused by the other members.
B. The City Clerk shall notify the Mayor in writing of reported abandonment or missed meetings, or when a member
has failed to attend mandatory training sessions. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
2.25.300Vacancies – Posting required.
A. In accordance with the Maddy Act, Government Code Section 54970, et seq., on or before December 31st of
each year, or as soon as practicable thereafter, the City Clerk shall post a notice of vacancies that are anticipated to
occur during the ensuing calendar year due to the expiration of voting members’ terms of office.
B. If an unexpected vacancy occurs for a reason set forth in CVMC 2.25.020 under the definition of the term
“vacancy,” the City Clerk shall post a notice of vacancy and notify the City Council so that action can be taken to
fill the vacancy. (Ord. 3213 § 1, 2011; Ord. 3111 § 1, 2008).
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page1/3
Chapter 2.32 RESOURCE CONSERVATION
COMMISSIONSUSTAINABILITY COMMISSION *
Chapter 2.32
RESOURCECONSERVATION COMMISSIONSUSTAINABILITY COMMISSION *
Sections:
2.32.010 Creation.
2.32.020 Purpose and intent.
2.32.030 Statement of City goals and policies.
2.32.040 Functions and duties.
2.32.050 Administrative functions.
2.32.060 Membership.
2.32.070 Meeting schedule.
2.32.090 Repealed.
2.32.100 Repealed.
* For provisions of the Environmental Quality Act of 1970 generally, see Public Resources Code 21000, et seq.; for
provisions authorizing attorney general intervention in matters of environmental concern, see Gov. Code § 12600, et seq.
Prior legislation: Prior code § 1.718, Ords. 1299 and 1310.
2.32.010Creation.
There is hereby created a Resource Conservation CommissionThe Resource Conservation Commission was created
by ordinance in 1980; that Commission has been renamed the Sustainability Commission (the “Commission”)..The
provisions of Article VI of the City Charter, Chapter 2.25 CVMC and this chapter shall govern this Commission.
(Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.020Purpose and intent.
It is the purpose and intent of the City Council, in establishing the Resource ConservationCommission, to create a
broadly based multifunctional commission to provide citizens’ advice tothe City Council in the areas of energy and
water conservation, resource recovery, environmental sustainability, and other related fields as determined by the
City Council. The Commission shall also provide this citizens’ advice to the other boards and commissions, the City
Manager and members of the City Manager’s staff on these matters. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord.
1928 § 2, 1980).
2.32.030Statement of City goals and policies.
The goals and policies of the City that relate to the duties of the Resource Conservation CommissionSustainability
Commission are:
A. Create and maintain sustainable conditions under which man and nature can exist in productive harmony to fulfill
the social and economic requirements of present and future generations;
B. Take all actions necessary to provide the people with clean air, land, and water, enjoyment of aesthetic, natural
and scenic qualities, and freedom from excessive noise;
C. Prevent the elimination of fish or wildlife species due to population intrusion, assist in assuring that these
populations do not drop below self-perpetuating levels, and preserve for future generations representations of
indigenous plant and animal communities;
D. Ensurethat the long-term protection of the environment shall be the guiding criterion in decisions by the City;
E. Maximize the conservation and efficient utilization of nonrenewable energy resources, and encourage the
utilization of renewable energy sources;
F. Maximize the recovery, recycling and reuse of discarded resources and minimize waste generation through City
action and cooperation with other public agencies and private concerns;
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page2/3
Chapter 2.32 RESOURCE CONSERVATION
COMMISSIONSUSTAINABILITY COMMISSION *
G. Seek the fair treatment and meaningful involvement of all Chula Vista citizens with respect to the development,
implementation and enforcement of environmental laws, regulations and policies;
H. Minimize any conflict with any national, state, regional or local environmental goals. (Ord. 3211 § 6, 2011; Ord.
3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.040Functions and duties.
A. The Commission shall provide the City Council with a citizens’ assessment of the following:
1. The effectiveness of proposed goals, policies, procedures and regulations of the City in accomplishing the
purpose, intent and goals of this chapter;
2. The extent to which the capital improvement program implements this chapter;
B. The Commission may submit to the City staff, other boards or commissions, or the City Council
recommendations concerning existingor new goals, policies, procedures or regulations necessary to implement this
chapter;
C. The Commission may recognize individuals or groups in the community who have implemented notable
measures to foster the purpose, intent and goals of this chapter;
D.The Commission may hold hearings relating to any matter under investigation or in question before this
Commission;
E. With regard to energy and water conservation and resource recovery:
1. The Commission shall review and make a recommendation to the City Council for the disposition of appeals
regarding the administration of CVMC Title 20, Energy and Water Conservation, except those portions which
are within the scope of the Board of Appeals and Advisors and the Planning Commission.
2. The Commission shall review and make a recommendation to the City Council for the disposition of appeals
regarding the administration of Chapter 8.24 CVMC, Solid Waste and Litter, and Chapter 8.25 CVMC,
Recycling, except those portions which are within the scope of the Planning Commission. (Ord. 3211 § 6,
2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.050Administrative functions.
A. In the event that private funds or funds from other governmental agencies are made available for special projects,
surveys, educational programs or general program support, the City Manager is authorized, upon recommendation of
the Commission and approval of the Council, to enter into appropriate contracts for the utilization of such funds in
furtherance of the purpose and intent of, and the duties and functions of, the Commission.
B. The Resource Conservation CommissionSustainability Commission shall have no power or right to acquire any
property for or on behalf of itself or the City, nor shall it acquire or hold any money for itself or on behalf of the
City. (Ord. 3211 § 6, 2011; Ord. 3198 § 3, 2011; Ord. 1928 § 2, 1980).
2.32.060Membership.
The Resource Conservation CommissionSustainability Commission shall consist of seven members, to be
appointed in accordance with Article VI of the City Charter and Chapter 2.25 CVMC. (Ord. 3211 § 6, 2011).
2.32.070Meeting schedule.
The Commission shall hold its regular meetings on the second Monday of each monthat 4:00 p.m. in the Executive
Conference Room (C-103), located in Building 100 (City Hall) in the Civic Center at 276 Fourth Avenueat a place
and timedetermined, at a time to be setby resolution of the Commission. The Commission may change its regular
meeting day, time, or location by written resolution in accordance with CVMC 2.25.200. (Ord. 3211 § 6, 2011).
2.32.090Historical site permit process.
Repealed by Ord. 3198 § 3, 2011.(Ord. 1928 § 2, 1980).
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista Municipal Code Page3/3
Chapter 2.32 RESOURCE CONSERVATION
COMMISSIONSUSTAINABILITY COMMISSION *
2.32.100Implementation of resource conservation commissionSustainability Commission functions in
designated areas by Chula Vista redevelopment corporation.
Repealed by Ord. 3153 § 2 (Exh. B), 2010. (Ord. 3009 § 2, 2005).
The Chula Vista Municipal Code is current through Ordinance 3372, passed August 16, 2016.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
City of Chula Vista
Staff Report
File#:16-0494, Item#: 4.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAADOPTINGTHEWATER
STEWARDSHIPPLANASAPOLICYFRAMEWORKDOCUMENTTOASSISTINWATER
CONSERVATION, REUSE AND CLIMATE ACTION PLAN IMPLEMENTATION
RECOMMENDED ACTION
Council adopt the resolution
SUMMARY
The attached draft Water Stewardship Plan (plan) was a recommended action item of the City’s
Climate Change Working Group that was adopted by City Council in 2014. The plan is a policy
guidance document to assist in water conservation, water reuse and meeting the City’s climate action
plan goals.
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectqualifiesforaClass8CategoricalExemptionpursuanttoSection15308(Actionsby
RegulatoryAgenciesforProtectionoftheEnvironment)oftheCaliforniaEnvironmentalQualityAct
State Guidelines. Thus, no further environmental review is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass
8CategoricalExemptionpursuanttoSection15308(ActionsbyRegulatoryAgenciesforProtection
oftheEnvironment)oftheStateCEQAGuidelinesbecausetheproposalinvolvesadoptionofthe
waterstewardshipplanasapolicyframeworkdocumenttoassistinwaterconservationresultingin
further protection of the environment. Thus, no further environmental review is required.
BOARD/COMMISSION RECOMMENDATION
OnOctober10,2016boththeResourceConservationCommissionandtheHealthyCommunity
AdvisoryCommission,attheirspecialjointmeetingatHighTechHighSchool,votedtorecommend
that City Council adopt the Water Stewardship Plan.
DISCUSSION
The attached draft Water Stewardship Plan had its beginning as a recommended action item of the
City’s Climate Change Working Group which was adopted by City Council in 2014, Resolution #2014-
224.
Water Conservation and Reuse-
#3.ADevelopaWaterReuseMasterPlantomaximizetheuseofstormwater,recycledwater
City of Chula VistaPage 1 of 5Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0494, Item#: 4.
(such as indoor commercial use), and onsite water reclamation.
In2015,ChulaVistawasawardedagrantfromtheSanDiegoFoundationandtheBloombergAward
forLocalSustainabilityMatchingFund-aprojectoftheFunders’NetworkforSmartGrowthand
LivableCommunities,supportedthisdevelopmentprojectsothatChulaVista’sWaterStewardship
Planmightbesharedwithotherjurisdictions.StaffisrequestingtheCityCounciltoadoptthe
resolutionadoptingtheWaterStewardshipPlanasaguidancedocumentforwaterconservationand
reuse in the City of Chula Vista.
TheconsultingteamofHaley&AldrichandJBCGroupsstartedthedevelopmentprocessbyfirst
conductingadiscoveryworkshoptoidentifythewaterconservationandreuseactivitiesthatwere
currentlyinplaceincityoperationsandwithinthecommunity.Fromthere,thecurrentactivitieswere
classified into the following categories:
Administration & Funding
Water Supply & Infrastructure
Built Environment
Landscaping & Irrigation
Theconsultingteamcreatedlargebrainstormingboardswhichdisplayedexistingprogram/activity
information,newideasandbestpractices,andareasforreceivingotherideasandstakeholders
comments.Additionally,attendeesweregivenheartstickerstoplaceonanyalreadyidentified
activitiesthattheysupported.Thesubsequentpublicworkshopsaskedallstakeholderstohelp
develop the vision for the plan and the goals.
ThiswasaverycollaborativeprocesswhichtookplacefromJanuarythroughJuly,2016.
Stakeholdersincludedresidents,businesses,businessassociations,citystaff,andwateragencies.
Thewateragencieswereveryactiveparticipantsintheprocessandattendedalltheworkshops,
providingmeaningfulcommentsandsuggestions.Inadditiontothecommunityworkshops,therewas
anonlineopportunitywherethebrainstormingboardsandinformationwereputintoaSurveyMonkey
allowingthosewhocouldnotattendthepublicworkshopstoprovidecomments.Oneofthe
brainstorming boards are included below as a sample.
City of Chula VistaPage 2 of 5Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0494, Item#: 4.
Plan Framework
Theconsultingteamthensynthesizedthe400piecesofinformationreceiveddowntofive
overarching actions/goals which make up the framework of the Water Stewardship Plan.
City of Chula VistaPage 3 of 5Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0494, Item#: 4.
EachoftheactionsorgoalsiscomprisedofstrategiesforimplementationwithinCityoperationsand
inpartnershipwiththeresidentsandbusinessesofChulaVista.Eachofthestrategiesdelineates
howtheCitywillworktoimplementtheoverallplan.Citystaffhasassignedresponsibilityanda
timelineforachievingeachofthestrategies,anddescribeswhatresourceswillberequiredto
achievethemaswellaswhichstakeholderswillbeincluded.Eachstrategyrelatestoactivitiesthat
arewiththepurviewofCityOperations,OpenSpacesandParkfacilities,residentsorbusinesses.
Many strategies apply to all or some of these and are denoted by the following icons.
Lastly, Staff has assigned timeframes for implementation for each strategy, which are categorized as
Short-term = 0-2 years
Medium-term = 3-5 years
Long-term = 6-10 years
Additionally,throughthiscivicengagementprocessstakeholderssuggestedthatthenameofthe
documentshouldchangetotheWaterStewardshipPlanasitwasabetterrepresentationofthe
contentthanMasterPlan.Thevisionfortheplan,ascreatedbyinputfromstakeholders,providesthe
tone and direction for the plan:
TheCityofChulaVistaisaprovenstewardofwaterresources,wherelocalresidents,
businesses,utilityprovidersandmunicipalstaffareproactive,accountableandengagedin
eliminating water waste, and embracing the region’s natural landscape.
City of Chula VistaPage 4 of 5Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0494, Item#: 4.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18702.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyother
fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.TheWater
StewardshipPlan,asacomponentoftheClimateActionPlandirectlycontributestotheHealthy
Communitygoalaswelooktoimplementstrategiestoreduceclimatechangeimpactsandprepare
for resiliency.
CURRENT YEAR FISCAL IMPACT
BecausetheWaterStewardshipPlanisaframeworkdocumenttoguideandinformfuturedecisions
onwaterconservationandreuse,theadoptionofthePlandoesnothaveadirectfiscalimpact.
Whenindividualimplementationstrategiesorrelatedprojectsarefurtherdevelopedandpresentedto
City Council for consideration, any specific positive or negative fiscal impacts will be identified.
ONGOING FISCAL IMPACT
Assitedabove,thepolicylevelWaterStewardshipPlandoesnothaveanongoingfiscalimpact.
Impactsfromanyspecificimplementationstrategieswillbeevaluatedastheyarefurtherdeveloped
and considered.
ATTACHMENTS
Draft Water Stewardship Plan
StaffContact:LynnFrance,EnvironmentalServicesManager,EconomicDevelopmentDepartment-
Office of Sustainability
City of Chula VistaPage 5 of 5Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTINGTHE WATER STEWARDSHIP
PLAN AS A POLICY FRAMEWORK DOCUMENT TO ASSIST
IN WATER CONSERVATION, REUSE AND CLIMATE
ACTION PLAN IMPLEMENTATION
WHEREAS,in 2014, City Council adopted Resolution 2014-224 accepting the Climate
Change Working Group’s recommendations to the City’s Climate Action Plan directing staff to
incorporate the recommended actions into the Climate Action Plan; and
WHEREAS, the Climate Action Plancontemplated the development of a water reuse
master plan \[Water Conservation and Reuse Section, –Item 3. A. Develop a Water Reuse
MasterPlan to maximize the use of storm water, recycled water (such as indoor commercial
use), and onsite water reclamation\];and
WHEREAS,City staff,along with consultants,put together a very collaborative process
to develop the Water Reuse Master Plan which through the work process was renamed to the
Water Stewardship Plan; and
WEREAS, The San Diego Foundation and the Bloomberg Award for Local Sustainability
Matching Fund –a project of the Funder’s Network for Smart Growth and Livable Communities,
supported Chula Vista’s efforts with a grant for $135,000 and willuse thisprocess and Water
Stewardship Planas a modelfor other jurisdictions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it adopts the Water Stewardship Plan, in the form presented,and directs staff to
incorporate it into the Climate Action Plan, to guide water reuse, conservation and climate
resiliency activities.
Presented byApproved as to form by
Eric Crockett, Director Glen R. Googins
Economic Development Department City Attorney
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
WATER STEWARDSHIP PLAN
0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
Leading By Example: The City's Current Water Stewardship InitiativesAction #1: Raise the Profile of Water Use & Reuse Performance
Action #3: Improve Water Efficiency & Reuse Capacity in the
Action #4: Encourage Water Efficient Landscape Decisions
0 ¦¤
Setting the Context for Water Stewardship in Chula Vista
Action #2: Promote & Expand Water Capture & Reuse
Action #5: Promote Green Infrastructure
The City's Vision for Water Stewardship
Built Environment
Plan Overview
Introduction
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
City Operations2010(million gallons)2012 2015 Total Consumption 42%
20102011
5%
0 ¦¤
8000600040002000
of its irrigation activities utilize recycled water. Taking this into
account for a large majority of its total water use, 68 percent
The annual average temperature increased by 3 degrees
use of potable water, with public pools and fire service uses
Buildings and irrigation account for 85 percent of municipal The city’s population grew by more than 15,000 people,
0
12001000800600400200
importance of advancing water stewardship during a time of
Following a spike between 2012 to 2013, water use by the overall Chula Vista community has remained relatively flat
1400 consideration, building and irrigation demand for potable
comprising the balance. While landscaping and irrigation
California experienced one of the worst, multi-year
water is roughly equivalent, and present the greatest
opportunity for expanded water efficiency and reuse
substantially cut water use, while demonstrating the
These factors impeded the community’s ability to
Community-Wide Water Consumption
Understanding Municipal Water Use
percent during that period, while demand for
Focusing The City's Opportunities:
potable sources increased by only 4 percent.
operations increased by 14 percent. Climatic
comprised the vast majority of this increase;
from 2013 to 2015. During this timeframe:
its use of recycled water increased by 37
factors contributed in large part to this
Dependence on Potable Water
increase (see Community-Wide Water
From 2010 to 2015, water use for City
Working to Reduce The City's Consumption, below). Recycled water
droughts in the state’s history
or by nearly 6 percent
City Operations:
Fahrenheit
measures.
•••
Source: National Centers for Environmental
landscape,canyons,rollinghills,mountains,qualityparks,andmilesoftrails.
SanDiego,
significantprogresshasbeenmaderegionallyindiversificationof
second-largestmunicipalityinSanDiegoCountywithapopulationof250,000,itAtbothalocalandregionallevel,maintainingreliable,cleanwaterthroughoutSanDiegoCountyrecognizetheurgencytomeetregionalwaterdemandsth
roughnewlocalsupplydevelopmentintervalswithoutrain,andincreasedevaporationfromthesoilandwater
Information
severedrought.Cities,publicagencies,andwaterdistrictswaterisstillimportedannuallyfromtheColoradoRiverandrivers
watersupplies,approximately85percentoftheSanDiegoregion’s
atthecenterofoneoftherichestcultural,economic,andenvironmentally
suppliestoservethegrowingregionhaslongbeenatopprioritysuchaswaterreuse,waterrecycling,desalinization,andstretchingDiegoCountyisexpectedtoincrease46percentby2035duetoitsgrowing
availablesuppliesthroughefficientwaterusepractices.Andwhileandriverflow.But,thereisalotwecandotodaytomanagethese
forresidents.AconcernheightenedwithCalifornia’songoingandreportreleasedbytheSanDiegoFoundationandClimateEducationPartnersinunderstressfrommoreintenseandfrequentdroughtandfrommoreevaporationtemperatur
es.WateravailabilityfromboththeSierraNevada(viatheStatewillalsobeadditionallystressedfromwarmingtemperaturesandextended
(in)
Total precipitation
1413121110
becoming hotter and drier.
Chula Vista’s climate is
2012201320142015
watersupplieswillonlygrowmoreextreme.Accordingtothe
686766656463626160
ofNorthernCalifornia.
F)Average temperature (
byCitystaff,keystakeholders,
change,energyandwaterandCitygovernment
.Preparingforwater
andprotectingitsprecious
gasreductiongoalswhile
anditrecognizestheuse.ThePlanprovidesa
energyisexpendedongraywater,stormwater,and
itselfasaleaderinPlanassessesnearandimplementationstrategiestowiththeSanDiego
stewardshipeffortswillalso
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
andSanDiego.
of our water supply
partnership
established
comes from local
sustainability
snowpack
businesses,
community’s
California’s
efforts,
Stewardship
.
.
greenhouse
municipal
coastal
located
risingdemand
.
Philanthropies
sources
conservation
water
the
longer
TijuanaSan
normal”
applicable
River
reuse
created
Answer?
Through the development of the Water Stewardship Plan, the City worked with staff, its utility providers, and the community to establish a unified vision for water stewardship in Chula
Vista, as follows:The community of Chula Vista is a proven steward of water resources, where local residents, businesses, utility providers, and municipal accountable and engaged in
protecting water supplies, eliminating water waste, and embracing the region’s by community members, utility providers, and City staff who provided thoughtful feedback to the When you
think about its collective relationship with water, what do you believe is the most important consideration that should shape its vision and goals for water stewardship? While their
responses were varied, several key themes emerged that helped formulate this vision, including:The specific actions that comprise the Water Stewardship Plan will directly support the
realization of this vision, which will serve as the guiding principle for future decisions that impact water use and reuse.
0 ¦¤
Local landscape character
Integrated approach
Cultural change
Community
••••
Elimination of waste
Accountability
Engagement
This vision was formed
following question:
Equity
••••
moreefficientbuildings,encouragingmixed-usedevelopment,facilitatingtransituseoflow-andzero-emissionsequipmentandvehicles,andmeetingwater
use.TheCityisrecognizednationallyasaleaderinlocalgovernment
todelivereffectivegovernmentservices.AspartofitsGeneralPlan,whichwas
inChulaVista,includingthefollowingpoliciesandinitiativesimplementedby
incorporatedavarietyofsustainabledevelopmentobjectivestoreduce
effortshavebeentightlyalignedwithbroadermunicipalgoalsdesignedtoofthesepreviousefforts,andbolstersthenumerouswaterstewardship
advancingqualityoflifeandprotectingtheclimateforChulaVistaandbeyond.
-to-landscape graywater pre-plumbingrequirement and
Local water supply development (desalination/Pure Water San
Water Conservation Plan Guidelines for major developments
Subdivision Manual promotes onsite stormwater retention
NPDES (stormwater quality permit) outreach program
Past & Current Water Stewardship Initiatives
BMP Design Manual and Stormwater Ordinance
for water efficient fixtures
Integrated Water Resource Management PlanReclaimed water (“purple pipe”) for irrigation
Turf & water intensive plant species removal
Diego Program, groundwater development)
Landscape Water Conservation Ordinance
Reuse of water from dewatering activities
Irrigation system leak detection program
Water conservation workshops & classes
-wide water usedata management
Green business verification program
nozzle conversion
Urban Forest Management Plan
Water Conservation Ordinance
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
Incentives & rebates
educational display
Irrigation head &
PACE financing
extension
efficient
Laundry
sustainability
underway
intentionally
City
the
in
and
requiring
Raise the Profile of Water Use & Reuse Performance Fromcomeandperformanceconnectionclear,becomeapartofdailylifeforitsleadership,itsstaff,andthebroadercommunity.Make City Departmental
water use visible to the publicOptimize existing leak and water waste notification and reporting systemsExpand engagement and education opportunities around water stewardship
Green,”to“droughtshaming”onsocialmediaplatforms,mostCalifornianshave
Initiate a citywide challenge for water stewardship
oflife.Butunderstandingcurrentperformanceisthefirststepinimprovingit
ThroughthisAction,theCitywillmakewaterperformancevisiblethrough
caughtuptotoday’sneeds.Beyondrevealingexpendituresandcostsavings,
LivinginaMediterraneanclimaterequiresadifferentattitudeaboutwater.
canbeapowerfulmeanstomotivateandengagepeopleandcreatea
0 ¦¤
initiatives in Chula Vista
ThroughAction#1,theCitywill:
ActionOverview
1.11.21.31.4
hasassignedresponsibilityandatimelineforachievingeachofthestrategies,
.Manystrategiesapplytosomeorallofthese,andaredenotedbythefollowing
supportingstrategiesthattheCitywillimplementwithinCityoperationsandin
fiveoverarchingactionsthataddressthekeythemesofitsvision.ForeacharewithinthepurviewofCityoperations,toitsopenspacesandparkfacilities,to
strategiesthatdelineatehowtheCitywillimplementitsoverallplan.To
toachievethemaswellaswhichstakeholderswillneedtobeinvolved.
Finally, the City has assigned timeframes for implementation for each strategy, which are categorized as follows:
Improve Water Efficiency & Reuse Capacity in the Built Environment
-Impact Development
Raise the Profile of Water Use & Reuse Performance
Encourage Water Efficient Landscape Decisions
Promote & Expand Water Capture & Reuse
Promote Green Infrastructure & Low
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
ofChulaVista.
BUSINESSES
supporting
required
businesses
encompasses
City
numerous
businesses
RESIDENTS
detection and notification technologies to ensure that water is not wasted through leaks. provided by Sweetwater Authority during the Environmental Protection Agency (EPA) “ Fix A Leak
Week” –will go a long way to engaging residential and commercial users about the the City will promote other existing water waste notification systems that allow residents other events,
hosts NatureScape workshops on water efficient landscaping, and promotes Water Efficiency Education Program (WEEP) grant administered by Sweetwater Authority efficiently. The existing
CLEAN Business Program, which provides participating businesses with no-cost resources and informational workshops, can serve as a platform for engaging the local business community
in the water conservation and reuse opportunities discussed education on xeriscaping and native plants. Finally, the installation of interpretive signage about green infrastructure and
water efficiency initiatives throughout the community can
faucets,while many can go undetected for years, such as cracked water supply lines. The
potential water and cost savings that they can achieve by addressing water leaks. Finally,
to fund educational displays, programs, projects and instructional media that we can use
to advance its mission of educating the community about the importance of using water
rebates and incentives for water efficiency and reuse. The Conservation Section will be
City is pursuing the use of flow meters to address leaks in its irrigation and other water
including those that are handled by the Police Department and water district partners.
around water stewardship initiatives in Chula Vista
highly instrumental in expanding the impact of community education and outreach on
water stewardship and in advancing the strategies in this Plan. The City will apply for a
Expand engagement and education opportunities
leaks –and about the resources available to prevent and manage them, such as those
complemented by public engagement and education. The City’s Conservation Section
In addition, raisingawareness through case studies and outreach about the impact of
already provides water efficiency information and giveaways at farmers markets and
gallons of water per year due to leaks. Some leaks are easily visible, such as dripping
Office of Sustainability;Sweetwater Authority; Otay Water District;local community
in this plan. Similarly, volunteer events in Chula Vista parks can facilitate community
Funding forleakdetection and notification technology; staff time; irrigation updates
According to the Alliance for Water Efficiency, a typical home loses 2,000 to 20,000
environmental conservation and climate change. The Water Stewardship Plan is an
distribution systems in City facilities, and will explore the use of thisand other leak
Leaks from water supply pipes and fixtures are a significant source of water waste.
0 ¦¤
and business to report water waste in the community via the phone and internet,
extension of this history, and many of the strategies included in the plan will be
ChulaVista boasts a robust history of community engagement around issues of
enhance the visibility of its commitment to water stewardship.
Key Support/Stakeholders:
Required Resources Required Resources
Background
Background
members
1.4
C.Engage with other communities and consider potential
A.Provide recognition for innovations and drive results in Otay Water District, San Diego Gas & Electric, and local
B.Leverage available technologies, such as ENERGY STAR water use data in order to promote greater awareness
into water use for departmental activities on a regular
Portfolio Manager or other no-or low-cost dashboard
OPEN SPACE &
synergies with existing energy conservation incentive
B.Explore partnerships with Sweetwater Authority and
water use and reuse performance by local residents,
tracking system or dashboard that providesvisibility
C.Work with water district partners to better manage
among leadership and staff about water use trends
PARKS
businesses, and municipal staff through a similar
A.Establish a user friendly water use performance
OPERATIONS
organizations to develop this opportunity.
Office of Sustainability (Conservation Section)Office of Sustainability (Conservation Section)
CITY
and opportunities for improvement.
Implementation Timeframe: Implementation Timeframe:
challenge or competition.
or real-time basis.
programs.
Key Activities
Responsible:Responsible:
Medium-term
systems.
Key Activities
Make City Departmental water use visible
Challenge as well as a national energy use reduction
or prizes; staff time; marketing resources; IT; funding sources
the current state, assessing water use requires assembly of information
local community groups;
Nothing serves as greater motivation than a little friendly competition.
the City has achieved significant results in transitioning its water
the ongoing need to better manage water use for these activities. One
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
source for municipal operations towards recycled water, we recognize and does not result in a clear understanding of water use by individual
The City will leverage
City departments. In keeping with the adage “you can’t manage what
provided by water providers, which has proven to be an onerous task
stewardship among City staff is to make performance more visible. In
has a proven track record of rallying around conservation
these successes and expand such opportunities to address water
competition which challenges communities across the U.S. to of the most important steps in driving accountability in water
you can’t measure,” this lack of visibility does not promote
Cool California
dramatically reduce their energy use by 2016.
Key Activities Enact a new rainwater harvesting ordinancemunicipal facilities. Continue public outreach to promote rainwater harvesting best management throughout the residential community
(i.e. rain water collection barrels for home landscaping).Define and establishto include in ordinance.Conduct outreach efforts to educate public about the new ordinance.Developcommunity
partners to follow and comply with. Responsible:Office of Sustainability (Conservation Section); Public Works (Stormwater Section); DevelopmentServices (Building and Land Development
Department)Implementation Timeframe: term Key Activities Leverage all fitgraywater,independence.Develop a fact sheet about safe and legal graywater usesDevelop guidelines for residential
and business community partners that outline how install, implement and operate graywater systems safely.Responsible:
Medium-
0 ¦¤
D.
A.A.
B.B.
C.C.
E.
Public health studies have shown that graywater systems, if installed and
“qualifying” new developments and retrofit projects. The City willdo this
into new and existing development projects Graywater is “gently used” water from sinks, showers, baths, or laundry.
Promote the reuse of graywater for indoor
guidance and best practices, so that reliable infrastructure is installed to
collection barrels on site for their irrigation needs. The City willfacilitate
byenactinga newrainwater harvesting ordinance for municipalfacilities
landscaping. There are many publically available resources on this topic,
including San Diego County’s flip-book Water Smart guide and website.
well as compliance with existingpublichealth and building codes. This
operated correctly, can provide an alternative, safe and reliable water
Harvesting rainwater is a smart way to augment on-site water supply.
The City ispleased to see many of its communitypartnersare already
available to answer questions about safe and legal graywater uses, as
following those published best practices and have installed rainwater that requires an amendment to existing building codes. This ordinance
promote water independence. The City's knowledgeable staff will be
through this process, discuss specific graywater projects, and guide
supply for some approved uses. The City believes itis important to
leverage all fit-for-purpose water, includinggraywater,in order to program. City staff will be available to guide community members
will reference existing state and local policy, along with reputable
effort extends beyond the successful permit-less laundry to lawn
Rainwater can be used to fill toilets, launder clothes, and irrigate
the incorporation of rainwater harvesting infrastructure into all
implementing and operating a safe graywater system onsite.
residentsand business owners along the right path towards
applications
Key Support/Stakeholders:
Required Resources
Required Resources
Privatedevelopers
functionproperly.Staff time; funding
StrategyOverview
Background
2.2
2.1
thelifestyleforwhichtheCityhasbecomeaccustomed.
Vista’sdesirableMediterraneanclimatecomeswithtrade-
ourrelianceonanimportedwatersupply,itiscrucialthat
.ThisiswhydiversificationofChulaVista’swatersupplies
whereverpossible.Webelievewecansuccessfully
resourcesisimperativeinordertosustainourcommunity
;wereceiveanaverageyearlyrainfallofapproximately10workcloselywiththecommunitytodevelopwaterreuse
thisthroughgovernance,inspiration,awarenessand
Maximize the use of incentives and rebates for graywater and rainwater
Incorporate rainwater harvesting infrastructure into new and existing
Enable the synergistic reuse of water across property lines
Promote & Expand Water Capture & Reuse
Promote the reuse of graywater for indoor applications
Action#2,theCitywill:
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
opportunities
.
accomplish
incentives
Through
inches
development projects
Given
Chula
andand
offs
we
Improve Water Efficiency & Reuse CapacityIn the Built Environment Buildingsandfacilities,includingwaterfixtures,faucets,toilets,operationssignificantImprovingwithinthebuiltenvironmentisakeyactionfort
heWaterStewardshipincostsavings,nottomentionconservingpreciouswatersupplies Modernize City facilities to meet water conservation standardsStreamline and develop guidance for graywater
permitting for advanced water time” water audits and retrofits in existing homesCapture and reuse condensate runoff from cooling equipmentPromote the use of hot water recirculation pumpsPromote
optimization of cooling towers through operational and inspection
ofwateruse.Forty-threepercentofwaterusedforCity
Inadequatefacilitywatermanagementcanleadto
andout-of-datefixtures,plumbingandappliances.
0 ¦¤
ThroughAction#3,theCitywill:
schedule adjustments
Require “point-in-
reuse systems
ActionOverview
3.13.23.33.43.6
3.5
A.Expand Otay Water District’s purple pipe
A.Develop a consolidatedlist of incentives,
B.Promote rebates, incentives, and grant
Otay Water District;Office of Sustainability
programs for graywater and rainwater
BUSINESSESBUSINESSES
rebates, grants, and financing options
B.Promote the attributesand beneficial available for graywater and rainwater
Services (Building & Land Development
harvesting projects on its website.
Section); Development
Office of Sustainability (Conservation
RESIDENTSRESIDENTS
Implementation Timeframe:
reuse of recycled water.
harvesting projects.
OPEN SPACE &
OPERATIONS
PARKS
CITY
(Conservation
OPERATIONS
Key ActivitiesKey Activities
network.
Responsible:
Responsible:
Department)
Medium-term
CITY
Section)
thecommunity,
-effective alternative
-action 4.5. Through
Recycled water within the community plays an important role in diversifying the
Otay in expanding their network of recycled water in order to transition
rebates for $5,000 to encourage the efficient use of water by offsetting potable water uses
community as possible. There are many existing rebate and incentive programs
The City is committed to strengthening its partnership with and support for the
to a water supply system that includes recycled water delivery as an integrated
options, such as those mentioned above, which can be leveraged by
intended to address circumstances in
San Diego County’s WaterSmart program offers
staffwill promote
.
incentives, grants, and
that are offered by its water utilities and other sources which are not always
grant opportunities of up to
with the goal of maximizing the use of existing recycled
site water reuse sources do not meet their demand. While Otay’s
.The City's goal is to
water capacity and eventually expanding the reach of their recycled water
Maximize the use of incentives and rebates
rain barrel rebates. Other opportunities specific to water efficient
The City wishes to make water reuse opportunities as attractive to the
for graywater and rainwater harvesting
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
Sweetwater Authority offers
existing purple pipe network only covers the eastern portion of
landscapes and irrigation practices are summarized in sub
community members in order to make water reuse a cost
the City’s website and its various outreach activities, City
maximize the use of that network
available state, local, regional and national rebates,
source graywater system retrofits, and
across property lines
Key Activities Require pointexistingreal estate community.Utilize home energy & water checkprogram as basis for pointaudits. Responsible:Office of Sustainability (Conservation Section)Implementation
Timeframe: Short-Capture and reuse condensate runoff from cooling equipment Key Activities Retrofitcondensate water capture systems.Promote installation of condensate collection systems
in industrial and commercial facilities.Responsible:Office ofWorks Implementation Timeframe: Medium
A.A.
B.B.
be installed on new construction. Because it is formed from moisture in the air,
has a favorable payback period (generally less than 5 years). The City's strategy
DevelopmentServices; Otay Water District;Sweetwater Authority; Association
water, which is produced by air conditioning systems as they remove moisture
relatively little treatment. Additionally, installing a condensate capture system
0 ¦¤
check-ups.In alignment with the Chula Vista Climate Action Plan, the City will
step in identifying leaks, assessing the efficiencyof the current water system,
savings retrofits in existing buildings at a specific point-in-time
pumping station, and buildings may be retrofitted or a dedicated system can
Water audits assess how water is used in a particularfacility or site and take and identifying opportunities for improvements, upgrades and retrofits. The
intoaccount thequantity and qualityof that water. Awater auditis the first
efficiency upgrades. The City currently performs free home energy & water
based on amount of cooling required and climactic factors such as ambient
humidity. Collection may be through direct drainage or require a separate
One relativelysimpleway to reduce water use is bycollecting condensate
condensate water is relatively high quality and can be re-used onsite with
from air during the cooling process. The amount of water collected varies
will initially involve retrofits for municipal buildings and then scale up to
outcome of a water audit can be used to identify cost-effective water
of Realtors; San Diego County Water Authority; San Diego County
promote this practice in industrial and commercial facilities.
int-of-sale), beginning with water audits.
Securefundingfor retrofits; staff time
existing buildings
Key Support/Stakeholders:Key Support/Stakeholders:
Development Services
Required Resources Required Resources
require water
BackgroundBackground
Staff time
3.4
(not po
3.3
OPEN SPACE &
BUSINESSES
permit streamlining of energy efficiency upgrades
members, developers, and others seeking to take
A.Establish a process for identifying which facilities
Office of Sustainability (Conservation Section); Public
PARKS
A.Develop a step-by-step process for community
C.Establish an upgrade schedule with the goal of
the mystery out of the water reuse permitting
process, by utilizing lessons learned from the
Office of Sustainability (Conservation Section);
Development Services (Building Department)
OPERATIONS
RESIDENTS
B.Develop a standardfor retrofit projects.
CITY
completing all upgrades by 2020.
Implementation Timeframe:
Modernize City facilities to meet water conservation standards
require upgrades.
and Title 24.
Key ActivitiesKey Activities
Responsible:
Responsible:
Medium-term
Works
Streamline and develop guidance for graywater
permitting for advanced water reuse systems
n order
develop a standardfor
developing
water supplies
and establish an upgrade schedule, with the goal of
alignment with Senate Bill 407, and with best practices promoted by
need to make it easier for the community to implement water reuse
EPA’s WaterSense Program. As an extension of the retrofits the City
that City facilities
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
Services; Otay Water District; Sweetwater Authority;
In order to leverage new sources of water, the City recognizes the
improvement costs and smart technology; staff time
benefit of helping community members see their water efficiency
systems in their homes and businesses. One key way the City can
modernize
ojects. This will provide a dual
practical guidance and streamlining the permitting process for
has already accomplished, the City will establish a process for
conservation standards in
represent 43 percent of its annual water consumption, and i
action 2.2 is by
made a commitment to upgrades happen, while continuing to augment local
time; funding sources; technical assistance
expensive utility. Given
identifying which facilities require upgrades,
Key Activities Utilize the City’s website and perform outreach activities to promote available local, state, and national rebates, options, which can be leveraged by community members
in order to make water reuse a costeffective alternative for its businesses and homes.Responsible:Sustainability (Conservation Section)Implementation Timeframe:
Office of
water efficient fixtures and building technologies
Maximize the use of incentives and rebates for
0 ¦¤
A.
Energy (PACE) programs, for water efficient upgrade projects for the built
Water Savings Incentive Program, when water saving projects generate a
There are a lot of waysacommunity can economically incorporate water
environment. The Water Agencies offer cost saving incentives, with their
potential. There are rebates available for water efficiency products such
as high-efficiency toilets, urinals, plumbing fixtures and high-efficiency
Sweetwater Authority; Local
Renovation Opportunity (HERO), part of the Property Assessed Clean
measureable reduction in water consumptions (i.e. $0.46 -$0.60 for
incentive programs that are offered which are not used to their full
efficiency into their land uses. There are many existing rebate and
washers. There are financing options, such as the Home Energy
every 1,000 gallons of water saved per year.
Development Services; Otay Water District;
Key Support/Stakeholders:
Required Resources
Background
Stafftime
3.7
Office ofSustainability (Conservation Section Audit
B.Develop a list of incentives for this technology.
commercial, retail, and industrial facilities to
BUSINESSES
BUSINESSES
A.Promote the benefits of using recirculating pumps for City operations, businesses, and
Office ofSustainability (Conservation Section),
Services (Building Department)
performance through a combination of
optimize cooling tower operations.
B.Engage cooling tower operators in
OPERATIONS
guidance development and audits.
RESIDENTS
A.Optimize municipal cooling tower
CITY
Implementation Timeframe: Implementation Timeframe:
OPERATIONS
CITY
residences.
Development
Key ActivitiesKey Activities
Responsible:Responsible:
term
Short-term
Program)
-
Medium
operational and inspection schedule adjustments
Promote optimization of cooling towers through
a faucet and letting the water run until it gets hot, but instead of the water
the potential to solve this problem while simultaneously saving energy and
pumps rapidly pull hot water from a According to the US EPA, cooling tower systems use significant amounts of
alike often get frustrated with the time
reheated and reused. This process is similar to turning on the hot water at
through evaporative cooling. The process of evaporative cooling produces
San DiegoCounty
demand hot water recirculating systems) have
it takes for water to reach the right temperature at the fixture; hot water
water loss, and fresh water is introduced to the cooling tower as a result.
through chiller performance improvements and cooling tower efficiency,
The City currently
applications, around 20 to 50 percent. These systems may be optimized
—in a variety of commercial applications to cool
water heater while sending cold water back to the water heater to be
saving water. Additionally, a recirculating pump may be installed as a
regarding cooling towers within City operations and
going down the drain, it is simply returned back to the water heater
down warm, circulated process water from systems such has HVAC ΑΏΐΕȃΐΐȃΏΗ !¦¤£
water and often represent the largest use of water in commercial
water. There is no need to send cold water down the drain with
Sweetwater Authority
industrial entities related to health code requirements.
property owners;
in addition to implementing water saving strategies.
retrofit for certain hot water circulation systems.
Key Activities Improve water management across City operations, parks, residences, and businesses.Continue to install and smart meters on City property during new construction or upgrades.Promote
weathersystems and smart meters for homeowners and business owners.Responsible:Works (Operations)Implementation Timeframe: Medium-term Activities Conduct regular water audits at City
facilities and properties. Communicate existing auditing opportunities for the Chula Vista community.Responsible:Otay Water District;of Sustainability (Implementation Timeframe:
Public
Key
0 ¦¤
A.
A.B.B.
C.
Water District may apply with WaterSmart for a free outdoor assessment
Encourage water audits of landscaped areas
Water audits of landscaped areas have been found to help save up to 20
Current wireless irrigation technology providesthe opportunity to more
include smart irrigation controllers, which customize watering based on
closely monitor water needs based on factors such as soil moisture and saving recommendations for qualifying non-residential properties at no
manually and may lose efficiency over time if not maintained properly.
by a certified irrigation professional. Customers within the Sweetwater
water data across the City will enable better advanced water planning,
cost. On the residential side, single-family property owners in the Otay
presence of rain.Many of the older areas of the City have older or less
Authority territory may schedule a free home or business water audit
from a conservation specialist to evaluate the water efficiency of the
often at an unknown rate due to lack of data monitoring. In addition,
efficient irrigation control equipment, which results in water waste,
parameters such as soil moisture and weather. Tracking this type of
irrigation auditor will survey and provide written site-specific water-
installed at new or upgraded parks across the City. These upgrades
WaterSmart to offer freeirrigationcheckups. A certified landscape
The good news is that more efficient irrigation systems are being
percent on water use. Otay Water District has a partnershipwith
traditional water meters installed in these areas need to be read
and monitoring technologies
especially during drought conditions.
Stafftime related to outreach efforts
Officeof Sustainability; City Council
Key Support/Stakeholders:
Key Support/Stakeholders:
Required Resources
Required Resources
Background
Background
property.
Staff time
4.2
4.1
inadditiontoimplementingaCity-widelandscapewaterconservationordinance.
overallwateruseinhomes.Thismeansoutdoorirrigationisakeytargetareafor.Wecurrentlycollaboratewiththetwolocalwaterproviders,OtayWater
SweetwaterAuthority,onwaterconservationstrategiesthroughoutthe
WaterStewardshipPlanprovidesguidanceforthecommunitytohelpreduce
thatoutdoorirrigationforlandscapingneedsaccountsforapproximately60
-efficient landscaping and
Continue to promote drought tolerant landscaping and turf removal throughout
Employ advanced irrigation management and monitoring technologies
Encourage Water Efficient Landscape Decisions
throughmonitoringandwaterefficientlandscaping.
Align water stewardship and urban forestry objectives
Maximize the use of incentives and rebates for water
Encourage water audits of landscaped areas
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
#4,theCitywill:
stewardship
Action
estimated
and
waste
community
of
Key Activities Assess the Tree Ordinance and approved Urban Forest tree list and update in alignment with water use objectives. Responsible:Office ofPublic Works (Operations)Implementation
Timeframe: Short Key Activities Createthat consolidates and pstate, local, regional, and national rebates, incentives, grants, and financingfor community members in order to advance
waterirrigation practices throughout Chula Vista.Responsible:Office ofSweetwater Authority; Otay Water District Implementation Timeframe: Short-
A.A.
and other select rebates for older and inefficient equipment. The City will work
Sweetwater Authority and Otay Water District offer rebates for water-efficient
Types of incentives include artificial turf discounts, rotating nozzle rebates, soil
more irrigation. Aligning water stewardship objectives with those of the Urban
irrigation of non-native plant species, while ensuring that the City continues to
and removal in public right-of-way. This program also dictates tree planting on
Maximize the use of incentives and rebates for
0 ¦¤
moisture sensor system rebates, weather-based irrigation controller rebates,
The City’s UrbanForestry Program provides services related to tree trimming City property and provides an opportunity to incorporate water conservation
Forestry Program will ensure proper tree selection and prevent unnecessary
County’s website offers links to incentivesfor both residential and business.
opportunities up to $5,000 to encourage the efficient use of potable water.
into tree selection. Drought conditions make installing and growing healthy
trees more challenging, and non-native or drought intolerant trees require
Regional grant opportunities are also available, such as the Metropolitan
Water District’s Water Saving Incentive Program. WaterSmart San Diego
meet its goals for providing enhanced tree canopy, bird habitat, carbon with its water district partners to maximize exposure for incentives and
water-efficient landscaping and irrigation
landscaping and irrigation. Sweetwater Authority also offers grant
rebates promoting water efficient landscaping and irrigation.
sequestration and beautification.
Key Support/Stakeholders:Key Support/Stakeholders:
Development Services
Required Resources Required Resources
San Diego County
Background
Background
Staff time
Stafftime
4.5
associations to encourage xeriscaping.
BUSINESSES
A.Promote the NatureScape Program
C.Continue turf removal/conversion
Office ofSustainability (Conservation
B.Continue to showcase xeriscape
Public Works (Operations)
gardens throughout the City.
and partner with gardening
programs on City property.
RESIDENTS
Implementation Timeframe:
OPEN SPACE &
PARKS
Key Activities
Responsible:
OPERATIONS
Section);
CITY
–if it is essential to install turf,
we encourage limiting the size to appropriate needs and installing a highly efficient
Continue to promote drought tolerant landscaping
conditions and is a key tenet of our water stewardship program. Xeriscaping refers -smart.It is more important
more prevalent as our region sustains drought
supply stores and local nurseries are also good resources for information on water
-friendly yards and
irrigation system. The City publishes the WaterSmart Landscaping & Water Reuse on workshops, and certification of yards and
to landscaping and gardening that may greatly reduce the need for supplemental
Guide, and Otay Water District and Sweetwater Authority are great resources for
than ever to emphasize converting high water use landscape areas such as grass
saving tips, and free water efficient landscape plans. Irrigation
Residents and business owners can reduce their water consumption and utility
landscaping that provide wildlife habitat while conserving water. The program
gardens as NatureScapes through the National Wildlife Federation. The City's
promoting water conservation strategies, NatureScape certifications help us
bills through xeriscaping and installing high efficiency irrigation systems. We
toward our goal of becoming the largest city in California to be certified as a
Community Wildlife Habitat Area through the National Wildlife Federation.
friendly gardening and landscaping. In addition to
and turf removal throughout the community
NatureScape workshops include free presentations and trainings on water
conserving landscaping in the City.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
Through the NatureScape Program, the City promotes nature
irrigation water, and is another term for being water
realize turf may be appropriate in certain situations
Key Activities Utilize low impactpublic sites.Expand water retention facilities in parks.Install educational signage and perform community outreach activities.Continue the conversion
of vacant and blighted properties to community gardens utilizing green infrastructure solutions.Responsible:Public Works (Operations, Engineering)Implementation Timeframe: Medium-term
Update Water Conservation Plan Guidelines for new Key Activities Update to its Water Conservation Plan Guidelines to leverage these emerging opportunities to advance its water stewardship
vision.Responsible:Development Services
0 ¦¤
D.
A.B.A.
C.
opportunities at City facilities and open spaces
partners and residents, the continued conversion of vacant and blighted
opportunitiesto integrate green infrastructure measures throughout its
governments in California have begun requiring graywater reuse in new
new major development projects since 2003. Water Conservation Plans
program to monitor compliance with the plan is required. The guidance
Capital funding; stafftime; support from local organizations; communityreclaimed water, and other water stewardship measures. In addition, a
must provide an analysis of water usage requirements of the proposed
through signage and outreach. In addition, working with private sector
feature bioswales and other low-impact development concepts, which
sites as well as expand water retention facilities in its parks in order to
provisions for the use of reclaimed water where practicable. Since the
Development Services;Office of Sustainability (Conservation Section);
the City can leverage as educational opportunities for the community The City has required the creation of Water Conservation Plans for all
and associated policies have evolved considerably. For instance, local
properties to community gardens presents an opportunity to actively
guidelines were adopted, water conservation and reuse technologies
retention and reduced runoff while demonstrating these concepts in
opportunities to pursue low impact development solutions on public construction, includingwater-efficient fixtures and landscaping, and
stormwater runoff. For instance, Chula Vista’s newest parks facilities
maximize the infiltration of water into landscaping while minimizing
measures that must be provided in residential and non-residential
own facilities as a visible means to achieve enhanced stormwater
for these requirements outlines a number of water conservation
publically accessible locations. The City has identified numerous
project, as well as a detailed plan for water conservation, use of
As part of its effort to lead by example, the City is exploring
engage residents in green infrastructure concepts.
local community groups
major developments
Key Support/Stakeholders:
;
Economic Development
Required Resources Required Resources
developments.
involvement
BackgroundBackground
5.2
5.1
ofgreeninfrastructureiscentraltotheWaterStewardshipPlan,andwill
throughoutthecommunity.Greeninfrastructureutilizesnaturalprocesses
waterqualityandmanagestormwaterquantity,restoringthehydrologic
infrastructurecanbeintegratedthroughoutthebuiltenvironment,includingmorecost-effectivewhencomparedwithtraditionalinfrastructure,particularly
residentialandcommercialdevelopments,ChulaVistacanrealizemanyofthese
theCity’sabilitytoexpandrainwaterreuseandgroundwateruseandabsorbrainwaterandprovidewatercaptureandreuseopportunities,whilecostsareconsidered.Bypromotingtheuseofgreeninfrastructureand
oftheurbanlandscapeandreducingwaterpollutantloads.Itcanbedesignedtoshade,calmertraffic,walkablestreetsandgreenerpublicspaces.Green
lots,streets,andlandscapedareas.Itwillprovidesadditionalbenefitssuchas
stormwaterrunoffandpromotinginfiltrationandgroundwaterrecharge.
Leverage green infrastructure and water retention opportunities at City
-impact development standards
Update Water Conservation Plan Guidelines
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
stewardship.
Impact Development
replacement facilities and open spaces
Maximize the use of low
facilitate
opportunities
concept
enhance
water
intercept
reducing
function
parking
increasedmunicipal,
This plan was made possible through a grant from The San Diego Foundation and the Bloomberg Award for Local Sustainability Matching Fund, a project of the Funders’ Network for Smart
Growth Visit www.sdfoundation.org and www.bloomberg.org for more This plan was created by the following departments and partners of the City of Chula Vista:
0 ¦¤
Plan development by Haley & Aldrich, Inc.
All images courtesy City of Chula Vista.
Office of Sustainability
Development Services
and Livable Communities.
Sweetwater Authority
Otay Water District
Public Works
information.
Parks
C.Eliminate loopholes in development standards and
BUSINESSES
B.Promote low impact development solutions in
D.Create a toolbox of low impact development
create incentives for low impact solutions.
RESIDENTS
DevelopmentServices (Land Development)
A.Educate the community on low impact
Implementation Timeframe:
residences and business.
development.
impact development standards
solutions.
Key Activities
Responsible:
Short-term
TheCity already promotes
low impact development solutions
permeable pavement, bioswales, and other design solutions that aid
to integrate green infrastructure into
disincentives for traditional approaches by elimination of loopholes.
promotion, and by creating incentives for low impact solutions, and
design guidelines and development standards; the City will work to
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
that provide options most appropriate for a particular site, such as
-available
public projects, it recognizes the importance of advancing such
elevate the use of these standards through education and developers
low impact development through a range of publically
Maximize the use of low
Public Works; Office of Sustainability; Private
solutions in private development projects.
City of Chula Vista
Staff Report
File#:15-0408, Item#: 5.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGA
REIMBURSEMENTAGREEMENTFORTHECONSTRUCTIONOFMONTECITONEIGHBORHOOD
PARKWITHINOTAYRANCH,VILLAGE2ANDAPPROPRIATINGFUNDSTHEREFOR(4/5VOTE
REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
OnNovember4,2014,byResolution2014-213Councilapprovedthe AgreementRegardingthe
ConstructionofParksP-1,P-2,P-3,P-5andP-6inaportionofOtayRanchVillage2,(“OverallParks
Agreement”).TheVillage2masterdeveloper,BaldwinandSons,isconstructingtheMontecito
NeighborhoodPark.TheReimbursementAgreementunderconsiderationhereinisthenextstepin
theconstructionofParkP-3,“MontecitoNeighborhoodPark”forVillage2.AsmallnumberofVillage
2merchantbuilderswerenotsubjecttotheOverallParksAgreementandpaidin-lieuparkfeestothe
City.ThisReimbursementAgreementisnecessarytoreimbursePADfeesthatBaldwinpaidfor
dwellingunitsalreadyconstructed,priortotheOverallParksAgreement,aswellasforanywork
doneinexcessoftheirfairshareofacquisitionandimprovementcosts.Thefundsforreimbursement
shallcomefromPADfeespaidforVillage2bymerchantbuilderswhowerenotpartiestotheOverall
ParksAgreement,fromPADfeespaidbyBaldwinandSons,Inc.priortotheexecutionoftheOverall
Parks Agreement and from PAD fees collected for the Olympic Pointe project.
ENVIRONMENTAL REVIEW
Environmental Notice
TheproposedprojectcomplieswiththeCaliforniaEnvironmentalQualityAct(CEQA)andhas
determinedthattheproposedprojectwasadequatelycoveredinthepreviouslyadoptedFinal
SecondTierEnvironmentalImpactReport,No.02-02andFinalSupplementalEnvironmentalImpact
Report No. 12-01. Thus, no further environmental review or documentation is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheproposedprojectwas
adequatelycoveredinthepreviouslyadoptedFinalSecondTierEnvironmentalImpactReport,No.
02-02andFinalSupplementalEnvironmentalImpactReportNo.12-01.Thus,nofurther
environmental review or documentation is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
City of Chula VistaPage 1 of 4Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:15-0408, Item#: 5.
DISCUSSION
TheVillageofMontecito,Village2oftheOtayRanchisgenerallylocatedsouthofOlympicParkway
andwestofLaMediaRoad.ThemasterplanforthefirstparktoservetheVillage,ParkP-3,
MontecitoNeighborhoodPark,wasapprovedbyCityCouncilonJanuary27,2015.Theparkis
locatedadjacenttotheprivateswimclubattheintersectionofSantaDianaRoadandSantaVictoria
Road.
Prevailingwagebidsfortheconstructionoftheparkwerereceivedbythedeveloper,Baldwinand
Sons,onJune20,2016.Thefirstphaseoftheparkisanticipatedtobeopentothepublicinearly
2018. Park design and construction are estimated to total $5.3 million (excluding City staff costs).
ApprovaloftheReimbursementAgreementwillreimbursethedeveloperforconstructionofP-3from
thePADfeesitpaidpriortotheexecutionoftheOverallParksAgreement,fromthosePADfees
attributabletoVillage2MerchantBuilderswhowerenotsubjecttotheoverallVillage2Parks
Agreement, and the balance from PAD fees collected for the Olympic Pointe project.
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.Theprovisionof
neighborhoodparksthatthisagreementenables,addressestheHealthyCommunitygoalasitseeks
toproviderecreationalopportunitiesforresidents.Wellusedneighborhoodparkswithinacommunity
help foster more secure, strong and connected communities.
CURRENT YEAR FISCAL IMPACT
Allstaffcostsassociatedwiththepreparationofthisreportandtheproposedagreementareborne
bythedeveloper,resultinginnonetfiscalimpacttotheGeneralFundorDevelopmentServices
Fund.
ApprovaloftheresolutionauthorizesareimbursementagreementwithBaldwin&Sonsforcosts
incurreddesigningandconstructingMontecitoPark(NeighborhoodParkP-3),andappropriates
funds for this purpose.
Reimbursablecostsfordesignandconstructionarecurrentlyestimatedtototal$5.34million(all
phases) as summarized in Table 1 below.
Table 1 - Total Reimbursable Amount, Estimated
City of Chula VistaPage 2 of 4Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:15-0408, Item#: 5.
DescriptionPhase 1 CostPhase 2 CostTotal Cost
Pre Bid Construction Cost Estimate$3,797,831$1,312,864$ 5,110,695
Design Costs$ 240,950-$ 240,950
Total Reimbursable Amount$4,038,781-$ 5,351,645
Actualamountstobereimbursedmayvarybaseduponactualcostsincurred,subjecttospecific
adjustments authorized in the Reimbursement Agreement.
Phase2constructioncostsarenotanticipatedinthenearfutureandarethereforenotrecommended
forappropriationatthistime,reducingtherecommendedappropriationby$1.31million,from$5.35
to $4.04 million.
TherearesufficientfundsintheParklandAcquisitionandDevelopment(PAD)fundavailableforthis
purpose. Anticipated sources of funds available are as summarized in Table 2 below.
Table 2 - Total Funds Available, Estimated
DescriptionPhase 1 +Phase 2Total
Design
Otay Ranch Village 2
PAD Fees Received4,010,5304,010,530
Interest Earnings through 06/30/2015174,721174,721
CIP Expenses (parks master planning efforts) (244,000)(244,000)
Otay Ranch Village 2 PAD Fees Available3,941,2513,941,251
Eastlake III Senior (Olympic Pointe) Funds97,3501,312,8641,410,394
4,038,6011,312,8645,351,645
Total
TheuseoffundscollectedfromtheEastlakeIIISeniorProject(OlympicPointe)isauthorizedby
Resolution2006-191(Attachment2).The2006actionwaivedtheParklandAcquisitioncomponentof
theCity’sPADfeesdueperChulaVistaMunicipalCode17.10,giventhelackofavailableparkland
acreagethatcouldbeacquiredtoservethedevelopment.InplaceofthestandardParkland
Acquisitionin-lieufee,thedeveloperagreedtomakeaone-timepaymenttobespentonotherparks
and public facilities serving the City’s eastern territories.
AdditionalinterestearningsaccruingtotheOtayRanchVillage2PADfeessubsequenttothisaction
andpriortodisbursementwillbeappliedtoreducetheOlympicPointefundsallocated.Shouldthe
finalreimbursementfallbelowtheaboveestimate,theOlympicPointefundsallocatedwouldbe
reducedcommensurately.Reimbursementinexcessoftheaboveestimatewouldbefundedthrough
acombinationofadditionalinterestearningsaccruedtotheOtayRanchVillage2PADin-lieufees
and the Olympic Pointe funds.
ONGOING FISCAL IMPACT
City of Chula VistaPage 3 of 4Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:15-0408, Item#: 5.
MontecitoParkisbeingconstructedintwophases.Theproposedresolutionappropriatesfunds
sufficienttoreimbursetheprojectedphase1constructioncostsandallprojectdesigncostsinthe
currentfiscalyear;however,phase1reimbursementsmaycarryforwardintosubsequentfiscal
years.Theproposedresolutiondoesnotappropriatefundsforreimbursementofphase2
construction costs. These monies will be appropriated via future budget processes.
Allparkdesignandconstructionreimbursementspertheproposedagreementwillbefundedviaa
combinationofPADfeescollectedfrombuildersinOtayRanchVillage2andparkfundscontributed
by the Eastlake III Senior Project (Olympic Pointe). No other funds will be applied.
Uponcompletionandacceptanceofthepark,theGeneralFundwillberesponsibleforongoingpark
maintenancecosts,ascontemplatedintheFiscalImpactAnalysisassociatedwiththePublic
Facilities Financing Plan for Otay Ranch Village 2.
ATTACHMENTS
1.Reimbursement Agreement: Reimbursement for the Construction of Montecito Neighborhood
Park P-3
2.Resolution 2006-191
Staff Contact: Mary Radley, Landscape Architect, Development Services
City of Chula VistaPage 4 of 4Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REIMBURSEMENT
AGREEMENT FOR THE CONSTRUCTION OF MONTECITO
NEIGHBORHOOD PARK WITHIN OTAY RANCH, VILLAGE
2AND APPROPRIATING FUNDS THEREFOR
WHEREAS,on November 4, 2014, by Resolution 2014-213 Council approved the
Agreement Regarding the Construction of Parks P-1, P-2, P-3, P-5 and P-6 in a portion of Otay
Ranch Village 2, (“Overall Parks Agreement”); and
WHEREAS,the Overall Parks Agreement was intended to establish a process, procedure
and responsibility for development of the Parks P-1, P-2, P-3, P-5, and P-6(“Covered Parks”);
and
WHEREAS, through the Overall Parks Agreement, Baldwin and Sons, Inc. (“Baldwin”)
accepted responsibility for developing theCovered Parks; and
WHEREAS, in exchange for this responsibility, the City agreed that Baldwin would not
be responsible for the payment of PAD fees equivalent to the costs of the Covered Parks; and
WHEREAS, however, Baldwin, as well as other merchant builders,had already
developed a certain number of dwelling units in Village 2 and paid the associated PAD fees; and
WHEREAS, in accordance with the Overall Parks Agreement, Baldwin could enter into a
Reimbursement Agreement with the City to obtain reimbursement for those fees already paid
and those fees would be used to cover a portion or all of the costsrequired to develop P-3; and
WHEREAS, to determine the approximate amount of reimbursement to which Baldwin
will be entitled, Baldwin, in accordance with City bidding process, advertised the project to
develop P-3; and
WHEREAS, P-3 is expected to be completed in 2 phases; and
WHEREAS, prevailing wage bids for the construction of the park were received by the
developer, Baldwin and Sons, on June 20, 2016,and the first phase of the park is anticipated to
be open to the public in early 2018; and
WHEREAS, the lowest responsible bidder to whom the bid was awarded was determined
to be Brightview Landscape with a bid amount of $3,100,000and
WHEREAS, the bidamount exceeds the dollar amount of the PAD fees received for
development of P-3; and
C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@6C05F96E\\@BCL@6C05F96E.doc
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Resolution No.
Page 2
WHEREAS, pursuant to Resolution 2006-191, the City has collected funds from the
Eastlake III Senior Project (Olympic Pointe) which may be utilized on any park or public facility
serving the Eastern Territories of Chula Vista; and
WHEREAS, the City Council desires to apply a portion of the funds collected from
Olympic Pointe to mitigate projected funding shortfalls between the PAD in-lieu fees collected
from Otay RanchVillage 2 and the estimated design and construction cost of P-3 (Montecito
Park); and
WHEREAS, a total of $4,033,781is recommended for appropriation from the PAD Fund
in the current fiscal year, representing all estimated design costs and the estimated phase 1
construction costs; and
WHEREAS, additional funds to reimburse the Baldwinfor phase 2 construction costs
will be appropriated via subsequent budget action; and
WHEREAS,the proposed project complies with the California Environmental Quality
Act (CEQA) and has determined that the proposed project was adequately covered in the
previously adopted Final Second Tier Environmental Impact Report, No. 07-01 and Final
Environmental Impact Report No. 12-01. Thus, no further environmental review or
documentation is required; 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 proposed project was adequately covered in the previously adopted Final Second Tier
Environmental Impact Report, No. 07-01 and Final Environmental Impact Report No. 12-01.
Thus, no further environmental review or documentation is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the Reimbursement Agreement for the Construction of Montecito
,
Neighborhood Park Within Otay Ranch, Village 2inthe form presented,with such minor
modificationsas may be required or approved by the City Attorney, a copy of which shall be
,
kepton file in the Office of the City Clerk.and authorizesand directsthe Mayoror City
Manager to execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
amends the fiscal year 2016-17 budget and approves an appropriation of $4,038,781 to the Other
Expenses expenditure category of the Parkland Acquisition and Development (PAD) Fund.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Presented byApproved as to form by
Kelly G. Broughton, FASLAGlen R. Googins
Development Services DirectorCity Attorney
C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@6C05F96E\\@BCL@6C05F96E.doc
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
City of Chula Vista
Staff Report
File#:16-0420, Item#: 6.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGAN
AGREEMENTBETWEENTHECITYOFCHULAVISTAANDT.Y.LININTERNATIONALTO
PROVIDEPROFESSIONALCONSTRUCTIONMANAGEMENTCONSULTINGSERVICESFOR
THE WILLOW STREET BRIDGE REPLACEMENT PROJECTIN THE AMOUNT OF $2,157,242
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
ConstructionofthereplacementoftheWillowStreetBridgeovertheSweetwaterRiverwillrequire
complexcoordinationandmanagement,specializedconstructioninspectionexpertise,andextensive
documentationandrecordkeepingtoensurecompliancewiththerequirementsoftheFederal
HighwayBridgeProgramandtheCaltransLocalAssistanceProceduresManual.Therefore,Staff
hasselectedT.Y.LinInternationalasthemostqualifiedconsultingteamfortheWillowStreetBridge
ReplacementProject.Staffrecommendsapprovalofthe$2,157,242contractwithT.Y.Lin
Internationalforprofessionalconstructionmanagementconsultingservicesforthedurationof
construction.
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectwasadequatelycoveredinpreviouslyadoptedFinalMitigatedNegativeDeclarationfor
theWillowStreetBridgeReplacementProjectandpreviouslycertifiedCategoricalExclusionpursuant
toCodeofFederalRegulations(CFR)Title23,Section771.Thus,nofurtherCalifornia
EnvironmentalQualityAct(CEQA)andNationalEnvironmentalPolicyAct(NEPA)environmental
review or determination is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedaction(s)consistingofapproving
anagreementbetweentheCityofChulaVistaandaConsultingEngineeringFirmforcompliance
withtheCaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheproposedaction(s)
wereadequatelycoveredinpreviouslyadoptedFinalMitigatedNegativeDeclarationfortheWillow
StreetBridgeReplacementProject.PursuanttotheCaliforniaEnvironmentalQualityAct(CEQA)on
November14,2011theCity,actingasLeadAgency,approvedIS-10-006.Thus,nofurtherCEQA
environmentalreviewordeterminationisrequired.TheDirectorofDevelopmentServiceshasalso
reviewedtheproposalforcompliancewiththeNationalEnvironmentalPolicyAct(NEPA)andhas
determinedthattheproposedactionswereadequatelycoveredinpreviouslycertifiedCategorical
ExclusionpursuanttoCodeofFederalRegulations(CFR)Title23,Section771.Thus,nofurther
City of Chula VistaPage 1 of 4Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0420, Item#: 6.
NEPA environmental review or determination is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
TheWillowStreetBridgeReplacementprojectincludesbridgereplacementandimprovementsto
adjacent streets and infrastructure.
TheapproximatelimitsoftheprojectarebetweentheintersectionsofBonitaRoadandSweetwater
Road.Theexistingright-of-wayisapproximately100-feetwide,withthebridgeintheapproximate
center.Theprojectrequiresinter-agencycoordinationamongtheCityofChulaVista,theCountyof
San Diego, and the California Department of Transportation (Federal Oversight).
Duetothecomplexandspecializednatureoftheproject’sconstruction,CityStaffissuedaRequest
forProposalsforProfessionalConstructionManagementConsultingServicestocoordinate,inspect,
anddocumentconstructionoftheprojectinaccordancewiththeCaltransLocalAssistance
ProceduresManualandindustrybestpracticesforbridgeconstruction.TheCityManagerapproved
aconsultantselectioncommitteecomposedofCityStaff(representativesfromCaltransDistrictLocal
Assistancewereinvitedtoparticipate,butwerenotavailable)thatreviewedproposalsfrom
consultant teams submitted by: AECOM, CALTROP, and T. Y. Lin International.
TheConsultantSelectionCommitteeconductedinterviewswithallthreeproposingfirmsbefore
rankingthembasedonqualifications.TheCommitteerankedT.Y.LinInternationalasthefirstrank.
AsubsequentreviewofthecostproposalfromT.Y.LinInternationalwasperformedandnegotiations
regardingfeeswereinitiated.Afternegotiatingfeesandcoordinatingaprojectschedule,CityStaff
andT.Y.LinInternationalhaveagreeduponthetotalfeeof$2,157,242tobepaidforservicesin
accordance with the agreement to be approved by this resolution.
T. Y. Lin International Agreement Scope of Work
The specific services in the scope of work include the following:
Construction Inspection and Management Services
Consultantwillperformconstructioninspectionandmanagementservicesinaccordancewiththe
CaltransLocalAssistanceProceduresManualinordertoensurecompliancewiththerequirementsof
the Highway Bridge Program.
The Consultant will provide a team that will consist of the following roles:
TheResidentEngineer(RE)willbethedesignatedcontactforallcommunicationsandcoordination
ofoperationsregardingConstructionInspection,Geotechnical,ConstructionSurveyingand
DocumentManagementServiceswiththeContractorsandtheCityEngineer.Withthesupportofthe
BridgeandConstructionInspectors,theREwillreviewtheContractor'sperformanceofworkin
accordancewiththeplansandspecifications;coordinateworkwiththecontractor;aswellastrack
andreviewinspectionrecordsincludingrequestsforinformation,changeordersandpayment
records.REmayalsoinspectworkdependingonhis/herqualifications,andassisttheCityEngineer
as needed.
City of Chula VistaPage 2 of 4Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0420, Item#: 6.
TheConstructionInspectorwillassistincoordinatingandreviewingworkpertainingtocivil
improvements through the RE and Bridge Inspector.
TheBridgeInspectorwillberesponsibleforreviewingaspectsoftheworkpertainingtoconstruction
of the bridge structure and will supplement the RE’s duties for bridge construction.
Construction Surveying Services
Constructionsurveyingconsultantwillperformlandsurveyingtaskssuchasconstructionstakingand
provide land surveying reports in accordance with applicable land surveying practices.
Environmental Compliance Services
Environmentalcomplianceconsultantwillreviewandinterpretenvironmentalregulatoryrequirements
andconductfieldinspectionsandauditsofongoingconstructionoperationsandrecords.Such
serviceswillbeprovidedasnecessarytoensurecompliancewithregulatoryagencypermit
requirementsandcommitments.Additionally,theenvironmentalcomplianceconsultantwillassist
with coordinating any external audits that may be performed by regulatory agencies.
Geotechnical Services
Geotechnicalconsultantwillperformgeotechnicalandspecialinspectiontestingonsitesoilsduring
the project construction.
Materials Testing Services
Materialtestingconsultantwillprovide,qualityassurancechecktestingofpermanentmaterialsused
intheproject,suchascompactedearthwork,portlandcementconcrete,asphaltconcrete,
reinforcement, pre-stressing materials, and grout, etc.
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty
holdingswithin500feetofthelimitsoftheprojectthatisthesubjectofthisaction.Consequently,
thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictofinterestunder
CaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthePolitical
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.Thisprojectsupports
StrongandSecureNeighborhoodsbyensuringsustainableandwell-maintainedinfrastructureto
provide safe and appealing communities to live, work, and play.
CURRENT YEAR FISCAL IMPACT
Provided below is a summary of all costs by calendar year (phase):
City of Chula VistaPage 3 of 4Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0420, Item#: 6.
Allfundsrequiredfortheseservicesandbridgeimprovementshavebeenprovidedunderagrant
fromtheHighwayBridgeProgram(HBP)andtheCity’sTransportationDevelopmentImpactFee
(TDIF)program.TheHBPwillreimburse88.53%oftheeligiblecostsforconstruction.The
remainingcostswillbefundedbyTDIF.Noappropriationsareneededasaresultofthisactionas
sufficient funding is available in CIP STL261 to cover consultant costs.
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require only routine maintenance.
ATTACHMENTS
1.AgreementbetweentheCityofChulaVistaandT.Y.LinInternational,datedNovember8,
2016.
Staff Contact: Paul Oberbauer, Associate Civil Engineer
City of Chula VistaPage 4 of 4Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH T.Y. LIN INTERNATIONAL
TO PROVIDE PROFESSIONAL CONSTURCTION MANAGEMENT CONSULTING SERVICES
This Agreement is entered into effective as of by and between the City of
November 8, 2016
nd T.Y. LIN INTERNATIONAL, a California
Corporationwith reference to the
,
following facts:
R
ECITALS
WHEREAS,
the Willow Street Bridge Replacement Project intends to construct a replacement bridge across the
Sweetwater River at Willow Street ("bridge"); and
WHEREAS, the bridge is eligible for replacement funding through the Federal Highway Bridge Program
administered through the California Department of Transportation Division of Local Assistance; and
WHEREAS, City requires construction management services in order to oversee the construction of the
replacement Willow Street Bridge, which involves extensive specialized structural construction, and ensure compliance
;and
with requirements associated with the Federal Highway Bridge Program
WHEREAS,
in order to procure these services, City Staff prepared a Request for Proposals for Professional
Construction Management Consulting Services for the "Willow Street Bridge Replacement Project (STL261)" and
advertised the scope on May 29, 2015 in accordance with the California Department of Transportation's Local Assistance
; and
Procedures Manual
WHEREAS, on July 1, 2015, the Director of Public Works Engineering received three (3) Statements of
Qualifications with sealed cost proposals for the "Willow Street Bridge Replacement Project (STL261)"; and
WHEREAS, the City Manager approved the formation of a consultant selection Committee (Committee) that
included representation from the California Department of Transportation; and
WHEREAS, the Committee reviewed and evaluated the qualifications and proposals from the three (3) proposing
firms and conducted proposal interviews with the three (3) proposing firms; and
WHEREAS, at the end of the review and interview process, the Committee selected T. Y. Lin International; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that
it can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
\[End of Recitals. Next Page Starts Obligatory Provisions.\]
ЊЏЊЉВ
1
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
OP
BLIGATORY ROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Consultant hereby agree as follows:
1.SERVICES
1.1 Required Services
(if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the
time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables
1.2 Reductions in Scope of Work.City may independently, or upon request from Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a
corresponding reduction in the compensation associated with the reduction.
1.3 Additional Services.Subject to compli Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Consultant provide
agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the
Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged
or purposes of this Agreement.
1.4 Standard of Care. In the performance of any and all Required Services hereunder, the Consultant
shall exercise the level of care, diligence, and skill ordinarily exercised by experienced, competent and
reputable professionals in the same discipline under the same or similar circumstances and in similar
locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be
conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws,
codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant shall provide
such additional security prior to commencement of its Required Services in the form and on the terms
prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
ЊЏЊЉВ
2
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
1.9 Subcontractors. Prior to commencement of any work, Consultant shall subm
and approval a list of any and all subcontractors to be used by Consultant in the performance of the
Required Services. Consultant agrees to take appropriate measures necessary to ensure that all
subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement
comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In
addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this
responsibilities as set forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date
commencement of the Required Services hereunder, and shall terminate when the Parties have complied
with all their obligations hereunder; provided, however, provisions which expressly survive termination
shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 3. Standard terms for billing
and payment are set forth in this Section 2.
2.2Detailed Invoicing.Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective
Date of the Agreement. All charges must be presented in a line item format with each task separately
explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the
amount invoiced to date, and the remaining amount available under any approved budget. Consultant must
obtain prior written authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and
conditions set forth in Exhibit A and section 2.4, below
may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services
. Upon City review and determination of Project
Completion, the holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs-of-pocket costs incurred by
Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A.
Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket
costs incurred by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess
of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not
be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the
errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or
subcontractors.
ЊЏЊЉВ
3
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3.INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to
insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI
Workers Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance
specified as required in Exhibit B or as may otherwise be spec
insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 .
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate
from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to
provide insurance.
3.7 No Cancellation.No Required Insurance policy may be canceled by either Party during the required
mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure
and put into effect equivalent coverage(s).
ЊЏЊЉВ
4
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
3.8 Waiver of Subrogation
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The
liability of any kind
certificates. The required certificates and endorsements should otherwise be on industry standard forms.
The City reserves the right to require, at any time, complete, certified copies of all required insurance
policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution
Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the
following requirements also apply:
a.
beginning of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be
reement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains
higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for
higher limits maintained.
4.INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and
hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively,
(including reasonable attorneys
property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, arising out of or in connection with the performance of the Required Services, the results of
such performance, or this Agreement. This indemnity provision does not include any claims, damages,
liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified
Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the
ЊЏЊЉВ
5
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with
the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any
third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Co is
other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties.
Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree
that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses
and costs incurred by any of them.
4.4. ted or Modified
shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or
r this Section 4 shall
4.5. Enforcement Costs
obligations under this Section 4.
4.6 Survival
Agreement.
5FINANCIAL INTERESTS OF CONSULTANT.
.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form (Form
700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant,
or its employees or subcontractors who will be performing the Required Services, in any real property or
project which is the subject of this Agreement. Consultant warrants and represents that it has not employed
or retained any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it
has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. Consultant further
warrants and represents that no officer or employee of City, has any interest, whether contractual, non-
contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant
ЊЏЊЉВ
6
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of
any of these warranties, City shall have the right to rescind this Agreement without liability.
6.REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
ll other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default
cured, City may grant Consultant up to ten (10) additional days after the designated termination date to
effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately
7 below) prepared by Consultant as part of the
7
hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultan
receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount
that would have been payable under this Agreement for such work, and any such compensation shall be
reduced by any costs incurred or projected to beincurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or
any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
7 below) to City. Such Work
Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be
entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount
due and payable under this Agreement for work satisfactorily performed as of the date of the
termination/suspension notice plus any additional remaining Required Services requested or approved by
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by
City in the implementation of same, are incorporated herein by this reference. Upon request by City,
Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
ЊЏЊЉВ
7
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first
A to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the
performance of the Required Services (collectivel
property of City. No such Work Product shall be subject to private use, copyrights or patent rights by
Consultant in the United States or in any other country without the express, prior written consent of City.
City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent,
in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws.
With respect to computer files containing data generated as Work Product, Consultant shall make available
to City, upon reasonable written request by City, the necessary functional computer software and hardware
for purposes of accessing, compiling, transferring and printing computer files.
8.GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this
ich City may grant, condition or
deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations
hereunder without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts.This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
ЊЏЊЉВ
8
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
(End of page. Next page is signature page.)
ЊЏЊЉВ
9
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
SIGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant
agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and
consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
T.Y. LIN INTERNATIONALCITY OF CHULA VISTA
BY:________________________________BY: ________________________________
CLARK FERNON, P.E.MARY CASILLAS SALAS
VICE PRESIDENT
MAYOR
ATTEST
BY: ________________________________
DONNA R. NORRIS, CMC
CITY CLERK
APPROVED AS TO FORM
BY: ________________________________
GLEN R. GOOGINS
CITY ATTORNEY
ЊЏЊЉВ
10
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Gregory E. Tscherch, P.E., P.L.S.
276 Fourth Avenue, Chula Vista, CA 91910
619-409-1974
gtcherch@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@ci.chula-vista.ca.us
B. Consultant Contract Administration:
T.Y. LIN INTERNATIONAL
404 Camino del Rio South, Suite 700, San Diego, CA, 92108
619-279-3489
wade.durant@tylin.com
For Legal Notice Copy to:
CLARK FERNON
Unit Manager - So Cal/Nevada
T. Y. LIN INTERNATIONAL
404 Camino del Rio South, Suite 700, San Diego, CA, 92108
619-692-1920
clark.fernon@tylin.com
2. Required Services
A. General Description:
T. Y. Lin International will provide Resident Engineering, Construction Inspection, Bridge Inspection, Construction
Surveying, Environmental Compliance, Geotechnical, and Materials Testing Services for the construction of the
replacement Willow Street Bridge over the Sweetwater River.
B. Detailed Description:
The project scope of work shall be as described in the Request for Proposals and as summarized below:
> Construction Inspection and Management Services
Consultant shall provide professional engineering services to perform construction inspection, embodying the
necessary qualifications and experience to perform construction management services in accordance with the Caltrans
Local Assistance Procedures Manual Chapter 16 "Administer Construction Contracts" and Chapter 17 "Project
Completion". The Consultant team shall include a Resident Engineer (RE) to be the designated contact for all
ЊЏЊЉВ
11
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
communications and coordination of operations regarding Construction Inspection, Geotechnical, Construction
Surveying and Document Management Services with the Contractors and the City Oversight Resident Engineer
(ORE). With the support of the Bridge and Construction Inspectors, the RE will review the Contractor's performance
of work in accordance with the Contract Documents. The RE will draft and/or review change orders, provide
oversight of inspectors, review inspector diaries as needed, review estimate quantity sheets, generate/review monthly
progress pay estimates, and assist the ORE as requested, which may include supporting inspection of the construction
hall also provide accurate and thorough
recordkeeping utilizing Caltrans' numbered file system. All submittals, Requests for Information (RFI), and requests
for staking, testing, or sampling shall be coordinated by the RE with ORE review and approval.
Consultant shall provide a Construction Inspector to coordinate all requests and submittals from the Contractor
pertaining to civil improvements through the RE and assist the RE and Bridge Inspector in performing their respective
duties and shall be responsible for supporting oversight of the construction of civil improvements for the project.
The Consultant team shall also include a The Bridge Inspector will report to the RE and will be responsible for
reviewing aspects of the work pertaining to construction of structures with periodic assistance from the Construction
Inspector as needed. The Bridge Inspector is to perform the duties of the RE and Construction Inspector for aspects of
the project pertaining to bridge construction, and will coordinate administrative tasks such as requests, submittals,
claims, and document management with the RE.
> Construction Surveying Services
The Consultant shall provide professional land surveying services during the project construction and shall provide all
labor, tools, materials, including stakes, hubs, flagging, nails and paint, and equipment such as vehicles, survey
shall have experience performing all phases of Technical and Professional Land surveying for bridge replacement
projects, knowledge of Caltrans requirements, ability to provide land surveying reports in accordance with applicable
governing codes and shall have sufficient capacity to provide the requested services in a cost effective, timely and
professional manner. Team members are to be qualified licensed land surveyors, and technicians experienced in a
wide variety of structure construction engineering, field inspection, field engineering, contract administration and
other related duties.
> Environmental Compliance Services
The Consultant shall review and interpret environmental regulatory requirements and conduct field inspections and
audits of ongoing construction operations and records as necessary to ensure compliance with regulatory agency
environmental personnel along with local, state, and federal regulatory inspectors. The Consultant shall also assist the
ORE in coordinating any external audits that may be performed by regulatory agencies. Refer to the Willow Street
Bridge Replacement Project Mitigation Measure Monitoring and Reporting Program for specific monitoring and
training requirements. The Consultant shall also observe and document Contractor compliance with the MMMRP
during routine survey visits.
> Geotechnical Services
The Consultant shall provide professional engineering services to perform geotechnical and special inspection testing
services during the project construction and shall provide appropriate equipment such as vehicles, drilling equipment,
laboratory test equipment, personal computers, camera, tools, and personal safety equipment to perform this work.
personnel shall have experienced performing geotechnical investigations for bridge replacement
ЊЏЊЉВ
12
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
projects, knowledge of Caltrans requirements, ability to provide geotechnical investigation reports in accordance with
applicable governing codes and shall have sufficient capacity to provide the requested services in a cost effective,
timely and professional manner. Team members are to be registered Geotechnical Engineer or a Civil Engineer,
geologist, CAD operator and laboratory and concrete technicians experienced in a wide variety of structure
construction engineering, soils engineering, field inspection, material testing, field engineering, contract
administration and other related duties. In-situ soil mitigation activities are not anticipated for this project as the
liquefiable soils will be mitigated by the foundation design.
> Materials Testing Services
The material testing consultant will provide, on an as-needed basis, quality assurance check testing of permanent
materials used in the project, such as compacted earthwork, Portland cement concrete, asphalt concrete,
reinforcement, pre-stressing materials, grout, and check lines and grades of structures, etc. Multiple laboratories may
be needed depending on the materials being tested and whether a laboratory is qualified to test a given material.
3.Term:
In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin
November
and end on for completion of all Required Services.
8, 2016December 31, 2020
4. Compensation:
A. Form of Compensation
Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated
in the attached Exhibit D.
B. Reimbursement of Costs
Invoiced for agreed-upon amounts as identified in Exhibit D
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed
through shall not exceed .
December 31, 2020$2,157,242
5. Special Provisions:
Permitted Sub-consultants:
Southern California Soil & Testing, Inc.
ECORP Consulting, Inc.
Sampo Engineering, Inc.
EarthSpectives
STC Traffic, Inc.
ZT Consulting Group, Inc.
Safework, Inc.
ЊЏЊЉВ
13
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
EXHIBIT B
INSURANCE REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of InsuranceMinimum AmountForm
General Liability: $2,000,000 per occurrence for Insurance Services Office Form
Including products and bodily injury, personal injury CG 00 01
completed operations, (including death), and property
personal and damage. If Commercial General
advertising injuryLiability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement *Must be primary and must not
or Blanket AI Endorsement for exclude Products/Completed
City* Operations
Waiver of Recovery Endorsement
Automobile Liability$1,000,000 per accident for bodily Insurance Services Office Form
injury, including death, and CA 00 01
property damageCode 1-Any Auto
Code 8-Hired
Code 9-Non Owned
$1,000,000 each accident
Compensation $1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Professional Liability $1,000,000 each occurrence
(Errors & Omissions) $2,000,000 aggregate
Other Negotiated Insurance Terms: NONE
ЊЏЊЉВ
14
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
12
The Political Reform Act and the Chula Vista Conflict of Interest Code
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain
3
ethics training requirements.
1.Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the
.
2.Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the
City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700
filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the
termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City
pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an
analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the
Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing
requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the
City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
NameEmail AddressApplicable Designation
Wade Durantwdurant@tylin.com
A. Full Disclosure
B. Limited Disclosure
(select one or more of
the above categories under which the consultant
shall file):
1.2.3.4.5.6.7.
Justification:
C. Excluded from Disclosure
A. Full Disclosure
B. Limited Disclosure
(select one or more of
the above categories under which the consultant
shall file):
1.2.3.4.5.6.7.
Justification:
C. Excluded from Disclosure
Completed by:
Wade Durant, PE
et seq.
1 Cal. Gov. Code §§81000 ; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
et seq.
3 Cal. Gov. Code §§53234,
ЊЏЊЉВ
15
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
ЊЏЊЉВ
16
City of Chula Vista Agreement No.:
Consultant Name: T.Y. LIN INTERNATIONAL
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENTBETWEEN
THE CITY OF CHULA VISTA ANDT.Y. LIN
INTERNATIONAL TO PROVIDE PROFESSIONAL
CONSTRUCTION MANAGEMENT CONSULTING SERVICES
FOR THE WILLOW STREET BRIDGE REPLACEMENT
PROJECTIN THE AMOUNT OF $2,157,242
WHEREAS, the Willow Street Bridge Replacement Project intends to construct a
replacement bridge across the Sweetwater River at Willow Street ("bridge"); and
WHEREAS, the bridge is eligible for replacement funding through the Federal Highway
Bridge Program administered through the California Department of Transportation District 11
Local Assistance; and
WHEREAS, City requires construction management services in order to oversee the
construction of the replacement Willow Street Bridge, which involves extensive specialized
structural construction, and ensure compliance with requirements associated with the Federal
Highway Bridge Program; and
WHEREAS, in order to procure these services, City Staff prepared a Request for
Proposals for Professional Construction Management Consulting Services for the "Willow Street
Bridge Replacement Project (STL261)" and advertised the scope on May 29, 2015 in accordance
with the California Department of Transportation's Local Assistance Procedures Manual; and
WHEREAS, on July 1, 2015, the Director of Public Works Engineering received three
(3) Statements of Qualifications with sealed cost proposals for the "Willow Street Bridge
Replacement Project (STL261)"; and
WHEREAS, the City Manager approved the formation of a consultant selection
Committee (Committee) that included representation from the California Department of
Transportation; and
WHEREAS, the Committee reviewed and evaluated the qualifications and proposals
from the three (3) proposing firms and conducted proposal interviews with the three (3)
proposing firms; and
WHEREAS, at the end of the review and interview process, the Committee
selected T. Y. Lin International; and
WHEREAS, staff recommends that theagreementwith T. Y. Lin International be
approvedin the amount of $2,157,242.
C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@94052F12\\@BCL@94052F12.doc
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the Agreementbetween the Cityof Chula Vistaand T. Y. Lin
International to Provide Professional Construction Management Consulting Services, inthe form
presented, with such minor modifications as may be required or approved by the City Attorney, a
copy of which shall be kepton file in the Office of the City Clerk, and authorizesand directsthe
Mayorto execute same.
Presented byApproved as to form by
Richard A. HopkinsGlen R. Googins
Director of Public WorksCity Attorney
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
City of Chula Vista
Staff Report
File#:16-0421, Item#: 7.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGATHIRD
AMENDMENTTOTHEEXISTINGAGREMEENTBETWEENTHECITYOFCHULAVISTA&
KLEINFELDER,INC.(FORMERLYKNOWNASSIMONWONGENGINEERING,INC.)FORTHE
WILLOW STREET BRIDGE REPLACEMENT PROJECT
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
ByResolution2005-210,onJune21,2005,theCityCouncilapprovedanagreementwithSimon
WongEngineeringInc.intheamountof$1,181,891forenvironmentalandengineeringservices
requiredfortherehabilitationorreplacementoftheWillowStreetBridge.ByResolution2009-014on
January27,2009andResolution2013-059onApril16,2013theCityCouncilapprovedtheFirstand
SecondAmendments,respectively.SaidFirstandSecondAmendmentsincreasedthetotalamount
oftheoriginalagreementto$1,939,152and$2,548,880,respectively,foradditionaltimeandeffort
requiredtocompletetheenvironmentalandengineeringservicesfortheproject.AsofDecember31,
2012,SimonWongEngineeringInc.wasacquiredbyKleinfelder,Inc.,however,nochangesto
assignmentoftheexistingagreementwererequired(seeAttachmentforagreementre-assignment
from Simon Wong Engineering, Inc. to Kleinfelder, Inc.).
Inordertocompleteafewoftheitemsfromtheoriginalscopeofworkidentifiedduringthe
PreliminaryEngineeringPhase(Phase1),FinalDesignPhase(Phase2)andConstructionSupport
Phase(Phase3),theconsultantrequiresaThirdAmendmenttotheiragreement.Thisamendmentis
primarilyneededtocompletethefinaldesignofthebridgeandtoprovideconstructionsupport.Staff
recommendsthatKleinfelder,Inc.formerlyknownasSimonWongEngineeringInc.(Consultant)
agreementbeincreasedby$383,877foratotalof$2,932,757toensurecompletionofphase2final
design and construction support of the Willow Street Bridge Replacement project.
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectwasadequatelycoveredinpreviouslyadoptedFinalMitigatedNegativeDeclarationfor
theWillowStreetBridgeReplacementProjectandpreviouslycertifiedCategoricalExclusionpursuant
toCodeofFederalRegulations(CFR)Title23,Section771.Thus,nofurtherCalifornia
EnvironmentalQualityAct(CEQA)andNationalEnvironmentalPolicyAct(NEPA)environmental
review or determination is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedaction(s)consistingofwaivingthe
consultantselectionprocessandapprovingathirdamendmentforadditionalworktoanexisting
City of Chula VistaPage 1 of 4Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0421, Item#: 7.
agreementbetweentheCityofChulaVistaandaConsultingEngineeringFirmforcompliancewith
theCaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheproposedaction(s)and
relatedadditionalworkitemswereadequatelycoveredinpreviouslyadoptedFinalMitigated
NegativeDeclarationfortheWillowStreetBridgeReplacementProject.PursuanttotheCalifornia
EnvironmentalQualityAct(CEQA)onNovember14,2011theCity,actingasLeadAgency,approved
IS-10-006.Thus,nofurtherCEQAenvironmentalreviewordeterminationisrequired.TheDirectorof
DevelopmentServiceshasalsoreviewedtheproposalforcompliancewiththeNational
EnvironmentalPolicyAct(NEPA)andhasdeterminedthattheproposedactionswereadequately
coveredinpreviouslycertifiedCategoricalExclusionpursuanttoCodeofFederalRegulations(CFR)
Title 23, Section 771. Thus, no further NEPA environmental review or determination is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
TheWillowStreetBridgeReplacementprojectincludesbridgereplacementandimprovementsto
adjacent streets and infrastructure.
TheapproximatelimitsoftheprojectarebetweentheintersectionsofBonitaRoadandSweetwater
Road.Theexistingright-of-wayisapproximately100-feetwide,withthebridgeintheapproximate
center.Theprojectrequiresinter-agencycoordinationamongtheCityofChulaVista,theCountyof
San Diego, and the California Department of Transportation (Federal Oversight).
Theprojectconstructionisbeingdeliveredintwo(2)phasesconsistingofwatertransmissionline
relocations(CIP#STL384)followedbybridgeandroadwayconstruction(CIP#STL261).Noticeof
Completion for Phase I construction was recorded on December 9, 2015.
Todate,staffissatisfiedwiththequalityoftheConsultant’sworkcompletedundertheagreement.
The Consultant and its team have been responsive to City issues and project needs.
Existing Simon Wong Agreement Scope of Work (Resolution No. 2005-210)
The existing scope of work includes the following three (3) phases:
PreliminaryEngineering:designalternativeevaluation;environmentaldocumentation;
topographicalmapping;geotechnicalinvestigation;hydraulicstudies;andbridgetype
selection.
Final Design: developing required construction-ready plans, specifications, and documents.
ConstructionSupport:bidsupport;observingconstruction;addressingrequestsfor
information; and, as-built detailing.
First Agreement Amendment (Resolution No. 2009-014)
The First Amendment provided for the following additional consultant services:
Additional effort required for Alternative Analysis Report
City of Chula VistaPage 2 of 4Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0421, Item#: 7.
Additional design support for the Project Report
Added seismic & liquefaction analysis to the geotechnical investigation
Added biological monitoring during the geotechnical investigation
Added formal bridge type selection process per Caltrans requirements
Additional hydraulic studies
Additional Landscape Architectural work and community meetings
Compliance with revised federal bridge design code
Increase in civil engineering design due to complexity of roadway improvement
Include Cost of Living Rate for the term of the contract
Second Agreement Amendment (Resolution No. 2013-059)
The Second Amendment provided for the following additional consultant services:
Incorporate the approved mitigation measures into the design plans
Revising plans and specifications to accommodate a multi-phase project
AddresscommentsfromtheCityofSanDiego,SweetwaterAuthority,CountyofSanDiego
and various City of Chula Vista departments
Design support during the bidding and construction phases
Environmental monitoring during construction
Geotechnical construction observations for final bridge design
Review of shop drawings & Responses to Requests For Information (RFI)
As-built plan detailing
Third Agreement Amendment (Proposed)
AdditionaltimeandeffortisrequiredfromtheConsultantinordertocompletethefollowingwork
items:
AddresscommentsfromtheCountyofSanDiego,CaltransStructuresLocalAssistance
(SLA), and various City of Chula Vista departments
Finalize contract documents for bidding
Design support during the bidding and construction phases over 2 years
Geotechnicalobservationsofbridgeconstructionthroughliquefiablesoilsandhigh
groundwater table
Responses to Requests For Information (RFI)
As-built plan detailing
ThisproposedThirdAmendmentwillprovideforthecompletionofthepreviouslylistedworkitems
that were recommended by Caltrans SLA as the final bridge design progressed.
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty
holdingswithin500feetofthelimitsoftheprojectthatisthesubjectofthisaction.Consequently,
thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictofinterestunder
CaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthePolitical
Reform Act (Cal. Gov’t Code §87100,et seq.).
City of Chula VistaPage 3 of 4Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0421, Item#: 7.
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.Thisprojectsupports
StrongandSecureNeighborhoodsbyensuringsustainableandwell-maintainedinfrastructureto
provide safe and appealing communities to live, work, and play.
CURRENT YEAR FISCAL IMPACT
Provided below is a summary of costs for the Third Amendment:
Allfundsrequiredfortheseservicesandbridgeimprovementshavebeenprovidedunderagrant
fromtheHighwayBridgeProgram(HBP)andundertheCity’sTransportationDevelopmentImpact
Fee(TDIF)program.TheHBPwillreimburse88.53%oftheeligiblecostsforconstruction.The
remainingcostswillbefundedbyTDIF.Noappropriationsareneededasaresultofthisactionas
sufficient funding is available in CIP STL261 to cover consultant costs.
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require only routine maintenance.
ATTACHMENTS
1.Kleinfelder, Inc. Amendment No. 3 Request, dated October 6, 2016
2.Third Amendment
3.ConsenttoAssignmentandNovationAgreementSimonWongEngineering,Inc.toKleinfelder,
Inc., dated December 18, 2014
Staff Contact: Paul Oberbauer, Associate Civil Engineer
City of Chula VistaPage 4 of 4Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
October 6, 2016
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention: Greg Tscherch
Subject:
WILLOW STREET BRIDGE – ADDENDUM No. 3
Dear Greg:
At your request, we have prepared the following scope of work and fee proposal for additional
services for the Willow Street Bridge project. This work addresses the need for additional funds
for bid and construction phase services per the original contract Task 8.A.3 including addendum
to the design.
This request is the result of additional design work due to the review comments by Caltrans
Structures Local Assistance (SLA) and their various functional units and the constructability
review by the Construction Manager hired by the City. The review and acceptance by Caltrans
SLA is required in order to obtain their technical concurrence as part of the Highway Bridge
Program funding for the project. The attached scope of work includes a detailed description of
the additional services. A brief summary of the addendum for Kleinfelder (formerly Simon Wong
Engineering) and our subconsultants is as follows:
Kleinfelder Design (formerly Simon Wong Engineering)
Additional time and effort is required to coordinate and manage the additional design work.
Additional meetings are also required for the coordination of the added scope. The additional
design requires revisions to the design plans, specifications, and cost estimates (PS&E)
package, including supporting reports and design calculations, and includes:
Revisions to the bridge plans, design calculations, quantities, cost estimates, special
provisions, and type selection report to address the borderline lateral spreading potential
at the bridge approaches, in addition to changes to the Bridge Memo to Designers
reference documents. Coordination of the design documents with the revised
geotechnical recommendations is also required. Detailed responses to the review
comments by Caltrans SLA. Follow-up meetings and responses to SLA comments.
Revisions to pile casing and tip elevation per SLA requests and the constructability
review comments. Coordination with SDG&E and revisions to utility plans. Revisions to
specifications for deck concrete and updated SSP’s.
550 West C Street, Suite 1200, San Diego CA 92101 p | 619.831.4600 f | 619.232.1039
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Willow Street Bridge – Addendum No. 3
October 6, 2016
Page 2
Geocon
Specific additional services included the following tasks:
Performing additional calculations to address lateral spreading potential as requested by
Caltrans SLA in the review comments and issuing an addendum to the Foundation
Report with confirmation of previous recommendations and/or revised recommendations.
Issue second amendment to the foundation report to address follow-up comments by
SLA and the constructability review on pile casings and tip elevations.
Bid and Construction Services
In addition to the work described above, bid and construction phase services will be completed
per the scope of work listed in the original contract Task 8.A.3. This will include budget for
Kleinfelder and our key subconsultants to assure the project is completed in accordance with
our design intent and to assist the City and construction management consultant in completing
the construction phase of the project.
A detailed compilation of the changes in scope of work, based on our approved contract, is
attached. The fee estimate for these items is also attached.
Our total Addendum No. 3 fee request is as follows:
Phase 3 – Bid and Construction Support $383,877.00
Total Addendum No. 3 $383,877.00
Kleinfelder appreciates this opportunity to continue working with the City of Chula Vista on this
bridge replacement project. Please call if you have any questions.
Sincerely,
KLEINFELDER, INC.
James Frost
Vice President
JF:nv
att.
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
0 ¦¤
Willow Street Bridge over the Sweetwater River
City of Chula Vista
September 2016
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
THIRDAMENDMENT
toAgreement between the
City of Chula Vista
and
Kleinfelder, Inc. (formerly Simon Wong Engineering, Inc.)
For Engineering and Project Management Services for the Willow Street Bridge
Rehabilitation Project
This THIRD AMENDMENT is entered into effective as of November 8, 2016
by and between Kleinfelder, Inc. (formerly
Simon Wong Engineering, Inc.) with reference to the following facts:
RECITALS
WHEREAS, City and Consultant previously entered into Agreement between City of
Chula Vista and Simon Wong Engineering, Inc. for Engineering and Project Management
Services for the Willow Street Bridge Rehabilitation ProjectOriginal Agreementon June 21,
2005by Resolution No. 2005-210; and
WHEREAS, said agreement was amended by Resolution No. 2009-014 on January 27,
2009 and by Resolution No. 2013-059 on April 16, 2013; and
WHEREAS, Staff requested cursory structural review by Caltrans Structures Local
Assistance (SLA) for specialty technical review of the proposed Willow Street Bridge structural
design; and
WHEREAS, technical reviews by Caltrans SLA and comments resulting from
constructability review resulted in the need for additional analysis and certain revisions that were
not anticipated in the original agreement or amendments; and
WHEREAS, City and Consultant desire to amend the Agreement to account for
additional costs resulting from unanticipated design items associated with design reviews by
Caltrans SLA and the associated construction support and for other increases in costs associated
with some items from the scope of work that require additional time and effort to ensure
completion of the Willow Street Bridge Replacement project under the agreement; and
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of
the parties set forth herein, City and Consultant agree as follows:
1.Exhibit A, entitled Amended and Restated Scope of Work and Payment Terms is
hereby attached hereto and incorporated herein by this reference.
2. Except as expressly provided herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
16108
City of Chula Vista Amendment to Agreement No.:
Consultant Name: Kleinfelder, Inc. (formerly Simon Wong Engineering, Inc.)
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
3. Each party represents that it has full right, power and authority to execute this THIRD
Amendment and to perform its obligations hereunder, without the need for any
further action under its governing instruments, and the parties executing this
Amendment on the behalf of such party are duly authorized agents with authority to
do so.
16108
City of Chula Vista Amendment to Agreement No.:
Consultant Name: Kleinfelder, Inc. (formerly Simon Wong Engineering, Inc.)
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
SIGNATURE PAGE TO THIRD
AMENDMENT
TO
ENTER ORIGINAL AGREEMENT TITLE
KLEINFELDER, INC. (FORMERLY SIMON CITY OF CHULA VISTA
WONG ENGINEERING, INC.)
BY:________________________________BY: ________________________________
MARK CREVELING, P.E.MARY CASILLAS SALAS
VICE PRESIDENTMAYOR
PRINCIPAL-IN-CHARGE
ATTEST
BY:_________________________________
DONNAR. NORRIS, CMC
CITY CLERK
APPROVED AS TO FORM
BY: _________________________________
GLEN R. GOOGINS
CITY ATTORNEY
16108
City of Chula Vista Amendment to Agreement No.:
Consultant Name: Kleinfelder, Inc. (formerly Simon Wong Engineering, Inc.)
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
EXHIBIT A
AMENDED AND RESTATED
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
GREGORY E. TSCHERCH, P.E., P.L.S.
276 Fourth Avenue, Chula Vista, CA 91910
619-409-1974
gtscherch@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.us
B. Contractor/Service Provider Contract Administration:
KLEINFELDER, INC. (FORMERLY SIMON WONG ENGINEERING, INC.)
550 West C Street, Suite #1200, San Diego, CA 92101
619-831-4548
jfrost@kleinfelder.com
For Legal Notice Copy to:
Kleinfelder, Inc.
Mark Creveling, PE
550 West C Street, Suite #1200, San Diego, CA 92101
619-831-4549
mcreveling@kleinfelder.com
2. Required Services
A. General Description:
Kleinfelder, Inc. will provide bid and construction support services for the Willow Street
Bridge Replacement Project.
B. Detailed Description:
>Task 8.A.3 Bid and Construction Services
Consultant along with key subconsultants will provide construction support services to assure
the project is completed in accordance with the intent of the final design and support City and
construction management consultant in completing the construction phase of the project.
Construction support may include attending monthly meetings, addressing constructability
16108
City of Chula Vista Amendment to Agreement No.:
Consultant Name: Kleinfelder, Inc. (formerly Simon Wong Engineering, Inc.)
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
review comments, bid support, survey datum control, construction observation of critical
phases of work, and as-built plan detailing.
3.Term:
In accordance with Section 1.10 of this Agreement, the term of this Agreement shall
begin November 8, 2016 and end on December 31, 2019 for completion of all Required
Services.
4. Compensation:
A. Form of Compensation
Time and Materials.For performance of the Defined Services by Contractor/Service Provider
as herein required, City shall pay Contractor/Service Provider for the productive hours of time
spent by Contractor/Service Provider in the performance of said Services, at the rates or amounts
as indicated in the attached Exhibit B and summarized below:
Original 1st Amendment 2nd Amendment 3rd Amendment
AgreementAgreementAgreementAgreement
Task 8.A.1 -Task 8.A.1 -Task 8.A.1 -Task 8.A.1 -
$613,894.00$434,816.00$0.00$0.00
Task 8.A.2 -Task 8.A.2 -Task 8.A.2 -Task 8.A.2
$484,620.00$301,107.00$352,740.00$0.00
Task 8.A.3 -Task 8.A.3 -Task 8.A.3 -Task 8.A.3 -
$83,377.00$21,338.00$256,988.00$383,877.00
$1,181,891.00$757,261.00$609,728.00$383,877.00
New Contract Amount (Base + First, Second, and Third Amendments) = $2,932,757.00
B. Reimbursement of Costs
Invoiced for agreed-upon amounts as identified in Exhibit B
5. Special Provisions:
Permitted Sub-Contractor/Service Providers:
AECOM
Chang Consultants
Geocon, Inc.
Kimley-Horn and Associates
KTU+A
16108
City of Chula Vista Amendment to Agreement No.:
Consultant Name: Kleinfelder, Inc. (formerly Simon Wong Engineering, Inc.)
Rev. 8/23/16
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A THIRD AMENDMENT TO
THE EXISTING AGREEMENTBETWEEN THE CITYOF
CHULA VISTA & KLEINFELDER, INC. (FORMERLY
KNOWN AS SIMON WONG ENGINEERING, INC.) FOR THE
WILLOW STREET BRIDGE REPLACEMENT PROJECT
WHEREAS, on June 21, 2005, by Resolution No. 2005-210, the City Council approved
an agreement with Simon Wong Engineering, Inc. in the amount of $1,181,891 for
environmental and engineering services required for the rehabilitation or replacement of Willow
Street Bridge; and
WHEREAS, on January 27, 2009, by Resolution No. 2009-014, the City Council
approved the First Amendment to the existing agreement that increased the total amount to
$1,939,152for replacement of the Willow Street Bridge; and
WHEREAS, on April 16, 2013, by Resolution No. 2013-059, the City Council approved
the Second Amendment to the existing agreement that increased the total amount to $2,548,880
for design revisions for the replacement of the Willow Street Bridge; and
WHEREAS, during the performance of the agreement it was determined that certain
design item revisions in addition to additional construction supportare required to ensure
completion of the Willow Street Bridge Replacement project; and
WHEREAS, Kleinfelder, Inc.’s engineering team (formerly Simon Wong Engineering,
Inc.) has been responsive to City issues and project needs, and staff is satisfied with their
performance; and
WHEREAS, staff recommends that the Kleinfelder, Inc. agreement be amended to
increase the contract by $383,877, resulting in a total contract amount of $2,932,757.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the Third Amendment to the Agreementbetween the Cityof Chula Vista
and Kleinfelder, Inc., inthe form presented, with such minor modifications as may be required or
approved by the City Attorney, a copy of which shall be kepton file in the Office of the City
Clerk, and authorizesand directsthe Mayorto execute same.
C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@94057F17\\@BCL@94057F17.doc
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Resolution No.
Page 2
Presented byApproved as to form by
Richard A. HopkinsGlen R. Googins
Director of Public WorksCity Attorney
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
City of Chula Vista
Staff Report
File#:16-0512, Item#: 8.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDINGTHEFISCAL
YEAR2016/2017CIPPROGRAMBUDGET,ESTABLISHINGANEWCIPPROJECTGG228,
“PARKWAYCOMMUNITYCENTERANDMEMORIALPARKIMPROVEMENTS”,AND
APPROPRIATING$775,925OFHOUSING-RELATEDPARKSPROGRAMGRANTFUNDSTOCIP
GG228 (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
OnDecember10,2014,theStateofCaliforniareleasedanoticeoffundingavailabilityforthe
Housing-RelatedParks(HRP)Program.OnFebruary3,2015,byResolution2015-017Council
authorizedstafftosubmitanapplicationfortheproject.OnNovember6,2015,theStatenotifiedstaff
thattheCityhasbeenawardedagranttotaling$775,925forimprovementstotheParkway
CommunityCenterandMemorialPark.TheproposedCouncilactionwouldcreateaCIPprojectfor
the park improvements and allocate the grant funding to the project.
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectqualifiesforaClass1CategoricalExemptionpursuanttoSection15301(Existing
Facilities) of the California Environmental Quality Act State Guidelines.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass
1CategoricalExemptionpursuanttoSection15301(ExistingFacilities)oftheStateCEQA
GuidelinesbecausetheprojectsconsistofimprovementstotheexistingParkwayCommunityCenter
building,ParkwaypoolandMemorialParkplaygroundandIrrigation.Thus,nofurtherenvironmental
review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
On February 3, 2015, by Resolution 2015-017 Council authorized staff to apply for a State of
California Housing-Related Parks (HRP) Program Grant and enter into an agreement if the
application was approved. On February 5, 2015, the City applied for a grant award of $1,010,000
and on November 6, 2015, was awarded $775,925 for improvements to the existing Parkway
Community Center, Parkway pool and Memorial Park playground and irrigation. The grant application
City of Chula VistaPage 1 of 3Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0512, Item#: 8.
set for the following project cost breakdown:
Pool Resurfacing$200,000.00
Pool Deck Improvements$110,000.00
Rain Gutter Improvements$50,000.00
Roof Upgrade & Painting$350,000.00
Restroom & shower upgrades$300,000.00
Total$1,010,000.00
On November 3, 2015, and December 15, 2015, by Resolutions 2015-252 and 2015-286,
respectively, Council authorized contracts for the replacement of the Parkway gymnasium/pool roof
and rain gutter improvements using State of California Housing-Related Parks (HRP) Program grant
obtained on September 10, 2012 and one-time funding from the TUT Common Fund. The roof and
rain gutter improvement work was completed on March 3, 2016. This allows the monies designated
for roof and rain gutter improvements in the November 6, 2015 grant to be directed to other needs at
the facility. The scope outlined in the original grant was amended to account for the completed work
and match the November 6, 2015 grant amount as follows:
Pool Resurfacing & ADA$250,000.00
Ramp
Pool Deck Improvements$75,000.00
Pool Mechanical Updates$75,925.00
Gym Restoration and$75,000.00
Upgrades
Restroom & Shower$100,000.00
Renovations and ADA
Upgrades
Painting, Various Site and$200,000.00
ADA Upgrades
Total$775,925.00
The revised scope was developed through discussions with the Director of Public Works, Director of
Recreation, and the Building Inspection Manager to make the best use of the available funds. The
projected costs are approximate; as the project is further developed, the budget for some items may
need to be adjusted and some items may need to be eliminated. The amended scope was submitted
to the State of California Department of Housing and Community Development.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this action.
Consequently, this item does not present a disqualifying real property-related financial conflict of
interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the
Political Reform Act (Cal. Gov’t Code §87100,et seq.).
City of Chula VistaPage 2 of 3Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0512, Item#: 8.
Staff is not independently aware, and has not been informed by any City Councilmember, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The Parkway
Community Center and Pool Improvements project supports the Healthy Community goal as it seeks
to improve physical education and recreation opportunities.
CURRENT YEAR FISCAL IMPACT
Approval of the resolution will appropriate $775,925 in Housing-Related Parks (HRP) Program Grant
Funds to CIP GG228 for improvements associated with Parkway Community Center and Memorial
Park. The HRP Grant does not reimburse staff costs associated with administering the project
representing a nominal impact to the General Fund.
ONGOING FISCAL IMPACT
The improvements will require only routine City maintenance.
ATTACHMENTS
1.Resolution 2015-017 dated February 3, 2015
2.State of California Department of Housing and Community Development Standard agreement
number 14-HRPP-10337 dated November 6, 2015
Staff Contact:
Jonathan Salsman, PE, Sr. Civil Engineer
City of Chula VistaPage 3 of 3Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FY 2016/2017 CIP PROGRAM BUDGET AND
ESTABLISHING A NEW CIP PROJECT GG228, “PARKWAY COMMUNITY
CENTER AND MEMORIALPARK IMPROVEMENTS”; AND
APPROPRIATING $775,925 OF HOUSING-RELATED PARKS (HRP)
PROGRAM GRANT FUNDS TO CIP GG228 (4/5 VOTE REQUIRED)
WHEREAS,on December 10, 2014,the State of California released a notice of funding
availability for the Housing-Related Parks (HRP)Program; and
WHEREAS, on February 3, 2015,by Resolution 2015-017 Council authorized staff to
submit an application for an HRP grant for improvements to the Parkway Community Center and
Memorial Park; and
WHEREAS, on November 6, 2015,the State notified staff that the City has been awarded
a grant totaling $775,925 for improvements to the Parkway Community Center and Memorial
Park.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula does
hereby amend the FY 2016/2017 CIP Program Budget and establish a new CIP project GG228,
“Parkway Community Center and Memorial ParkImprovements”;and appropriate$775,925 of
Housing-Related Parks (HRP) Program Grant Fundsto CIPGG228.
Presented byApproved as to form by
Richard A.Hopkins Glen R. Googins
Director of Public WorksCity Attorney
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
City of Chula Vista
Staff Report
File#:16-0281, Item#: 9.
CONSIDERATIONOFTHEFORMATIONANDESTABLISHMENTOFCOMMUNITYFACILITIES
DISTRICTNO.18M(OTAYRANCHVILLAGE3)(“CFDNO.18M”),CONDUCTINGASPECIAL
ELECTIONTHEREIN,AUTHORIZATIONTOLEVYASPECIALTAXTHEREIN,AND
CONSIDERATIONOFAUTHORIZINGTHEANNEXATIONOFTERRITORYINTHEFUTURETO
CFD NO. 18M
A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACTINGINITS
CAPACITYASTHELEGISLATIVEBODYOFCFDNO.18MFORMINGAND
ESTABLISHINGCFDNO.18M,ANDAUTHORIZINGSUBMITTALOFLEVYOFSPECIAL
TAXES OF CFD NO. 18M TO THE QUALIFIED ELECTORS
B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACTINGINITS
CAPACITYASTHELEGISLATIVEBODYOFCFDNO.18MDECLARINGTHERESULTS
OF A SPECIAL ELECTION IN CFD NO. 18M
C.ORDINANCEOFTHECITYOFCHULAVISTAACTINGINITSCAPACITYASTHE
LEGISLATIVEBODYOFCFDNO.18M,AUTHORIZINGTHELEVYOFASPECIALTAXIN
CFD NO. 18M (FIRST READING)
D.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACTINGINITS
CAPACITYASTHELEGISLATIVEBODYOFCFDNO.18M,AUTHORIZINGTHE
ANNEXATION OF TERRITORY IN THE FUTURE TO CFD NO. 18M
RECOMMENDED ACTION
Council conduct the public hearing, adopt the resolutions, and place the ordinance on first reading.
SUMMARY
OnOctober4,2016,CouncilapprovedtheResolutionofIntentiontoformCommunityFacilities
DistrictNo.18M(“CFDNo.18M”)(Resolution2019-198)andtheResolutionofIntentiontoAuthorize
theAnnexationintheFuturetoCommunityFacilitiesDistrictNo.18M(Resolution2016-199)andset
the public hearing for November 8, 2016.
CommunityFacilitiesDistrictNo.18M(OtayRanchVillage3)willfundthemaintenanceand
replacementof(a)landscaping,including,butnotlimitedto,trees,slopes,parkwaysandmedians;
(b)facilitiesthataredirectlyrelatedtostormwaterqualitycontrol;(c)wallsandfencing;and(d)trails
within the Otay Ranch Village 3 master planned community.
Therearetwoseparateactionsthisevening.Thefirstpublichearingandadoptionofthefirsttwo
resolutionsandtheordinanceabove,willcontinuetheformalproceedingsleadingtothe
City of Chula VistaPage 1 of 8Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0281, Item#: 9.
establishmentofCommunityFacilitiesDistrictNo.18Mandauthorizationofthelevyofthespecial
tax.
Iffollowingthefirstpublichearing,theelectionauthorizingthelevyofthespecialtaxissuccessful,
theCouncilmayproceedwiththesecondaction,whichwillbethepublichearingandadoptionofthe
resolution authorizing the annexing in the future of certain territory to CFD No. 18M.
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectwasadequatelycoveredinpreviouslyadopted/certifiedFinalEnvironmentalImpact
Report(EIR13-01)fortheOtayRanchUniversityVillagesProjectComprehensiveSectionalPlanning
Area(SPA)PlanAmendment.Thus,nofurtherenvironmentalreviewordocumentationwillbe
conducted or considered in connection with this action.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectwasadequately
coveredinpreviouslyadopted/certifiedFinalEnvironmentalImpactReport(EIR13-01)fortheOtay
RanchUniversityVillagesProjectComprehensiveSectionalPlanningArea(SPA)PlanAmendment.
Thus, no further environmental review or documentation is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
OnJanuary13,1998,Counciladoptedthe“CityofChulaVistaStatementofGoalsandPolicies
regardingtheestablishmentofCommunityFacilitiesDistricts”(the“GoalsandPolicies”).The
approvalofthisdocumentratifiedtheuseofCFDsasapublicfinancingmechanismfor(1)the
constructionand/oracquisitionofpublicinfrastructure,and(2)thefinancingofauthorizedpublic
services.Taxesleviedbymaintenancedistricts,suchasCFDNo.18M,arecurrentlyexcludedfrom
the 2% maximum tax criterion set forth in the Goals and Policies.
OnApril28,1998,Council,actingunderitsCharterauthority,enactedthe“ChulaVistaCommunity
FacilitiesDistrictOrdinance”(the“Ordinance”).TheOrdinanceadoptedtheMello-RoosActwith
modificationstoaccomplishthefollowing:(1)incorporateallmaintenanceactivitiesauthorizedbythe
“Landscaping&LightingActof1972”(the“1972Act”);(2)includecertainmaintenanceactivitiesnot
listedintheMello-RoosActorthe1972Act;and(3)establishanoperatingreservefundforopen
space districts.
HomefedVillageIIIMaster,LLChasrequestedthattheCityconductproceedingstoconsiderthe
approvaloftheestablishmentofCFDNo.18M.OtayRanchVillage3,consistsofapproximatelyfour-
hundredandtwenty-three(423)acreslocatedjustsouthandeastoftheOtayLandfillandVillage
Two,westoftheexistinglightindustrialusesintheCityofChulaVistaandnorthoftheOtayRiver
Valley.OtayRanchVillage3isproposedtocontainapproximately702single-familyunitsand563
City of Chula VistaPage 2 of 8Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0281, Item#: 9.
multi-familyunits,7.9acresofofficeuse,and16.8acresofindustrialuse.Thisdistrictwillfundthe
maintenanceandreplacementof(a)landscaping,including,butnotlimitedto,trees,slopes,
parkwaysandmedians;(b)facilitiesthataredirectlyrelatedtostormwaterqualitycontrol;(c)walls
and fencing; and (d) trails.
TherequiredresolutionswereadoptedatthemeetingoftheCityCouncilonOctober4,2106to
initiatetheproceedingstoestablishCFDNo.18MandtoauthorizefutureannexationstoCFDNo.
18MtocertainterritorydesignatedastheFutureAnnexationArea,andBoundaryMapsofthe
proposedCommunityFacilitiesDistrictandFutureAnnexationAreawererecordedwiththeSan
Diego County Recorder’s office within the required 10-day period.
TherearetwoseparateactionsrelatedtoCFDNo.18Mtonight.Thefirstactionwillcontinuethe
formalproceedingsleadingtotheestablishmentofCFDNo.18M.Ifthereisnoprotestatthepublic
hearingonthisfirstmatter,andifthespecialelectionauthorizingthelevyofthespecialtaxis
successful, the Council may proceed with the second action.
Thesecondactionwillincludeapublichearingonthematterofauthorizingtheannexingterritoryin
thefuturetoCFDNo.18M,andassumingnoprotest,adoptionoftheresolutionauthorizingannexing
territory in the future to CFD No. 18M.
CFDNo.18Mwillprovidethenecessaryfundingfortheoperationandmaintenanceofpublic
landscaping,stormwaterquality,walls,fencing,andtrails,bylevyinganannual“specialtax”whichis
collectedfromthepropertyownerswithinCFDNo.18Minconjunctionwithpropertytaxesorvia
directbilling.Allexpensesrelatedtothedistrictadministration,includinglevyingandcollectingthe
special taxes, are also funded from such special taxes.
Area of Benefit
TheDistrictboundarymapwasapprovedbyCouncilonOctober4,2016viaResolution2016-197
andfiledwiththeSanDiegoCountyRecorder’sOfficeonOctober11,2016.Arecordedcopyofthe
͵
map is presented in Attachment 1
TheboundariesofCFDNo.18MencompassparcelslocatedwithinVillage3oftheOtayRanch.
Village3isapproximatelyfourhundredandtwenty-three(423)acreslocatedjustsouthandeastof
theOtayLandfillandVillageTwo,westoftheexistinglightindustrialusesintheCityofChulaVista
andnorthoftheOtayRiverValley.HomefedVillageIIIMaster,LLCowns100%oftheproperty
withintheproposeddistrict.Theprojectisproposedforapproximately702single-familyunitsand
563 multi-family units, 7.9 acres of office use, and 16.8 acres of industrial use.
Future Excluded Area
TheBoundaryMapalsodepictsanareadesignatedastheFutureExcludedAreawhichisintended
tobeexcludedfromCFDNo.18M.ThisareaiscurrentlyincludedwithintheboundariesofCFDNo.
Ͳ
18MbecausetheFutureExcludedAreadoesnotcurrentlyexistasaseparatelegalparcelbutisa
part of the legal parcel identified on the Boundary Map as Assessor’s Parcel No. 644-060-27-00.
TheMello-RoosActprovidesthattheboundaryofacommunityfacilitiesdistrictmaynotbisectan
existinglegalparcel.InordertoincludethatportionofAssessor’sParcelNo.644-060-27-00thatis
City of Chula VistaPage 3 of 8Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0281, Item#: 9.
intendedtobeincludedinCFDNo.18Mitisnecessarytoincludethewholeofsuchparcelinthe
BoundaryMapuntilalegalparceliscreatedfortheFutureExcludedArea.Followingrecordationofa
FinalSubdivisionMapcreatingaparcelfortheFutureExcludedArea,theBoundaryMapmaybe
͵
amended by resolution of the City Council to reflect the exclusion of the new parcel
Future Annexation Area
TheboundariesoftheFutureAnnexationAreawereapprovedbyCouncilonOctober4,2016via
Resolution2016-199andfiledwiththeSanDiegoCountyRecorder’sOfficeonOctober11,2016.A
͵
recorded copy of the map is presented in Attachment 2
Ώ
Theterritorywithintheboundariesofthefutureannexationareaencompassapproximatelyfiftyfour
(54)acreslocatedsouthwestofVillage3.FlatRockLandCompanyLLCowns100%oftheproperty
within the future annexation area.
Cost Estimate
TheestimatedannualbudgetforCFDNo.18MshownintheCFDReport(Attachment3)is
͵
approximately$1,591,750Thisbudgetincludes$1,284,555forlandscape,stormwaterquality,walls
andfencing,andtrails;and$269,675thatissetasideforthereplacementoftheamenitiesasthey
reachtheendoftheirusefullife.Inaddition,thebudgetincludes$37,520foradministrationofCFD
No. 18M (preparing reports, levying and collecting taxes, public assistance, etc.) by City staff.
Proposed Special Tax and CFD Report
AcopyoftheCFDReport-CommunityFacilitiesDistrictNo.18M(OtayRanchVillage3)(the“CFD
Report”)preparedbytheSpecialTaxConsultant,WilldanFinancialServices,isincludedas
Attachment3,andisonfile,andavailableforpublicreviewintheCityClerk'sOffice.Saidreport
incorporatesthe"RateandMethodofApportionment"(RMA)(previouslyapprovedbyCouncilon
October4,2016)thatestablishestheproceduresforlevyingthespecialtaxesinCFDNo.18M.The
specialtaxratesandmethodologyforlevyingtheannualspecialtaxaredescribedintheCFDReport
and enumerated in the RMA.
Ͳ
CFD No. 18M has four proposed categories of taxable property as follows:
1.SingleFamilyDetachedProperty,whichincludeallparcelsofresidentialpropertyconsisting
of a single dwelling unit;
2.SingleFamilyAttachedProperty,whichincludesallparcelsoffor-saleresidentialproperty
consistingofoneormoredwellingunit(s)thatsharecommonwallswithoneormoreother
dwellingunit(s),including,butnotlimitedto,duplexes,triplexes,townhomes,and
condominiums;
3.Multi-FamilyProperty,whichincludesallparcelsofresidentialpropertyconsistingoftwoor
morefor-rentdwellingunitsthatsharecommonwalls,including,butnotlimitedto,apartments
and townhomes that are not for sale to an end user and are under common management; and
4.Non-ResidentialProperty,whichincludesallparcelsofdevelopedpropertyforwhichabuilding
City of Chula VistaPage 4 of 8Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0281, Item#: 9.
permit(s) has been issued for a structure or structures for non-residential use.
TheExemptCategorythatisnottaxedincludesallpubliclyownedparcelsexcludingCityparks,
CommunityPurposeFacility(CPF)propertyownedbynon-profitorganizations,andparcelswith
publicorutilityeasementsmakingimpracticaltheirutilizationforotherthanthepurposessetforthin
the easement.
st
DevelopedPropertyarethoseparcelsforwhichabuildingpermithasbeenissuedpriortoMarch1
precedingtheFiscalYearinwhichtheSpecialTaxisbeinglevied.Theproposedmaximumspecial
taxrateintheRMAonallDevelopedParcelswasdeterminedbydividingtheestimatedannual
budgetatbuildout(plusacapitalreplacementallocation,initiallyequalto20.9%oftheannual
͵
budget) by the total estimated development (EDUs) at build out
Collection of Taxes
AtthebeginningofeachfiscalyeartheCityshalldeterminetheamountoftheSpecialTax
͵
RequirementforCFDNo.18MThen,thespecialtaxeswillbeleviedonalltaxablePropertyofCFD
No.18MuntilthetotalamountofSpecialTaxleviedequalstheSpecialTaxRequirement.The
SpecialTaxshallbeleviedproportionatelyoneachAssessor’sParcelofDevelopedPropertywithin
CFD No. 18M, up to 100% of the Maximum Special Tax.
TheMaximumSpecialTaxBasisandtheMaximumSpecialTaxshallbesubjecttoannualescalation
asfollows,andasfullydescribedintheRateandMethodApportionment(RMA)ofSpecialTax:(See A3
for full description of RMA):
TheMaximumSpecialTaxBasisshallbeequaltothesumofMaximumSpecialTax
-
BasisforLabor,MaximumSpecialTaxBasisforWaterandMaximumSpecialTaxBasisfor
Asset Replacement;
TheannualpercentagechangeoftheMaximumSpecialTaxBasisforLaborshallbe
-
equaltotheannualpercentagechangeintheConsumerPriceIndexforUrbanWage
Earners and Clerical Workers (CPI-W);
TheannualpercentagechangeoftheMaximumSpecialTaxBasisforWatershallbe
-
equal to the annual percentage change in the Otay Water District Commodity Rate; and
TheannualpercentagechangeoftheMaximumSpecialTaxBasisforAsset
-
ReplacementshallbeequaltotheannualpercentagechangeintheEngineeringNews
Record Construction Cost Index for the Los Angeles Area.
TheMaximumSpecialTaxwillinitiallybeequaltotheMaximumSpecialTaxBasis.TheMaximum
SpecialTaxBasiswillbeincreasedeachyearasdescribedabove.TheMaximumSpecialTaxwillbe
increasedbyanamountnotlessthan2%andnotmorethan6%eachyear,thatresultsinaminimal
absolute difference from the Maximum Special Tax Basis for that Fiscal Year.
Proposed Maximum Special Taxes
Theproposedmaximumspecialtaxratesforfiscalyear2016/17foratypicaldwellingunitwithin
City of Chula VistaPage 5 of 8Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0281, Item#: 9.
CFD No. 18M are as follows:
Land Use ClassMaximumMaximumMaximumMaximum
Special TaxSpecial TaxSpecial TaxSpecial
Basis forBasis forBasis forTax Basis
LaborWaterAsset
Replacement
Single Family Detached Property$912.16$341.42$255.70$1,509.28
Single Family Attached Property$729.73$273.14$204.56$1,207.43
Multi-Family Property$72.97$27.31$20.46$120.74
Non-Residential Property$3,648.64$1,365.68$1,022.82$6,037.13
Public Hearing and Election Procedure
Tonighttherewillbeanelectionfollowingthepublichearingforthelandownerstovoteonthe
authorizationtolevyspecialtaxesforCFDNo.18M.Oncethevotesarecast,Councilwillbe
requestedtocertifytheresultsoftheelectionand,iftheballotmeasureisapprovedbyatleast2/3of
thequalifiedelectors(i.e.,thelandowners)votingonthemeasure,CFDNo.18Mwillbeauthorizedto
levysuchspecialtaxes.CouncilwillthenberequestedtointroducetheOrdinanceauthorizingthe
levy of special taxes of CFD No. 18M.
IfCFDNo.18MisestablishedandthequalifiedelectorsauthorizethelevyofspecialtaxesofCFD
No.18M,theCityCouncilwillconductthepublichearingonthematteroftheFutureAnnexation
Area,andifthereisnoprotest,adopttheresolutiontoauthorizetheannexationinthefutureof
territorywithintheFutureAnnexationArea.Thebenefitofauthorizingfutureannexationsisthat
propertymay,withtheexpressconsentoftheownersofpropertywithinthefutureannexationarea,
be annexed to CFD No. 18M without the necessity of conducting a further public hearing.
Resolutions and Ordinance
Therearethreeresolutions,thatifadopted,andoneordinance,thatifadoptedfollowingintroduction
andwaiverofthefirstreadingthereoftoday,willaccomplishthefollowingpertainingtothe
establishment of CFD No. 18M:
Resolution(A),RESOLUTIONFORMINGANDESTABLISHINGCOMMUNITYFACILITIES
DISTRICTNO.18MistheformalactionformingandestablishingCommunityFacilitiesDistrictNo.
Ͳ
18MandauthorizingsubmittaloflevyofaSpecialTaxtothequalifiedelectorsandperformsthe
following:
Sets the name of the District;
IdentifiestheCFDReportpreparedbyWilldanFinancialServicesasthereporttobeusedfor
all future proceedings;
Establishes a Special Tax to be levied within CFD No. 18M.The Special Tax is set forth in the
Rate and Method of Apportionment, which will be approved by the adoption of this
City of Chula VistaPage 6 of 8Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0281, Item#: 9.
Resolution and the approval of the qualified electors of CFD No. 18M;
Implements the provisions of the Local Agency Special Tax and Bond Accountability Act which
became effective on January 1, 2001 by specifying that:
Each special tax shall be levied for the specific purposes set forth in the Resolution;
o
Theproceedsofthelevyofeachsuchspecialtaxshallbeappliedonlytothespecific
o
applicable purposes set forth in the Resolution;
CFDNo.18Mshallestablishaseparateaccountintowhichtheproceedsofeachsuch
o
special tax shall be deposited; and
TheCityManagerorhisorherdesignee,actingforandonbehalfofCFDNo.18M,
o
shallannuallyfileareportwiththeCityCouncilasrequiredpursuanttoGovernment
Code Section 50075.3.
Submits two (2) ballot propositions to the property owners to (A) levy a special tax and (B)
establish an appropriations limit for the district; and
͵
Describes the type of services to be financed by CFD No. 18M
Resolution(B),RESOLUTIONDECLARINGTHERESULTSOFASPECIALELECTIONINNO.18M
makesofficialtheresultsofthecanvassoftheballotssubmittedbythequalifiedelectorsforCFD
No. 18M; and
Ordinance(C),ORDINANCEAUTHORIZINGTHELEVYOFASPECIALTAXauthorizesthelevyof
thespecialtax,setsforthproceduresforlevyingandcollectingthespecialtaxes,andauthorizesthe
specialtaxestobesecuredbythelienimposedpursuanttoSections3114.5and3115.5ofthe
StreetsandHighwaysCodeoftheStateofCalifornia,whichlienshallbeacontinuinglienandshall
͵
secureeachlevyofthespecialtaxesTheCityCouncilwillbeaskedtointroducethisordinanceand
waiver the first reading today.
Resolution(D),RESOLUTIONAUTHORIZINGANNEXATIONOFTERRITORYINTHEFUTURETO
COMMUNITYFACILITIESDISTRICTNO.18Mallowsforannexationofpropertyinthefutureto
CFD No. 18M with one required Council Action;
Future Actions
Future actions include enacting the Ordinance (second reading), and the levy of special taxes.
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.
City of Chula VistaPage 7 of 8Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0281, Item#: 9.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.OncetheDistrictis
formed,theproceedswillservethreeCityStrategicPlanmajorsgoals:OperationalExcellenceand
HealthyCommunitybyensuringanewanddedicatedrevenuestreamtoprovidefortheongoing
maintenancethepublicimprovementsandfacilitiesbeingconstructedinassociationwiththe
developmentofVillage3,andConnectedCommunitybywayofmaintainingthetrailsandpedestrian
oriented facilities associated with the development.
CURRENT YEAR FISCAL IMPACT
AllcostsofformationoftheDistrictarebeingbornebythedevelopersandtheon-going
administrationwillbefundedentirelybythedistrict.TheCitywillrecoverthefullcostofstafftime
expended in district formation and administration activities in perpetuity.
StaffanticipatesthatthemajorityoftheCFDNo.18Madministrationwillbecontractedout.TheCFD
administration cost is estimated not to exceed $37,520 annually.
ONGOING FISCAL IMPACT
ThecoststoadministertheDistrict,ifestablished,shallbepaidfromtheproceedsofspecialtaxesto
beleviedwithintheDistrict.Thereis,therefore,noongoingfiscalimpactontheCity’sGeneralFund
or Development Services Fund by this action.
ATTACHMENTS
1.Recorded Boundary Map
2.Recorded Future Annexation Area Boundary Map
3.CFD Report
Staff Contact: Dave Kaplan, Development Services Department
City of Chula VistaPage 8 of 8Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
C I T Y O F
Chula Vista
CFD Report
Community Facilities District
No. 18M (Otay Ranch Village 3)
October 2016
Prepared by:
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD NO.
18M FORMING AND ESTABLISHING CFD NO. 18M, AND AUTHORIZING
SUBMITTAL OF THE LEVY OF SPECIAL TAXES OF CFD NO. 18M TO
THE QUALIFIED ELECTORS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
“City Council”), has 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. 18M (Otay Ranch Village 3)(“CFD No. 18M”); and,
WHEREAS, notice of a public hearing relating to the establishment of the CFD No. 18M,
the extent of CFD No. 18M, the financing of certain types of services 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 CFD No. 18M, the
proposed services and the rate and methods of apportionment of the special tax proposed to be
levied within CFD No. 18Mhave been presented, and it has further been determined that a
majority protest as defined by law has not been received against these proceedings or the levy of
the special tax within CFD No. 18M; and
WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing
within the territory of CFD No. 18Mfor at least the preceding ninety (90) days, the authorization
to levy special taxes within CFD No. 18Mshall be submitted to the landowners of CFD No.
18M, such landowners being the qualified electors as authorized by law.
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 CFD No. 18Mwere 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
1
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
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, therefore, the special tax proposed to be levied within CFD No. 18Mhas not
been precluded by majority protest pursuant to Section 53324 of the Government
Code of the State of California.
C.CFD No. 18Mas proposed conforms with theCity of Chula Vista Statement of
Goals and Policies Regarding the Establishment of Community Facilities Districts
(the “Goals and Policies”), as amended.
D.Less than twelve (12) registered voters have resided within the territory of CFD
No. 18Mfor each ofthe ninety (90) days preceding the close of the public
hearing, therefore, pursuant to the Act the qualified electors of CFD No. 18M
shall be the landowners of CFD No. 18Mas such term is defined in Government
Code Section 53317(f) and each such landownerwho 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
CFD No. 18M.
E.The time limit specified by the CommunityFacilities District Law for conducting
an election to submit the levy of the special taxes to the qualified electors of CFD
No. 18Mand the requirements for impartial analysis and ballot arguments have
been waived with the unanimous consent of the qualified electors of CFD No.
18M.
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 CFD No. 18M.
SECTION 3.Community Facilities District Report.The Community Facilities District
Report, as now submittedby Willdan Financial Services, Special Tax Consultant, shall stand as
the report required pursuant to Government Code Section 53321.5for all future proceedings and
all terms and contents are approved as set forth therein.
SECTION 4.Name of District.The City Councildoes hereby establish and declare the
formation of CFD No. 18Mknown and designated as “Community Facilities District No. 18M
(Otay Ranch Village 3).”
SECTION 5.Boundaries of CFD No. 18M. The boundaries of CFD No. 18Mare
generally described as follows:
All property within the boundaries of Community Facilities District No. 18M
(Otay Ranch Village 3), as shown on a boundary map as previously approved by
this legislative body, such map designated “Proposed Boundaries of Community
Facilities District No. 18M (Otay Ranch Village 3), City of Chula Vista, County
2
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
of San Diego, State of California,” 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
Page 5of Book 46of the Book of Maps of Assessment and Community Facilities
Districts for the County of San Diego (the “County”).
SECTION 6.Description of Services. It is the intention of this City Council to finance
certain services (the “Services”) that are in addition to those provided in or required for the
territory within CFD No. 18Mand will not be replacing services already available. A general
description of the services to be provided is provided in Exhibit “A” attached hereto.
SECTION 7.Special Tax. Except where funds are otherwise available special taxes,
secured by recordation of a continuing lien against all non-exempt real property in CFD No.
18M, are hereby authorized, subject to voter approval, to be levied annually within the
boundaries of such District. For further particulars as to the rate and method of apportionment of
the special taxes proposed to be levied within CFD No. 18M, reference is made to the attached
and incorporated Exhibit “B,” which sets forth in sufficient detail the rate and method of
apportionment to allow each landowner or resident within CFD No. 18Mto clearly estimate the
maximum amount that such person will have to pay for such services.
The special taxes herein authorized 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; however, as applicable, this legislative
body may, by resolution, establish and adopt an alternate or supplemental procedure as
necessary. 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, acting for and on
behalf of CFD No. 18M.
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, a continuing lien to secure each levy of the
special tax shall attach to all non-exempt real property in CFD No. 18Mand 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 legislative body
ceases.
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 CFD No. 18Mof the special taxes
described in Section 7 above:
A.Each such special tax shall be levied for the specific purposes set forth in Section
7. above.
B.The proceeds of the levy of each such special tax shall be applied only to the
specific applicable purposes set forth in Section 7. above.
3
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
C.CFD No. 18Mshall establish a separate account into which the proceeds of each
such special tax shallbe deposited.
D.The City Manager or his or her designee, acting for and on behalf of CFD No.
18M, shall annually file a report with the City Council 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:
EngineeringDepartment
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
(619) 691-5021
SECTION 10.Election. This legislative body herewith submits the levy of thespecial
taxes to the qualified electors of CFD No. 18M, such electors being the landowners within CFD
No. 18M, with each landowner having one (1) vote for each acre or portion thereof of land which
he or she owns within CFD No. 18M.
This legislative body hereby further directs that a separate ballot proposition relating to
the levy of the above referenced special taxes within CFD No. 18Mbe combined and
consolidated with the proposition set forth in Section 11 below relating to the establishment of an
appropriations limit for CFD No. 18M.
The proposition related to the levy of the special taxes, together with a proposition to
establish an appropriations limit for CFD No. 18M, shall be submitted to the qualified electors of
CFD No. 18Mat a special election to be held on (a) November 8, 2016, immediately following
the adoption of this resolution or (b) such other date as the qualified electors 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 either or both of the propositions for
the levy of the special taxes receive the approval of more than two-thirds (2/3rds) of the votes
cast on the proposition, the special tax thereby approved maybe levied as provided for in this
Resolution.
SECTION 11.Ballot Proposals. The ballot proposals to be submitted to the qualified
electors of CFD No. 18Mat the election shall generally be as follows:
PROPOSITION A
Shall Community Facilities District No. 18M (Otay Ranch Village 3), subject to
the accountability measures required pursuant to Government Code Section
50075.1, levy a special tax throughout Community Facilities District No. 18M
4
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
(Otay Ranch Village 3) pursuant to the rate and method of apportionment attached
as Exhibit A to this ballot for the purposes of financing the services described in
Exhibit B to this ballot?
PROPOSITION B
Shall Community Facilities District No. 18M (Otay Ranch Village 3) establish an
Article XIIIB appropriations limit equal to $16,000,000?
SECTION 12.Vote. The appropriate mark placed in the voting square after the word
“YES” shall be counted in favor of the adoption of the proposition, and the appropriate mark
placed in the voting square after 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:
1.Prepare and furnish the necessary election supplies for the conduct of the election.
2.Cause to be printed the requisite number of official ballots, tally sheets and other
necessary forms.
3.Furnish official ballots for the qualified electors of CFD No. 18M.
4.Cause the official ballots to be presented to the qualified electors, as required by
law.
5.Receive the returns of the election and supplies.
6.Sortand assemble the election material and supplies in preparation for the
canvassing of the returns.
7.Canvass the returns of the election.
8.Furnish a tabulation of the number of votes given in the election.
9.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.Effective Date. This Resolution shall become effective immediately upon
its adoption.
PREPARED BY:APPROVED AS TO FORM BY:
5
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Kelly G. Broughton, FASLAGlen R. Googins
Director of Development ServicesCity Attorney
6
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
EXHIBIT “A”
Community Facilities District No. 18M
(Otay Ranch Village 3)
DESCRIPTION OF SERVICES
The types of services (the “Services”) to be funded by special taxes levied within CFD No. 18M
shallinclude maintenance, servicingand replacement of (a) landscaping, including, but not
limited to, trees, shrubs, grass, other ornamental vegetationlocated in or on slopes, parkways and
medians; (b) facilities that are directly related to storm water quality control; (c) walls and
fencing; and (d) trails(collectively, the “Improvements”) located in public right-of-way, property
owned by the City of Chula Vista (“City”) or property over which the City has an easement
authorizing the City to maintainsuch landscaping, facilities, walls and fencing and trails.
For purposes of this description of the Services to be funded by the levy of Special Taxes within
CFD No. 18M, “maintenance” includes, but is not limited to, the furnishing of services and
materials for the ordinary and usual maintenance, operation, and servicing of any of the
Improvements, including:
(a) Repair, removal, or replacement of all or any part of any Improvement.
(b) Providing for the life, growth, health, and beauty of landscaping, including cultivation,
irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
(c) The removal of trimmings, rubbish, debris, silt, and other solid waste.
(d) The cleaning, sandblasting, and painting of walls and other Improvements toremove or cover
graffiti.
(e) The elimination, control, and removal of rodents and vermin.
(f) The maintenance and cleaning of drainage and other storm water control facilities required to
provide storm water quality control.
"Service" or "servicing" means the furnishing of:
(a) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or
for the lighting or operation of any other Improvements.
(b) Water for the irrigation of any landscaping or the operation or maintenance of any other
Improvements.
For purposes of this description of the Services to be funded by the levy of Special Taxes within
CFD No. 18M, “administrative expenses” means the actual or estimated costs incurred by the
City, acting for and on behalf of CFD No. 18Mas the administrator thereof, to determine, levy
and collect the Special Taxes within CFD No. 18M, including salaries of City employees and a
A-1
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
proportionate amount of the City’s general administrative overhead related thereto, and the fees
of consultants and legal counsel providing services related to the administration of CFD No.
18M; the costs of collecting installments of the Special Taxes levied within CFD No. 18M; and
any other costs required to administer CFD No. 18Mas determined by the City.
A-2
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
EXHIBIT “B”
Community Facilities District No. 18M
(Otay Ranch Village 3)
Rate and Method of
Apportionment of Special Tax
City of Chula Vista
Community Facilities District No. 18M
(Otay Ranch Village 3)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property
within the boundaries of Community Facilities District No. 18M (Otay Ranch Village 3) of the
City of Chula Vista and collected each Fiscal Year commencing with Fiscal Year 2017-18 in an
amount determined by the CFD Administrator through the application of the procedures
described below. All of the real property within CFD No. 18M, unless exempted by law or by
the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein
provided.
DEFINITIONS
A.
The terms hereinafter set forth have the following meanings:
“Acre”or“Acreage”means the land area of an Assessor’s Parcel as shown on an Assessor’s
ParcelMap, or if the land area is not shown on an Assessor’s Parcel Map, theland area shown
on the applicable Final Subdivision Map, other final map, other parcel map, other condominium
plan, or functionally equivalent map or instrument recorded in the Office of the County
Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by
43,560.
“Act”means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Part 1, Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses”means the actual or estimated costs incurred by the City, acting for
andon behalf of the CFD as the administrator thereof, to determine, levy and collect the
Special Taxes, including salaries of City employees and a proportionate amount of the City’s
general administrative overhead related thereto, and the fees of consultants and legal counsel
providing services related to the administration of the CFD; the costs of collecting installments
of the Special Taxes; and any other costs required to administer the CFD as determined by the
City.
B-1
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
“Assessor’s Parcel”or“Parcel”means a lot or parcel shown in an Assessor’s Parcel Map with an
assigned assessor’s parcel number.
“Assessor’s Parcel Map”means an official map of the Assessor of the County designating
parcels by assessor’s parcel number.
“CFD Administrator”means an official of the City, or designee thereof, responsible for
determiningthe Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
“CFD No. 18M”or“CFD”means Community Facilities District No. 18M (Otay Ranch Village 3) of
the City of Chula Vista.
“City”means the City of Chula Vista.
“Community Purpose Facility Property”or“CPF Property” means all Assessor’s Parcels which
areclassified as community purpose facilities and meetthe requirements of City Ordinance No.
2883.
“Construction Cost Index” means, for any Fiscal Year, the applicable Construction Cost Index
forthe City of Los Angeles as set forth in the Engineering News Record for July of such Fiscal
Year. In the event that this rate is no longer published or provided, the CFD Administrator shall
choose a comparable rate to use in its place.
“Consumer Price Index for Urban Wage Earners and Clerical Workers” or“CPI-W”means the
applicableCPI-W as set forth by the United States Department of Labor, Bureau of Labor
Statistics for July of such Fiscal Year. In the event that this rate is no longer published or
provided, the CFD Administrator shall choose a comparable rate to use in its place.
“Council”means the City Council of the City, acting as the legislative body of the CFD.
“County”means the County of San Diego, California.
“Developed Property”means all Taxable Property for which a building permit was issued prior
Special Tax is being levied.
to the March 1st preceding the Fiscal Year in which the
“Dwelling Unit”or“DU”means each separate residential dwelling unit that comprises an
independentfacility capable of conveyance or rental separate from adjacent residential
dwelling units.
“Exempt Property”means all Assessor’s Parcels within CFD No. 18M that are exempt from the
Special Taxes pursuant to law or Section F herein.
“Final Subdivision Map”means a subdivision of property creating residential or non-residential
lots by recordation of a final subdivision map or parcel map pursuant to the
buildable
Subdivision Map Act (California Government Code Section66410 et seq.), or recordation of a
condominium plan pursuant to California Civil Code 1352, that creates individual lots for which
building permits may be issued without further subdivision and is recorded prior to March 1
preceding the Fiscal Year in which the Special Tax is being levied.
“Fiscal Year”means the period starting July 1 and ending on the following June 30.
“Land Use Class”means any of the classes listed in Table 1.
B-2
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
“Maximum Special Tax Basis”means the amount determined in accordance with SectionC
belowthat represents the actual costs associated with providing the Services funded by CFD
No. 18M.
“Maximum Special Tax”means the maximum Special Tax, determined in accordance with
C below that may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable
Section
Property.
“Multi-Family Property” means all Assessor’s Parcels of Residential Property consisting of two
more for-rent Dwelling Units that share common walls, including, but not limited to,
or
apartments and townhomes that are not for sale to an end user and are under common
management.
“Non-Residential Property”means all Assessor’s Parcels of Developed Property for which a
building permit(s) has been issued for a structure or structures for non-residential use.
“Otay Water District Commodity Rate” means the maximum rate charged by the Otay Water
Districtfor recycled water on July 1 st of any Fiscal Year. In the event that this rate is no longer
published or provided, the CFD Administrator shall choose a comparable rate to use in its place.
“Property Owner Association Property”means any property within the boundaries of the CFD
thatis owned by, or irrevocably dedicated as indicated in an instrument recorded with the
County Recorder to, a property owner association, including any master or sub-association.
“Public Property”means any property within the boundaries of the CFD that is, at the time of
the CFD formation, expected to be used for any public purpose and is owned by or dedicated to
the federal government, the State, the County, the City or any other public agency.
“Reserve Fund”means a fund that shall be maintained for the CFD each Fiscal Year to provide
cash flow for the first six months of each Fiscal Year, working capital to cover
necessary
monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special
Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
“Residential Property”means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for purposes of constructing one or more residential dwelling unit(s).
“Services”means those authorized services that may be funded by CFD No. 18M pursuant to
Act, as amended, including, without limitation, those services authorized to be funded by
the
CFD No. 18M as set forth in the documents adopted by the City Council at the time CFD No.
18M was formed.
“Single Family Attached Property” means all Assessor’s Parcels of for-sale Residential Property
consistingof one or more Dwelling Unit(s) that share common walls with one or more other
Dwelling Unit(s), including, but not limited to, duplexes, triplexes, townhomes, and
condominiums.
“SingleFamily Detached Property” means all Assessor’s Parcels of Residential Property
consisting of a single Dwelling Unit.
B-3
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
“Special Tax”means the Special Tax levied pursuant to the provisions of sections C and D
belowin each Fiscal Year on each Assessor’s Parcel of Developed Property and Undeveloped
Property in CFD No. 18M to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for
Fiscal Year to: (i) pay the costs of providing the Services during such Fiscal Year, (ii) pay
any
Administrative Expenses associated with the Special Tax, (iii) establish or replenish the Reserve
Fund, (iv) pay incidental expenses related to the Services as authorized pursuant to the Act, (v)
fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal
Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and
(vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year
necessary to fund the Special Tax Requirement for Services for such Fiscal Year where such
shortfall resulted from delinquencies in the payment of Special Taxes in such Fiscal Year that
exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax
Requirement for Services for such Fiscal Year, less (vii) any funds available in the Reserve Fund
or other funds associated with CFD No. 18M.
“State”means the State of California.
“Taxable Property”means all of the Assessor’s Parcels within the boundaries of CFD No. 18M
of the CFD that are not exempt from the Special Tax pursuant to law or as defined below.
“Undeveloped Property”means, for each Fiscal Year, all Taxable Property not classified as
Developed Property.
B.ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2017-18, using the definitions above, each
Assessor’s Parcel within CFD No. 18M shall be classified by the CFD Administrator as Taxable
Property or Exempt Property. In addition, each suchFiscal Year, each Assessor’s Parcel of
Taxable Property shall be further classified by the CFD Administrator as Developed Property or
Undeveloped Property.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1.
The LandUse Class of each Assessor’s Parcel of Residential Property or Non-Residential
Property shall be determined based on the records of the County Assessor or other such
information provided by the City. Commencing with Fiscal Year 2017-18 and for each
subsequent Fiscal Year, Developed Property shall be subject to the levy of Special Taxes
pursuant to Section C below.
In some instances, an Assessor’s Parcel of Developed Property may contain more than one
Land Use Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of
the Maximum Special Taxes for all Land Use Classes located on that Assessor’s Parcel.
B-4
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
C.MAXIMUM SPECIAL TAX RATE
1.Developed Property
The Maximum Special Tax for any Assessor’s Parcel classified as Developed Property
shall be determined by reference to Table 1 and the paragraphs that follow Table 1.
TABLE 1
Maximum Special Tax Basis for Developed Property
Community Facilities District No. 18M
(Fiscal Year 2016-17)
MaximumMaximum
Special Tax Basis
MaximumSpecial Tax
Special Tax Basis for for Asset Maximum
WaterReplacementSpecial Tax Basis
Land Use ClassBasis for Labor
Single Family $ 912.16$ 341.42$ 255.70$1,509.28
Detached Property
Single Family $ 729.73$ 273.14$ 204.56$1,207.43
Attached Property
Multi-Family$ 72.97$ 27.31$ 20.46$120.74
Property
Non-Residential$3,648.64$1,365.68$1,022.82$6,037.13
Property
TheMaximum Special Tax Basis shall be equal to the sum of Maximum Special Tax Basis
for Labor, Maximum Special Tax Basis for Water and Maximum Special Tax Basis for Asset
Replacement as shown in Table 1 above.
In determining the Maximum Special Tax Basis, the components of the Maximum Special
Tax Basis for each Land Use Description shall be increased in the 2017-18 Fiscal Year, and each
Fiscal Year thereafter, as follows:
i.the annual percentage change of the Maximum Special Tax Basis for Labor
shall be equal to the annual percentage change in the Consumer Price Index
for Urban Wage Earners and Clerical Workers (CPI-W); and
ii.the annual percentage change of the Maximum Special Tax Basis for Water
shall be equal to the annual percentage change in the Otay Water District
Commodity Rate; and
iii.the annual percentage change of the Maximum Special Tax Basis for Asset
Replacement shall be equal to the annual percentage change in the
Engineering News Record Construction Cost Index for the Los Angeles Area.
TheFiscal Year 2016-17 Maximum Special Tax shall be equal to the Fiscal Year 2016-17
Maximum Special Tax Basis. In each subsequent Fiscal Year, the Maximum Special Tax shall be
B-5
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
increased by an amount not less than two percent (2%) and not greater than six percent (6%)
that results in a minimal absolute difference from the Maximum Special Tax Basis for that Fiscal
Year.
2.Other Property Types
No Special Tax shall be levied on Undeveloped Property or Exempt Property.
D.METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2017-18, and for each subsequent Fiscal Year, the CFD
Administrator shall levy the Special Tax on all Taxable Property of CFD No. 18M until the total
amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied
Proportionately on each Assessor’s Parcel of Developed Property within CFD No. 18M up to
100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor’s Parcel of Residential Property for which an occupancy permit for private residential
use has been issued be increased as a consequence of delinquency or default by the owner of
any other Assessor’s Parcel within the CFD by more than ten percent (10%) above what such
Special Tax would have been in the absence of delinquencies.
E.PREPAYMENT OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing
authorized Services and therefore may not be prepaid.
F.EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner
Association Property, (iii) CPF Property, (iv) Assessor’s Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement,
including but not limited to property designated for open space, trails,pathways, parks or park
and recreation related facilities, and (v) property reasonably designated by the City or CFD
Administrator as Exempt Property due to deed restrictions, conservation easement, or similar
factors.
G.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
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:
B-6
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
i.Amendthe Special Tax levy on the landowner’s Assessor’s Parcel(s) for the
current Fiscal Year prior to the payment date,
ii.Requirethe 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.
H.MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner
and at the same time as ordinary ad valoremproperty taxes, provided that the CFD
at a different time or in
Administrator may directly bill the Special Tax, may collect Special Taxes
adifferent manner if necessary to meet the financial obligations of the CFD or as otherwise
determined appropriate by the CFD Administrator.
I.I. TERM OF SPECIAL TAX
Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity.
B-7
60297.00048\\29291373.3
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFDNO.
18M,DECLARING THE RESULTS OF A SPECIAL ELECTION IN CFD NO.
18M
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.
18M(Otay Ranch Village 3)(“CFD No. 18M”); and
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of CFD No. 18Mseparate propositions relating to the levy of special taxes
within CFD No. 18Mand the establishment of an appropriations limit for CFD No. 18M; 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. 18M(OTAY RANCH VILLAGE 3), 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 Results of the Election.This City Council hereby receives
and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES
CAST(“Certificate of Election Official”), 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 of Election Officialis attached hereto, marked Exhibit “A”, referenced
and so incorporated.
1
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
SECTION 3.Entry of the Election Results in the 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 Certificate of Election Official.
PREPARED BY:APPROVED AS TO FORM BY:
Kelly G. Broughton FASLAGlen R. Googins
Director of Developmental ServicesCity Attorney
2
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
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. 18M
(OTAY RANCH VILLAGE 3)
SPECIAL ELECTION
in said City, held November 8, 2016.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in CFD
No. 18Min suchCity, and the whole number of votes cast for the Measures in CFD No. 18Min said
City, and the totals of the respective columns and the totals as shown for the Measures arefull, 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
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ORDINANCE NO. _________
ORDINANCE OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY
AS THE LEGISLATIVE BODY OF CFD NO. 18M,AUTHORIZING THE
LEVYOF A SPECIAL TAX INCFD NO. 18M
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”) 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. 18M(Otay Ranch Village 3) (“CFD No. 18M”).
THE CITY COUNCIL OFTHE CITY OF CHULA VISTA, CALIFORNIA, ACTING
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 18M
(OTAY RANCH VILLAGE 3), DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.This City Council does, by the passage of this ordinance, authorize the
levy ofspecial taxes on taxable properties located in CFD No. 18Mpursuant 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.This City Council, acting as the legislative body of CFD No. 18M, is
hereby further authorized, by Resolution, to annually determine the special tax to be levied
within CFD No. 18Mfor the then current tax year or future tax years; provided, however, the
specialtax to be levied shall not exceed the maximum special tax authorized to be levied
pursuant to theRate and Method.
SECTION 3.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, CFD No. 18Mmay 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.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 Code of the State
of California, which lien shall be a continuing lien and shall secure each levy of the special taxes.
The lien of the special taxesshall continue in force and effect until the special tax ceases to be
levied by the City Council in the manner provided in Section 53330.5 of said Government Code.
1
60297.00048\\29300253.1
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
SECTION 5.This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be
published in a newspaper of general circulation in the City 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
November 8, 2016;
Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on
the ______ day of ________________, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PREPARED BY:APPROVED AS TO FORM BY:
Kelly G. Broughton FASLAGlen R. Googins
Director of Developmental ServicesCity Attorney
2
60297.00048\\29300253.1
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
EXHIBIT A
RATE AND METHODSOF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 18M
(OTAY RANCH VILLAGE 3)
Rate and Method of
Apportionment of Special Tax
City of Chula Vista
Community Facilities District No. 18M
(Otay Ranch Village 3)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property within
the boundaries of Community Facilities District No. 18M (Otay Ranch Village 3) of the City of Chula
Vista and collected eachFiscal Year commencing with Fiscal Year 2017-18 in an amount determined by
the CFD Administrator through the application of the procedures described below. All of the real
property within CFD No. 18M, unless exempted by law or by the provisions hereof, shall be taxed for
the purposes, to the extent, and in the manner herein provided.
A.DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre”or“Acreage”means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel
Map,or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the
applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or
functionally equivalent map or instrument recorded in the Office of the County Recorder. The square
footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
“Act”means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses”means the actual or estimated costs incurred by the City, acting for and on
of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes,
behalf
including salaries of City employees and a proportionate amount of the City’s general administrative
overhead related thereto, and the fees of consultants and legal counsel providing services related to
the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other
costs required to administer the CFD as determined by the City.
A-1
60297.00048\\29300253.1
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
“Assessor’s Parcel”or“Parcel”means a lot or parcel shown in an Assessor’s Parcel Map with an
assigned assessor’s parcel number.
“Assessor’s Parcel Map”means an official map of the Assessor of the County designating parcels by
assessor’s parcel number.
“CFD Administrator”means an official of the City, or designee thereof, responsible for determining the
Special Tax Requirement and providing for the levyand collection of the Special Taxes.
“CFD No. 18M”or“CFD”means Community Facilities District No. 18M (Otay Ranch Village 3) of the
City of Chula Vista.
“City”means the City of Chula Vista.
“Community Purpose Facility Property”or“CPF Property” means all Assessor’s Parcels which are
classified as community purpose facilities and meet the requirements of City Ordinance No. 2883.
“Construction Cost Index” means, for any Fiscal Year, the applicable Construction Cost Index for the
City of Los Angeles as set forth in the Engineering News Record for July of such Fiscal Year. In the event
that this rate is no longer published or provided, the CFD Administrator shall choose a comparable rate
to use in its place.
“Consumer Price Index for Urban Wage Earners and Clerical Workers” or“CPI-W”means the
applicableCPI-W as set forth by the United States Department of Labor, Bureau of Labor Statistics for
July of such Fiscal Year. In the event that this rate is no longer published or provided, the CFD
Administrator shall choose a comparable rate to use in its place.
“Council”means the City Council of the City, acting as the legislative body of the CFD.
“County”means the County of San Diego, California.
“Developed Property”means all Taxable Property for which a building permit was issued prior to the
March 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit”or“DU”means each separate residential dwelling unit that comprises an independent
facility capable of conveyance or rental separate from adjacent residential dwelling units.
“Exempt Property”means all Assessor’s Parcels within CFD No. 18M that are exempt from the Special
Taxes pursuant to law or Section F herein.
“Final Subdivision Map”means a subdivision of property creating residential or non-residential
lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map
buildable
Act (California Government Code Section66410 et seq.), or recordation of a condominium plan
pursuant to California Civil Code 1352, that creates individual lots for which building permits may be
issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which
the Special Tax is being levied.
“Fiscal Year”means the period starting July 1 and ending on the following June 30.
“Land Use Class”means any of the classes listed in Table 1.
“Maximum Special Tax Basis”means the amount determined in accordance with SectionC below that
represents the actual costs associated with providing the Services funded by CFD No. 18M.
A-2
60297.00048\\29300253.1
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
“Maximum Special Tax”means the maximum Special Tax, determined in accordance with SectionC
below that may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
“Multi-Family Property” means all Assessor’s Parcels of Residential Property consisting of two or more
Dwelling Units that share common walls, including, but not limited to, apartments and
for-rent
townhomes that are not for sale to an end user and are under common management.
“Non-Residential Property”means all Assessor’s Parcels of Developed Property for which a building
s for non-residential use.
permit(s) has been issued for a structure or structure
“Otay Water District Commodity Rate” means the maximum rate charged by the Otay Water District
forrecycled water on July 1 st of any Fiscal Year. In the event that this rate is no longer published or
provided, the CFD Administrator shall choose a comparable rate to use in its place.
“Property Owner Association Property”means any property within the boundaries of the CFD that is
ownedby, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder
to, a property owner association, including any master or sub-association.
“Public Property”means any property within the boundaries of the CFD that is, at the time of the CFD
formation,expected to be used for any public purpose and is owned by or dedicated to the federal
government, the State, the County, the City or any other public agency.
“Reserve Fund”means a fund that shall be maintained for the CFD each Fiscal Year to provide
necessarycash flow for the first six months of each Fiscal Year, working capital to cover monitoring,
maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a
reasonable buffer to prevent large variations in annual Special Tax levies.
“Residential Property”means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for purposes of constructing one or more residential dwelling unit(s).
“Services”means those authorized services that may be funded by CFD No. 18M pursuant to the Act,
amended, including, without limitation, those services authorized to be funded by CFD No. 18M as
as
set forth in thedocuments adopted by the City Council at the time CFD No. 18M was formed.
“Single Family Attached Property” means all Assessor’s Parcels of for-sale Residential Property
consistingof one or more Dwelling Unit(s) that share common walls with one or more other Dwelling
Unit(s), including, but not limited to, duplexes, triplexes, townhomes, and condominiums.
“Single Family Detached Property” means all Assessor’s Parcels of Residential Property consisting of a
single Dwelling Unit.
“Special Tax”means the Special Tax levied pursuant to the provisions of sections C and D below in
Fiscal Year on each Assessor’s Parcel of Developed Property and Undeveloped Property in CFD
each
No. 18M to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal
Yearto: (i) pay the costs of providing the Services during such Fiscal Year, (ii) pay Administrative
Expenses associated with the Special Tax, (iii) establish or replenish the Reserve Fund, (iv) pay
incidental expenses related to the Services as authorized pursuant to the Act, (v) fund an amount equal
to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax
will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the
A-3
60297.00048\\29300253.1
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax
Requirement for Services for such Fiscal Year where such shortfall resulted from delinquencies in the
payment of Special Taxes in such Fiscal Year that exceeded the Estimated Special Tax Delinquency
Amount included in the Special Tax Requirement for Services for such Fiscal Year, less (vii) any funds
available in the Reserve Fund or other funds associated with CFD No. 18M.
“State”means the State of California.
“Taxable Property”means all of the Assessor’s Parcels within the boundaries of CFD No. 18M of the
CFD that are not exempt from the Special Tax pursuant to law or as defined below.
“Undeveloped Property”means, for each Fiscal Year, all Taxable Property not classified as Developed
Property.
B.ASSIGNMENTTO CATEGORIES OF SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2017-18, using the definitions above, each
Assessor’s Parcel within CFD No. 18M shall be classified by the CFD Administrator as Taxable Property
or Exempt Property. In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall
be further classified by the CFD Administrator as Developed Property or Undeveloped Property.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1. The
Land Use Class of each Assessor’s Parcel of Residential Property or Non-Residential Property shall be
determined based on the records ofthe County Assessor or other such information provided by the
City. Commencing with Fiscal Year 2017-18 and for each subsequent Fiscal Year, Developed Property
shall be subject to the levy of Special Taxes pursuant to Section C below.
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land
Use Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum
Special Taxes for all Land Use Classes located on that Assessor’s Parcel.
C.MAXIMUM SPECIAL TAX RATE
1.Developed Property
The Maximum Special Tax for any Assessor’s Parcel classified as Developed Property shall be
determined by reference to Table 1 and the paragraphs that follow Table 1.
A-4
60297.00048\\29300253.1
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
TABLE 1
Maximum Special Tax Basis for Developed Property
Community Facilities District No. 18M
(Fiscal Year 2016-17)
MaximumMaximum
MaximumSpecial Tax Special Tax Basis
Special Tax Basis Basis for for Asset Maximum
Land Use Classfor LaborWaterReplacementSpecial Tax Basis
Single Family $ 912.16$ 341.42$ 255.70$1,509.28
Detached Property
Single Family $ 729.73$ 273.14$ 204.56$1,207.43
Attached Property
Multi-Family$ 72.97$ 27.31$ 20.46$ 120.74
Property
Non-Residential$3,648.64$1,365.68$1,022.82$6,037.13
Property
The Maximum Special Tax Basis shall be equal to the sum of Maximum Special Tax Basis for
Labor, Maximum Special Tax Basis for Water and Maximum Special Tax Basis for Asset Replacement as
shown in Table 1 above.
In determiningthe Maximum Special Tax Basis, the components of the Maximum Special Tax
Basis for each Land Use Description shall be increased in the 2017-18 Fiscal Year, and each Fiscal Year
thereafter, as follows:
i.the annual percentage change of the Maximum Special Tax Basis for Labor shall be
equal to the annual percentage change in the Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI-W); and
ii.the annual percentage change of the Maximum Special Tax Basis for Water shall be
equal to the annual percentage change in the Otay Water District Commodity Rate;
and
iii.the annual percentage change of the Maximum Special Tax Basis for Asset
Replacement shall be equal to the annual percentage change in the Engineering
News Record Construction Cost Index for the Los Angeles Area.
TheFiscal Year 2016-17 Maximum Special Tax shall be equal to the Fiscal Year 2016-17
Maximum Special Tax Basis. In each subsequent Fiscal Year, the Maximum Special Tax shall be
increased by an amount not less than two percent (2%) and notgreater than six percent (6%) that
results in a minimal absolute difference from the Maximum Special Tax Basis for that Fiscal Year.
2.Other Property Types
No Special Tax shall be levied on Undeveloped Property or Exempt Property.
A-5
60297.00048\\29300253.1
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
D.METHOD OF APPORTIONMENTOF THE SPECIAL TAX
Commencing with Fiscal Year 2017-18, and for each subsequent Fiscal Year, the CFD Administrator
shall levy the Special Tax on all Taxable Property of CFD No. 18M until the total amount of Special Tax
levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each
Assessor’s Parcel of Developed Property within CFD No. 18M up to 100% of the applicable Maximum
Special Tax to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has
been issued be increased as a consequence of delinquency or default by the owner of any other
Assessor’s Parcel within the CFD by more than ten percent (10%) above what such Special Tax would
have been in the absence of delinquencies.
E.PREPAYMENT OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized
Services and therefore may not be prepaid.
F.EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner
Association Property, (iii) CPF Property, (iv) Assessor’s Parcels with public or utility easements making
impractical their utilization for other than the purposesset forth in the easement, including but not
limited to property designated for open space, trails, pathways, parks or park and recreation related
facilities, and (v) property reasonably designated by the City or CFD Administrator as Exempt Property
due to deed restrictions, conservation easement, or similar factors.
G.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 that an error has occurred,
then the CFD Administratorshall 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
A-6
60297.00048\\29300253.1
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
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.
H.MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the
same time as ordinary ad valoremproperty taxes, provided that the CFD Administrator may directly bill
theSpecial Tax, may collect Special Taxes at a different time or in a different manner if necessary to
meet the financial obligations of the CFD or as otherwise determined appropriate by the CFD
Administrator.
I.TERM OF SPECIAL TAX
Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity.
A-7
60297.00048\\29300253.1
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFDNO.
18M,AUTHORIZING THE ANNEXATION OF TERRITORY IN THE
FUTURE TO CFD NO. 18M
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. 18M
(Otay Ranch Village 3) of the City of Chula Vista (“CFD No. 18M”) 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 CFD No. 18M; 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 CFD No. 18Mand further
to specify the amount of special taxes that would be authorized to be levied on any parcels that
may be annexed to CFD No. 18Min 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. 18M(Otay
Ranch Village 3) (the “Future Annexation Area”), and a map designated as “Future Annexation
Area, Community Facilities District No. 18M(Otay Ranch Village 3), City of Chula Vista,
County ofSan 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, IT IS HEREBY RESOLVED:
SECTION 1.Recitals. The above recitals are all true and correct.
SECTION 2.Determinations. It is hereby determined by this City Council as follows:
1
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
A.All prior proceedings pertaining to authorization for the annexation of the Future
Annexation Area to CFD No. 18Min the future were valid and taken in conformity with the
requirements of the law, 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 CFD No. 18Min 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 CFD No. 18Min 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 CFD No. 18Min order to finance the costs
and expenses necessary to provide the 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 CFD No. 18Min the future 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.
E.The provision for the annexation of territory within the Future Annexation Area to
CFD No. 18Min the future and the authorization to levy special taxes of territory within the
Future Annexation Area upon the annexation thereof to CFD No. 18Mto finance the 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 CFD No. 18Min the future and the authorization to levy
special taxes within such territory upon the annexation thereof to CFD No. 18Mdoes 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 CFD No. 18Min 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 CFD No. 18M, as said property is shown on a map as previously
approved by this legislative body, said map designated as “Future
Annexation Area, Community Facilities District No. 18M (Otay
Ranch Village 3), City of Chula Vista, County ofSan Diego, State
of California”(the “Future Annexation Area Map”), a copy of
which is on file in the Office of the City Clerk and shall remain
open for public inspection. The Future Annexation Area Map has
2
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
been filed in the Office of the San Diego County Recorder, in
Book 46, Page 6of Maps of Assessment and Community Facilities
Districts and as Document No. 2016-7000437.
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 ServicesAuthorized To Be Financed.The types of services to
be financed from the levy of the special tax in CFD No. 18M, including the Future Annexation
Area, are those described in Exhibit A hereto which is incorporated herein by this referenced (the
“Authorized Services”). The Authorized Services to be financed by the levy of special taxes to
be levied on specific territory within the Future Annexation Area to be annexed to CFD No. 18M
may include some or all of such Authorized Services or may include alternatives to the
Authorized Services.
The Authorized Services shall to the maximum extent practicable, taking into account
budgetary and operational demands of the City, be provided in common within CFD No. 18M
and the Future Annexation Area.
The City Council finds that the Authorized Services described in this Section 5hereof are
necessary to meet increased demands placed upon the City as a result of new development
occurring within the boundaries of CFD No. 18Mand the Future Annexation Area.
The cost of the payment of the Authorized Services 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 annexation of the Future Annexation Area to CFD No.
18M; the costs of collecting any special taxes; and costs otherwise incurred in order to carry out
the authorized purposes of CFDNo. 18M.
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 payment of the Authorized
Services (the “Special Tax”) for the territory of the Future Annexation Area upon the annexation
of such territory to CFD No. 18Mand related Incidental Expenses authorized by the Act, secured
by recordation of a continuing lien against all non-exempt territory in the Future Annexation
Area that annexes to CFD No. 18M, will be levied annually within the boundaries of such
territory upon the annexation thereof to CFD No. 18M. For further particulars as to the rates and
method of apportionment of the proposed Special Tax (the “Rate and Method of
Apportionment”), reference is made to the attached and incorporated Exhibit B, which sets forth
in sufficient detail the rates and method of apportionment of the Special Tax to allow each
landowner or resident within the territory in the proposed 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 CFD No. 18M.
3
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Notwithstanding the foregoing, if the actual cost of providing Approved Services
applicable to any parcel within the proposed Future Annexation Area is higher or lower than the
cost of providing the Approved Services applicable to the parcels within the existing District, a
higher or lower Special Tax may be levied on such parcel within the proposed Future
Annexation Area subject to the unanimous approval and election of the owner or owners of such
parcel. 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 Area that
annexes to CFD No. 18Mmay not be prepaid.
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 CFD No. 18M, 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 lien is 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 CFD No. 18Mof the special taxes
described in Section 6above.
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 6above.
C.CFD No. 18Mshall 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 CFD No. 18M, shall annually file a report with the City
Council as required pursuant to Government Code Section 50075.3
4
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Section 8.Annexation Effective Date. Annexation of any parcel in the Future
Annexation Area to CFD No. 18Min the future shall be effective only upon the unanimous
approval and election of the owner or 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:
______________________________
Kelly Broughton,FASLAGlen R. Googins,
Development Services DirectorCity Attorney
5
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
EXHIBIT “A”
DESCRIPTION OF AUTHORIZED SERVICES
The types of services (the “Services”) to be funded by Special Taxes levied within CFD No.
18Mand the Future Annexation Area, upon the annexation to CFD No. 18M, shall include
maintenance, servicing and replacement of (a) landscaping, including, but not limited to, trees,
shrubs, grass, other ornamental vegetation located in or on slopes, parkways and medians; (b)
facilities that are directly related to storm water qualitycontrol; (c) walls and fencing; and (d)
trails (collectively, the “Improvements”) located in public right-of-way, property owned by the
City of Chula Vista (“City”) or property over which the City has an easement authorizing the
City to maintain such landscaping, facilities, walls and fencing and trails.
For purposes of this description of the Services to be funded by the levy of Special Taxes within
CFD No. 18M, including the Future Annexation Area upon annexation to CFD No. 18M,
“maintenance” includes, but is not limited to, the furnishing of services and materials for the
ordinary and usual maintenance, operation, and servicing of any of the Improvements, including:
(a) Repair, removal, or replacement of all or any part of any Improvement.
(b) Providing for the life, growth, health, and beauty of landscaping, including cultivation,
irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
(c) The removal of trimmings, rubbish, debris, silt, and other solid waste.
(d) The cleaning, sandblasting, and painting of walls and other Improvementsor cover graffiti.
(e) The elimination, control, and removal of rodents and vermin.
(f)The maintenance and cleaning of drainage and other storm water control facilities required to
provide storm water quality control.
"Service" or "servicing" means the furnishing of:
(a) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or
for the lighting or operation of any other Improvements.
(b) Water for the irrigation of any landscaping or the operation or maintenance of any other
Improvements.
For purposes of this description of the Services to be funded by the levy of Special Taxes within CFD
No. 18M, including the Future Annexation Area upon annexation to CFD No. 18M, “administrative
expenses” means the actual or estimated costs incurred by the City, acting for and on behalf of CFD No.
18Mas the administrator thereof, to determine, levy and collect the Special Taxes within CFD No. 18M,
including the Future Annexation Area upon the annexation to CFD No. 18M, including salaries of City
employees and a proportionate amount of the City’s general administrative overhead related thereto, and
the fees of consultants and legal counsel providing services related to the administration of CFD No.
A -1
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
18M; the costs of collecting installments of the Special Taxes levied within CFD No. 18M; and any
other costs required to administer CFD No. 18Mas determined by the City.
A -2
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
EXHIBIT “B”
Rate and Method of
Apportionment of Special Tax
City of Chula Vista
Community Facilities District No. 18M
(Otay Ranch Village 3)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels of Taxable Property
within the boundaries of Community Facilities District No. 18M (Otay Ranch Village 3) of the
City of Chula Vista and collected each Fiscal Year commencing with Fiscal Year 2017-18 in an
amount determined by the CFD Administrator through the application of the procedures
described below. All of the real property within CFD No. 18M, unless exempted by law or by
the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein
provided.
A.DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre”or“Acreage”means the land area of an Assessor’s Parcel as shown on an Assessor’s
Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown
Parcel
on the applicable Final Subdivision Map, other final map, other parcel map, other condominium
plan, or functionally equivalent map or instrument recorded in the Office of the County
Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by
43,560.
“Act”means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Part 1, Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses”means the actual or estimated costs incurred by the City, acting for
andon behalf of the CFD as the administrator thereof, to determine, levy and collect the
Special Taxes, including salaries of City employees and a proportionate amount of the City’s
general administrative overhead related thereto, and the fees of consultants and legal counsel
providing services related to the administration of the CFD; the costs of collecting installments
of the Special Taxes; and any other costs required to administer the CFD as determined by the
City.
“Assessor’s Parcel”or“Parcel”means a lot or parcel shown in an Assessor’s Parcel Map with an
assigned assessor’s parcel number.
B -1
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
“Assessor’s Parcel Map”means an official map of the Assessor of the County designating
parcels by assessor’s parcel number.
“CFD Administrator”means an official of the City, or designee thereof, responsible for
the SpecialTax Requirement and providing for the levy and collection of the
determining
Special Taxes.
“CFD No. 18M”or“CFD”means Community Facilities District No. 18M (Otay Ranch Village 3) of
the City of Chula Vista.
“City”means the City of Chula Vista.
“Community Purpose Facility Property”or“CPF Property” means all Assessor’s Parcels which
areclassified as community purpose facilities and meet the requirements of City Ordinance No.
2883.
“Construction Cost Index” means, for any Fiscal Year, the applicable Construction Cost Index
forthe City of Los Angeles as set forth in the Engineering News Record for July of such Fiscal
Year. In the event that this rate is no longer published or provided, the CFD Administrator shall
choose a comparable rate to use in its place.
“Consumer Price Index for Urban Wage Earners and Clerical Workers” or“CPI-W”means the
applicableCPI-W as set forth by the United States Department of Labor, Bureau of Labor
Statistics for July of such Fiscal Year. In the event that this rate is no longer published or
provided, the CFD Administrator shall choose a comparable rate to use in its place.
“Council”means the City Council of the City, acting as the legislative body of the CFD.
“County”means the County of San Diego, California.
“Developed Property”means all Taxable Property for which a building permit was issued prior
Special Tax is being levied.
to the March 1st preceding the Fiscal Year in which the
“Dwelling Unit”or“DU”means each separate residential dwelling unit that comprises an
independentfacility capable of conveyance or rental separate from adjacent residential
dwelling units.
“Exempt Property”means all Assessor’s Parcels within CFD No. 18M that are exempt from the
Special Taxes pursuant to law or Section F herein.
“Final Subdivision Map”means a subdivision of property creating residential or non-residential
buildablelots by recordation of a final subdivision map or parcel map pursuant to the
Subdivision Map Act (California Government Code Section66410 et seq.), or recordation ofa
condominium plan pursuant to California Civil Code 1352, that creates individual lots for which
building permits may be issued without further subdivision and is recorded prior to March 1
preceding the Fiscal Year in which the Special Tax is being levied.
B -2
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
“Fiscal Year”means the period starting July 1 and ending on the following June 30.
“Land Use Class”means any of the classes listed in Table 1.
“Maximum Special Tax Basis”means the amount determined in accordance with SectionC
that represents the actual costs associated with providing the Services funded by CFD
below
No. 18M.
“Maximum Special Tax”means the maximum Special Tax, determined in accordance with
C below that may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable
Section
Property.
“Multi-Family Property” means all Assessor’s Parcels of Residential Property consisting of two
ormore for-rent Dwelling Units that share common walls, including, but not limited to,
apartments and townhomes that are not for sale to an end user and are under common
management.
“Non-Residential Property”means all Assessor’s Parcels of Developed Property for which a
building permit(s) has been issued for a structure or structures for non-residential use.
“Otay Water District Commodity Rate” means the maximum rate charged by the Otay Water
Districtfor recycled water on July 1 st of any Fiscal Year. In the event that this rate is no longer
published or provided, the CFD Administrator shall choose a comparable rate to use in its place.
“Property Owner Association Property”means any property within the boundaries of the CFD
thatis owned by, or irrevocably dedicated as indicated in an instrument recorded with the
County Recorder to, a property owner association, including any master or sub-association.
“Public Property”means any property within the boundaries of the CFD that is, at the time of
the CFD formation, expected to be used for any public purpose and is owned by or dedicated to
the federal government, the State, the County, the City or any other public agency.
“Reserve Fund”means a fund that shall be maintained for the CFD each Fiscal Year to provide
cash flow for the first six months of each Fiscal Year, working capital to cover
necessary
monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special
Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
“Residential Property”means all Assessor’s Parcels of Developed Property for which a building
g one or more residential dwelling unit(s).
permit(s) has been issued for purposes of constructin
“Services”means those authorized services that may be funded by CFD No. 18M pursuant to
theAct, as amended, including, without limitation, those services authorized to be funded by
CFD No. 18M as set forth in the documents adopted by the City Council at the time CFD No.
18M was formed.
“Single Family Attached Property” means all Assessor’s Parcels of for-sale Residential Property
consistingof one or more Dwelling Unit(s) that share common walls with one or more other
Dwelling Unit(s), including, but not limited to, duplexes, triplexes, townhomes, and
condominiums.
B -3
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
“Single Family Detached Property” means all Assessor’s Parcels of Residential Property
consisting of a single Dwelling Unit.
“Special Tax”means the Special Tax levied pursuant to the provisions of sections C and D
in each Fiscal Year on each Assessor’s Parcel of Developed Property and Undeveloped
below
Property in CFD No. 18M to fund the Special Tax Requirement.
“Special Tax Requirement”means the amount, as determined by the CFD Administrator, for
Fiscal Year to: (i) pay the costs of providing the Services during such Fiscal Year, (ii) pay
any
Administrative Expenses associated with the Special Tax, (iii) establish or replenish the Reserve
Fund, (iv) pay incidental expenses related to the Services as authorized pursuant to the Act, (v)
fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal
Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and
(vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year
necessary to fund the Special Tax Requirement for Services for such Fiscal Year where such
shortfall resulted from delinquencies in the payment of Special Taxes in such Fiscal Year that
exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax
Requirement for Services for such Fiscal Year, less (vii) any funds available in the Reserve Fund
or other funds associated with CFD No. 18M.
“State”means the State of California.
“Taxable Property”means all of the Assessor’s Parcels within the boundaries of CFD No. 18M
of the CFD that are not exempt from the Special Tax pursuant to law or as defined below.
“Undeveloped Property”means, for each Fiscal Year, all Taxable Property not classified as
Developed Property.
B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2017-18, using the definitions above, each
Assessor’s Parcel within CFD No. 18M shall be classified by the CFD Administrator as Taxable
Property or Exempt Property. In addition, each such Fiscal Year, each Assessor’s Parcel of
Taxable Property shall be further classified by the CFD Administrator as Developed Property or
Undeveloped Property.
Developed Property shall be further assigned to a Land Use Class as specified in Table 1. The
Land Use Class of each Assessor’s Parcel of Residential Property or Non-Residential Property
shall be determined based on the records of the County Assessor or other such information
provided by the City. Commencing with Fiscal Year 2017-18 and for each subsequent Fiscal
Year, Developed Property shall be subject to the levy of Special Taxes pursuant to Section C
below.
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land
Use Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the
Maximum Special Taxes for all Land Use Classes located on that Assessor’s Parcel.
B -4
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
C.MAXIMUM SPECIAL TAX RATE
1.Developed Property
The Maximum Special Tax for any Assessor’s Parcel classified as Developed Property shall be
determined by reference to Table 1 and the paragraphs that follow Table 1.
TABLE 1
Maximum Special Tax Basis for Developed Property
Community Facilities District No. 18M
(Fiscal Year 2016-17)
MaximumMaximum
MaximumSpecial Tax Special Tax Basis
Special Tax Basis Basis for for Asset Maximum
Land Use Classfor LaborWaterReplacementSpecial Tax Basis
Single Family $ 912.16$ 341.42$ 255.70$1,509.28
Detached Property
Single Family $ 729.73$ 273.14$ 204.56$1,207.43
Attached Property
Multi-Family$ 72.97$ 27.31$ 20.46$ 120.74
Property
Non-Residential$3,648.64$1,365.68$1,022.82$6,037.13
Property
The Maximum Special Tax Basis shall be equal to the sum of Maximum Special Tax Basis for
Labor, Maximum Special Tax Basis for Water and Maximum Special Tax Basis for Asset
Replacement as shown in Table 1 above.
In determining the Maximum Special Tax Basis, the components of the Maximum Special
Tax Basis for each Land Use Description shall be increased in the 2017-18 Fiscal Year, and
each Fiscal Year thereafter, as follows:
i.the annual percentage change of the Maximum Special Tax Basis for Labor
shall be equal to the annual percentage change in the Consumer Price Index
for Urban Wage Earners and Clerical Workers (CPI-W); and
ii.the annual percentage change of the Maximum Special Tax Basis for Water
shall be equal to the annual percentage change in the Otay Water District
Commodity Rate; and
iii.the annual percentage change of the Maximum Special Tax Basis for Asset
Replacement shall be equal to the annual percentage change in the
Engineering News Record Construction Cost Index for the Los Angeles Area.
The Fiscal Year 2016-17 Maximum Special Tax shall be equal to the Fiscal Year 2016-17
Maximum Special Tax Basis. In each subsequent Fiscal Year, the Maximum Special Tax shall
B -5
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
be increased by an amount not less than two percent (2%) and not greater thansix percent
(6%)that results in a minimal absolute difference from the Maximum Special Tax Basis for
that Fiscal Year.
2.Other Property Types
No Special Tax shall be levied on Undeveloped Property or Exempt Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2017-18, and for each subsequent Fiscal Year, the CFD
Administrator shall levy the Special Tax on all Taxable Property of CFD No. 18M until the total
amount of Special Tax levied equals the Special Tax Requirement. TheSpecial Tax shall be levied
Proportionately on each Assessor’s Parcel of Developed Property within CFD No. 18M up to
100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement.
Notwithstanding the above, under no circumstances willthe Special Tax levied against any
Assessor’s Parcel of Residential Property for which an occupancy permit for private residential
use has been issued be increased as a consequence of delinquency or default by the owner of
any other Assessor’s Parcel within the CFD by more than ten percent (10%) above what such
Special Tax would have been in the absence of delinquencies.
E. PREPAYMENT OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized
Services and therefore may not be prepaid.
F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner
Association Property, (iii) CPF Property, (iv) Assessor’s Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement,
including but not limited to property designated for open space, trails, pathways, parks or park
and recreation related facilities, and (v) property reasonably designated by the City or CFD
Administrator as Exempt Property due to deed restrictions, conservation easement, or similar
factors.
G. 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
thatan 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
B -6
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
(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.
Iffollowing 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.
H. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at
the same time as ordinary ad valoremproperty taxes, provided that the CFD Administrator may
directlybill the Special Tax, may collect Special Taxes at a different time or in a different
manner if necessary to meet the financial obligations of the CFD or as otherwise determined
appropriate by the CFD Administrator.
I. TERM OF SPECIAL TAX
Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity.
B -7
60297.00048\\29290871.4
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
City of Chula Vista
Staff Report
File#:16-0456, Item#: 10.
CONSIDERATIONOFAREPORTREGARDINGTHECITY’SOPERATIONSSUSTAINABILITY
PLAN IMPLEMENTATION EFFORTS
REPORTTOTHECITYCOUNCILOFTHECITYOFCHULAVISTAUPDATINGTHECITY
OPERATIONS SUSTAINABILITY PLAN IMPLEMENTATION EFFORTS
RECOMMENDED ACTION
Council accept the report.
SUMMARY
Since2014,amulti-departmental“GreenTeam”hasbeenworkingtoimplementtheCityOperations
SustainabilityPlan(Plan).ThePlansetsnumericgoalsandidentifiesimplementationstrategiesin
sevenfocusareashelpingtolowercityoperationcosts,creatingahealthierworkplace,and
contributingtocleanerair,water,andlandinthecommunity.Thisreportisastatusupdateofthe
implementation.
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
DISCUSSION
Sustainabilityisincreasinglybecomingafocalpointforcorporationsandorganizationswishingto
createlong-termcustomerandemployeevaluebytakingintoconsiderationhowtheirenterprise
operatesintermsofsocial,economic,andenvironmentalperformance.Over6,200companies
worldwidehavecreatedasustainabilitystrategyandconductannualreportstoassesstheirprogress
inpursuingthis“TripleBottomLine”approach-people,planetandprosperity.Thesesustainability-
mindedbusinesseshavebenefittedfromfosteringinnovationintheircompanyculture,reducinglong-
termutilityandfuelcosts,andcreatingahealthierworkplace.Formunicipaloperations,
City of Chula VistaPage 1 of 3Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0456, Item#: 10.
sustainabilitycanbedefinedastheCity’sabilitytoprovidehighqualityinfrastructure,services,and
programs in a manner, which balances the needs of current and future generations.
Since2014,amulti-departmental“GreenTeam”hasbeenimplementingstrategies,“leadingby
example”, in integrating innovative sustainable practices throughout its operations.
TheCityOperationsSustainabilityPlansetsnumericgoalsfor2020in7focusareas-EnergyUse,
WaterUse,GreenPurchasing,Recycling&WasteReduction,PollutionPrevention,Transportation,
andGreenBuildings&Infrastructure.ThePlanidentifiesimplementationstrategiesandpotential
fundingsourcesineachareatohelpreachthetargets.Inmanycases,thesestrategiesalsoassist
ChulaVistainmeetingcurrentandpendingStatemandates.Finally,thePlanoutlinesopportunities
to actively engage City employees and leaders, which will be critical to its successful implementation.
ThelevelofimplementationinsomecasesmaybedependentupontheCity’sabilitytosecure
fundingsources.Nonetheless,theCityOperationsSustainabilityPlanservesasapowerfulpolicy
frameworktoguidetheCityofChulaVista’ssustainabilityefforts,representsacompilationofnew
andexistingsustainabilitystrategies(whicharecurrentlyscatteredthroughoutthemunicipalcode
andprogramdocuments),andreinforcestheCity’sContinuousImprovementphilosophyoftirelessly
pursuing the “least waste way.”
Our Big Goals2016 Status Update
Reduce energy by 20% by 2020Done! Reduced by 29.6%
Reduce potable water use by 10% by 2020Done! Reduced by 30.1%
80% of all office/custodial purchases Green by 2020
70% of Office Depot green. Bidding out custodial supplies 2017
75% recycling rate by 202067%
Prevent all non-stormwater discharges from City facilities 6/15/2015Done!
Comply with BMP requirements and pass inspections with 80% by 2020Done!
40% of city fleet transitioned to hybrid or alternative fuel36% (70 EV Charging stations 2017)
Increase % of employees using sustainable commute options to 30%10%
At least 2 buildings operating at enhanced green standards
LEED - Existing Building Operations & Maintenance City Hall 2017
Use Envision Tool for sustainable design of infrastructure by 2020Starting employee training 2016
All new buildings over 10,000 sf built to enhanced green standardsNo applicable new buildings
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationssection18704.2
(a)(1),isnotapplicabletothisdecision.Staffisnotindependentlyaware,andhasnotbeeninformed
byanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmaker
conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoods,andaConnectedCommunity.TheCityOperations
SustainabilityPlandirectlycontributestotheHealthyCommunitygoalasitseekstoimplement
strategies and programs that protect natural resources and promote sustainability.
CURRENT YEAR FISCAL IMPACT
BecausetheCityOperationsSustainabilityPlanisapolicyframeworkandwillbeimplementedbased
onavailablefunding,itsadoptiondidnothaveadirectfiscalimpact.Itisanticipatedthatwhen
individualimplementationstrategiesorrelatedprojectsarefurtherdevelopedandpresentedtoCity
City of Chula VistaPage 2 of 3Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
File#:16-0456, Item#: 10.
Council for consideration, any specific positive or negative fiscal impacts will be identified.
ONGOING FISCAL IMPACT
Asmentionedabove,thepolicy-levelCityOperationsSustainabilityPlandoesnothaveanongoing
fiscalimpact.Impactsfromanyspecificimplementationstrategieswillbeevaluatedastheyare
further developed and considered.
ATTACHMENTS
Attachment 1 - City Operations Sustainability Plan
Attachment 2 - Status Update
Staff Contact: Lynn France, Environmental Services Manager
City of Chula VistaPage 3 of 3Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
2014-2020
#¨³¸ /¯¤± ³¨®²
3´²³ ¨ ¡¨«¨³¸ 0«
CITY OPERATIONS GREEN TEAM
Khosro Aminpour
Public Works - Engineering
Bob Beamon
Public Works - Sustainability
Suzi Brooks
Finance
Steve Dorsey
Public Works - Operations
Teri Enos-Guerrero
Human Resources
Lynn France
Public Works - Sustainability
Mandy Mills
City Manager’s Office
Brendan Reed
Public Works - Sustainability
Mark Roberts
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Public Works - Operations
Chula Vista – City Operations Sustainability Plan
1
INTRODUCTION
Chula Vista has a proud history of being a municipal leader in sustainability. The City Council
has long recognized that the City’s environmental efforts also create numerous community co-
benefits such as utility cost savings, less congested
City of Chula Vista strives to
streets, healthier and more connected neighborhoods,
“lead by example” in
local economic development, and an overall higher
quality of life. As such, the City of Chula Vista has been integrating innovative
recognized by the Environmental Protection Agency,
sustainable practices
California Sustainability Alliance, California Department
throughout its operations
of Resource Recycling and Recovery, Industrial
and facilities
Environmental Association, Sierra Club, and others.
Chula Vista has created its first City Operations Sustainability Plan. The Plan’s vision is that,
through a continuous improvement framework, the City will strive to “lead by example” in
integrating innovative sustainable practices throughout its operations and facilities, thereby
helping to ensure clean air, water, and land in the community. The Plan formally outlines the
goals and strategies that the City hopes to accomplish by 2020 in seven key sustainability
areas:
Energy Use Pollution Prevention
Water Use Transportation
Green Purchasing Green Buildings & Infrastructure
Recycling & Waste Management
As part of the City Operations Sustainability Plan, various potential funding sources have been
highlighted that could support its implementation. The level of implementation will be
dependent upon the City’s ability to secure these funding opportunities. Nonetheless, the City
Operations Sustainability Plan provides a powerful policy framework for the City of Chula Vista
to pursue external funding and to leverage existing municipal programs to effectively integrate
sustainability throughout its operations and facilities.
Employee Engagement
While the Plan was developed through an inter-departmental “Green Team,” the ongoing
support and participation of all City employees will be critical to its success. City leaders
and employees will be frequently engaged through:
CLEAN Employee Award (Annual) - Green Teams (Ongoing)
Employee Lunch & Learns (Quarterly) - New Hire Orientation (Ongoing)
Employee Surveys (Annual) - Plan Progress Reports (Annual)
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista – City Operations Sustainability Plan
2
1. ENERGY USE
EXISTING POLICIES & DOCUMENTS
The City of Chula Vista spends approximately $3 million
Municipal Building Energy
annually on electricity and natural gas use at municipal
Efficiency Policy (2005)
facilities. Energy management efforts help to reduce
these long-term utility costs and associated greenhouse
Energy Efficiency
gas emissions, while typically improving building
-New buildings should maximize
performance and occupants’ health and comfort.
passive cooling and heating.
-New and renovated buildings
Goal:
(>4,500 sf) should be at least
Reduce municipal energy use by 20% by 2020 through
20% more efficient than State
energy efficiency and renewable energy initiatives.
code.
-Existing buildings should be
retrofitted with more efficient
Baseline Year: 2010
technologies (as available).
Partnerships: DOE Better Buildings Challenge
-Only purchase EPA ENERGY
EPA Green Power Partnership
STAR qualified appliances and
SDG&E Local Government Partnership
products.
Strategies:
1.Implement all cost-effective energy efficiency
Renewable Energy
upgrades, such as the Multi-Site Lighting Upgrade
-New and renovated buildings
project.
should incorporate onsite
renewable energy.
2.Retro-commission all municipal buildings that are
-Overall goal is to meet at least
greater than 20,000 square feet and more than
20% of energy demand with
10 years old to improve energy performance.
onsite renewable energy.
-Up to 100% of purchased
3.Establish a Municipal Utility Reinvestment Fund
electricity should be renewable
(using previous utility cost savings) to create a
(if costs are equal or less than
conventional electricity).
revolving mechanism for funding energy
improvements.
4.Purchase 100% renewable energy for the City’s
FUNDING OPPORTUNITIES
facilities under Direct Access contracts.
-Local Government Partnership
with SDG&E and CA Public
5.Transition to “Zero Net Energy” design for all new
Utilities Commission
municipal facilities.
-CA Energy Commission loans
-CSCDA Sustainable Energy Bond
Performance Metrics:
program
-Annual kWh and Therm usage
-Municipal Utility Reinvestment
-Energy use intensity (MMBTU/square foot)
Fund (proposed)
-% onsite renewable energy
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista – City Operations Sustainability Plan
3
2. WATER USE
EXISTING POLICIES & DOCUMENTS
Water is an increasingly limited and expensive resource
Landscape Water Conservation
costing municipal operations over $3.8 million annually.
Ordinance (2010)
In addition, the transport and treatment of water
-Promote the values and
requires significant energy use.
benefits of landscapes, while
recognizing the need to utilize
Goal:
water as efficiently as possible.
Reduce overall municipal potable water use by 10% by
-Establish a structure for
2020 through water conservation, efficiency, and reuse.
planning, designing, installing,
maintaining, and managing
water efficient landscapes in
Baseline Year: 2009
new and rehabilitated
Partnerships: Sweetwater Authority
landscapes.
Otay Water District
-Promote the use of recycled
water, gray water, and
Strategies:
captured rainwater for
1.Implement all cost-effective water efficiency
irrigation landscaping, when it
upgrades, such as the Aquatic Center Shower
is available.
Upgrade.
-Use of water efficiently, and
without waste, by setting a
2.Install a new web-based irrigation monitoring and
Maximum Applied Water
control system at all Parks and Open Space sites.
Allowance as an upper limit for
water use at the lowest
3.Purchase only EPA WaterSense-labeled plumbing
practical amount.
fixtures, appliances, and products.
4.Establish a Municipal Utility Reinvestment Fund
(using previous utility cost savings) to create a
revolving mechanism for funding water
FUNDING OPPORTUNITIES
improvements.
-Water districts’ rebates and
5.Transition to landscape designs that achieve at
incentives
least 20% less water use for all new municipal
-CSCDA Sustainable Energy Bond
facilities, except active recreation areas (compared
program
-Municipal Utility Reinvestment to water allowances in 2010 Landscape Water
Fund (proposed)
Conservation Ordinance).
Performance Metrics:
-Annual potable water use
-Annual recycled water use
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista – City Operations Sustainability Plan
4
3. GREEN PURCHASING
EXISTING POLICIES & DOCUMENTS
Green Purchasing is defined as using purchasing power in
Environmentally Preferable
the most cost-effective, fair, and environmentally benign
Products Purchase Policy (2008)
way. Annually, the City of Chula Vista spends over
-Leasing of selective products
$200,000 just on office products and supplies.
rather than purchasing them
-Requesting less toxic
Environmentally-friendly products can also help reduce
alternatives.
long-term utility costs and create a healthier workplace.
-Requiring manufacturers to
“take back” their products at
the end of the useful life (either
directly or through producer-
Goal:
funded collection programs).
At least 80% of all office and custodial supplies annually
-Consider “Total Cost of
are categorized as “green” by 2020.
Ownership” (includes all
purchase, operating, and
Baseline Year: 2013
disposal costs) when selecting
Partnerships: Responsible Purchasing Network
products or services.
EPA West Coast Materials Mgmt. Forum
-If fitness and quality are equal,
Washington & Oregon states
environmentally preferable
products will be purchased
Strategies:
when available at the same or
lessor total cost. 1.Integrate green product specifications in the
upcoming bid solicitation for custodial cleaning
Municipal Building Energy
products.
Efficiency Policy (2005)
-Only purchase EPA ENERGY
2.Develop a Top 10 list of environmentally-preferred
STAR qualified appliances and
products for frequently ordered supplies.
products.
3.Transition to 100% recycled copier paper and 30%
100% Clean Fleet Policy (2008 -
post-consumer content for all paper products.
Climate Action Plan)
-All replacement vehicles
4.Include a “sustainability” questionnaire into the
purchased for the fleet should
City’s standard Request for Proposals (RFP)
be hybrid or alternative fuel.
template.
Performance Metrics:
FUNDING OPPORTUNITIES
-% “green” products purchased
-Average % recycled content of copier paper and
-Departmental supplies and
paper products
services budgets
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista – City Operations Sustainability Plan
5
4. RECYCLING & WASTE MANAGEMENT
EXISTING POLICIES & DOCUMENTS
There will always be discards in society, that is a given.
CVMC 8.25 Recycling
But whether or not those discards become waste or a
Provides standards for
material resource for something else is a matter of choice.
municipal integrated solid
Through landmark initiatives like the Integrated Waste
waste management including
Management Act, Beverage Container Recycling and Litter
source reduction, recycling, and
Reduction Act, and AB 341 Mandatory Commercial
composting of solid wastes.
Recycling, California works toward a society that uses less,
AB 939 CA Integrated Waste
recycles more, and takes resource conservation to higher
Management Act (1989)
levels.
Jurisdictions required to divert
50% of all solid waste from
The implementation of those strategies will drive changes
landfill disposal by 2005,
in Chula Vista’s recycling programs in order to achieve
through source reduction,
75% recycling statewide.
recycling, and composting
activities.
Goal:
At least 75% of waste from municipal operations is
City of Chula Vista Integrated
recycled annually by 2020.
Waste Management Plan (1993)
Municipal plan outlining the
Baseline Year: 2014
programs and policies needed
Partnerships: Republic Services
to locally reach the AB939
diversion goal.
Strategies:
AB 341 Solid Waste Recycling
1.Establish a baseline of waste generation for City
(2011)
operations – waste and recyclables volumes.
Establishes a statewide
recycling goal of 75% by 2020.
2.Perform a waste audit of the City waste stream to
identify the materials types.
3.Identify materials that are to be reduced and
FUNDING OPPORTUNITIES
recycled and that are difficult to manage.
-AB 939 fee
4.Establish appropriate actions for each type of
-Free service provided by
material.
Republic Services to City
facilities
-CA Department of Resource
Performance Metrics:
Recycling and Recovery grants
-Annual waste and recyclables volumes
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista – City Operations Sustainability Plan
6
5. POLLUTION PREVENTION
EXISTING POLICIES & DOCUMENTS
Pollution negatively impacts all aspects of Chula Vista’s
environment and quality of life, but this impact is far
Non-Storm Water Discharges
more pronounced on water quality due to the local
CVMC 14.20.100.A
scarcity of water resources. Local agencies that are
It is unlawful for any person to
responsible for implementing Clean Water Act
discharge non-storm water into
regulations should set examples for their citizens.
the storm water conveyance
system, except as provided in
CVMC 14.20.110.
Goal 1:
Prevent all non-storm water discharges from municipal
NPDES Municipal Permit (2013)
facilities (including landscape over-irrigation) to storm
Non-storm water discharges
drains by June 2015.
are to be effectively prohibited,
through the implementation of
Goal 2:
Provision E.2, unless such
Comply with storm water “Best Management Practices”
discharges are authorized by a
(BMPs) requirements on all municipal facilities and pass
separate NPDES permit.
annual inspections with a minimum score of 80% by
2020.
Storm Water Discharges
CVMC 14.20.120.A
Baseline Year: 2014
It is unlawful for any person not
Partnerships: Public Works Operations
to comply with BMPs and
pollution control requirements
Strategies:
established by the City or other
1.Conduct annual assessments and improve existing
responsible agency to eliminate
strategies or establish new strategies, as needed.
or reduce pollutants entering
the City’s storm water
conveyance system.
2.Facilitate citizen and staff pollution reporting.
NPDES Municipal Permit (2013)
3.Phase out chemical pesticide and fertilizer use.
Discharges from storm drains in
a manner causing, or
4.Create a rainwater harvesting demonstration.
threatening to cause, a
condition of pollution,
5.Transition to high-efficiency irrigation nozzles at
contamination, or nuisance in
municipal sites to avoid runoff.
receiving waters of the state
are prohibited.
6.Expand biannual pollution prevention trainings to
include staff from every department.
Performance Metrics:
FUNDING OPPORTUNITIES
-# of observed or reported non-storm water
Proposition 84 grants
-
discharges
-# of non-compliant annual inspections
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista – City Operations Sustainability Plan
7
6. TRANSPORTATION
EXISTING POLICIES & DOCUMENTS
Alternative transportation helps improve local air quality,
100% Clean Fleet Policy (2008 -
reduce traffic congestion, and is typically a more cost-
Climate Action Plan)
effective way to commute. In addition, these
-All replacement vehicles
transportation options help reduce employee stress and
purchased for the municipal
improve their well-being.
fleet should be hybrid or
alternative fuel.
Factors such as the
Goal 1:
-
appropriateness for the vehicle
Transition 40% of fleet to hybrid or other alternative fuel
task, fueling infrastructure,
technology by 2020.
petroleum displacement, and
the overall cost and
Goal 2:
environmental benefit must be
Increase the percentage of employees who are regularly
considered prior to purchasing
using sustainable commute options to 30% by 2020.
each replacement vehicle.
Baseline Year: 2013
City-Contracted Clean Fleet Policy
Partnerships: iCommute San Diego
(2008 - Climate Action Plan)
San Diego Regional Clean Cities
-Work with fleets under City
San Diego County Bicycle Coalition
authority to influence their
expanded use of hybrid and/or
Strategies:
alternative fuels.
1.Install electric vehicle chargers for fleet use.
2.Designate preferred parking spaces for carpool/
alternative fuel vehicles at all major municipal
facilities.
3.Install outdoor bike lockers for employee use.
FUNDING OPPORTUNITIES
4.Initiate a pre-tax transit reimbursement program.
-CA Energy Commission grants
-CA Clean Vehicle Rebate
Program
5.Expand the use of alternative work schedules and
-CalTrans Bike Locker Program
teleworking through supervisor and employee
outreach.
Performance Metrics:
-% of alternative fuel/hybrid vehicles in fleet
-% of employees alternatively commuting (per
pay period)
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
Chula Vista – City Operations Sustainability Plan
8
7. GREEN BUILDINGS & INFRASTRUCTURE
EXISTING POLICIES & DOCUMENTS
Green buildings and infrastructure are environmentally-
Municipal Building Energy
responsible and resource-efficient throughout their life-
Efficiency Policy (2005)
cycle: from siting to design, construction, operation,
-See Energy Use section.
maintenance, renovation, and demolition. Other
components of this Plan will also greatly contribute to
Environmentally Preferable
meeting green building and infrastructure standards.
Products Purchase Policy (2008)
-See Green Purchasing section.
Goal 1:
All new buildings over 10,000 sf will be designed and
Landscape Water Conservation
Ordinance (2010)
constructed to meet enhanced green building standards,
-See Water Use section.
while at least two existing buildings will be operated and
maintained to meet enhanced green building standards by
Shade Tree Policy (2012)
2020.
-New parking lots should be
designed to incorporate shade
Goal 2:
trees in order to achieve 50%
Integrate sustainable design concepts and products into all
canopy coverage over the
infrastructure projects by 2020 using the American Public
parking stalls within 15 years.
Works Association’s Envision – Self Assessment Tool.
-Cool paving materials and solar
canopies are alternate ways to
Baseline Year: 2013
comply with the 50% threshold.
Partnerships: US Green Building Council – San Diego
-Healthy, existing shade trees
American Public Works Assoc. – San Diego
should be retained and shall be
credited 150% towards the 50%
Strategies:
threshold.
-Trees should be planted along
1.Train at least 2 staff members in every department
streets to maximize shade
in green buildings and sustainable operation
cover.
practices.
2.Train at least 10 engineering and planning staff
members in green infrastructure and the Envision
FUNDING OPPORTUNITIES
framework.
-Local Government Partnership
3.Develop an inter-departmental Green Building
with SDG&E and CA Public
Team to coordinate and guide green building
Utilities Commission (Trainings
efforts.
Only)
-SDG&E rebates and incentives
Performance Metrics:
-Development Impact Fees
-# of buildings meeting standards
-# of projects using Envision framework
-# of trained employees
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£
City of Chula Vista
Staff Report
File#:16-0538, Item#: 11.
RATIFICATIONOFAPPOINTMENTOFWILLIAMSEARSTOTHEVETERANSADVISORY
COMMISSION
City of Chula VistaPage 1 of 1Printed on 11/3/2016
powered by Legistar™
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤
ΑΏΐΕȃΐΐȃΏΗ !¦¤£ 0 ¦¤